Robert L. Scott held dual public offices by serving as a presidential elector while holding a seat on City Council. The Kettering Charter mandates that Council declare his seat vacant.
Canton, OH ― In a victory for Ohio voters and the Ohio Constitution, Ohio 50th District State Representative Christina Hagan (R-Alliance) has belatedly resigned as a member of the presidential Electoral College. The Electoral College is slated to meet at noon today, December 19, in the state capitol in Columbus. Hagan was facing a complaint and motion for a temporary restraining order before Judge John Haas of Canton, showing that Hagan, by serving as both a member of Ohio's General Assembly and presidential elector, was violating Article II, Section 4 of the Ohio Constitution. Her vote would have been illegal. Lead counsel for Plaintiffs Deborah L. Cain and Andrew J. DiLiddo, Hagan's constituents, said, "This is a victory for Ohioans who believe in integrity in
Canton, OH ― Chandra Law today served a complaint and emergency motion for temporary restraining order against Ohio 50th House District Representative Christina Hagan (R-Alliance) alleging that her status as a presidential Electoral College member is illegal, and that her anticipated December 19, 2016 noon intended vote for Donald Trump for president and Mike Pence for vice president would violate Ohio's Constitution. Plaintiffs Deborah L. Cain of Uniontown and Andrew J. DiLiddo of Canton―both Hagan constituents―assert that Hagan's Electoral College membership violates Ohio Constitution, Article II, Section 4. That provision bars an Ohio General Assembly member from also serving as a federal or other state public official―unless that member first resigns from her assembly seat. The Ohio Supreme Court in 1948 observed that the office of Ohio presidential elector is a state office.
Trial in the challenge brought by Plaintiffs Northeast Ohio Coalition for the Homeless, Columbus Coalition for the Homeless, and the Ohio Democratic Party against state laws that are resulting in thousands of Ohio voters being disenfranchised when county elections boards refuse to count those voters' absentee and provisional ballots commences on March 16, 2016 before Judge Algenon Marbley of the U.S. District Court for the Southern District of Ohio in Columbus. The nature of the challenge is explained here. Plaintiffs intend to show that the laws being challenged are resulting in numerous ballots being unfairly disqualified over trivial paperwork errors. Plaintiffs allege that this governmental behavior violates the Voting Rights Act and the United States Constitution's First and Fourteenth Amendments.