Loveland, Ohio – In a statement to the Loveland Community Heartbeat PAC today, Sherry Poland, the Director of the Hamilton County Board of Elections said, “On August 4, 2017, the Hamilton County Board of Elections received a petition for the recall election of Mark J. Fitzgerald, and an election of a successor. We have completed the review of the petitions and determined the petitions to be sufficient.”
Fitzgerald is the Mayor of Loveland and has two years remaining of his elected term of four years as a council member.
Poland said that if Fitzgerald does not resign within five days, an election will be held at the next general election on November 7. She also informed the community group that attorney Doug Holthus, on behalf of Mark J. Fitzgerald, has requested a protest hearing on the validity of the petitions and that the board has scheduled a Special Meeting on Friday, August 11th at 8:30 AM to hold a hearing.
Resident Neal Oury has collected signatures to run in the recall election against Fitzgerald, however, has not filed those petitions with the Board of Elections. He did, however, file a petition last week to seek one of the four-year-term open seats on council this fall. He told Loveland Magazine that if the recall petitions are certified, he will withdraw that petition and then file the signatures supporting his candidacy for the direct head-to-head vote against the Mayor.
This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association. It was prepared by Philip C. Richter, Executive Director of the Ohio Elections Commission.
Q: What is a recall election? A: Recall is a method that can be used to remove an official from a public office before the end of his or her term. A recall election is a right reserved to the people served by the official. It can only take place after a petition signed by the required number of qualified voters is certified.Q: Could an Ohio governor be removed through a recall election? A: No. Neither the Ohio constitution nor the Ohio Revised Code (ORC), Ohio’s collection of written laws, provide for recall elections for statewide offices. For this reason, Ohio voters cannot use recall to remove a governor.
Q: Can a city official be recalled in Ohio? A: Yes. The ORC provides that any elective officer of a municipality may be removed from office by qualified voters as long as that official has served at least one year of his or her term. Although state law allows cities to hold recall elections, any particular city’s charter may either allow or forbid such an election. The wording of the city charter determines whether recall is an option.
Q: Assuming a city’s charter allows it, how can a city official be recalled in Ohio? A: In Ohio, a petition must be signed by qualified voters. By law, the number of signatures required must equal at least 15 percent of the total votes cast at the most recent municipal election. In the petition, the voters demand that the city official in question be removed in favor of another official to be chosen by the voters in a recall election. This petition must be filed with the board of elections. If the board of elections finds the petition to be valid and the official in question does not resign from office within five days, then the lawmaking authority in that city may set a day for a recall election. The recall election is held 30 to 40 days after the petition is validated.
Q: Would I be voting for one person over another in a recall election, like in a regular election? A: No. You actually have two separate votes. The first vote asks you to decide, with a “yes” or “no” vote, whether you wish to remove the official from office. The second vote asks you to select, from a list of qualified candidates, a successor for that official. The second vote is considered only if the first vote results in the removal of the official. The official who voters are being asked to recall may not include his or her name as one of these candidates to be considered.
Q: How would a successor candidate qualify for the ballot? A: In a recall election, there is no primary election. Rather, a candidate who wants to replace the incumbent must file his or her intent to run for office with the board of elections at least 20 days before the special election. Each candidate must provide a petition with signatures equal to 10 percent of the total votes cast at the most recent regular municipal election. Call your local board of elections to get the exact number of signatures required.
Q: How many votes are needed to recall an official? A: If a majority of voters decide the official should be removed, then the official will be removed. Whoever is chosen to succeed the official will then hold office for the remainder of the recalled official’s unexpired term.
Q: If the official is not recalled, can he or she be compensated for recall election expenses? A: Yes. If the voters decide to keep the official in office after a recall election, that official is entitled to be repaid his or her actual and legitimate expenses from the city treasury, up to 50 percent of allowed campaign expenses for any regular city election.
