Tuesday, September 1, 2015

City of Youngstown Sues Board of Elections to Certify Charter Amendment Addressing Hydraulic Fracturing

On August 28, 2015, the City of Youngstown filed a complaint before the Ohio Supreme Court against the Mahoning County Board of Elections as well as the Ohio Secretary of State, Jon Husted, seeking a mandamus to certify a charter amendment proposal addressing hydraulic fracturing for the November 2015 election ballots.

On August 24, 2015, the Council of the City of Youngstown approved the charter amendment proposal to be considered on the November 2015 election ballot. Two days later, the Mahoning County Board of Elections rejected said amendment alleging its invalidity “because provisions of the proposal may be unconstitutional or in conflict with existing state law.”

In its complaint, the City of Youngstown claimed that the “Mahoning County Board of Elections is forbidden by pertinent constitutional principles from arrogating to itself the power to peremptorily invalidate the proposed charter amendment because of [its members] personal opinions on its legality.” The City of Youngstown requested the Board to comply with the requirements specified in section 3501.11 of the Ohio Revised Code and the Ohio and United States Constitutions by placing the proposal on the November 2015 election ballot.

Written by Chloe Marie - Research Fellow

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