Athens County Board of Elections 15 South Court St., Room 130 Athens, Ohio (740)

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1 Helen Walker Chair Debra L. Quivey Director Penny L. Brooks Deputy Director Athens County Board of Elections 15 South Court St., Room 130 Athens, Ohio (740) Fax (740) Aundrea S. Carpenter-Colvin Member Kate McGucldn Member Kenneth E. Ryan Member July 27, 2016 To: Ohio Secretary of State, Jon Husted Re: Protest Dear Secretary of State Husted, Please find enclosed a protest that was filed in our office on July 25, The protest is in reference to the Athens County Board of Elections decision to not allow a petition for a proposed county charter to appear on the November 8, 2016, General Election ballot. Sincerely, Debbie Quivey Director Athens County Board of Elections

2 RECEIVED July 25, 2016 JUL Hon. Jon Husted, Secretary of State State of Ohio c/ o Athens County Board of Elections 15 S. Court St., #130 Athens, OH Delivered via hand-delivery ATHEN COUNTY BOARD OF ELECTIONS RE: Filing of O.R.C protest against Board of Elections decision to exclude proposed Athens County Charter from November 8, 2016 election ballot Dear Athens County Board of Elections and Secretary of State Husted: Pursuant to O.R.C (B), we, the committee of petitioners for the proposed "Charter of the County of Athens, Ohio11 ("Charter Proposal11 or "Petition11), hereby lodge with the Athens County Board of Elections the following protest of the Board of Elections' rejection of said Charter Proposal from placement on the November 8, 2016 general election ballot. We are filing this protest well ahead vf the legal deadline for qoing so. We ask that the Board of Elections forward this protest to Secretary of State Husted immediately and not wait until the last day to do so under O.R.C The particulars of our protest follow. I. Background On Friday, July 8, 2016, the Athens County Board of Elections voted 4-0 against certifying the proposed "Charter of the County of Athens, Ohio11 on the November 8, 2016 general election ballot. The committee of petitioners had submitted over 2,300 signatures. In excess of 1, 700 were certified as valid, while only 1,440 were required, thus there were adequate signatures to certify the proposal to the ballot. Following the July 8 meeting, the Athens County Board of Elections notified the Athens County Commissioners via a letter dated July 8, 2016 that the Board had determined the Petition to be invalid. That letter is attached to this Protest. In it, the Board stated: Page 1 of 15

3 Upon review and in consultation with the Athens Comity Prosecutor we find that the petition is not a valid charter. It does not alter the form of government in Athens County. It does not take the powers of the municipalities and townships and vest those powers with the county. It relies on the Revised Code to determine qualifications and salaries of elected officials. II. Petitioners' Responses to BOE Rationales for Rejection Taking these criticisms seriatim, it is evident that the Athens County Prosecutor and/or the Board of Elections are wrong about the facts of what the Petition contains and surprisingly skewed in their interpretation of what a Charter Proposal must include:! "Does not alter the fo rm of government in Athens County." There is no requirement that the "form" of government be changed in order to enact a Charter. The Prosecutor and/or Board of Elections appear to have misread the law; they have confused a "charter form of government" with an "alternative form of government", when in fact these are completely separate alternatives. Art. X, 3, and O.R.C. Chapter 302 provide two distinct alternative means of structuring county government. Article X of the Constitution does not require a change in the form of county government merely so that the citizens of Athens County may enact a Charter. Article X, 3 is explicit: The people of any county may frame and adopt or amend a charter as provided in this article but the right of the initiative and referendum is reserved to the people of each county on all matters which such county may now or hereafter be authorized to control by legislative action. Every such charter.shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election. As explained in detail below, the Petitioners included more information on the form of government in the Charter Proposal than is required by the law. But the essential point is, nowhere does the Ohio Constitution require the alteration of the form of government or the creation of a new county executive position. There is no mandate that the form of the county government be changed at all, so long as the form of government is delineated in the Charter. No change from the existing form of government is necessary as a prerequisite for the citizens to initiate and pass the Charter Proposal. Page 2 of 15

