A last-minute filing Monday to the Lucas County Board of Elections again postponed the possible ballot addition of the Lake Erie Bill of Rights.
The submitted protest regarding a proposed Toledo city charter amendment by law now sets a hearing in which both sides can present their case. That meeting is set for Dec. 20.
The Lake Erie Bill of Rights seeks to protect lake health and proposes amending the city charter with language that would give the Lake Erie watershed rights to “exist and flourish.” It also proposes the lake be given rights as an ecosystem that citizens would be legally entitled to defend.
If supporters are successful, the measure would go before voters during a Feb. 26 special election.
Don McTigue, a Columbus-based attorney, emailed the protest document at 11:11 a.m. in advance of an 11:45 a.m. meeting. He filed on behalf of Toledo resident Josh Abernathy.
In the filing, Mr. McTigue wrote the measure could not appear on the ballot because the election board previously ruled that it went beyond the scope of Toledo’s municipal authority.
“The petitioners now seek to place the exact same initiated charter amendment on the ballot which the board previously ruled was not legally permitted to appear on the ballot,” he wrote, adding the bill of rights would assert Toledo’s jurisdiction over all of Lake Erie “well outside its municipal boundaries and the legal boundaries of municipal authority.”
Mr. Abernathy declined an interview request.
The proposal was kept off last month's midterm election ballot after board members raised questions about its legality. Following an Ohio Supreme Court decision, the Toledo City Council last week voted to ask the board to add the measure to the February ballot.
Among attendees in support of the lake was Cindy Matthews, who described herself as disappointed but not surprised by the news. Speaking about the need for environmental protection, she said the priorities of big business harm residents.
“They make their money on the area. They live elsewhere,” Ms. Matthews said.
Ensuring access to the ballot is a democratic measure that should be available to citizens, she said.
Separately on Tuesday, board members announced recount results for the multicounty 2nd district of State Board of Education. The Ohio Secretary of State’s Office ordered the review because the margin of victory was less than 0.5 percent.
There were no changes in totals since certification. Kirsten Hill of Amherst recorded 17.75 percent of the vote and Jeanine Donaldson of Lorain had 17.35 percent.
First Published December 10, 2018, 10:54 p.m.
