Bill Text: OH HR130 | 2013-2014 | 130th General Assembly | Enrolled

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Bill Title: Relative to the contest of election in the 98th House

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-05-22 - Adopted [HR130 Detail]

Download: Ohio-2013-HR130-Enrolled.html

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As Adopted

130th General Assembly Regular Session 2013-2014

H. R. No. 130

Representative Huffman 

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A RESOLUTION

Relative to the contest of election in the 98th House

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District.

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WHEREAS, a Select Committee consisting of Representatives	3
Huffman (Chair), Stautberg (Vice Chair), Dovilla, Pelanda,	4
Stebelton, Clyde (Ranking Member), Curtin, Redfern, and Strahorn	5
has been appointed by the Speaker of the House to inquire into and	6
make a full and complete review of the record of proceedings	7
before the Ohio Supreme Court in Case No. 2012-2151, a Contest of	8
Election proceeding regarding the November 2012 general election	9
for the 98th House District, involving Joshua E. O'Farrell,	10
Contestor vs. Al Landis, Contestee, and to make such findings and	11
recommendations as the facts warrant, and	12

WHEREAS, said Select Committee has now made a full and	13
complete review of the record, and has found that the 2012 general	14
election in the 98th Ohio House District which comprises	15
Tuscarawas County and parts of Holmes County was conducted in	16
compliance with the Ohio Constitution, Ohio statutes, Ohio	17
Secretary of State directives, and all other applicable law, and	18

WHEREAS, the Select Committee, upon considering all of the	19
evidence taken before Chief Justice Maureen O'Connor of the	20
Supreme Court of Ohio, finds that that the people of the 98th Ohio	21
House District, which comprises Tuscarawas County and parts of	22
Holmes County, have been provided the opportunity of a fair	23
election, and	24

WHEREAS, the Select Committee further finds that that the	25
seating of Al Landis, the Representative-Elect from the 98th	26
District holding the certificate of election, is valid by reason	27
of the constitutional conduct of said election in Tuscarawas and	28
Holmes Counties, and	29

WHEREAS, Article II, Section 6 of the Constitution of Ohio	30
requires that the House assume and exercise the responsibility of	31
judging the election, returns, and qualifications of its own	32
members, in particular, the member from the 98th Ohio House	33
District, and	34

RESOLVED, by the House, that it is hereby declared that the	35
2012 general election for the office of State Representative for	36
the 98th Ohio House District has been lawfully and	37
constitutionally conducted; and be it further	38

RESOLVED, by the House, that the seating of Al Landis, the	39
Representative-elect from the 98th District holding the	40
certificate of election is valid and shall continue, and he shall	41
continue to exercise the rights and privileges of a member in	42
accordance with the results of the 2012 general election in the	43
98th Ohio House District.	44