Oops! Ohio Department of Development Director Mark Kvamme and EPA Director may not be eligible to serve in his Cabinet

(HT: ProgressOhio)

[UPDATE]: Attorney Victoria Ullmann testified earlier this week as an opponent to HB 1 (the “RobsOhio” bill).  By all accounts, she is the first person to bring this issue up.  It has caused a scramble in Columbus.  If anyone is responsible for calling attention to it.  It is her.  And she actually first brought this up back in January on her Facebook KasichWatch site.  Nice catch, Victoria!  You definitely were the first to catch this.

Turns out perhaps as many of two members of Kasich’s Cabinet are ineligible to serve under that “anthill” called the Ohio Constitution.

“No person shall be elected or appointed to any office in this state unless possessed of the qualifications of an elector.”  Art. XV, Sec. 4 of the Ohio Constitution

Kvamme is a resident of California.  Also, Kasich’s EPA Director Scott Nally came from Indiana.  Nally likely moved, but he’s not registered to vote in Franklin County, the most likely County he’d live.

Both were appointed as required under R.C. 121.03.  Art. 5, Sec. 1 defines “elector” as a United States citizen, resides in this State, and have been registered in the State for thirty days.

Pretty sure neither apply to Kvamme and Nally.

In 1992, Ohio’s Attorney General wrote a legal opinion for then Governor George Voinovich told the Governor that the act of appointing such a person in violation of Art. XV, Sec. 4, according to Ohio courts, is a “nullity.”  In other words, it’s as if the appointment never happened.  You don’t need a quo warranto legal proceeding to appoint someone else.

Oh, and that Attorney General was … Lee Fisher!  (Revenge!)  (See, Ohio Attorney General Opinion, 92-008)

Well, if their appointment is a nullity, then everything they’ve done is a nullity as well.  In other words…

You remember that air permit that Scott Nally signed that Kasich made such a big deal about?  Yeah, it may not be legally valid.  Any contracts or deals that Kvamme has made as Director of the Ohio Department of Development?  Invalid. 

Oopsies!