In November 2024, Nelsonville voters chose to abolish the city’s charter and return to a statutory form of government. Issue 23, a citizen-led initiative to replace the charter with the state’s mayor-based system, passed with about 70% of the vote.
A city charter functions like a constitution, defining a city government’s powers, limitations and procedures.
Jonathan Robe, attorney and law director for Nelsonville, said the movement to abolish the charter largely centered on restoring a mayoral system.
“My observations of a lot of the political discourse really centered around the people in favor of abolishing the charter wanted a mayor,” Robe said. “The Nelsonville city charter right now doesn’t have to be this way; it could have a mayor, but it has a city manager who is hired and fired by the council. Obviously, a mayor is elected by the people.”
Robe said there was debate about the proper legal process for putting Issue 23 on the ballot.
“The citizens committee argued that Issue 23 should be put on the ballot under the Nelsonville Article 10 charter procedures, while in court, the city again argued ‘no, it should go on the ballot under Article 18 of the Ohio constitution,’” Robe said.
A lawsuit followed as the city and citizens disagreed on which article should govern the vote. Robe said the courts ultimately sided with the citizens committee, allowing the issue to proceed under Article 10 of the Nelsonville City Charter.
Although Issue 23 passed, the charter remains in effect until January 2026. The Ohio Supreme Court also ruled candidate names would still appear on this November’s ballots.
Before the Supreme Court’s decision, the Nelsonville City Council moved to challenge Issue 23. Robe said because Issue 23 was passed under Article 10 of the city charter, the council had the authority to treat it like any other piece of legislation.
“Any ordinary legislation passed by the council is subject to future amendments or even outright appeal, so the problem is that anything put on the ballot under Article 10, the council could amend or even flat out repeal,” Robe said.
Robe said the council’s repeal placed the measure in an awkward position.
“An ordinance passed by the council is valid unless or until the court strikes it down,” Robe said. “The Supreme Court did not strike down Ordinance 54-25, repealing Issue 23, that leaves Ordinance 54-25 in place. That is the law of Nelsonville, that Issue 23 is abolished.”
He added that a candidate of Issue 23 has filed a lawsuit challenging the repeal.
Robe said he expects significant litigation to follow, potentially involving dozens of related lawsuits.
“The Supreme Court said, ‘Oh, it doesn’t really matter whether Issue 23 is repealed or not, the city can’t force the Board of Elections to take these candidacies off the November 2025 ballots,’” Robe said. “They did not decide the validity of Issue 23 or the appeal of Issue 23. They just said these all stay on the ballot.”
Robe said the decision could create confusion, resulting in competing city council members taking office Jan. 1.
He said the only resolution will likely come through further court action, with each side claiming legitimate authority.
“Because the Supreme Court did not rule Ordinance 54-25 repealing Issue 23, it remains the law of Nelsonville,” Robe said. “The only way that any of these issues get resolved is through protracted, extensive litigation where they will be dueling councils, dueling governments.”
Nelsonville residents’ effort to return to a statutory government might have instead left the city without a clear governing structure.
“Part of the problem is when you have dueling governments, what that really means is you don’t have a government,” Robe said.
