By Krystal Smalley
ksmalley@wbcowqel.com
Visiting Judge David Faulkner threw out the civil suit challenging the election that abolished Galion’s charter. Faulkner’s decision, which was filed with the Crawford County Clerk’s Office on Oct. 28, came with less than a week to go before November’s General Election.
Faulkner wrote in his judgment that Crawford County Board of Elections was faced with the difficult job of putting a provision on the ballot that was contrary to state law when it came to the term limits of elected officials.
“The solution reached was a workable one which, to the extent possible, gave full effect to the will of the voters,” wrote Faulkner.
The judgment argued that, had the petitioners not provided for a transition in the middle of the year, the city would have been left without a government for seven months. Faulkner concluded that “the home rule power of local governments may invoked here.”
“The Board acted with ingenuity, consistent with the will of the voters, avoiding the difficulty caused by the term length language,” the judgment stated. “Finally, the issue is moot. The election was held. Presumably those elected assumed their offices and no action to oust them was taken.”
It was also stated that the issue presented to the voters was “legal, lawful and properly done.”
As for those who believed they may have been aggrieved by the process, Faulkner concluded that they had not taken action against the provision in a timely matter as required by law.
“No one who was allegedly aggrieved by any part of the process took any action to interrupt it or call into question in a timely manner or in the manner prescribed by law,” wrote Faulkner. “In elections, important issues are decided and time is of the essence. The design and focus of the election laws is to implement the will of the voters and not unduly delay that implementation. Plaintiffs having failed to act in accordance with those laws, their action must fail.”
Faulkner judged in favor of the city of Galion and dismissed the suit.
Faulkner first heard testimony last week during a bench trial in the civil suit that was brought against the city of Galion by Robert Bean, David Dayne, and Hall Osborne.