ATHENS, Ohio — On Wednesday afternoon, the Ohio Supreme Court denied the city of Nelsonville’s request to remove from the certified candidates who are running for city office from the upcoming general election ballot.
The city filed writs seeking to compel the Athens County Board of Elections to remove certified candidates who are seeking municipal offices based upon the city’s transition into a statutory form of government, come January 2026.
The city is transitioning from a charter-based form of government due to the passage of Issue 23 in 2024, in an election where around 70% of electors vote in favor of abolishing the city charter.
Denying the city’s writ of mandamus, the Ohio Supreme Court said in its Sept. 17 decision that the city “has not shown a clear legal right to its requested relief in mandamus or a clear legal duty on the part of the board to provide it.”
Additionally, denying the city’s writ of prohibition, the state supreme court said that, “because the board [of elections] did not conduct, and was not required by statute to conduct, a protest hearing, it did not exercise quasi-judicial authority.”
The state supreme court’s decision did not address the legality of Ordinance 54-25 that repealed Issue 23 when the council adopted it Aug. 11.
Nelsonville Law Director Jonathan Robe told the Independent the decision “does not give anybody certainty going forward.”
Without a legal decision on the actual repeal of Issue 23, the repeal remains in effect via Ordinance 54-25, which according to Robe, “leaves this open for future litigation.”
The state supreme court’s decision did grant a couple of additional motions the city had filed during the case: a motion for leave to file an amended affidavit and a motion for leave to file amended evidence.
At the Athens County Board of Elections’ regular meeting Wednesday, Athens County Assistant Prosecutor T.L. Warren told the Independent the state supreme court’s decision maintains the “status quo.”
“All candidates that were filed are going on the ballot,” Athens County Board of Elections Director Tony Brooks told the Independent Thursday. “Our legal counsel has said since they’re two different ones [races], under the charter and the one’s under statutory, they [candidates] can run for both.”
The following candidates will run for city offices:
- For auditor: Andrea Nicole Thompson-Hashman and Nicholas Smith, write-in.
- For council at-large, starting Jan. 1, 2026: Jessica Hollenbaugh, Sue Powell, current council members Nic Joseph Saul and Cory Taylor, and interim treasurer McCray Powell. *Initially, McCray Powell and Joseph Saul filed to run as write-ins for charter-based terms, beginning Dec. 1 for two years.
- For council at-large, Dec. 1–31: Cameron Peck. *McCray Powell, Saul and Taylor will be added to this race as write-ins.
- For mayor: Jonathan Flowers; City Manager Fred Holmes and former council member Nancy Sonick, write-ins.
- For council president: Daniel L. Sherman.
- For treasurer: Brian Elkins, write-in.
Thompson-Hashman joined the legal action as a respondent. In its Wednesday ruling, the court allowed the city’s rebuttal of two of Thompson-Hashman’s claims, regarding the eligibility of one of the council members who voted to overturn Issue 23 and of the city’s legal counsel to represent Nelsonville in the matter.
The court also rejected Thompson-Hashman’s argument that the city’s action was unduly delayed because the council didn’t move to overturn Issue 23 earlier.
The state supreme court’s decision comes just in time for the board of elections to send ballots to voters who qualify under the Uniformed and Overseas Citizens Absentee Voting Act, aka UOCAVA.
Brooks told the Independent that the county will mail out a total six UOCAVA ballots this Friday, including one for a Nelsonville voter.
Brooks said that the board of elections should have ballots prepared by the end of day Thursday. Voters can generate those sample ballots using the board of elections’ website.
The deadline to register to vote in the Nov. 4 general election is Oct. 6.
Shiloh Antonuccio contributed reporting to this story.
This article was updated around 10 a.m. Thursday, Sept. 18 to include additional comment and clarity from the board of elections. It was also updated around 2:40 p.m. to correct a type-o in Brian Elkins’ last name.
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