4 This precept is consistent with the actual wording of O.R.C , which sets forth a completely different procedure and is at odds with what the Board of Elections wants the statute to mean. Even the title assigned to the statute makes the point: "Electors may adopt alternative form of county government." Section , contrary to the beliefs of the Prosecutor and Board of Elections, actually says: The electors of any county may adopt an alternative form of county government authorized by the provisions of sections to , inclusive, of the Revised Code. Upon adoption as provided by such sections, said alternative form of government shall take the place of the form of government then existing in such county and the provisions of sections to , inclusive, of the Revised Code, applicable to the adopted alternative form of government shall be controlling in such county as to all matters to which they relate, and other provisions of the general laws of the state shall be operative therein only insofar as they are not inconsistent with the aforesaid provisions. (Emphasis added). It is accepted that "[t]he word 'may' connotes discretion." Thomas v. Thomas, hio-2136, 03AP1106, 04-LW-1828 (10t h ); Coleman Young Motors, Inc. F. Limbach, 51 Ohio App.3d 117, 121, 554 N.E.2d 1349 (11t h Dist. 1988). Moreover, the enactment of the Charter Proposal will change the form of Athens County government in significant ways. In fhe "Preamble" to the Chcirter Proposal, citizens assert that "we form this Charter so that the people in all incorporated and unincorporated parts of the county may exercise all reserved powers including, but not limited to, those vested by the Constitution and laws of Ohio in home rule municipalities..." Article I of the Charter Proposal extends an unprecedented bill of rights to citizens of all of Athens County, which becomes enforceable as local, legislated law throughout Athens County. The Charter Proposal would empower the Commissioners to legislate and to enforce legislation pass2d by them in the unincorporated parts of the County. Citizens throughout the County would acquire the rights of initiative and referendum by operation of the Constitution, which is a right that does not presently exist. Initiative and referendum would extend to the people a vital accountability mechanism and opportunity for greater democratic participation in county affairs. Local initiative and referendum would make citizens co-legislators along with the Athens County Commissioners.! Charter Proposal "does not take the powers of the municipalities and townships and vest those powers with the county." This criticism is another obvious misread. The Board of Elections chastises the petitioners for declining to exercise an option - and an option is not Page 3 of l5

5 a mandate. Art. X, 3 states that Any such charter may provide for the concurrent or exclusive exercise by the county, in all or in part of its area, of all or of any designated powers vested by the constitution or laws of Ohio in municipalities; it may provide for the organization of the county as a municipal corporation; and in any such case it may provide for the succession by the county to the rights, properties, and obligations of municipalities and townships therein incident to the municipal power so vested in the county, and for the division of the county into districts for purposes of administration or of taxation or of both. (Emphasis added). The word "may" implies discretion. See, e.g., Creed v. Sauline, 74 Ohio St.3d 402, (1996). Consequently, the committee of petitioners chose, within the exercise of lawful discretion, to include the following terms and conditions as 1.6 and 3.2 of the proposed charter. Those sections of the Charter vest concurrent, but not exclusive, exercise of municipal and township powers with the Athens County government, which is permissible according to the Consti'.:ution: Section 1.6 Right to Municipal Autonomy The people of every municipality (incorporated City, Village, and Township) in the County of Athens have and shall retain the right of local community self-government in their municipality and other rights as secured by this Charter. This Charter, and laws enacted pursuant to it, shall not preempt the exercise of political power by the people within any municipality in the County, and in case of conflict between the exercise of powers secured by this Charter and the exercise of powers by people of municipalities, the powers of the people of the municipalit<; shall prevail within its jurisdiction. ***** ***** ***** Section 3.2 Powers Limited This Charter does not empower the County to exercise exclusively any municipal powers nor to provide for the succession by the County to any property or obligation of any municipality or township without the consent of the legislative authority of such municipality or township or the vote of the people of such municipality or township as expressed through their initiative power. In case of conflict between the exercise of powers granted by this Charter and the exercise of powers by municipalities or townships granted by the Constitution or general law, the exercise of powers by the municipalit<; or township shall prevail. The County shall have power to levy only those taxes that counties are Page 4 of 15

