Ohio Supreme Court: Village must submit data center referendum to county board of elections
The village of Ashville must submit a referendum petition to the board of elections seeking a public vote on the village’s tentative agreement to cooperate in the construction of two data centers and an accompanying natural-gas power-generating facility, the Supreme Court of Ohio ruled today.
In a per curiam opinion, the Supreme Court concluded that the Ashville fiscal officer, April Grube, could not refuse to certify the petition of opponents of the EdgeConneX data center plan because the village adopted its agreement with the company as emergency legislation.
The Court ordered Grube to submit the petition to the board of elections for placement on the Nov. 3 general election ballot. However, the Court’s decision does not ensure voters will get to decide the matter. The Court noted that the Pickaway County Board of Elections may consider whether the resolution was an “administrative action” taken by the village, and not subject to a referendum.
Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Joseph T. Deters, Daniel R. Hawkins, and Megan E. Shanahan joined the per curiam opinion.
Justice Jennifer Brunner concurred with the opinion but stated she supported setting an expedited schedule for the Court to address whether the village resolution is not subject to referendum because it was an administrative action.