The Supreme Court of Ohio has decided not to halt the upcoming general election for Butler County auditor, nor will it reinstate former auditor Roger Reynolds to his position. This decision comes after a 6-1 ruling rejecting Reynolds' request to serve the remainder of his term, which runs through March 2027.
Reynolds, who had been serving as auditor since 2008 and was reelected in November 2022, could not assume office in March 2023 due to a felony conviction that barred him from holding public office. Nancy Nix was appointed to fill the vacancy created by Reynolds' ineligibility. A special election is scheduled for November to determine who will serve the remaining three years of the term.
In May 2024, Reynolds' conviction was overturned by the Twelfth District Court of Appeals. However, in a per curiam opinion, the Supreme Court ruled that county officials followed state law when appointing Nix and that Reynolds is not entitled to be reinstated. The court acknowledged that while the reversal of Reynolds’ conviction makes him eligible for future public office, it does not grant him the right to resume his previous role immediately.
Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer, R. Patrick DeWine, Melody Stewart, Jennifer Brunner, and Joseph T. Deters supported the majority opinion. Justice Michael P. Donnelly dissented, arguing that since Reynolds' conviction was overturned, he should be allowed to assume the office he won in an election.
“Because Reynolds is competent to hold office and because he was democratically elected by the citizens of Butler County... I would conclude that continued service by [Nancy Nix] would contravene the will of Butler County’s voters,” Donnelly wrote.
Reynolds initially vacated his position following a December 2022 guilty verdict for having an unlawful interest in a public contract—a fourth-degree felony under R.C. 2961.01(A)(1). His appeal led to an eventual acquittal by order of the trial court after higher courts declined further review.
Following his exoneration, Reynolds requested Nix step down but resorted to filing a writ of quo warranto when she refused. This legal instrument is used to challenge someone's right to hold public office.
The Supreme Court emphasized that although Reynolds is now legally competent to hold office again due to his overturned conviction, existing laws (R.C. 305.02) dictate how vacancies are filled and do not allow for retroactive reinstatement once an appointee has taken over.
The case citation is State ex rel. Reynolds v. Nix, Slip Opinion No. 2024-Ohio-4669.