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Kettering taxpayer demands city council declare that councilmember vacated his seat by serving as presidential elector

Thursday, January 5, 2017

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.

CLEVELAND, OHIO - Today, counsel for John J. Murphy, a City of Kettering taxpayer, wrote to Kettering's Director of Law demanding that City Council declare that Robert L Scott has vacated his office, and recoup all salary and benefits paid to Scott since December 19.

The demand letter explains that by serving as an Electoral College member last month, Scott violated the Kettering Charter, which bars City Council members from holding any other elected office during their tenure. Ohio law provides for the election of presidential electors. The Kettering Charter mandates that Council declare vacant the seat of any council member who violates this or other prohibitions.

Ironically, Scott served as a presidential elector only because Ohio Rep. Christina Hagan (R-Alliance) resigned at the eleventh hour when facing a suit from her constituents our firm filed for violating a similar Ohio constitutional ban on state legislators holding dual public offices.

Subodh Chandra, Murphy's lead counsel, said, "By seizing his chance to grab the vacant Electoral College office that Ms. Hagan vacated, Mr. Scott betrayed his constituents' trust and abandoned his council seat. These violations—along with others around the country—have tainted the Electoral College. Public officials must follow the law."

Scott was Deputy Ohio Director for the Trump campaign, is the founder of the Dayton Tea Party, and is a former Chairman of the Montgomery County Republican Party.

Subodh Chandra, Sandhya Gupta, and Marvin Brown, IV of The Chandra Law Firm LLC,, represent Murphy.

The taxpayer demand letter can be viewed here.

Related Practice Areas
Constitutional LawVoting RightsTaxpayer Lawsuits in Ohio

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