MOUNT VERNON — Robert Kirk has decided to wait and take his day in court, so to speak, in regard to a complaint that was filed against him with the Ohio Elections Commissions.
“Mr. Kirk has decided not to proceed in an action against the city,” said Kirk’s attorney Scott Pullins. “He will simply defend his actions before the Ohio Elections Commission.”
Prosecutors for the Mount Vernon Municipal Court filed a complaint earlier this month claiming Kirk violated election laws in his unsuccessful bid for a seat on the Mount Vernon Board of Education when his campaign accepted monetary contributions from four local businesses.
Kirk’s attorney, Scott Pullins, asked William Smith, Mount Vernon City Law Director and prosecutor for the Mount Vernon Municipal Court, to “cease and desist from its investigation and prosecution of Mr. Kirk and withdraw the complaint that was filed against him with the Ohio Elections Commission.”
Pullins gave Smith until the end of the business day on Dec. 8, to agree to dismiss the complaint or have the city and the law director’s office face litigation for the filing of “this unwarranted and frivolous complaint.”
The next day, Pullins told the News no suit would be filed that day in order to allow the city more time to “review the letter that we provided them and to research the relevant law.”
Two of the contributing businesses to Kirk’s campaign are incorporated and two are limited liability companies.
According to the Ohio Revised Code incorporated companies are not permitted to donate money to election campaigns. However, limited liability corporations are although they require additional information be included in campaign finance reports.
Kirk maintains the contributions to his campaign were unsolicited and he refunded all four donations on Oct. 24 when he realized two of the contributions were not permissible.
Kirk is scheduled to face the OEC on Jan. 21.