EXPLANATION
BACKGROUND
The purpose of this ordinance is to amend Chapter 107 of the Columbus City Codes and to supplement the provision contained within the Charter of the City of Columbus which pertains to the replacement of a candidate for the office of city council member, mayor, city attorney or auditor upon death, disqualification or withdrawal before a primary election.
In November 2014, Columbus voters overwhelming approved revisions to the Columbus City Charter which established, among other amendments, Section 41-6. This section contemplates the ability to fill a vacancy created in the event a person nominated by petition for the office of city council member, mayor, city attorney, or auditor dies, is disqualified or withdrawals before a primary election. And, per the charter, the vacancy so created may be filled in the manner and by the deadline established in general laws of the state, unless otherwise provided by the charter or ordinance of council.
In accordance with Section 41-6 of the Columbus City Charter, the most applicable general law of the state is Ohio Revised Code (ORC) §3513.31(F), which outlines the process whereby a person nominated by petition as an independent or nonpartisan candidate for election at the next general election may be replaced if that candidate withdraws or is disqualified. Under that section, the deadline for replacing said candidate is not later than the eighty-sixth day before the date of the general election. However, the Revised Code does not provide any separate deadline for replacement prior to a primary election.
This ordinance establishes a clear deadline for the replacement of a candidate for the office of city council member, mayor, city attorney or auditor upon death, disqualification or withdrawal before a primary election. And, in doing so, it further aligns the City’s elections laws with the general laws of the state and the elections deadlines contained therein.
Specifically, if a person nominated by ...
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