Breaking: Dann Will Step Down in August

  • Posted by Eric
  • May 2, 2008

Sources tell me that Marc Dann will step down as Attorney General in August in order to allow Ted Strickland to appoint a successor. The delay is in order to have Dann in office for the time period necessary to trigger an appointment, else there would be a special election. Per Article 3, Section 18 of the Ohio Constitution. I’m not sure I read this section right, so I might have this wrong. I do hear for sure that Dann is done. Timing is all that’s in question at this point. Getting this straight from sources in the Governor’s office.

I also hear that this isn’t the first time that Ted has asked Marc to step down. This would explain this statement from the Governor today.

All that’s left is the cleanup now.

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May 2nd, 2008
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Plunderchat:

Comment Number:
1
Written by:
Eric
Posted on:
May 2, 2008 at 5:07 pm

So, is this too long? I’m of the opinion that we have the special election and do this more quickly. I’m hoping this is actually wrong and it’s much sooner than August!

Comment Number:
2
Written by:
Muscar
Posted on:
May 2, 2008 at 5:18 pm

You are reading it correctly, but because there is more than a year left in the term the special election will then occur in November 2009.

Comment Number:
3
Written by:
Pho
Posted on:
May 2, 2008 at 8:17 pm

With the caveat that I’m seriously sleep deprived, I read the section differently. As I read it, as long as the the vacancy occurs more than 40 days before the next even-year election, the appointee has to stand for election to the unexpired term. In Ohio we don’t do odd-numbered years special elections for state officers. While there is talk of a “successor” in the Amendment, the person appointed can run to be that “successor.”

I saw a reference elsewhere on the web that he has to be in office a year an a half to allow Strickland to appoint. I can’t find a reference to that in the Constitution or revised code and it’s inconsistent with the timeline you are hearing.

Apologies for pimping my work, but I’ve blogged about it here:
http://phosnorkapages.blogspot.com/2008/05/dumping-dann-what-comes-next.html

Comment Number:
4
Written by:
Scott Pullins
Posted on:
May 2, 2008 at 8:55 pm

Here’s my take on it. If Dann resigns less than 40 days before the November 2008 election, the Governor appoints a person that will serve the rest of his term without having to run for the remainder of it.

The Gov’s office probably got August, 75 days before the election day, confused with late September, 40 days before the election day. 75 days is the usual filing deadline and last opportunity to make ballot changes.

Kent Markus, my old law professor and the Governor’s legal counsel, is top notch and he’ll have this well buttoned up by then. I wouldn’t even be surprised if Kent got the appointment.

Comment Number:
5
Written by:
NixGuy.com » Dann Resignation Timed for Political Effect
Posted on:
May 3, 2008 at 9:44 am

[…] Plunderbund has the story: Sources tell me that Marc Dann will step down as Attorney General in August in order to allow Ted Strickland to appoint a successor. The delay is in order to have Dann in office for the time period necessary to trigger an appointment, else there would be a special election. Per Article 3, Section 18 of the Ohio Constitution. I’m not sure I read this section right, so I might have this wrong. I do hear for sure that Dann is done. Timing is all that’s in question at this point. Getting this straight from sources in the Governor’s office. […]

Comment Number:
6
Written by:
Brian
Posted on:
May 3, 2008 at 12:45 pm

I don’t think he’ll last that long. Don’t think he should either.

Comment Number:
7
Written by:
Ben Keeler
Posted on:
May 3, 2008 at 2:02 pm

If they really keep him around just to avoid an election, people will remember that.

There is no way he can stay until August.

Comment Number:
8
Written by:
Eric
Posted on:
May 3, 2008 at 2:19 pm

@3: Pimp away. Thanks!

@4: Yeah, math is off. I was just posting what my source told me. It won’t be that long.

@6 & 7: Totally agree.