NEWTON FALLS Council fails at chance to set recall election

Potential candidates have been unable to file petitions.
By STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
NEWTON FALLS -- Council's last chance to properly schedule a recall election for two of its own lapses today and council has no plans to act.
The two council members in danger of losing their jobs moved Tuesday to prevent the election by challenging the recall petitions.
"I think they hope this will get them out of it," said Norma Williams, director of the Trumbull County Board of Elections said.
Last month, the elections board determined that enough voters signed recall petitions for council members Lester R. Irwin, 2nd Ward, and Thomas W. McKee, 4th Ward, to prompt a special election.
As a charter city, council is responsible for setting the election day, Williams said. Today was the last day they could do so and still be in compliance with the various timelines of state law.
Issue came up
At a work session Monday evening, council briefly raised the issue of the recall, but did not set a date. The issue also arose at a meeting last week, but no date was set.
Council has no other meetings planned until next week, said Robert Eberhart, city manager.
"Their actions explain why people felt such a need to take such a drastic action and file a recall petition," said Bud Fetterolf, the man behind a petition drive.
"The city is unfairly denying the people the right to vote."
In a letter to the board of elections, Irwin and McKee argue the recall petitions should have been rejected because a warning against lying was not properly phrased.
The phrasing was exactly the same as on 1993 Newton Falls recall petitions, which were upheld by the prosecutor, Williams said.
The question has been passed to the Trumbull County Prosecutor's Office for a ruling, she said.
About recall elections
In a recall election, voters are not only asked if an official should be removed from office, but they are also asked to vote for a possible replacement.
However, the board of elections has been unable to accept petitions from candidates because the law requires the date of the election to be on those forms, Williams said.
State law requires the board to accept petitions from candidates until 20 days before the election. The law also requires the election to be between 30 and 40 days after the recall petitions are certified by the board of elections.
If the law is followed, the election can be no later than July 2, and the last day candidate's petitions could be accepted was today, Williams said.
"They are denying me my right to get my name on the ballot," said Kevin Rufener, a 4th Ward resident who wants to run to replace McKee.
siff@vindy.com