Pickerington Area Taxpayers Alliance

Ted Hackworth * 531 Courtland Ln * Pickerington, Oh 43147 * 614-837-9848

March 14th, 2002

Robert Mapes
City of Pickerington
100 Lockville Road
Pickerington, Ohio 43147

Dear Mr. Mapes,

I would like to express my gratitude for your decision to forward our three Initiative Petitions on to the Fairfield County Board of Elections on February 20th, 2002. I am relieved, that they now have been returned to the City with the sufficient number of signatures on all three petitions.

Regarding your comments toward what you have stated as a ?“Fatal Error?”. We obtained the blank copies from the limited supply available at the Fairfield County Board of Elections prior to August 28th, 2002 before the new law you quote went into effect. I have spoken with a Ms. Hoffman at the Secretary of State?’s office. She is an attorney in the elections section of that office. I asked her opinion and she said, ?“She didn?’t believe that using the old wording constituted a fatal error.?” She quickly added that it was only her opinion. I asked her about the word ?“should?” in the Stuzman v. Madison County Board of Elections. The case you sited in your statement of February 5th 2002 to Mrs. Linda Fersch (City Auditor). Here again she indicated that, in her opinion, that the Supreme Court of Ohio left the door open for those of us that circulated petitions after August 28th, 2002. The only way we can find out is to test that with the court.

In the mid-nineties former Councilperson Linda Wilson had filed with the Pickerington Municipal Clerk Linda Yartin a compliant. In her complaint, she sites a number of issues in the Recall Petition filed to remove her from office. At the time, your predecessor Don McAuliffe was the Pickerington City law Director, he apparently found these errors ?“non-fatal?” and the issue was placed on the ballot.

Allow me to quote from Ms. Wilson?’s complaint letter:

?“According to section 1.02 of the City Charter, all such powers shall be exercised in a manner prescribed in this Charter, or, to the extent that the manner is not prescribed herein, in such manner as shall be provided by ordinance or resolution of council. The laws of the State of Ohio not inconsistent with this Charter shall have the force and effect of ordinances of the Municipality.?”

Letter to Mr. Mapes pg2

?“In light of this relationship of the Charter to the Ohio Revised Code, the following areas of printed petition are in violation of the Ohio Revised Code:?”

?“1. The warning about election falsification as prescribed necessary for petition in ORC 3501.38 (J) is not printed as prescribed in bold faced capital letters.?”

?“2. The circulator?’s affidavit at the bottom of the petition does not contain words which say that, ?“All signers were to the best of his knowledge and belief qualified to sign?” as prescribed in ORC 3501.38 (E).

?“3. The circulator?’s affidavit at the bottom of the petition does not carry the affirmation that he ?“witnessed the affixing of every signature,?” as prescribed in the ORC 3501.38 (E). The affidavit on the CRC?’s (Citizen?’s Recall Committee) petition only says that the signatures were made in the circulator?’s presence, which might mean, for example, that signers were able to sign the petition in a business office where the circulator was working and did not actually witness the signing of every signature.?”


Of course, the issue above reached the ballot. The then City Law Director did not determine the above listed points of concern outweighed the public?’s right to vote on the issues. What is more disturbing to me as a voter and citizen of Pickerington, I seem to find a changing standard on these petitions and what is required according to who files them. It is very clear that the ?“Citizens Recall Committee?” in 1995 filed petitions for a recall with many of the very same errors that you now claim are FATAL.


I would ask that you readdress your findings of the ?“fatal error.?” Please allow the voters of this city to decide their own future. If those in power at City Hall, now think they are right, then the voters will re-affirm their position. If the voter?’s think the current City Hall government is wrong in their policies then the citizens will prevail. After all, you work for the taxpayers of this city. I know the City Council awards you your contract, but eventually they must report to the voters of this city. Please do the right thing.



Sincerely,




Ted Hackworth
CC: Linda Fersch
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