In a ruling on September 27, 2024, the Ohio Supreme Court decided 6-1 to allow Nancy Nix to remain in her position as Butler County Auditor. The decision came after former auditor Roger Reynolds' legal challenge to regain the office, which he had vacated following a felony conviction.
WCPO reported that the court’s decision confirmed Nix’s right to continue serving as auditor despite Reynolds’ attempts to remove her.
Reynolds, who had held the position prior to his departure, filed the lawsuit on September 3, 2024.
He argued that he was wrongfully removed from office and sought to reclaim the position, alleging that Nix was unlawfully holding the role. However, the court sided with Nix, with Chief Justice Sharon Kennedy issuing the order that denied Reynolds’ challenge.
Reynolds’ legal troubles began in February 2022, when he was indicted on five counts, including charges of bribery. By July 2022, an additional felony charge had been added to his case, relating to his alleged misuse of public funds for a private golf academy project.
In December 2022, Reynolds was found guilty of one count related to the Lakota Schools issue but was acquitted on development-related charges.
As a result of the guilty verdict, Reynolds vacated the auditor's office, although he had been elected for a term running until March 7, 2027. This conviction led to Nancy Nix assuming the position of Butler County Auditor.
Despite his conviction being overturned by the Ohio Supreme Court earlier in 2024, Reynolds was unsuccessful in persuading the justices to remove Nix and reinstate him to the auditor’s office. Chief Justice Kennedy’s ruling maintained that Nix had a legal right to continue in her role.
Reynolds, through his attorney, claimed that Nix was unlawfully holding the office and had no legitimate claim to it. “Usurping, intruding into, or unlawfully holding or exercising a public office” was how Reynolds described Nix’s actions in his legal filings. However, neither Reynolds nor his attorney could be reached for comment after the court’s ruling.
The court’s decision was supported by Butler County Prosecutor Mike Gmoser, whose team had advocated for Nix to remain in the auditor role. Gmoser’s involvement strengthened Nix’s position throughout the legal proceedings, as Reynolds faced increasing opposition to his attempt to return to office.
Justice Michael P. Donnelly was the sole dissenting voice in the 6-1 decision. Donnelly argued that since Reynolds had been democratically elected by the citizens of Butler County, he should be allowed to serve his term until March 2027. “Because Reynolds is competent to hold office and because he was democratically elected… I would conclude that reinstating Reynolds… would safeguard their interests,” Donnelly wrote.
For Nix, the court’s decision was a welcome relief. Following the ruling, she expressed gratitude that the ordeal was finally over. “I’m so happy, this has been so stressful for the office and myself and my family. Wow, what a relief,” she said.
The legal battle had placed a significant burden on Nix and her family, as well as her responsibilities as auditor. She noted that Reynolds’ attempts to regain the position were deeply concerning to her and her team. “It’s unconscionable, he’s lost his soul. We’re thrilled to put it behind us and move on,” Nix added.
Reynolds had a rocky tenure as Butler County Auditor, with legal issues that began in early 2022. His indictment and eventual conviction on charges related to misuse of public office led to his departure from the role, despite his re-election just a month after his indictment.
Nix stepped into the role following Reynolds’ conviction, and the Ohio Supreme Court’s latest decision allows her to continue serving in that capacity.
Although Reynolds was exonerated of criminal wrongdoing earlier this year, the court’s refusal to reinstate him effectively ends his hopes of returning to office. The 6-1 decision provides a clear path forward for Nix, as she focuses on fulfilling her duties without further challenges to her position.
