Village Must Submit Data Center Referendum to County Board of Elections

The Supreme Court of Ohio has mandated that the village of Ashville submit a referendum petition to the Pickaway County Board of Elections. This petition seeks a public vote on the village's tentative agreement with EdgeConneX to construct two data centers and a natural-gas power plant. Village fiscal officer April Grube had previously refused to certify the petition, citing the village's emergency declaration for the agreement and arguing it was an administrative action not subject to referendum.

The Court, in a per curiam opinion, found that Ashville's resolution declaring an emergency lacked specific reasons required to exempt it from referendum. Therefore, Grube did not have the authority to deny the petition on those grounds. The Court ordered her to submit the petition to the Board of Elections for consideration for the Nov. 3 general election ballot.

However, the Supreme Court clarified that its decision does not guarantee a public vote. The Pickaway County Board of Elections retains the authority to determine whether the village's resolution constitutes an "administrative action," which under the Ohio Constitution would not be subject to a referendum, or a "legislative action," which would. Justice Jennifer Brunner concurred, suggesting an expedited schedule to address the administrative versus legislative action question. The Court took no position on this fundamental issue, noting that the board's decision can be further challenged in court. The resolution also stated that a previously enacted data center moratorium in the village would not apply to the EdgeConneX project.