6 by general law authorized to levy. (Emphasis added).! Charter Proposal "relies on the Revised Code to determine qualifications and salaries of elected officials." This, too, is a rote assertion which is belied by considerable facts. In State ex rel. Walker v. Husted, 144 Ohio St.3d 361, 43 N.E.3d 419, hio-3749 (2015), the county charter proposals at issue contained the following paragraph as the complete description of the "form of government:" The offices and duties of those offices, as well as the manner of election to and removal from County offices, and every other aspect of county government not prescribed by this Charter, or by amendments to it, shall be continued without interruption or change in accord with the Ohio Constitution and the laws of Ohio that are in force at the time of the adoption of this Charter and as they may subsequently be modified or amended. Id. at if23. By contrast, the 2016 Charter Proposal contains the following seven (7) pages of provisions to describe the form of the Athens County government. The material quoted below is reproduced straight from the "Article IV Form of Government and Elections" section of the Charter Proposal: Section 4.1 Charter Authority This Charter is enacted pursuant to the Ohio Constitution's Home Rule provision cf Article X Section 3, anq hereby exercises the people's right and power to form a County Charter government. (This Charter does not form an "alternative" form under the general law, Section 302). Section 4.2 The County Commission The County Commission shall be composed of three (3) at large members who shall be elected to fulfill the following responsibilities. Section Election of County Commissioners The County Commissioners shall be elected to four year terms that will commence on the following days, (1) January 2, 2017, (2) January 3, 2017, and (3) January 1, The incumbents who currently hold appointments in these terms, shall remain until the expiration of their current term. Candidates that are running for the Commissioner openings concurrent with this Charter, shall assume the role in accordance with this Charter. Any candidate for election as County Page 5 of 15

7 Commissioner shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy, shall be nominated and elected in the manner provided by general law for county officers, and shall not hold or accept other public office. Section County Commissioner Compensation The salary of the County Commissioners shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Com.missioner The County Commissioners shall have those powers and duties as responsible for the day-to-day running of the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. If there is a conflict between this Charter and general laws, the duties of this Charter shall prevail. Such powers and duties include, but are not limited to, the following: To fulfill the oath of office of County Commissioners by enforcing the rights of the people and nature secured by this Charter To ensure the health, safety and welfare of the people and nature of Athens County and to prevent the violation of those rights by enacting and enforcing local laws for this purpose To appoint, hire, suspend, discipline and remove all county personnel except thosf' who are elected or who, as provided by general law, are under the jurisdiction of elected or other officers, boards, agencies, commissions and authorities of a county other than the Board of County Commissioners To appoint officers and members of boards, agencies, commissions and authorities as may hereafter be created pursuant to this Charter. No such appointment shall be effective until confirmed. by a majority of the full County Ccmmission. The County Commission appointees shall reflect the diversity of the people of the County To appoint and provide for the compensation and duties of the County Clerk and such other assistants as the County Commission determines to be necessary for the efficient performance of its duties To establish departments, and divisions and sections within departments, and such boards, agencies, commissions, and authorities as the County Commission determines to be necessary for the efficient administration of the County To adopt and amend the annual tax budget, the operating budget and the capital improvements program and to make Page 6 of 15

8 appropriations for the County; however, County Commission shall not have the power to levy and/or increase taxes unless approved by a majority of the electors of the County at a primary or general election, in accordance with general laws To determine which officers and employees shall give bond and to fix the amount and form thereof, provided that no bond requirement shall change during an elected official's term. Section Organization, Rules and Procedures On the first Monday of each year which is not a legal holiday, the County Commission shall organ:ze by electing one of its members as President for terms of one year. The President shall preside at all meetings of the County Commission The County Commission shall determine its own rules and order of business. This shall include a schedule for regularly scheduled sessions ("Regular"). While the Commission may undertake special sessions outside of the Regular sessions, such special sessions shall be announced 48 hours in advance by publication in social media sites and the newspapers of the county. The County Clerk shall keep and make available for public inspection at all reasonable times a record of all proceedings of the County Commission, recording each member's vote on an ordinance or resolution All legislative action shall be by ordinance introduced in written or printed form. Each ordinance shall contain no more than one subject which shall be clearly expressed in its title No ordinance, except those of a mandatory ministerial nature, pursuant to citizen initiative, referendum, recall and Charter Amendment, shall be passed by County Commission until it has been read, which may be by title only, at three different Regular County Commission meetings No action of the County Commission shall be valid or binding unless adopted by the affirmative vote of at least a majority of the members of the County Commission. Once each ordinance is approved by the Commission, the Commission President shall sign the ordinance Each ordinance shall take effect upon enactment unless otherwise specified in the measure. Section 4.3 The County Auditor The County Auditor shall be the accounting am processing authority of the County. Section Election of County Auditor The County Auditor shall be Page 7 of 15

