State ex rel. Wilen v. Kent (Slip Opinion)
41 N.E.3d 390
Ohio2015Background
- Relators circulated a petition to amend the City of Kent charter to call on Congress to propose a constitutional amendment declaring corporations are not persons and money is not speech.
- Kent's law director advised council not to certify the petition; council refused to send the amendment to the Portage County Board of Elections for the November 3, 2015 ballot.
- Ohio Constitution Article XVIII, §9 requires petitions signed by 10% of the electors; §14 states that percentage is "based upon the total vote cast at the last preceding general municipal election."
- There were 3,324 votes cast in Kent's November 3, 2013 municipal election, so under State ex rel. Huebner relators needed 333 valid signatures; relators submitted 621 valid signatures.
- Kent argued its city charter requires 10% of registered voters (17,067 registered on Nov. 3, 2013), i.e., 1,707 signatures, and thus relators fell short.
- The Supreme Court held constitutional provisions govern and reaffirmed Huebner: the 10% is based on votes cast at the last general municipal election, granted mandamus to require certification, and declined Kent’s premature constitutional challenge to the amendment’s substance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper base for 10% signature requirement | Use votes cast at last general municipal election (Huebner) | Use number of qualified electors registered at previous municipal election (city charter) | Votes-cast basis controls; relators met requirement |
| Whether municipal charter language can override Constitution | Constitution controls; charter must conform | Charter home-rule language should be given effect | Charter cannot conflict with state Constitution; Huebner controls |
| Whether Court should revisit Huebner reconsideration result | Uphold Huebner (votes-cast rule) | Urged Court to adopt original Huebner (registered voters) | Declined to overrule Huebner reconsideration; maintained votes-cast rule |
| Consideration of city’s claim the amendment is unconstitutional | Relators: content-based challenge premature in ballot-access mandamus | Kent: asks for declaratory/injunctive relief now to preserve defenses | Court refused to adjudicate substance now as premature; no injunctive relief available in this action |
Key Cases Cited
- State ex rel. Huebner v. W. Jefferson Village Council, 75 Ohio St.3d 381 (1996) (qualifying-petition signature percentage measured by votes cast at last general municipal election)
- State ex rel. Commt. for the Charter Amendment, City Trash Collection v. Westlake, 97 Ohio St.3d 100 (2002) (municipal charter provisions that conflict with state Constitution are invalid; harmonize when possible)
- State ex rel. Cramer v. Brown, 7 Ohio St.3d 5 (1983) (claims that a proposed amendment would be unconstitutional if approved are premature in actions to strike issues from the ballot)