NELSONVILLE, Ohio — The Ohio Supreme Court denied Wednesday afternoon the City of Nelsonville’s motion for a second reconsideration in its election case.
In August, Nelsonville City Council adopted an ordinance that repealed Issue 23, the ballot initiative revoking the city charter that passed overwhelmingly in November 2024. It then sought to have the Athens County Board of Elections remove previously approved positions from the Nov. 4 general election ballot, arguing that the repeal of Issue 23 made the positions unnecessary.
The board of elections did not take action regarding the repeal, so the city filed the case Aug. 13 to force the board of elections to comply with its request. The court denied that motion Sept. 17, but did not address the legality of the council’s repeal of Issue 23.
In a motion for reconsideration filed Sept. 19, the city argued that the court’s decision to deny the city’s request “rests on an erroneous foundation that Nelsonville did not point to a statutory duty imposed on the Athens County Board of Elections. Nelsonville did — its own ordinance. This Court appears to have failed to consider that argument.”
The Athens County Board of Elections also asked the court Sept. 19 to “determine the issue of the legality of Ordinance 54-25 and its repeal of Issue 23.”
The board of elections argued that without a decision on whether Ordinance 54-25 was legal or not it “will inevitably lead to further litigation that will not only flood the courts with lawsuits, but will also irreparably injure the public’s confidence in its local government and the legal process.”
That would create a slippery slope of government dysfunction in Nelsonville that “will inevitably filter into other parts of the county,” the board wrote.
The board of elections pointed to examples of townships in Athens County that need to coordinate with Nelsonville for functions such as emergency services, trash collection and road maintenance.
The court’s denial of those requests contained no analysis or explanation, but simply referred back to its Sept. 17 ruling.
With the question of the legality of council repealing a successful ballot initiative unresolved, Ordinance 54-25 it remains in effect.
“The city has not yet had a court at any level really dig into these issues,” Nelsonville Law Director Jonathan Robe told the Independent.
When asked about what options the city has to continue to legally uphold Ordinance 54-25, Robe said, “I don’t know at this point.”
Since the court did not order the board of elections to remove positions from the Nov. 4 ballot, those races will be decided — even though, under council’s repeal of Issue 23, the positions themselves will not exist.
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