9 elected quadrennially, commencing their term on the second Monday in March after their election. The incumbent, who currently holds this position, shall remain until the expiration of their term. The Auditor candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Auditor, (2) be nominated (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, ( 4) be elected in the manner provided by general law for county officers. Any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Auditor shall not hold other public office and shall complete 24 hours of continuing education hours during the term, with 16 hours during the first year of the term. Section County Auditor Compensation The salary of the County Auditor shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Auditor The County Auditor shall have those powers and duties as responsible for the day-to-day accounting of transactions for the County government under his or her jurisdiction and control, in accordance with general law. Section 4.4 The County Treasurer The County Treasurer shall be the county authority for means of processing and securing and managing County funds. Section Election of County Treasurer The County Treasurer shall be elected quadrennially, commencing their term on the first Monday in September after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Treasurer candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Treasurer, (2) be nominated, (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, ( 4) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Treasurer shall not hold other public office. Section County Treasurer Compensation The salary of the County Treasurer shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Treasurer The County Treasurer shall have those powers and duties as responsible for the day-today obtaining and securing county funds under his or her jurisdiction and control, in accordance with general law. Page 8 of 15

10 Section 4.5 The Prosecuting Attorney The County Prosecuting Attorney shall be responsible for legal guidance and prosecuting authority of the County. Section Election of County Prosecuting Attorney The County Prosecuting Attorney shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Prosecuting Attorney candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Prosecuting Attorney, (2) be licensed to practice law in the State of Ohio, (3) not be a member of the general assembly of this state or mayor of a municipal corporation, ( 4) be nominated (5) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, (6) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Prosecuting Attorney shall not hold other public office. Section County Prosecuting Attorney Compensation The salary of the County Prosecuting Attorney shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Prosecuting Attorney The County Prosecuting Attorney shall have those powers and duties as responsible for the prosecution of all complaints, suits and controversies in which the state is a party in the County, in accordance with general law. Section 4.6 The County Engineer The County Engineer shall be the professional engineering authority of the County. Section Election of County Engineer The County Engineer shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Engineer candidates shall (1) possess the same qualifications set forth under the General Laws of the State of Ohio for the county offices of Engineer, (2) be a registered professional engineer and a registered surveyor, licensed to practice in this state, (3) be nominated (4) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, (5) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Chaiier terms shall prevail. During the entire term, the County Page 9 of 15

11 Engineer shall not hold other public office. Section County Engineer Compensation The salary of the County Engineer shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Engineer The County Engineer shall have those powers and duties as responsible for the day-today questions of engineering or surveying of the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. Section 4.7 The County Recorder The County Recorder shall maintain all county records. Section Election of County Recorder The County Recorder shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Recorder candidates shall (1) possess the same qualifications set forth under the General La vvs of the State of Ohio fqr the county offices of Recorder, (2) be nominated (3) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and, ( 4) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Recorder shall not hold other public office. If newly elected for a full term, the Recorder shall complete at least 15 hours of continuing education during the first year of the term and at least 8 hours each subsequent year of the term in continuing education hours. Section County Recorder Compensation The salary of the County Recorder shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Recorder The County Recorder shall have those poy.1ers and duties as responsible for the day-today county record keeping of County information under his or her jurisdiction and control, in accordance with general law. Section 4.8 The County Coroner The County Coroner or a deputy shall be responsible for medical records and investigations in the county. Section Election of County Coroner The County Coroner shall be elected quadrennially, commencing their term on the first Monday in Jam:tary after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The Coroner candidates shall (1) possess the same qualifications set Page I 0 of 15

