August 24, 2018 Update: Board of Elections Vote Tied – Ohio Secretary of State’s Office Will Cast The Deciding Vote As To Whether the Proposed Green Space Ordinance is On or Off the Ballot

This morning, the Board of Elections held a hearing on the City’s protest to determine whether the Proposed Ordinance would be on or off the November ballot.  The vote by the Board was tied 2-2.

The Committee supporting the Proposed Ordinance requested that Brad Sinnott, 1 of the 4 voting members of the Board of Elections, recuse himself from voting.  Sinnott is an attorney with the law firm of Vorys, Sater, Seymour and Pease, the same law firm that represents the owners of 980 and 1000 Elmwood in their applications for a lot split and BZA aesthetic review approval and who oppose the Proposed Ordinance.

Sinnott refused to recuse himself stating, in essence, that there was no conflict and he could remain impartial as a voting member of the Board.  Sinnott and Board Member Doug Preisse then voted against putting the Proposed Ordinance on the ballot. Board Members Kimberly E. Marinello and Michael E. Sexton voted to put the Proposed Ordinance on the ballot.

When the Board’s vote is tied, the Ohio Secretary of State casts the deciding vote.  The members of the Board of Elections will present their respective positions to the Secretary of State’s Office within 14 days. At that point, the Ohio Secretary of State will issue a decision.  That decision is appealable to the Supreme Court of Ohio by either the City or the Committee supporting the Proposed Ordinance.