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2012 Sunshine Law Manual - No Appendices

2012 Sunshine Law Manual - No Appendices

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Published by Mike DeWine

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Published by: Mike DeWine on Mar 26, 2012
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03/05/2013

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Unless a particular statute requires a specified method of voting, the public cannot insist on a
particular form of voting. The body may use its own discretion in determining the method it will use,
such as voice vote, show of hands, or roll call.837

The Open Meetings Act only defines a method of
voting and requires a vote by roll call when a public body is adjourning into executive session.838

The

Act does not specifically address the use of secret ballots; however, the Ohio Attorney General has
opined that a public body may not vote in an open meeting by secret ballot.839

The Open Meetings

Act declares that its provisions shall be liberally construed to require public officials to take official
action and conduct all deliberations only in open meetings unless the subject matter is officially
excepted by law. Voting by secret ballot contradicts the openness requirement by hiding the
decision-making process from public view.

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