12 forth under the General Laws of the State of Ohio for the county offices of Coroner, (2) be a licensed physician in the state for at least 2 years prior to commencing the term, (3) if a newly elected coroner, after the general election but prior to commencing the term of office to which elected, shall attend and successfully complete sixteen hours of continuing education at programs sponsored by the Ohio state coroners association, ( 4) be nominated (5) shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy and (6) be elected in the manner provided by general law for county officers. If there is any conflict between these requirements and the General Laws, the Charter terms shall prevail. During the entire term, the County Coroner shall not hold other public office and during the term must attend and complete 32 hours of continuing education at programs sponsored by the Ohio state coroners association, with 24 of those hours at statewide meetings and 8 at regional meetings. Section County Coroner Compensation The salary of the County Coroner shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Coroner The County Coroner shall have those powers and duties as responsible for the day-to-day running of the medical, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. Section 4. 9 The County Sheriff The County Sheriff shall be peace keeping authority of the County. Section Election of County Sheriff The County Sheriff shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position in accordance with this Charter. The candidate for Sheriff shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy. The Sheriff candidates shall meet the requirements created by the county commissioners, provided that such requirements will at least meet those uf general laws in 0 RC 311. During the entire term, the County Sheriff shall not hold other public office. Section County Sheriff Compensation The salary of the County Sheriff shall be in accordance with ORC as may be amended. Section Powers and Duties of the County Sheriff The County Sheriff shall have those powers and duties as responsible for keeping the peace in the departments, offices and agencies of County government under his or her Page 11 of 15

13 jurisdiction and control, in accordance with general law. Section 4.10 The Clerk of Courts The Clerk of Courts shall be court record keeping authority of the County. Section Election of Clerk of Courts The Clerk of Courts shall be elected quadrennially, commencing their term on the first Monday in January after their election. The candidate who wins the election concurrent with the adoption of this Charter, shall assume the position.in accordance with this Charter. The Clerk of Courts candidates shall meet the requirements created by the county commissioners, provided that such requirements will at least meet those of general laws and shall be, and remain for the entire term, an elector of the County at the time of filing the declaration of candidacy. During the entire term, the Clerk of Courts shall not hold other public office. Section Clerk of Courts Compensation The salary of the Clerk of Courts shall be in accordance with ORC , as may be amended. Section Powers and Duties of the Clerk of Courts The Clerk of Courts shall have those powers and duties as responsible for keeping the court records in the departments, offices and agencies of County government under his or her jurisdiction and control, in accordance with general law. It is evident that there is a vast difference between the 2015 proposed "form of government" description, which was one paragraph "incorporating by reference" the form of government, and the form of government set forth in the 2016 Athens Charter Proposal. The 2016 Proposal contains a detailed listing of county elected officials, length of elective terms, duties, and compensation. The Board of Elections' assertion that the 2016 Charter Proposal "relies on the Revised Code to determine qualifications and salaries of elected officials" is a true statement, but does not support the adverse vote in the slightest. That's because Article X, 3 of the Ohio Constitution does not require public officeholder qualifications and salaries to be components of a charter proposal, but only obligates a description of the form the county government would have after adoption of a charterdefined government. Thus by providing officeholder qualifications and compensation terms in the Charter Proposal at all, the Petitioners have exceeded the minimum constitutional requirements for describing the "form of government." Neither of the two existing charters in Ohio, in Summit and Cuyahoga counties, specifies salaries and qualifications for all elected officials. They do so only for the new offices which were created by their charters. The Ohio Supreme Court ruled last year in Walker that a general reference to the Page 12 of 15

