Date: April 15, 2009
To: Linda Howe, Director, Lucas County Board of Elections
From: Gerald E. Dendinger, Clerk of Council
Subject: Mayor Recall Petitions
Pursuant to the recent attention of perceived defects in the petitions submitted on April 9, 2009 for the removal of the Mayor by recall, I have consulted with our legal counsel Adam W. Loukx, Acting Director of Law, and with outside legal counsel Donald McTigue. Both have given the same opinion.
I hereby determine that the petitions are not insufficient due to lack of Ohio R.C. 3501.38(J) language.
Please notify me by April 19, 2009 if the petition has been signed by at least 25% of the electors voting at the last regular City election for Mayor. I will make a final determination of sufficiency at that time.
With this ruling, the county by the Board of Elections will continue and if there are the appropriate number of signatures from registered Toledo voters, Dendinger will decide if all conditions have been met for the recall to go forward.