Tue Feb 09 2010
by Amanda Harnocz
Reporter
Tallmadge -- Tallmadge's school levy passed by 270 votes, but it would only take 25 signatures for those upset with the Summit County ballot shortage Nov. 3 to contest the election results, according to state laws.
Ohio Secretary of State Assistant Director of Communications Jeff Ortega said Nov. 19 he's had "a few inquiries about the process" since Nov. 3.
Although "Ohio law does not allow a re-vote for any reason, a qualified elector [registered voter] can bring judicial action through a contest of election," he said.
According to state law, those who wish to file the petition must have "voted at the last election 'for' or 'against' ... the issue being contested."
The Summit County and Portage County election results will be certified and made official Nov. 24, unless judicial action is taken.
Ortega said if action is taken, the results "can be set aside."
Ohio law states that if a petition is filed, "contests shall be heard and determined by a judge of the court of common pleas of the county in which the contest arose."
In Summit County, 3,779 voted "for" Issue 51, a 6.9-mill emergency operating levy, and 3,574 voted against it, according to final but unofficial results from the Summit County Board of Elections.
In Portage County, 99 voters were "for" the levy and 34 were "against" it, according to the final but unofficial results from the Portage County Board of Elections.
In both counties, 3,878 were voted "for" the levy and 3,608 were "against" it.
Ballots were needed in various districts across Summit County Nov. 3, but in Tallmadge, the Summit County Board of Elections estimates they were 251 ballots short.
If all 251 ballots were filled out "against" Tallmadge's Issue 51, the levy would have passed by 19 votes, which would have triggered an automatic recount.
The difference must be half of 1 percent of the total vote for a recount, according to the Summit County Board of Elections. In this instance, half of 1 percent of 7,486 is 37 votes.
If all 251 ballots were cast "for" Issue 51, it would have passed by 521 votes.
For more information on the process to contest the election, Ortega said it is outlined in Ohio Revised Codes 3515.08 through 3515.16.
State election reform bill passed
Because of the ballot shortage, Ohio Rep. Mike Moran (D-Hudson) made an amendment to House Bill 260 which provides for a minimum of extra ballots on site at Ohio polling places that use optical scanners, according to Ohio House Democratic Spokesperson Keary McCarthy.
The election reform bill was passed by the House Nov. 18, he said. It will now go to the state Senate for a vote.
Board of Elections Director Marijean Donofrio previously said the proper, lawful number of ballots was on hand at the Summit County polling places and the reason for the shortage was from an unexpected voter turnout, possibly because of nice weather Nov. 3 and major local and state issues on the ballot.
Voters who were in line by 7:30 p.m., when the polls closed, were told they could vote as soon as ballots were received at the respective polling places, said Donofrio, adding voters did not need to wait at the polling place -- they could stay or come back.
With Moran's provision on House Bill 260, there will be extra ballots already at the polling locations during the next election, if passed by the state Senate.
"This will never happen again," Donofrio said Nov. 8.
E-mail: aharnocz@recordpub.com
Phone: 330-686-3911
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