8/28/2018 Fwd: Garrettsville Village and Windham Village Petition Initiatives

https://webmail.capital.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAADMa%2b5R%2f7svRZrn0BR%2b3awtBwAzBGWzUTVSR5Y7qZmiVNEDAAACBl... 1/2

Fwd: Garrettsville Village and Windham Village Petition Initiatives

Chad Thompson [tchad65@gmail.com]

Sent:Tuesday, August 28, 2018 7:58 AM

To: Brown, Mark

Here is the email I received from the portage County BOE

Chad

---------- Forwarded message ---------

From: Board of Elections <BElections@portageco.com>

Date: Tue, Aug 21, 2018 at 3:08 PM

Subject: RE: Garrettsville Village and Windham Village Petition Initiatives

To: tchad65@gmail.com <tchad65@gmail.com>

Chad:

In State ex rel. Sensible Norwood v. Hamilton County Board of Elections, 2016-Ohio-5919, the Oho Supreme

Court said administrative actions are not subject to initiative. Reviewing the language in the proposals

presented by the Village of Garrettsville and the Village of Windham, the $0 fine and no license consequences

are administrative in nature. The $0 court costs is administrative in nature and is an impingement on the judicial

function by a legislature. Accordingly, as the Garrettsville Village and Windham Village petitions deal with

subject matter that is not subject to the initiative process, the Board of Elections, in its discretion, has chosen not

to certify these issues to the ballot.

Terrie Nielsen

Portage Co. Board of Elections

449 S. Meridian St. Room 101

Ravenna, OH 44266

Phone 330-297-3511

Fax 330-297-3518

portage@ohiosecretaryofstate.gov

Follow Portage County Board of Elections:

CONFIDENTIALITY NOTICE: If you receive this email in error, please immediately notify the sender by

email at the address shown. This email transmission may contain confidential information. This information is

intended only for the use of the individual(s) or entity to whom it is directed, even if addressed incorrectly. 

Please delete it from your files if you are not the intended recipient. Thank you for your cooperation. 

From: Chad Thompson <tchad65@gmail.com> 

Sent: Monday, August 20, 2018 3:58 PM

To: Board of Elections <BElections@portageco.com>

Subject: Re: Garrettsville Village and Windham Village Petition Initiatives

Dear Ms Neilsen,

Thank you so much for the email regarding the Boards decision , if you would be so kind as to inform me the

Case: 2:18-cv-00966-EAS-EPD Doc #: 1-4 Filed: 08/28/18 Page: 1 of 2 PAGEID #: 35
8/28/2018 Fwd: Garrettsville Village and Windham Village Petition Initiatives

https://webmail.capital.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAADMa%2b5R%2f7svRZrn0BR%2b3awtBwAzBGWzUTVSR5Y7qZmiVNEDAAACBl... 2/2

reason officially that you have decided,as the board, to make this decision so I can take appropriate actions.

Without a stated reason how could I ever know if it was appropriate, so I am requesting specific information as

to what led you to make this decision.

Author and filer,

Chad Thompson

On Mon, Aug 20, 2018 at 11:18 AM Board of Elections <BElections@portageco.com> wrote:

Good morning:

This email will serve as notice that the Portage County Board of Elections did not certify the initiative

petitions regarding marijuana penalties filed for Garrettsville Village and Windham Village to the November

6, 2018 General Election ballot.

Terrie Nielsen

Deputy Director

Portage Co. Board of Elections

449 S. Meridian St. Room 101

Ravenna, OH 44266

Phone 330-297-3511

Fax 330-297-3518

portage@ohiosecretaryofstate.gov

Follow Portage County Board of Elections:

ZA102637858

CONFIDENTIALITY NOTICE: If you receive this email in error, please immediately notify the sender by

email at the address shown. This email transmission may contain confidential information. This information

is intended only for the use of the individual(s) or entity to whom it is directed, even if addressed incorrectly. 

Please delete it from your files if you are not the intended recipient. Thank you for your cooperation. 

Case: 2:18-cv-00966-EAS-EPD Doc #: 1-4 Filed: 08/28/18 Page: 2 of 2 PAGEID #: 36