Ohio Secretary of State Frank LaRose will not issue an opinion on whether elections for Newton Falls' 1st and 3rd Ward council seats should be held in 2021 or 2020. Barring any legal challenges, the 2021 date set by a vote of the Trumbull County Board of Elections stands.

"This is considered a local issue," said Maggie Sheehan, spokesperson for LaRose, when contacted by 21 News. "It's been deferred to the board of elections."

Stephanie Penrose, Trumbull elections director, had asked the secretary for his opinion after the board's vote, even though the community's law director determined that Newton Falls' charter requires the vote in 2020.

The question appears to have become a hot-button issue. Council had selected Zachary Svette and former Mayor Lyle Waddell to fill the unexpired 1st and 3rd Ward terms, respectively.

Waddell, who had been mayor, resigned to take the council post. At last week's council meeting, several residents angrily challenged the interview process and questioned its legitimacy. Council members responded they "followed the charter" and held interviews before casting their votes.

During that meeting, Councilman John Baryak (D-2nd ) made a motion to take the matter directly to court, but could not get anyone to second it. Svette and Waddell had recused themselves from the vote.

Law Director A. Joseph Fritz cited a charter requirement that "the individual filling the vacancy shall be appointed only until a general election can be held for the office" in issuing his opinion that 2020 is the proper date.

However, William Danso, assistant Trumbull prosecutor and chief of the civil division, wrote that the same sentence "appears to be subject to two reasonable interpretations."

Although Danso said the board could have relied on Fritz' interpretation, which the county would defend should there be litigation, he, too, deferred to the board's vote for 2021 elections. "We would defend that course of action," Danso wrote.

Council's next regularly scheduled meeting is November 18.