UPDATE 9/7/10 @ 6:30p.m.
PORTSMOUTH, Ohio (WSAZ) -- Portsmouth Mayor Jane Murray’s job is safe -- for now.

After Tuesday's recall protest hearing, which was initiated by the mayor, the Scioto County Board of Elections voted to invalidate the recall petitions signed by hundreds of residents. Those petitions would have put a "keep or oust the mayor" vote on the upcoming November ballot.

This victory for the mayor hasn't ended the war.

The four-member Scioto County Board of Elections was unanimous in its decision to sustain Murray’s protest and throw out the recently verified recall petitions. They were petitions that would have allowed voters to decide if Murray might make an early office exit.

"Early on there were naysayers, but many have become supporters," Murray said. "I hope they're ready to get on board and go positive."

Murray’s lead lawyer gave the board more than a dozen reasons he believed the recall petitions violated the city charter or Ohio state law.

Attorney Corey Polumbo noted problems with signatures dates and verification. He called Jo Ann Aeh as the only witness, accusing the long time Portsmouth city clerk of conflict of interest.

Aeh did verify the nearly 1,200 petition names, while notarizing for some of those names. But she denied any intentional interjection or conflict of interest.

In the end, the board denied most of the mayor’s protests, but upheld a problem with verifying four signatures and dates that eliminated an entire petition page. Making the overall petition 15 names short of the minimum required.

The city clerk admitted a minor mistake that if caught would have removed four names, not the 38 that shot the whole recall down.

“Even still, the mayor's lawyers might have said that mistake would invalidate the whole recall," Aeh said. "I've never had this happen.”

Any new fresh recall would not be done in time for the November ballot. Nevertheless, the committee to recall the mayor organizer says he'll start on Wednesday with recall round two.

"It’s too bad we will now have to have a special election and all that expense, but it has to be done," recall organizer Tom Bihl said.

Murray says she was elected to make major changes and -- with change -- comes challenges.

Aeh says in her 22 years in office, she's handled 21 recalls. Six of those went to the ballot, and three office holders were removed. Aeh says until now, not one recall petition was questioned after verification.

This means there will not be a recall election in November.

38 names on the petition were thrown outby the Scioto County Board of Elections, so that meant the recall is short 15 names short.

The group that's trying to recall Mayor Murray says it'll start over again.

Because time is a factor, if an attempt is made for another recall, it would have to be a special election and would not make it in time for the November election.

WSAZ.com's Randy Yohe will have more on this tonight at Five and Six on WSAZ NewsChannel 3.

The hearing is taking place before the Scioto County Board of Elections.

Last week, Mayor Jane Murray sent a letter to the Board of Elections saying there were numerous problems with the recall, including improper notarizations, conflicts with the city clerk, and improper signatures.

Two weeks ago City Council voted to put the recall on the November ballot after getting word from the City Clerk the petitions were valid.

Tuesday’s hearing is expected to last most of the day.

Portsmouth City Clerk Jo Ann Aeh is one of the people testifying.

We’re told the Board will render a decision Tuesday.

The mayor's comment -- made here on WSAZ.com -- sparked community uproar and more corruption claims.

Under fire since taking office from several sides and facing a November recall, Mayor Jane Murray's accusing response is still the talk of the town.

“This is probably the most corrupt city and corrupt government I’ve ever seen,” Murray said.

Portsmouth Police Chief Charles Horner says he investigates criminal wrongdoing. The chief, who basically works at the pleasure of the mayor, says his boss needs to basically put up or shut up.

“It’s highly improper for anyone to make allegations of corruption unless they are reported,” Horner said. “It's the law to report a felony. If you want to know if this was real or rhetoric, ask the mayor.”

The mayor said her corruption claim is real, not rhetoric, but she's not ready to get specific -- yet.

"With my experiences in office, I know things, but it has to be given to the right authorities, and when I'm ready to do that, I'll do that," Murray said.

After the caustic comment by the mayor, City Councilman Richard Noel, who supports the mayor, talked at a council meeting about his own corruption probe. He said he would not go on camera until he had his evidence ready.

Noel did tell WSAZ.com he stands by his remarks to the newspaper, saying, "The things I know can't go to local law enforcement, or judges, or the solicitor -- it has to go to the Feds, and someone will go to the penitentiary."

