Ohio Election Commission Sets Probable Cause Hearing Concerning My Kettering School Levy Complaint

I received notice today that The Ohio Elections Commission has scheduled a “Notice Of Probable Cause Hearing” dealing with my complaint (See PDF) concerning Kettering’s levy campaign (Case No. 2009E-009). I write about my complaint here. The hearing is set for July 16 at 9:30 AM in the Wyandotte Building in Columbus. The purpose of the hearing is to determine if there sufficient reason to believe that Ohio’s Revised Code has been violated and to determine if a complaint should therefore go forward.

The notice said, “Your presence is strongly encouraged at the Probable Cause Hearing but it is not mandated.” I intend on being there.

I telephoned Betty Springer, the Commission Secretary, who signed the notice and she said that all complaints that meet the administrative code, regardless of merit, have a probable cause hearing and that whereas the full commission has seven members, at a probable cause hearing, only three or four of the members are involved. If the probalbe cause hearing determines that the complaint should go forward, then a hearing is scheduled with the entire commission where witnesses can be called to testify under oath.

Ms Springer said that Probable Cause Hearings are usually short meetings, and that the attending commissioners consider not only the written complaint but any written response to the complaint as well. If there is a written response to the complaint, I will be given a copy prior to the meeting. (And, if so, I will print such a response here.)

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