Ohio Supreme Court denies North Canton's request to put levies on May ballot

The Ohio Supreme Court on Friday denied North Canton's request to force the Stark County Board of Elections to put two city levies on the May 2 primary ballot.

The Board of Elections last month rejected two replacement and increase levies for storm sewers and roads. Stark County Assistant Prosecuting Attorney Deborah Dawson recommended the board reject North Canton's proposed levies, advising that state law typically does not allow for the replacement of property tax levies to appear on the ballot until the year in which the existing levies expire.

North Canton's current road and storm sewer levies expire in 2024.

The city asked the Ohio Supreme Court to require the Board of Elections place the levies on the ballot following the board's decision not to certify them. But the court denied the request, arguing North Canton council "failed to show a clear right" to have the levies on the ballot.

"The (Stark County Board of Elections) did not abuse its discretion or act contrary to law in rejecting the placement of those proposed levies on the ballot, because the proposed levies may not be presented to North Canton voters as 'renewal' levies before the November 2024 election," the Ohio Supreme Court opinion says.

North Canton argued that while Ohio law generally does not allow for a replacement levy to appear on the ballot before the existing levy expires, the city's proposed storm sewer and road levies fell under an exception that permits renewal and replacement levies for "public assistance, human or social services, relief, welfare, hospitalization, health, and support of general hospitals" to be placed on the ballot any time.

Dawson disagreed with the city and said North Canton did not mention that section of the law in the levy resolutions approved by council in January. North Canton council passed new resolutions citing the law on Feb. 7, but that came after the Feb. 1 filing deadline for the May election.

The Ohio Supreme Court ruled North Canton's proposed levies did not fall under the state exemption because the funds would not be for the purpose of supplementing the general fund, a requirement for levies to meet this exemption.

"We need not decide what the terms 'public assistance,' 'relief,' and 'health' mean in R.C. 5705.191, because the council’s argument fails regardless of the meanings of those terms. ... In this case, neither of the existing levies was imposed to supplement the general fund for any of the purposes identified in R.C. 5705.25(A)(2)," the opinion says.

"We made all our arguments in the brief, and I think the Supreme Court recognized one of those arguments, and that's what they based their decision on," Dawson said.

North Canton Law Director Wayne Boyer said the city respects the Ohio Supreme Court's decision, despite being disappointed and disagreeing with it.

He said North Canton appreciated the court for acknowledging City Council's authority to sue in the matter. The Board of Elections had argued the court should deny North Canton council's request because council is not capable of suing. The Ohio Supreme Court disagreed, arguing council had statutory authority to bring the suit forward.

"We appreciate all of the parties throughout the process," Boyer said. "We appreciate the court. We appreciate the interactions we had with the Board of Elections. It was very professional. And then ultimately while (it's) a disappointing decision, we will move on, and as the city, we will figure out how to deal with the issues that were going to be raised in these levies moving forward when they are eligible to be put on, pursuant to the court's decision."

Reach Paige at 330-580-8577, pmbennett@gannett.com or on Twitter @paigembenn.

This article originally appeared on The Repository: Ohio Supreme Court denies request to put North Canton levies on ballot