Jan 03, 2025
NELSONVILLE, Ohio (WCMH) -- Despite ballot misprints, multiple lawsuits and legal uncertainty from the city, the residents of Nelsonville voted unprecedentedly to abolish its city charter and return to its 1994 form of government. The soon-to-be ousted Nelsonville government is taking the measure back to the courts. According to documents from the Ohio Supreme Court, Nelsonville's City Council filed another appeal in a lawsuit over the citizen-led ballot initiative to abolish the charter. The ordinance to abolish Nelsonville's governing document was placed on the ballot under guidelines to get something on the ballot outlined in the charter itself. The citizens behind the initiative argue that was perfectly legal, an opinion that has been upheld in three lower courts. Nelsonville's City Council disagrees, arguing the charter's laws cannot be used to dissolve the charter. See earlier coverage of Nelsonville's ballot initiative in the video player above. $450K for Ohio teacher who refused to use student pronouns "Can a constitution be abolished via ordinary legislative procedures?" Nelsonville's lawyers ask in the appeal to the Ohio Supreme Court. "The universal and long-standing understanding of American (and Ohio) law since our nation’s founding is 'No.'" The confusion comes from the unprecedented nature of the initiative. In Ohio, individual municipalities can implement their own charters through legislative measures outlined in state law. Ohio law also allows municipalities to dissolve their charters, but it does not give any instruction as to how to do so. The Supreme Court appeal was filed on Dec. 16 and approved at City Council the week before. Nelsonville Law Director Jonathon Robe, who filed the Supreme Court appeal, has long said he thinks clarity will need to come from the highest court in the state. Without that guidance, he said anyone on either side of the debate could challenge the election's outcome as unlawful and complicate a delicate government. As it awaits further action, Nelsonville's government is also tasked with setting up its successor. The new form of government is scheduled to go into effect Jan. 1, 2026, but the timeline to create a smooth transition spans only months. Candidates for the new form of government will need to be submitted to the Athens County Board of Elections by Aug. 6.
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