"I challenge him to bring it forward, it only hurts the community to make wild or absurd statements about corruption if the evidence does not exist," Horner said.

Murray blames -- in part -- subversive, underground Internet blogging with fanning the flames of city corruption.

The ordinance will now go to the election commission to be included on the November ballot.

Last week, the city clerk verified there were enough signatures on a recall petition to challenge the Mayor’s job.

Murray has been in office less than a year.

The meeting came just a few days after the city clerk verified signatures on a recall petition for Murray's job.

Even though the recall was not on Monday's agenda, the undercurrent was evident in what Murray described as "probably the most corrupt city government I've seen."

She added that she has no intention of resigning.

"I have calls and people stop in my office everyday saying they support me and continue to, and they'll work just like they did on my campaign," Murray said.

Councilman Richard Noel said, "She has, in my opinion, done an excellent job under the circumstances. Her budget has been cut to bare bone."

Fellow Councilman Nicholas Basham said, "As council, we have no choice but to put it (a forced reelection) on the ballot because that's the way our charter is set up. So it was issued from the citizens."

The recall petition gave Murray an opportunity to immediately resign of face a forced reelection in November. Murray emphasized that the decision will be left to the voters.

That means voters will have the chance to vote on the recall in the November election.

Murray now has five days to resign, however, she says that won't happen.

"It's not about policy, it's a game and the game is get Jane Murray. I stand by every decision I've made," Murray said. "This is probably the most corrupt city government I've seen."

She also says she's not playing games with city council, a group that Murray says rejected her balance budget proposal and instead put the city in the red, at $4 million and growing.

"This is council's budget deficit. Council will take the responsibility, not me. I'm working every day, we must replace infrastructure," Murray said.

When asked about the revolving door of administrators on her staff, including the recently departed Multi-Department Chief Jeffery Peck, Murray said, "He was so vilified, I've never seen anything like it. The council basically ran him off."

Municipal judges and so many more are pleading to replace the crumbling Portsmouth City Hall. Mayor Murray says no; the only choice is to repair, not replace. "We have to make do," Murray said. "This roof should have been replaced years ago, it was not done on purpose."

Portsmouth Police Chief Charles Horner says he wants to look closer into Mayor Murray's government corruption comments, to see if an investigation is warranted.

That’s what defiant Portsmouth Mayor Jane Murray says about the recall effort underway to possibly remove her from office.

Meanwhile, the city clerk says she close to certify the names and petitions turned in on Monday.

Murray has refused any comment on the recall -- until now. The mayor says she was elected last November to make changes in the troubled river city. She says she wouldn't change a thing she's done, except may slow it down some.

She blames the anti-Jane Murray sentiment on misinformation, city corruption and just plain meanness. But it looks like Portsmouth voters will decide on the mayor's future in office this November.

Portsmouth City Clerk Jo Ann Aeh says there are 300 more signatures than needed to put the recall vote on the November second ballot. Aeh says she's well into checking the validity of those petitions and signed names turned in Monday, and, so far -- all is in order.

We asked Murray about the challenges she's faced since taking office.
She said the citizens of Portsmouth don't know the truth, saying they've been fed politically slanted misinformation from the underground Internet -- even the mainstream media.

And she proudly stands 100 percent behind her tumultuous tenure as mayor. Murray says she stands by everything she’s done. She added that she's never seen more corruption and meanness in any place she’s been and she says she’s not used to that.

If and when the recall petitions are certified (possibly as early as Wednesday), Murray will have five days to resign. The mayor says she's not a quitter and will not resign.

Once the recall is on the ballot, removal from office requires a simple majority -- anything more than 50 percent of the vote. And there are also petitions circulating in Portsmouth to recall third ward City Councilman Nick Basham.

This is not Portsmouth’s first mayoral recall vote. Mayor Greg Bauer faced a recall back in 2004, and voters removed him from office.

"They bring them back to me, and I start the checking process," says JoAnn Aeh, Portsmouth's city clerk. "If they are successful, then I notify both council and the mayor. She (Murray) has 5 days to resign. If at the end of five days, she has chosen not to resign, then council has to set an election that can be not be any sooner than 40 days from resigning and no more than 90 days."

First Ward Councilman Kevin Johnson tells WSAZ.com the recall papers were taken out by former Portsmouth Police Chief Tom Bihl.

Mayor Murray has a long history of disagreement with members of local government.