NEWBURGH HEIGHTS ORDINANCE GOES TO SECRETARY OF STATE FOR BALLOT ELIGIBILITY TIE BREAKER

August 31, 2012

 

Contact: Mayor Trevor Elkins                                               For Immediate Release

Ph: (216) 225 – 1037

Email: t.elkins [at] newburghhtsoh.gov

 

NEWBURGH HEIGHTS ORDINANCE GOES TO SECRETARY OF STATE

FOR BALLOT ELIGIBILITY TIE BREAKER

 On Tuesday, August 28th the Cuyahoga County Board of Elections deadlocked in a tie vote on whether or not Newburgh Heights is eligible to place a question on the ballot about the creation of a Village codified ordinance which would require the administration to hold an annual hearing and create a report related to campaign contributions, in addition to notifying Congress of the village electorate’s request for a Constitutional amendment regarding corporate personhood and money equaling speech. (Ordinance 2012-49 attached) The result of the Board’s tie vote requires the issue to be decided by Secretary of State Jon Husted.

Mayor Trevor Elkins introduced the legislation and Village Council unanimously approved the ordinance to present the ballot question to the residents at the November election. “I am shocked that some members of the Board chose bureaucracy over democracy. The idea that it is a violation of the Ohio Constitution for a duly elected Mayor and Council to call for a referendum of their residents regarding the creation of a new law is absurd. The Board has clearly overstepped their authority and I am confident Secretary Husted will agree” stated Mayor Elkins. He added, “The residents of Newburgh Heights have a right to decide if they want their elected officials to discuss these types of important issues that impact their community.”

The members of the Board of Elections opposing the ballot question cited a Vietnam War era case involving Willoughby Hills and the withdrawal of U.S. troops from Vietnam as precedent for blocking the ballot access. Those that voted in favor of granting the electorate the right to vote and encouraging citizen participation in governance agreed the case did not provide jurisdiction for the Board of Elections to block ballot access.

 

 

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