Ohio Supreme Court Halts Whitehall Recall Vote
A planned recall election in Whitehall is now on pause after the Ohio Supreme Court ruled the petitions behind it don’t meet the legal threshold.
In a decision filed May 4th, the court found there were not enough valid signatures to move forward with recalling Mayor Michael Bivens and City Council members Lori Elmore and Amy Harcar.
MORE: Whitehall Leaves Bivens Recall Unresolved After Tense Meeting
The ruling stems from a legal challenge filed by Michael Shannon, who argued the petitions were improperly certified. The court ultimately agreed, saying both the recall group and Whitehall Clerk of Council Julie Ogg miscalculated how many signatures were required.
At the center of the issue is how the city’s charter defines that threshold.
Those backing the recall submitted 444 valid signatures for Bivens and 447 each for Elmore and Harcar. Ogg certified the petitions based on the belief that the requirement was 15% of voters who participated specifically in the 2023 mayoral race, which totaled 2,827 voters.
But the court saw it differently…
Justices ruled that the 15% threshold should be based on the total number of voters who cast ballots in any race during that 2023 municipal election (3,913 voters), raising the required number of signatures to at least 587 per petition.
That gap of more than 100 signatures short for each official invalidates the current petitions.
The recall effort, which accuses city leadership of fraud, favoritism, and fiscal mismanagement, has also drawn pushback. Critics of the campaign argue the effort is politically and racially motivated. Bivens and Elmore are Black, while Harcar, who is White, works closely with immigrant communities through her role in nonprofit services.
With the ruling in place, the petitions will be returned, and organizers now have 10 days to gather the additional signatures needed to keep the recall effort alive.
In a statement following the decision, Bivens said his administration is reviewing next steps while standing by its record:
“I continue to stand on my record of integrity, fiscal accountability and progress,” he said. “I will continue to fight for the residents of Whitehall as we move this great city forward…”
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