City of Vandalia Announces Referendum Decision
The Tippecanoe Gazette just received the following press release from the City of Vandalia:
City of Vandalia Announces Decision to Halt Referendum Process for Ordinance 25-02
The City of Vandalia has announced that the referendum petition submitted to place Ordinance 25-02 on the November 2025 ballot will not proceed, following a determination of legal insufficiency by the Montgomery County Board of Elections and a subsequent review by City officials.
Ordinance 25-02, passed by Vandalia City Council on March 3, 2025, approved a planned unit development and zoning map change for property located at 7848 South Brown School Road. In accordance with the Vandalia City Charter, residents have the right to petition for a referendum on such ordinances, unless otherwise preempted by the Charter, the Ohio Constitution, or state law.
On April 2, 2025, the City received a referendum petition concerning Ordinance 25-02. The Montgomery County Board of Elections initially determined in an April 10 letter that the petition met the signature threshold, confirming 683 valid signatures where 547 were required.
However, on May 2, the Board received a protest from the property owner challenging the validity of the petition. After reviewing the matter in a May 21 public meeting, the Board issued a letter on May 23 stating that, "based on errors with the Part Petitions," the petition was deemed insufficient. The Board cited a "lack of required signatures" and instructed the City Clerk to provide the petitioners with a ten-day period to cure the deficiency under Section 9-4 of the Vandalia Charter.
Upon legal review, City officials concluded that the issue cited by the Board of Elections was not a deficiency in the number of valid signatures, but a legal defect in the petition format. Specifically, the petition failed to include a mandatory Falsification Notice required by Ohio Revised Code 350l .38(J), which states in bold capital letters:
"WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The absence of this statement was described by Board members as a "fatal flaw" under state law. As a result, City officials determined that the petition cannot be corrected through additional signature collection and that the tenday cure provision under Section 9-4 of the City Charter does not apply.
In addition, statements made at the May 21 Board of Elections meeting suggesting that the City is required to provide referendum petition forms were inaccurate. While the City Charter obligates the City to provide nomination petition forms under Section 8-2, it does not require the City to supply referendum petition forms. Section 9-3 of the Charter only requires that petitions be uniform and "substantially in the same format" as provided by the Clerk. The form given to petitioners was offered as a courtesy and was accompanied by a clear disclaimer advising petitioners to consult legal counsel regarding compliance with state election laws.
Vandalia City Attorney said in a statement, "The City has followed the Charter in all respects and has maintained neutrality throughout the process. After being advised by the Board of Elections that the petition was defective under state law, we conducted a thorough legal review. It is my legal opinion that the ten-day cure period does not apply in this case, and I have advised City Council accordingly. The Clerk of Council has notified the Petitioners' Committee that the referendum petition for Ordinance 25-02 is rejected as invalid."
Based on the specifics of the City Charter outlined in Article IX, City Council supports the legal determination and considers the referendum process on this ordinance concluded. For additional information, please contact:
Rich Hopkins
Communication Manager, City of Vandalia (937) 371-5674