Akron Municipal Building

Akron may have run afoul of campaign law by issuing a news release promoting upcoming ballot issues.

(John Harper, cleveland.com)

AKRON, Ohio -- Akron Mayor Dan Horrigan wants voters to support two ballot measures in next week's election, but a press release sent from City Hall has raised ethical questions.

The city has proposed two ballot initiatives in the upcoming election, one that would allow the city to negotiate natural gas rates for all residents and another that would create a department of human resources inside City Hall.

Both measures, under the city's charter and state law, require voter approval. Horrigan's spokeswoman on Wednesday sent out a news release titled 'Vote Yes on Issue 1 and Issue 2'

Under Ohio law, political subdivisions are not allowed to use its own money to promote election issues. Philip Richter, executive director at the Ohio Elections Commission, said there is a general understanding across the state that municipalities shouldn't spend public money on election issues or candidates.

"There are general prohibitions that would prevent that," Richter said.

Akron spokeswoman Christine Curry disputed whether the state law applies, saying it doesn't apply to municipalities with a charter government and also doesn't specify the type of issues being addressed in the news release.

Ohio Revised Code Section 9.03, the law prohibiting cities from promoting election issues, says that corporations with a charter government do not count as "political subdivisions."

However, Richter said that unless a charter has a specifically contradictory law on the subject, state law generally prohibits public dollars spent on influencing an election.

"If they want to interpret it that way, I can't say about that," Richter said. The Ohio Legislature has yet to enact laws that would allow the elections commission to enforce that law, Richter said.

Catherine Turcer, a policy analyst at good government group Common Cause Ohio, explains that cities in Ohio aren't allowed to spend taxpayers' money to pitch election causes to taxpayers.

"It seems trivial, but its very important because taxpayers need space so they can figure it out for themselves," Turcer said. "When it comes to elections there needs to be a separation between taxpayer dollars and campaign dollars."

In responding to an email about the press release, Summit County Board of Elections Director Joe Masich referenced state elections statute, Ohio Revised Code Section 9.03, but didn't comment specifically on Akron's press release.

Voters or taxpayers could file an elections complaint against the city, Turcer said, but there is no automatic enforcement mechanism that would otherwise sanction the city.

Richter said its up to the city's law department to ensure that the city's procedures are within the law.

This article has been updated to include responses from Akron City Spokeswoman Christine Curry and Ohio Elections Commission Director Philip Richter, as well as to clarify specific language in Ohio Revised Code Section 9.03.