Loveland, Ohio – Mayor Mark Fitzgerald’s Council term does not end until December 2, 2019, however about 2,054 signatures on a recall petition were delivered today to the Hamilton County Board of [quote_box_right]Loveland Recall History
Former Councilmember Todd Osborne said, “The last recall, the only recall, was in 1984. The city had sued HUD over Loveland Pines apartment complex. City council voted to end the lawsuit the day before the ruling, after spending $35,000. A recall petition went out and was certified by the Board of Election. The majority of Council was under recall. Ron Binegar, Roland Boike, John Munnis and John Banks. Binegar resigned but after the five day window. There was a lawsuit, which the petitioners won on appeal. Council had to establish an election date, which they refused to do for several meetings, including walking out without an adjournment. They had a special meeting at 7:25 AM to name the date. All three incumbents retained their seat.[/quote_box_right]Elections to end his term two years early. Members of the Loveland Community Heartbeat PAC (Political Action Committee) (LCHPAC) said the number of signatures is about twice the number of signatures required to get the recall initiative on the ballot this November.
In a press release issued last night, LCHPAC representative Halie Rebeccaschild said, “This has been a difficult time for Loveland residents. Walking every neighborhood in Loveland to collect signatures, we have seen firsthand not only the level of distrust and disappointment throughout the community but also the high level of awareness and engagement among Loveland residents.”
According to Sherry Poland, the Director of the Hamilton County Board of Elections, now that the petitions have been delivered, the Board will begin the process of verifying signatures. She said today that she is not yet positive of the total number of signatures that are required, but the process of determining the number will also begin. The City of Loveland is in three counties, Clermont, Hamilton, and Warren, and LCHPAC will need the signatures equal to 15% of the ballots cast in all three counties at the last Loveland Council election in 2015.
Poland said that if there are sufficient signatures, Fitzgerald will be notified and given five days to either resign his office or face the recall on November 7. She added that if Fitzgerald does resign, then the recall will not be on the Ballot.
If Fitzgerald does resign, council vacancies are filled by a majority of the six remaining Council members. If Council could not agree on a replacement, then Vice-Mayor Angie Settell, who would become Mayor, could appoint Fitzgerald’s replacement unilaterally. The new Councilmember would then have to run in November to retain their seat. Currently the seats of incumbents Pam Gross, Ted Phelps, Robert Weisgerber, and Stephen Zamagias will be on the ballot this fall. Fitzgerald’s resignation may open up a fifth open seat. A successful recall petition will also open up a fifth seat, but one that would be a head-to-head race against Fitzgerald. (Pleas see correction to this paragraph below.)*
If Fitzgerald does not resign, his name will appear on the fall ballot next to the name of anyone who petitions the Board to run against him. Resident Neal Oury has been calling for Fitzgerald’s resignation for several months and is currently collecting signatures to run head-to-head against the Mayor.
Fitzgerald has not acknowledged or responded to emails sent to his City and personal email accounts asking for comment. Fitzgerald was asked for his reaction of the petitions being delivered and of the recall effort in general. He was also asked if he would comment on any specific allegations made against him during the PAC’s signature gathering.
Fitzgerald was also asked if he sees the possibility of legal challenges to the recall petition, or the recall being on the November ballot. He did not respond.
Oury has already gathered more than 1,500 signatures and said he will wait to see the outcome of today’s petition submission before he will bring his own to the Board of Elections.
(This story was up-dated at 6:32 AM 7-22-17)
*CORRECTION:
Adopted Charter of the City of Loveland, Ohio
SEC. 2.03 FILLING OF VACANCIES.
Vacancies in the office of Council member shall be filled within thirty (30) days by vote of a majority of the remaining members of Council, by the selection of a person qualified as provided in Section 2.02 of this Charter. If Council fails to make a selection to fill such vacancy within thirty (30) days, the Mayor shall forthwith make the appointment. Such person so chosen shall serve the remainder of the unexpired term of the Council member whose vacancy he or she was appointed to fill. (11-5-91, 11-6-01)
![[BREAKING] Board of Elections gives Loveland Mayor 5 days to resign or face recall](https://lovelandmagazine.com/wp-content/uploads/2017/06/2017-election-graphic-100x65.jpg)
