Wednesday, September 08, 1999
Top court allows two on ballot
Mason candidates fought term limit
BY DAVID ECK
Enquirer Contributor
MASON — The state's highest court has rejected an effort to strike the names of two longtime Mason council members from November's ballot.
The Ohio Supreme Court struck down a request by four Mason residents that council members James “Dick” Staten and William Kidder not be allowed to run for new council terms this fall because of term limits.
“They denied (the residents') request,” said Warren County Prosecutor Tim Oliver. “In (Tuesday's) mail we got the decision. I don't think this was unexpected.”
The ruling was issued without comment.
The four residents asked for a court order upholding a two-term limit and instructing the county board of elections to remove Mr. Kidder, in his second term, and Mr. Staten, in his fifth, from the ballot.
Mason voters in 1993 passed a charter amendment limiting council members to two consecutive 4-year terms and requiring them to sit out two years before they could run again. It was made retroactive, so that council service before the November 1993 election counted.
The council members argued the retroactive element makes the amendment unconstitutional.
“To clear all the air, it was something that had to be done,” Mr. Kidder said. “I'm glad it's over and we can get on with life. No matter how it came out, I'm relieved and I'm happy.”
Both council members say they thought they were correct.
“It tells us that we weren't doing anything illegal,” Mr. Kidder said. “Dick and I both felt we were not going against what the people voted on. I would have never filed again if I felt I was doing something illegal.”
Mr. Staten hopes the court's action will end confusion over the issue.
“You can't pass a law and make it retroactive,” he said. “The distraction has been answering the people who didn't understand. I am on the ballot; this was an effort to remove me. This removes any doubt that I am eligible to run.”
But one of the residents who fought Mr. Kidder's and Mr. Staten's candidacies had not seen the court's decision and feels the matter may not be closed.
“Without hearing the reasons for it, I don't know that anything's been resolved,” said Richard Inskeep. “I don't know the reasons for the denial. If they didn't rule on the issue of constitutionality, then this issue hasn't been resolved at all. We're still right in square one.”
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