Wood County Board of Elections

Board of Elections rules pipeline charter amendment can be on ballot – appeal already filed with Ohio Supreme Court

The anti-pipeline petition for a Bowling Green charter amendment has won a battle to get on the ballot this November. But the opposition has already filed an appeal with the Ohio Supreme Court. The Wood County Board of Elections reported today that it has ruled in favor of the petitioners asking for Bowling Green voters to be able to cast ballots on a charter amendment against pipelines. A hearing was held last week after a city resident, David W. Espen, who is a member of the plumber-pipefitters union, protested the petition. Espen, who was represented by Donald McTigue, of Columbus, said the petitions submitted did not have enough valid signatures, specifically noting the signatures of five BGSU students who used their residence hall addresses rather than their street addresses. The Board of Elections determined the five signatures meet the street address requirement and are valid. Espen’s protest also questioned the constitutionality of the charter amendment, saying it required the city to give citizens authority that the city does not possess. The Board of Elections also concluded the protester had not presented sufficient evidence that the issue should not appear on the ballot. “This is good news,” said Lisa Kochheiser, one of the citizens pushing for the charter amendment. “Now we just have to wait and see if the protester will take it to the Ohio Supreme Court.” That appeal will have to be submitted quickly, since the charter amendment is scheduled to appear on the November ballot in Bowling Green. “There’s a time crunch here,” Kochheiser said. McTigue said late…


Anti-pipeline charter amendment now in limbo

By JAN LARSON McLAUGHLIN BG Independent News   The legal battle to get an anti-pipeline charter amendment on Bowling Green’s ballot has come down to two sides – those who want to stop the pipeline and those who would want the jobs building it. On Thursday morning, the petition submitted by citizen activists worried about the effect of Nexus pipeline on the city’s water plant was challenged by a Bowling Green man who is a member of the local plumber-pipefitter union. The Wood County Board of Elections took information from both sides and will come back with a decision. Last week, the Wood County Board of Elections voted to allow the November ballot to include the controversial charter amendment. However, then a Bowling Green resident, David W. Espen, filed a protest with the board of elections about the charter amendment. Espen was not present at Thursday’s hearing, but was represented by the Columbus law firm McTigue & Colombo. Espen’s objections cite two possible problems with the charter amendment petition – one questioning the number of valid signatures, and the other questioning the authority of the city to grant the power requested in the petition. The complaint zeroed in on five specific signatures. Normally, that might not matter if a handful of signatures were found to be invalid. However, the pipeline petition had only one more signature than required to appear on the ballot. A total of 1,230 signatures were collected on the petition. By law, to make it on the ballot, the petition needed 714 valid signatures. It had 715….


Pipeline charter amendment faces another challenge

By JAN LARSON McLAUGHLIN BG Independent News   The effort to get a pipeline charter amendment on the ballot for Bowling Green voters is facing another challenge. Last week, the Wood County Board of Elections voted to allow the November ballot to include the charter amendment, which was petitioned for by people opposed to pipelines that could negatively affect the city. However, this week the charter amendment faces a new challenge. A Bowling Green resident, David W. Espen, has filed a protest with the board of elections about the charter amendment. Espen’s objections cite two possible problems with the charter amendment petition, according to Wood County Board of Elections Director Terry Burton. First, Espen claims the petition did not have a sufficient number of valid signatures. His complaint questions five specific signatures. Normally, that might not matter if a handful of signatures were found to be invalid. However, the pipeline petition had only one more signature than required to appear on the ballot. A total of 1,230 signatures were collected on the petition. By law, to make it on the ballot, the petition needed 714 valid signatures. It had 715. Second, Espen is challenging whether or not the charter amendment exceeds the city’s role allowed in the Ohio Constitution. The protest claims the issue goes beyond the limits permitted to municipalities, Burton said. A hearing is scheduled for Thursday morning at 8:30, in the fifth floor hearing room of the Wood County Office Building. Espen is being represented by the Columbus law firm McTigue & Colombo. The group supporting the…


Pipeline petition cleared to appear on BG ballot

By JAN LARSON McLAUGHLIN BG Independent News   The Wood County Board of Elections voted this morning to let Bowling Green voters decide the fate of a pipeline charter amendment. It may then be up to the courts to decide of the amendment is constitutional. The board voted with three in favor – John Cuckler, Dick Newlove and Mike Zickar. Mike Marsh recused himself since he is the city attorney for Bowling Green. “This board has traditionally, philosophically had a tendency to put things on the ballot and not keep them off,” Newlove said prior to the vote. After the vote, Newlove said a new state law (House Bill 463) does add some complexities to the process since it asks local entities to decide if ballot issues are constitutional. In this case, it charges the board to determine if the charter amendment is asking the city to give citizens rights that the city has no authority to give. “The new law does kind of put us in a difficult position,” Newlove said. “Our attitude was to let the voters decide.” Zickar agreed. “They did all of the work collecting signatures and meeting deadlines,” he said. “We wanted to let the people to decide.” Ultimately, however, it may be up the courts to decide if the charter amendment is constitutional. Prior to the decision this morning, citizen activist Lisa Kochheiser asked the board to let Bowling Green citizens vote on the issue. “I speak for the people of Bowling Green who want to protect their community from corporations, like Nexus pipeline,”…


Pipeline petition may – or may not – be booted from ballot

By JAN LARSON McLAUGHLIN BG Independent News   There may be more than enough valid petition signatures to get a pipeline issue on Bowling Green’s ballot this November. But it’s uncertain if voters will have a chance to weigh in, since the petition may have been filed late. The petition asks that a charter amendment be adopted in the city to prioritize people over pipelines. All within a matter of hours today, officials believed the petition was possibly out, then possibly in – with no clear resolution. The only certainty is that Ohio’s rules on petitioning to put an issue on the ballot are far too complicated. Petition organizers Lisa Kochheiser and Brad Holmes, president of the Environmental Action Group at Bowling Green State University, reported that more than 1,200 signatures were collected, with at least 714 valid signatures required to get the charter amendment on the ballot. Wednesday at 4 p.m. was the filing deadline for issues and candidates appearing on the general election in November. But the pipeline issue did not appear on the board of elections list. Bowling Green Assistant Municipal Administrator Joe Fawcett said this morning that the petition was not filed on Wednesday, because the Ohio Revised Code requires that a charter amendment petition be held at the city for 10 days prior to it being submitted to the board of elections. The petition was turned in to the city on July 31 at 2 p.m. Since the city is required to hold onto it for public viewing for 10 days, that meant the petition…