A recall group that fought for an election to oust Mayor Ron Littlefield is now asking the Circuit Court judge who heard the case to change his mind.
"It's asking the judge to reconsider his opinion," said Jim Folkner of the group Citizens to Recall Mayor Littlefield.
PDF: Memo of Law in Support of MotionPDF: Motion for ReliefPDF Motion to Substitute Counsel:
The group filed a motion Thursday in Circuit Court for Hollingsworth to alter or amend his judgment. Hollingsworth ruled last month that a recall election could not take place because petitioners had not collected more than 15,000 signatures, the number required by state law.
Richard Beeland, spokesman for the mayor, said Thursday he could not say anything about the filing.
"I'm unable to comment because I haven't seen anything," he said.
Hal North, attorney for the mayor, could not be reached for comment. Hamilton County Election Commission Attorney Chris Clem also could not be reached.
The motion filed cites several court cases when asking for the judge's reconsideration. The cases, all from Tennessee, cite instances in which lesser numbers were used to force a recall election.
The petitioners contend they only needed a little more than 9,000 signatures to force the election. But in his ruling, Hollingsworth said more than 5,000 of those signatures were invalid because they were not dated as required by law.
Folkner said he acknowledged it was too late to get the mayoral recall on the Nov. 2 general election ballot. But he said he hoped to force a special election or at least be considered for the next election.
"It's never too late for good government," he said. "It's certainly too late for this election cycle."
WHAT'S NEXT
A hearing has been set to hear the motion at 9 a.m. Monday, Oct. 18, in Circuit Judge Jeff Hollingsworth's courtroom.