The many legal opinions of the City of Dayton on petitions

Without doing the in-depth legal analysis of where the City is not only wrong- but dead wrong in its adherence to the Charter, I’m providing you with a PDF including 6 different opinions on the issues of ballot access.

It’s funny- that somethings have to be filled out just right- somethings require “substantial compliance” and must be followed to the T- and others, well- they are up for interpretation because they pose “No detriment.”

So how you fill out the part about what election you are circulating- can be “Primary”, “General”, “Regular” or “Dayton” – but any change to the “nominating committee” – a list of 5 names that have zero meaning unless you die, and requires ZERO verification if the named people actually agree and comply- is fatal.

There is also the mandatory filling out of the Date of Signing- yet, no one seems to care that the clearly marked fields for “Ward” and “PCT” are ignored and not necessary. The language in two places saying signature is absolute- while the form asks for “NAME”- not “signature”on the form.  EVERY OTHER GOVERNMENT FORM says “NAME” when they want you to print your name legibly- and has a separate box for a “SIGNATURE”- in fact, after so many names have been thrown out- why haven’t the forms been redesigned to have a PRINTED NAME, SIGNATURE,  STREET ADDRESS, DATE format?

The following PDF has letters from:

  1. Joshua A. Kimsey, Elections Counsel for Jennifer Brunner , Ohio Secretary of State on Arpil 24, 2009 to Lorena M. Kelley about why write-in candidacy is illegal in Dayton. Dated April 24 2009
  2. John J. Danish, City Attorney to Steven P Hasman of the Board of Elections about where the signer and the residency don’t coincide dated Mar 6, 2009
  3. Patrick J Bonfioeld Law Director for the city to Steve Harsman of the BOE about Write in Candidacy on April 17, 2007
  4. John J Danish for J. Rita McNeil Director of Law to Ms. Lynda Hohnhorst director BOE about validity of petitions, dated Mar 9, 1999
  5. J Anthony Sawyer to Ms. Lynda Hohnhorst director BOE concerning the confusion on the blanks- Dated Feb 25, 1997
  6. John J. Danish, City Attorney to Steven P Hasman of the Board of Elections concerning verification of nominating committee, identifying what office is sought, candidates address, alterations and limits on the number of signatures submitted: Mar 9 2009

City of Dayton legal opinions on Petitions PDF

We are still collecting donations to fund the lawsuit to bring the City Charter into compliance with State and Federal law so that the right to petition government and to gain access to the ballot isn’t restricted. Please consider donating:

http://electesrati.com/index.php?option=com_civicrm&task=civicrm/contribute/transact&reset=1&id=5&widgetID=1

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1 Response

  1. Mr K March 10, 2011 / 3:25 pm
    The court of public opinion should be easy to win on the required signatures issue.  The city of dayton required 500 signatures 40 years ago when the population was 300,000.  If the population is now 140,000 a requirement of 250 signatures would be more than fair.

    Brilliant or Bozo? Thumb up 2 Thumb down 0

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