CLEVELAND, OH – The “authorized by law” procedure to withdraw the council reduction petition the committee that Westlake resident Tony George financed, and Garfield Heights resident Aaron Phillips met with Bill Ritter to end, is identified in section 3519.08(A) of Ohio’s Revised Code. It’s in plain English and reads as follow under the heading, “Withdrawal of petition – ballot procedure.”
“Notwithstanding division (I)(2) of section 3501.38 of the Revised Code, at any time prior to the seventieth day before the day of an election at which an initiative or referendum is scheduled to appear on the ballot, a majority of the members of the committee named to represent the petitioners in the petition proposing that initiative or referendum under section 3519.02 of the Revised Code may withdraw the petition by giving written notice of the withdrawal to the secretary of state.“
January 7th was the 70th day before the March 17, 2020 primary election Ritter and his bullshit Clevelanders First “organization” used 22,000 residents for to help George intimidate council to acquire something of value. The date of the committee’s withdrawal announcement was January 31st and serves as evidence of the disparities with the January 9th deadline.
Now that Ritter has publicly-described a procedure he’s following to withdraw the petition that’s not authorized by law or in the language of any Title 35 chapter or section of the revised code, and he has neither the authority to create a new procedure nor suspend R.C. 3519.08(A), it’s the Cuyahoga county prosecuting attorney’s duty to inform the elections board that the committee has no further authority and the election must go forward.
Chapter 7 and Section 15 of Cleveland’s charter clearly identifies that Ohio’s “General laws to apply” as it pertains to the conduct of elections. There is no withdrawal process for the petitions in the 14 sections of Cleveland’s charter that instructed the committee only on how many signatures were needed, how to structure the committee and who to deliver the petitions to after they gathered the signatures. Section 15 of Cleveland’s “constitution” or “charter” reads as follows:
“All elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general law of the State;and the provisions of the general election laws of the State shall apply to all the elections except as provision is otherwise made by this Charter, and except further that the Council may, by ordinance, provide measures to promote and insure the purity and integrity of the ballot, and against corrupt practices in elections.”
The only “general law” instructions applicable to the committee on the day of Ritter’s January 31st announcement was the January 7 deadline he missed 22 days before he announced he and the other criminal schemer’s intend to violate. According to one published report, Clerk of Council Pat Britt intends to exceed the duties of the office by accepting the withdrawal; but she can’t. The clerk of council’s only duties are in Section 57 of the city’s charter. That heading reads, “Ordinance Certification and Submission for Vote.”
“Upon receipt of the certificate and certified copy of the proposed ordinance, the Clerk shall certify the fact to the Council at its next regular meeting. If an election is to be held not more than six months nor less than sixty (60) days after the receipt of the Clerks certificate by the Council, the proposed ordinance shall then be submitted to a vote of the electors of the City. If no election is to be held within the time aforesaid, the
Council may provide for submitting the proposed ordinance to the electors of the City at a special election to be held not sooner than sixty days after the receipt of the Clerk’s certificate. If a supplemental petition, signed by five thousand (5,000) qualified electors, in addition to those who signed the original petition, be filed with the Clerk asking that the proposed ordinance be submitted to the voters at a time indicated in such petition, the Council shall provide for a special election at the time. The sufficiency of any such supplemental petition shall be determined, and it may be amended in the manner provided for original petitions for proposing ordinances to the Council. If no other provision be made as to the time of submitting
a proposed ordinance to a vote of the electors of the City, it shall be submitted at the next election.”
As no “withdrawal duties” have been assigned to Cleveland’s clerk of council, Britt can’t create any and accept Ritter’s withdrawal should he ask her because the authorized by law official for accepting his request is the Secretary of State. Should she accept the petitions Britt would criminally obstruct the state’ s top election official, Frank LaRose, from performing his duties. She would also commit an offense against public administration by violating the “rights” of the state’s top election official.
What published reports revealed from the news conference was that Zack Reed, a deputy of the secretary of state, is assisting the committee in obstructing the authority of his boss; an act that should result in is criminal prosecution under R.C. 2921.44(e) for dereliction of duty. Reed should have obtained a degree in something during his 16 years on council; or perhaps read and mastered the Revised Code he was administered 4 oaths as an elected official and one as an official of the state to obey.
Ward 1 Joe Jones’ presence is also troubling as an official who was once convicted for bribery in what’s now appearing to be a conspiracy of “duty exceeding” officials violating numerous sections of Ohio’s laws. Jones’ only authorized role in the initiative process is found in Secton 57 of the Charter he’s ignoring. Council can only “vote” to schedule the elections once the clerk has certified the receipt and sufficiency of the signatures.
His presence is evidence of a role in a election-obstructing conspiracy outside the limits of the public office he swore to Ward 1 voters “this time” he wouldn’t fuck up after they trusted him. Jones is another non-reader like Reed who should have spent his previous council and subsequent prison time “studying.” Here we go again, Joe, and we just had this conversation that citizens can’t trust this generation of politician’s words. Disruptive Bolshevik anarchism is expected of Slovenian American Michael Polensek.
