County, state still at odds over ballot wording

By David Skolnick

YOUNGSTOWN — Mahoning County officials aren’t giving up their fight to get “renewal” in its sales-tax ballot language, but the Ohio Secretary of State’s office isn’t moving from its position that state law doesn’t permit the word’s use.

Members of the county board of elections certified the 0.5-percent, five-year sales tax, other issues and candidates Thursday for the May 4 primary. The sales-tax language hasn’t been written yet.

The proposed sales-tax language would be done well before the board of elections’ next meeting, Prosecutor Paul J. Gains said. That is next Thursday.

Gains said he and the commissioners want to use the same language on the November 2007 sales-tax ballot calling it a “renewal.” He also said the secretary of state gave written approval for the 2007 language.

But elections-board Director Thomas McCabe said that is incorrect.

There was a lot of correspondence with the secretary of state’s office on that ballot measure, McCabe said. But the office didn’t give written approval for the final language for the successful 2007 sales-tax issue that included “renewal” and complained about it after the vote, he said.

The secretary of state’s office is allowing the use of the term “continuation of an existing tax” but isn’t moving on the use of the word “renewal.”

“The laws of Ohio do not provide for the term ‘renewal’ in ballot language describing sales and use taxes,” wrote Michael Rankin, assistant secretary of state, in a letter to county officials.

“The secretary of state’s position has not changed,” said Jeff Ortega, a secretary-of- state spokesman. “‘Continuation’ and not ‘renewal’ is appropriate.”

The use of the word “renewal” is vital to the tax’s success at the ballot box in May, Gains said.

That word wasn’t included in a November 2009 sales-tax proposal for a continuing period of time — compared to May’s proposed five-year renewal — and that ballot measure failed. Gains said that he thinks that happened, in part, because the ballot language was unclear.

Gains contends that the local board of elections has the final say on the county sales-tax’s ballot language.

However, Ortega said all local tax issues must be reviewed by attorneys in the secretary of state’s office to make sure they comply with state law. If they don’t, the language is changed to comply, he said.

Also Thursday, the board of elections certified the May 3 ballot issues and candidates.

The only candidates thrown off the ballot were 19 political-party precinct-committee candidates.

Two of the candidates were disqualified because they aren’t registered voters; two others were tossed because they’re running in precincts in which they don’t live, and one was not permitted to run because his wife signed his name on his nominating petition. The others were disqualified for failing to sign petitions, lack of valid signatures on their petitions and incorrect dates on those documents.

Also, Joyce Kale-Pesta of Boardman, the elections board’s deputy director, withdrew as a Democratic candidate for 33rd District state-central committeewoman. She said she’s too busy to run.

That leaves incumbent Dorothy McLaughlin of Struthers and challenger Georgiann DeCenzo of Boardman as the only candidates. The person holding the position represents the 33rd Senate District area, which includes all of Mahoning County, at state Democratic Party meetings.

skolnick@vindy.com