LISBON - A Columbiana County commissioner still is worried people may vote against renewal of the 1 percent county sales tax because of misleading ballot language.

"From the things we're hearing, some people are confused," said Commissioner Jim Hoppel at Wednesday's meeting.

Nowhere in the ballot language does it state the sales tax is either a renewal or continuation of an existing tax, which it is. Instead, the ballot refers to the tax as being for "additional" revenue, leading some to believe it is a new tax.

The election is Tuesday, but about 2,000 voters have cast absentee ballots.

Some of those voters have expressed their confusion to commissioners.

Hoppel said previously they are prohibited by Ohio election law from using the words "renewal" or "continuation" in the ballot language even though they are seeking renewal of an existing sales tax, an opinion shared by the county prosecutor's office. But in the May 2005 primary election, when the tax was last up for renewal, the ballot language clearly stated this was for "continuation" of an existing tax.

County Elections Board Director Kim Meek said they followed the recommended ballot language as set forth in the 2009 guide issued to them by the Ohio Secretary of State's office. The guide includes a sample copy of how the sales tax issue is to appear on the ballot, which the elections board followed in drafting the ballot language.

"We just followed the rules," Meek said.

Adam Booth, deputy director of the county elections board, said previously he doesn't know why they used the word "continuation" in the sales tax ballot language in 2005. Neither Booth nor Meek were board employees then, with Meek hired in 2008 and Booth just nine months ago.

Kevin Kidder of the secretary of state's office said last week their staff did review and approve the ballot language, and the elections board has done nothing wrong. But he also said that although state law doesn't allow for use of "renewal" or "continuation" in regard to sales taxes, they might have considered allowing it had they been asked.

Contrast this to the situation in neighboring Mahoning County, where the sheriff's office is investigating the elections board for using the same "additional general revenue" ballot language for renewal of an existing county sales tax. The clerk who prepared the ballot language and the elections board director both were suspended for violating an internal policy requiring proposed ballot language be sent for inspection to the government body that placed the issue on the ballot.

As in Columbiana County, the secretary of state's office said Mahoning County elections officials used proper ballot language. Mahoning County also followed the same sample ballot contained in the secretary of state's election guide.

The elections board is required to make the sample ballots available for public inspection prior to going to print, which they did. Booth said they even went beyond what is required by having published a notice advising the public the sample ballots were available for inspection.

Booth said he and Meek intend to discuss with the board whether to adopt a policy requiring sample ballots be sent to the agencies that place tax issues on the ballot.

"It might not be a bad idea in light of what happened in Mahoning County," he said.