Embedded in the scheme to thwart the election appears to be anarchist and chronic Black voting rights violator Kevin Kelley. Published reports have explained that he’s agreed with the non-public negotiations and will review a study should one ever materialize about any changes that should be made to the council. He should have long ago been investigated by Supreme Court of Ohio Disciplinary Counsel Scott Drexel for his knowing acts as an attorney outside the law. In his “official role” pursuant to the city’s charter Kelley is supposed to ensure the election is held. The fact he’s not reflects his conflicted personal interest in not losing more than $30,000 a year in taxpayer paid wages on his $87,000 salary.
Retired Cleveland municipal court judge Ron Adrine did refer this writer’s criminal complaint against Kelley in 2017 to the city’s chief prosecuting attorney, Barbara Langhenry, after this violator of Black voting rights previous obstruction of 22,000 registered voter signers of a referendum petition. They didn’t want $88 millon spent to renovate the Quicken Loans Arena for Dan Gilbert. Kelley’s petition obstructions are just another modern day anti-Black race riot against this nation’s Black pre-Civil War and Protestant majority.
Phillips is a former assistant prosecuting attorney with knowledge of the Revised Code. He knows Ritter’s involvement in a statutory process gave him the duties of a quasi-public official that comes with an oath to obey Title 35. The same for George as a funder and every other involved co-conspirator. The clergy have done no wrong in their discussions as none play an “official” role with the committee or government. Phillip’s role as a member of the clergy is understood.
Should Ritter proceed with his scheme to violate R.C. 3519.08(B)(1)(2)(3), and conspire with one of the Secretary of State’s deputies to obstruct Title 35, the investigation Ohio Attorney General David Yost will launch after he’s noticed will put him a place he doesn’t want to be. Ritter should have read the following before his news conference.
“(B) After a majority of the members of the committee named to represent the petitioners gives notice to the secretary of state that the petition proposing the initiative or referendum is withdrawn under division (A) of this section, all of the following shall apply: (1) If the Ohio ballot board has not already certified the ballot language at the time a majority of the members of the committee gives the written notice of withdrawal, the board shall not certify ballot language for that proposed initiative or referendum to the secretary of state. (2) The secretary of state shall not certify a ballot form or wording to the boards of elections under sections 3501.05 and 3505.01 of the Revised Code that includes ballot language for that proposed initiative or referendum. (3) The proposed initiative or referendum shall not appear on the ballot. (C) No petition that has been filed, and subsequently withdrawn under this section, may be resubmitted.”
What’s clear in the news conference is that there were non-public meetings between officials of a statutorily-authorized petition committee and individual members of council about a obstructing the initiative through a process that is not authorized by law; and for personal gain. Joe Jones’ presence shouldn’t have been anywhere near this vote-obstructing shit as someone who benefits from the voting rights struggles of his ancestors. Regardless of his personal motivation, no Black politician should align themselves with any effort to disenfranchise Black voters in a majority Black city.
Every “individual” member of the legislative body has a “financial interest” in the obstruction of Ritter and George’s initiative petition; and the body’s silence on the potential obstruction of the Secretary of State’s duties is evidence of their involvement. Every single member of this “anarchist controlled legislative body” should be demanding the enforcement of the Charter and Revised Code and call for the election instead of criminally-conspiring under the color of law to use “weakened and flawed” Americans to obstruct the voting rights of this city’s 230,000 Black majority. This is exactly the type of personally-motivated conduct Congress is impeaching President Donald Trump over. Using his office for personal gain.
U.S. Senator Joe Biden and former President Bill Kennedy are getting dogged for the 1994 Violent Crime and “Law Enforcement Control Act” but this generation doesn’t know it’s a law “we” wanted as Negroes. 18 U.S.C. 241 and 242 had previously been misdemeanors. Law enactment and enforcement are associated with the Jones, Reeds, Polensek and Kelley’s “official duties.” Their duty is to protect and not obstruct rights whether they like the right a citizen has or not.
Biden and Clinton upped penalties for “conspiracies” against rights “under the color of law” to felonies with 10 years in prison and the death penalty if a citizen whose rights were deprived by an officer of the law dies. The letter to Cleveland officials from Vanita Gupta through U.S. Attorney General Eric Holder warned that the two federal laws applied “up the ladder.” 18 U.S.C. 241 reads as follows and was referenced in former President Barack Obama’s investigation of Cleveland’s entire criminal justice apparatus. “Conspiracy against rights” is the heading.
“If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”
If the anarchists at the board of elections obey Title 35, and don’t themselves seek to obstruct the secretary of state’s authority, Ritter’s going to be told “no” on Monday or should know soon that the council reduction election is going forward. Copies of this article have been shared with all the named state and federal officials.