Ban on use of ‘renewal’ on ballot irks officials

Commissioners want to make sure voters know it’s a sales-tax renewal.

By Peter H. Milliken

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Prosecutor Paul Gains

YOUNGSTOWN — Mahoning County Prosecutor Paul J. Gains wants the Ohio Secretary of State’s office to reconsider its ban on the word “renewal” in sales-tax ballot language.

Gains made his request Thursday after receiving a letter from Atty. Michael Rankin, assistant secretary of state, informing him of the prohibition.

Despite being told of Rankin’s letter by George J. Tablack, county administrator, the commissioners unanimously passed a last- minute resolution Thursday, captioning the half-percent sales-tax measure they are putting on the May 4 primary ballot as a “renewal and continuation.”

Thursday was the filing deadline for primary candidates and ballot issues to appear on the spring ballot.

The county board of elections will write the ballot language, subject to final approval by Jennifer Brunner, Ohio secretary of state.

“It’s the commissioners’ intent to make sure that the people of Mahoning County know that this is a renewal and continuation of the existing half-percent sales tax,” said Commissioner John A. McNally IV.

“People are saying, ‘As long as it’s a renewal, I can support it,’” observed Anthony T. Traficanti, chairman of the commissioners.

“Our position is it’s a renewal,” said Commissioner David N. Ludt. “As long as people know it’s a renewal, they’re more willing to vote for it.

“If that half-penny tax doesn’t pass, we’re looking at maybe closing our jail partially,” Ludt added.

“The laws of Ohio do not provide for the term ‘renewal’ in ballot language describing sales and use taxes,” Rankin wrote. “The term ‘renewal’ does not appear in the statutes that govern the submission of sales or use taxes to the voters.

“The word ‘continuation’ may be used in regard to the subject sales tax, but the word ‘renewal’ may not be,” Rankin instructed Gains.

Gains wrote to Rankin asking him to reconsider his decision on the basis that the word renewal accurately describes a five-year continuation of an existing five-year tax that will expire Sept. 30.

In support of his position, Gains quoted definitions of ‘renewal’ in Black’s Law Dictionary and the American Heritage Dictionary of the English Language.

Gains said Brunner approved the use of the word renewal in ballot language that was employed when the voters approved continuous renewal of the county’s other half-percent sales tax in May 2007.

“We are perplexed by the reversal of the secretary’s position regarding use of the word ‘renewal,’” Gains wrote. State law does not “tell the commissioners what adjectives to use in defining the tax,” Gains said.

Brunner decided in 2008 that all ballot language should undergo a legal review of its content, not just a nonlegal administrative review, which examines only form and format, said Jeff Ortega, Brunner’s deputy director of communications.

“For a sales and use tax, the word ‘continuation,’ not ‘renewal,’ is appropriate,” Ortega said.

milliken@vindy.com