Sheriff probes wrong ballot language on sales-tax issue for Mahoning County

By David Skolnick

Because of an oversight, voters will be asked to OK ‘additional general revenues.’

YOUNGSTOWN — The ballot language for Mahoning County’s half-percent sales tax incorrectly states it would provide “additional general revenues” — and nothing can be done to change the error.

Thomas McCabe, county board of elections director, acknowledges his office failed to send the language to the county commissioners and prosecutor to review before it was put on ballots, something required by state law.

It’s the only issue on the Nov. 3 ballot that wasn’t sent to the political entity proposing a tax for a review of the language, McCabe said. He said it simply was an oversight on the part of the elections board.

Despite McCabe’s contention, county Commissioner Anthony Traficanti said the matter “is under investigation,” and he was interviewed Wednesday. He declined to say who conducted the interview.

“The authorities are looking at it,” he said. “I will allow others to make the determination” if this is criminal.

Prosecutor Paul J. Gains confirmed that the county sheriff’s department is conducting the investigation.

“We don’t know if it’s criminal or not,” Gains said.

McCabe added that part of the blame rests with the commissioners and prosecutor’s office for not writing the ballot language.

The commissioners and the prosecutor’s office haven’t written the language in the past, McCabe acknowledged.

The incorrect language doesn’t invalidate the legitimacy of the proposal for the half-percent sales tax, if voters approve it, McCabe said.

The sales tax is for a continuous period of time. It’s been on the ballot other times as a five-year renewal.

The error created an uproar among some county officials concerned that the incorrect language could adversely impact the vote.

Among them are Gains and Traficanti, who are angry that the mistake is on the tax proposal and that McCabe is passing blame to others.

All the elections board had to do was use the same language from the county’s other half-percent sales tax, approved in 2007 by voters from a 5-year time frame to a continuous period of time, Gains and Traficanti said.

“The mistake wouldn’t have been made if it was sent here,” Gains said. “Why didn’t they follow the protocol? There’s concern voters will see this as an additional tax when it’s a renewal for a continuous period of time.”

That could lead to some people voting against the measure, he said.

“It misleads the voters,” Gains said. “Also, I resent the implication that the board of county commissioners or this office or anyone else made mistakes. The board of elections writes the ballot language. It’s their job. It’s the most important issue for Mahoning County, and the board of elections didn’t send it to us.”

The sales tax raises about $7 million annually for the county’s general fund. That sales tax and the other half-percent sales tax, which also raises about $7 million a year, are the largest sources of general-fund revenue for the county.

“This is very disturbing; this is the lifeline for Mahoning County,” Traficanti said. “It’s something the board of elections should be familiar with. Where were the internal controls? I can’t explain this. The language is misleading.”

The ballot language states the sales tax would provide “additional” revenue rather than it’s a “continuation of an existing county sales tax.”

Elections board employees used that language based on Sections 1 and 3 of the Aug. 1 resolution from the commissioners for the tax, McCabe said.

The body of the resolution never mentions the tax is a continuation, so McCabe said election employees couldn’t use that word.

The title of the resolution uses “the continuation of an existing” sales tax twice.

But McCabe said Ohio Secretary of State officials told him the information in the title of a resolution can’t be used as ballot language.

Two elections officials at the secretary of state’s office initialed the tax proposal submitted to them by the county elections board.

McCabe said he didn’t realize the error until county officials pointed it out Tuesday, and the mistake was accidental, not intentional.

skolnick@vindy.com