ASHVILLE, Ohio — The Ohio Supreme Court has ruled that the Village of Ashville must certify a citizen-led referendum petition challenging a controversial data center agreement, marking a significant victory for residents seeking to bring the issue before voters.
In a decision released Friday, the state’s highest court ordered Ashville Fiscal Officer April Grube to certify the referendum petition to the Pickaway County Board of Elections after determining the village improperly relied on an emergency designation to prevent the measure from moving forward.
The dispute stems from an agreement approved by Ashville Village Council that would allow EdgeConneX to develop a data center in the village. In response, a coalition of residents launched a referendum effort to place the agreement before voters.
The Pickaway County Board of Elections previously verified 669 valid signatures on the petition—nearly 200 more than the number required to qualify for the ballot.
Despite the successful signature verification, Grube declined to certify the petition, arguing that the council’s approval was emergency legislation, which is generally not subject to referendum. She also contended the agreement was an administrative action rather than legislation.
The Ohio Supreme Court rejected the emergency argument, ruling that the resolution failed to include an adequate explanation demonstrating why it qualified as emergency legislation.
The justices concluded that the village could not block the referendum solely because the measure had been labeled an emergency ordinance without sufficient justification.
While the ruling requires Grube to certify the petition, it does not automatically guarantee the issue will appear on the November ballot.
The court directed the Pickaway County Board of Elections to determine whether the agreement constitutes a legislative action—which can be challenged through a referendum—or an administrative action, which is not subject to voter referendum under Ohio law.
The court also instructed the board to treat the petition as having been filed on time, despite the Aug. 5 certification deadline, citing what it described as the “unnecessary delay” caused by the village’s refusal to certify the petition.
The Pickaway County Board of Elections is expected to consider the matter at its next scheduled meeting.
The Ashville case comes as communities across Ohio continue to grapple with proposals for large-scale data centers. Similar citizen-led initiatives have recently advanced in Pataskala and Sunbury, where residents gathered enough signatures to place proposed bans on hyperscale data center developments before voters.
Unlike those efforts, Ashville’s referendum seeks to overturn a specific agreement with EdgeConneX rather than prohibit future data center projects outright.
The Board of Elections’ upcoming decision on whether the resolution is legislative or administrative will determine whether Ashville voters ultimately have the opportunity to decide the issue at the ballot box.
Why the board could still block the ballot issue:
The village’s argument is that the agreement was administrative, meaning council was simply carrying out existing authority rather than passing a new law.
If the board agrees it was administrative, the referendum cannot go forward, even though the signatures were valid.
For example, some government actions involving:
- contracts,
- property agreements,
- development agreements,
- economic development deals,
can sometimes be considered administrative rather than legislative.
The interesting part is that this case could become a precedent for other Ohio communities fighting data center agreements because many municipalities have used emergency approvals specifically to avoid referendum challenges. The Supreme Court’s language about “emergency” actions may make that strategy harder going forward.
