Legal opinion rendered in tricky school board election issue

The Warren County School Board has a vacancy to fill.

That's the legal opinion of the solicitor for the county's Board of Election, Nathaniel Schmidt.

He updated the board on a situation with a Region II school board member who was elected last month, Chloe Shaffer, but has since declined to take the seat.

Schmidt told the board he received an email from the district's solicitor asking for the Board of Election's position on the issue. He told the board Shaffer has communicated "that she intends to relocate" in a "sort of sudden development for her. She doesn't intend to fill that seat."

The issue isn't as simple as just appointing the second highest vote-getter.

Schmidt emphasized that Shaffer was a "candidate all the way through the day of the election" and was certified as the winner. In light of that, "she basically became entitled to hold the seat at the beginning of it's term."

Withdraws typically occur prior to an election; resignations after the term starts. That places this situation in a bit of a unique situation.

Schmidt said withdraws are usually required at least 85 days prior to an election "to allow a party to propose a substitute nominee."

"In this case," he added, "she was a candidate. (She) cannot simply withdraw from an election. There's no provision in the Election Code that the second place vote getter automatically assumes the right to take that office."

He said it would be his recommendation that the position be considered vacant.

"Under the law the school board now has the right to appoint the new director to fill that vacancy," he said.

Krystle Ransom with the Elections Office noted that the person appointed would serve a two-year term.

As for the Board of Elections, there was really no action to take.

"The Board of Elections doesn't have to actually make this decision," he said. "If someone took issue with the way offices were sworn in, they would file a petition with the court. I'm here just offering my counsel to the board and the public. This is the way the election code is operating.