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Mayor’s Attorney Protests Recall
by Frank Lewis
17 months ago | 3201 views | 12 12 comments | 29 29 recommendations | email to a friend | print
Attorney Corey Columbo of the McTigue Law Group, specifically McTigue and McGinnis, has filed a protest with the Scioto County Board of Elections concerning the petitions for the recall of Portsmouth Mayor Jane Murray.

At Monday’s Board of Elections Meeting, Columbo presented a letter sent to Teresa Knittel, Director, of the BOE, in which he cited 15 grounds for protest.

Issues concerning the petitions include failure to contain a statement by the circulator indicating the number of signatures on the part-petition as required by the City Charter and the Ohio Revised Code; Petitions were improperly notarized, in that there is no notary seal on many of the petitions; no expiration date for notary’s commission; that the notary is the City Clerk of the city of Portsmouth who is responsible under Section 28 of the Charter for determining whether the part-petitions are properly attested, which includes the jurat that she completed as notary, which the protest says creates a clear conflict; A clear conflict is cited by Columbo in the fact that City Clerk JoAnn Aeh notarized a petition with her son’s signature. Signatures dated after the date of the circulator’s sworn affadavit and individual issues with individual petition pages were included in the formal protest.

While the board voted to place the recall on the November ballot, they also plan to hold a protest hearing in the next few days.

Columbo said the hearings are usually held within a week of filing to give both sides the opportunity to gather evidence.

The Board’s legal representative, Chad Sayre of the Scioto County Prosecutor’s office, said he would study the rules for such a meeting as well as meet with Columbo to go over his points of protest.

“The protest of recall petitions is unfamiliar to me, and it is something I need to advise the Board on after conducting some research,” Sayre said. “At first glance it is fueled by City Charter, similar to what we get from the townships on a tax levy. Mr. Columbo has agreed to share with me case law that he has, and we can take a deeper look at it, I’ll be happy to do that. But at this point, as far as action, we are here to put it on the ballot, and consider his protest.”

Sayre says the protocol is that protests usually come in after certification.

Knittel said the Board had planned to put together their database today (Tuesday), in order to order the ballots for arrival by Sept. 18, when they must be sent overseas to military personnel.

Another protest was presented in the form of a letter from Harald Daub, a former member of City Council who was recalled in the 1980’s.

He cited three reasons for protest, and said Board of Election employees should not have assisted Aeh in verifying signatures.

Rodney Barnett, Chairman of the BOE, took the opportunity to defend the use of the employees in aiding Aeh in her task, saying they had done nothing wrong. Daub said the county should attempt to recoup the cost of the employees from the city.

It was decided Daub’s complaint would be handled along with the protest filed by Columbo at a subsequent hearing.

City Council passed the resolution placing the recall on the ballot at last Thursday’s special meeting.

Murray indicated she preferred not to make a statement allowing her attorney to speak on her behalf.
Comments
(12)
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Drue
|
September 03, 2010
Hang in there!!! PORTSMOUTH MAYOR MURRAY! It's past time you show the "Good OLD Boys" their fun is over, and the "Good Girls" are moving in to straighten out Portsmouth and run the town the way it should have been done a long time ago. You can do it!!
ACitizen
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September 01, 2010
Those of you Mayor Bashers, and it's not Major, need to wake up, to the changing times in Ptown.

A Professional and competent mayor will not lay down an roll over like in the past letting the Status Quo Elite Rule.

And read your "weekly reader," all over this country there are challenges to the political process and voting, etc.

Hello, get you head out of the Cage of Scioto County, you hometown loyalists. You heart may be in the right place, only you know that?

Neo74
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September 01, 2010
The folks who are trying to get this going that are within the counsel have seriously violated the ordinance and also the federal Hatch Act. These members are employed by the local government and are attempting to influence political issues with the city. Another words, breaking the law.
sweetone
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September 01, 2010
DONT underestimate the power of a woman! Some women cannot be intimidated by the bullying of certain men! HA! City Council is nothing but a joke. Get a life. Why dont you worry about doing your job instead of being obsessed with the Mayor.

You go Jane! You got these boys shakin' in their boots!
juliao
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September 01, 2010
Major you've got them running scared. You know you're doing something right or they wouldn't be trying so hard. KEEP UP THE GOOD WORK!!!!!!!!!!! Concerned Mom
Kabash
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August 31, 2010
Jane, if the next person in line gains control of your office as mayor...then Kattie bar the door. It is known all over conserative Portsmouth that the "Good Ole Boy Club,"has controled the Mayors office for years and they don't want their control jepordized. Too much money at stake.

Hang in there lady, your not perfect but your the best we've had since Mayor Gerlack.

Kabash
kausi
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August 31, 2010
Murray 1 Corrupted City 0

Way to fight this corruption mayor.. Can we get a woop woop..
greenkarma
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August 31, 2010
yup, these are more than the ones i mentioned earlier about the amount of names needed , but atlast ! someone with a brain"from out of the area' can interpet the codes with a clear understanding ..this recall is ILLEGAL an our mayor should carry on ! GO GIRL ... now about those curruptions mentioned ..lol,, there is so much evidance out there ..its a sure basket for her to produce evidence of ! an one more thing ,, this recall was an attack on her personal with intent to discredit her with rumors an illegal actions //HMMMM I see another lawsuit if she is mad enough !
Pepprkorn
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August 31, 2010
Ahh, and here is proof positive. Jane Murray doesn't give a darn what the voters and taxpayers of this City want...she never did. Jane Murray only cares about what is best for HER.

Eventually you can bet she'll expect us to pay her enormous attorney fees as well.
diamond_eyes4
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August 31, 2010
Way to go Mayor Murray...Don't give up the fight...Put it back to the City Counsel and the "Boys Club"! It is time they except that Portsmouth is ready for a change!
wellwisher
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August 31, 2010
So all of the other people who have had recall petitions taken out on them, both present and within the last 7 years, should also hire attorneys as this is the same procedure that has been followed.
citizen48
|
August 31, 2010
Give it up Jane. Time to go.
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