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May 8, 2012

Michele Lockard, Director

Jon Husted Ohio Secretary of State

180 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: (877) 767·6446 Fax: (614) 644-0649 www.OhioSecretaryofState.gov

Melanie K. Willeford, Deputy Director Pickaway County Board of Elections 141 West Main St., Suite 800 Circleville, OH 43113

Re: Tie Vote on April 11, 2012 regarding the eligibility of William Jason Lawless to be certified to the November 6,2012 ballot as an Independent Candidate for Sheriff

Dear Director Lockard and Deputy Director Willeford:

On April 11, 2012, the Pickaway County Board of Elections met to determine whether William Jason Lawless met the qualifications required by R.C. 311.01 to be placed on the November 6, 2012 ballot as an Independent Candidate for Sheriff. Board Members Winner and Lynch voted in favor of the motion to certify Mr. Lawless to the ballot. Board Members Bensonhaver and Welsh voted against the motion.

In accordance with R.c. 3501.11 (X), the tie vote of your board was submitted to the Secretary of State for decision. Your board submitted a packet of materials relevant to the tie vote to my office, including the reasoning behind the board members' votes and minutes from the April 11, 2012 board meeting. For the reasons discussed in this letter, I break the tie in favor of certifying Mr. Lawless to the November 6,2012 ballot as an Independent Candidate for Sheriff. My analysis and decision are outlined below.

Background

In order to be eligible to be a candidate for sheriff, a person must meet the requirements set forth in R.C. 311.01. At issue is whether Mr. Lawless meets either of the two qualifications in R.C. 311.01 (B)(8) to be a candidate for Sheriff. Under Ohio law, no person is eligible to be a candidate for sheriff unless the person has been employed as a full-time peace officer or as a full­time law enforcement officer for the applicable statutory timeframes. See R.C. 31 1.0 1 (B)(8)(a) and (b). Thus, for Mr. Lawless to be an eligible candidate for sheriff, he must satisfy the requirements of either R.C. 31 1.0 1 (B)(8)(a) or (b).

Mr. Lawless' affidavit dated February 15,2012 states that within the four year period immediately prior to March 5, 2012, he held a valid basic peace officer certificate of training issued by the Ohio Peace Officer Training Commission. Further, Mr. Lawless' affidavit states that he was employed within the four years prior to the qualification date as a full-time peace officer as defined in R.C. 109.71 performing duties related to the enforcement of statutes,

April 11, 2012 Pickaway County Tie Vote Page 2 of2

ordinances, or codes. In addition to Mr. Lawless' affidavit, the Mayor of the Village of South Bloomfield, Richard A. Wilson, has certified Mr. Lawless' status as a full-time peace officer to the Ohio Attorney General.

Decision

In order for Mr. Lawless to be certified to the November 6, 2012 ballot, he must satisfy either R.C. 311.01 (B)(8)(a) or (b).

Mr. Lawless contends that his experience and qualifications satisfy R.C. 311 .01(B)(8)(a). In order to satisfy R.C. 311.01 (B)(8)(a), a candidate for sheriff must have:

Obtained or held, within the four-year period ending immediately prior to the qualification date, a valid basic peace officer certificate of training ... and, within the four­year period ... been employed ... as a full-time peace officer as defmed in section 109.71 of the Revised Code ... (Emphasis Added).

On the "Notice of Peace Officer Appointment" form submitted to the Ohio Attorney General, dated February 13,2012, Mayor Wilson certified that Mr. Lawless was a full-time peace officer within the required timeframe.

The Ohio Supreme Court has held that limitations "on the right of a person to hold office are to be given a liberal construction in favor of those seeking to hold office." State ex reI. Altiere v. Trumbull Cty. Rd. a/Elections (1992), 65 Ohio St.3d 164, 165.

Board Members Bensonhaver and Welsh argue that Mr. Lawless failed to meet the requirements ofR.C. 311.01 (B)(8)(b) and voted against the motion on that basis. However, because Mr. Lawless has satisfied R.C. 311.01 (B)(8)(a), I break the tie in favor of certifying Mr. Lawless to the November 6, 2012 ballot as an Independent Candidate for Sheriff.

Sincerely,

I/MV Jon Husted

Cc: Board Members, Pickaway County Board of Elections