There were several questions raised at the committee meeting, so here is information that may help.
Like almost all offices in Ohio, the only legal requirement to be elected or appointed county treasurer is to be a registered voter. There is no requirement that they know how to add and subtract. This also applies to county auditor, state auditor, state treasurer, the board of elections, and many other offices. An 18 year old who registers to vote is immediately qualified to be governor. Knowing how to read and write would help, but it's not required. Only a few offices like county engineer have specific qualifications or other restrictions on candidates before election or appointment.
But for treasurer, there are continuing education requirements, and special provisions for a new treasurer appointed in mid-term. It is detailed in the County Treasurer Manual on pages 3 to 6 (of 279), and in Ohio Revised Code section 321.46. Here they are:
Although the classes are scheduled for the time between the election and the start of the new term, it says “Similar initial education programs may also be provided to any county treasurer who is appointed to fill a vacancy or who is elected at a special election.” It's in Section A. So it is not necessary to wait for the next regularly scheduled classes.
Investment authority is limited in Sections E and F until the education requirements are met. “...this authority is transferred to the county's investment advisory committee until full compliance with the initial education programs is determined by the treasurer of state” and “...shall invest only in the Ohio subdivisions fund pursuant to division (A)(6) of section
of the Revised Code, in no load money market mutual funds pursuant to division (A)(5) of section
of the Revised Code, or in time certificates of deposit or savings or deposit accounts...” The authority is transferred back to the treasurer when the classes are completed. The investment advisory committee is on page 265 of the manual (274 of the PDF file).
Several people questioned the need for a special election, since Damon Alt has more than two years left in his term. But there is less than two years for the election date. It is in Ohio Revised Code section 305.02, which I sent out on Monday. Section A says “If a vacancy in the office of county commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner occurs more than forty days before the next general election for state and county officers, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election.”
Translated, that means the 2019 election does not apply, since it is local offices, not state or county. So the next available election to fill the vacancy is November, 2020. But that is the date for the election for the full term. Therefore, there is no special election for the unexpired term. Whoever the committee appoints will serve until Damon's term ends in September, 2021, although they will need to file as a candidate in December, 2019 if they want to be elected to a full term. Here is the relevant law:
There was a question about absentee or proxy voting. It is not possible. Section C says “A majority of the members of the central committee present at such meeting may make the appointment.” (See the note from the county prosecutor above.)
I neglected to mention that the Board of Elections seat is selected by the Executive Committee, while the Treasurer is selected by the Central Committee. It is the same membership in Seneca County, but not some other counties.
Here is the specific language about how we can raise and spend money for judicial candidates: “OHIO CODE OF JUDICIAL CONDUCT RULE 4.4 (C) (3) Campaign Solicitations and Contributions.
The campaign committee of a judicial candidate shall not knowingly solicit or receive, directly or indirectly, for any political or personal purpose any of the following: A contribution from a political party unless the contribution is made from a separate fund established by the political party solely to receive donations for judicial candidates and the political party reports on the contribution and expenditure statements filed by the party the name, address, occupation, and employer of each person who contributed to the separate fund established by the political party.”
For anyone concerned about the email that went out Monday, November 26, I would like to point out that I routinely list any and all declared candidates for any appointment. If there are multiple candidates, I list them alphabetically. If you keep the old emails, here are several examples, which I will forward on request.
January 5, 2010 meeting notice
February 15, 2010 sheriff appointment meeting and Lincoln Day attendees
December 4, 2012 four for Board of Elections deputy director - meeting tonight
April 19, 2014 agenda for Saturday appointment to Board of Elections
June 4, 2014 candidates announced for re-organization and appointment
If you have any questions about any of this, do not hesitate to contact me by replying to this email or calling 419-447-7205.
Best wishes for a Merry Christmas and a Happy New Year.
David W. Koehl
Chairman, Seneca County Republican Party
Member, Seneca County Board of Elections