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

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