14 offices and duties of those offices, followed by a general incorporation by reference of the Ohio Revised Code into that section of the charter, forced one to "look to sources outside the proposed charters to determine the form of government they purport to establish, and therefore they do not satisfy the legal prerequisites." Id. at 23. The 2016 Charter Proposal is considerably more detailed in its form of government description, and to round out the descriptions of the offices, refers to explicit O.R.C. sections to complete them. And in addition to the specific titles of office holders, lengths of elected terms, duties, compensation and other information, the Charter Proposal contains an additional requirement which does not appear in the Ohio Revised Code, namely, in-county residency for those officeholders. The Supreme Court's analysis for deciding whether a Charter Proposal is "valid" concerning the "form of government" it advocates is direct and utilitarian: is there an identifiable form of county government expressed within the four corners of the petition papers? Applying that standard, the answer is affirmative: the Athens County Charter Proposal presents a comprehensive delineation of county offices. Once answered affirmatively, the BO E's inquiry is at an end because validity is thereby established. To get, instead, to "no," the BOE had to ignore the express and voluminous descriptive wording in the Petition and further, to deny the obvious discretion expressly granted the Petitioners by Ohio Const. Art. X, 3 and O.R.C. Chapter to propose an alternative form of government, or not. The Athens County BOE effectively insists that the Petitioners' discretion be exercised as the BOE ostensibly desires. But "[t]his authority to determine whether a ballot measure falls within the scope of the constitutional power of referendum (or initiative) does not permit election officials to sit as arbiters of the legality or constitutionality of a ballot measure's substantive terms." State ex rel. Walker v. Husted, supra, 15. The substantive limitation is "that the board of elections has no power to determine that an issue should not be placed on the ballot because if passed it would be unconstitutional or otherwise illegal." Id., quoting from State ex rel. Schultz v. Cuyahoga Cty. Bd. of Elections, 50 Ohio App.2d 1, 5-6, 361t.E.2d 477 (8t11 Dist.19 76). This fundamental distinction and separation between the concepts of county charter and an alternative form of government are explicated in the Ohio County Commissioners Handbook.1 The Handbook reinforces Petitioners' arguments. Section 2.21 states There are two primary differences between a county charter government 1http:// Page 13 of 15

15 and an alternative form of county government. First, an alternative form adopted under current law does not permit the abolishment of any county elected official, as is possible under a charter. Second, and unlike a charter which has almost total flexibility as to content, the alternative form law is quite specific and is thus more limited in scope. The alternative form of county government law (ORC Chapter 302) was adopted by the General Assembly in 1961 (HB 855). There have been only sporadic attempts to enact this form of government since that time, most recently in De laware County in No county now operates under an alternative form of county government. The law indisputably allows retention of the existing officeholder structure of county government, without any requirement that the governmental model set out in Chapter 302 become the county government structure. O.R.C. Chapter 302 is very explicit and targeted. The point is, passage of a charter does not obligate invocation of an alternative form of government at all. The Handbook notes that neither Summit County nor Cuyahoga County - the two current charter counties - have followed Chapter 302 in the statement that "No county now operates under an alternative form of government." Id Charter proposals and alternative forms of government are separate, unrelated options available to people interested in governmental reform; they are not interdependent obligations, no matter what the Athens County Board of Elections or County Prosecutor insist to be the case. III. Conclusion The criticisms on which the Athens County Board of Elections relies to justify its rejection of the Petition from the ballot exceed the limits of the petition validity inquiry set by the Supreme Court in Walker. They should not be sustained by the Secretary of State. We respectfully request that the Secretary of State reverse the 4-0 ruling of the Athens County Board of Elections and return the matter to the BOE with instructions to immediately notify the Athens County Commissioners to certify the Charter Proposal to the November 8, 2016 general election ballot, and to take all necessary steps to ensure that the Charter Proposal appears on the November 8, 2016 ballot. Page 14 of 15

16 Respectfully submitted, The Athens County Committee of Petitioners Virginia L. Coover Shade Rd. Guysville, OH Ri chard Mc Ginn 44 Graham Drive Athens, OH John Howell 7745 Clarks Chapel Lane Athens, OH Mi chael H. Rowe 24 Briarwood Dr ive Athens, OH Sally Jo Wiley 3050 Glen Firman Drive Albany, Ohio Page 15 of J 5