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But he also argues that the Eighth Amendment prohibits the execution of adults under age twenty-one,' they wrote in a court document filed Tuesday.'He cannot have it both ways; if age cannot make one eligible for death, it cannot make one ineligible for death.'The state of Ohio also has told Supreme Court Justice Elena Kagan, who handles such appeals for Ohio, continued delays in Phillips' case are harming the state by costing time and resources.The latest delay request on that issue was filed Tuesday.As he awaited action from the high court, Phillips was being permitted to see family, friends and spiritual advisers and to meet with his attorneys.In city school districts containing, according to the last federal census, a population of one hundred fifty thousand persons or more, the board shall consist of not less than five nor more than seven members elected at large by the qualified electors of such district. Within three months after the official announcement of the result of each successive federal census, the board of education of each city school district which, according to such census, has a population of fifty thousand or more but less than one hundred fifty thousand persons and which elected to have subdistricts shall redistrict such districts into subdistricts.Such subdistricts shall be bounded as far as practicable by corporation lines, streets, alleys, avenues, public grounds, canals, watercourses, ward boundaries, voting precinct boundaries, or present school district boundaries, shall be as nearly equal in population as possible, and be composed of adjacent and as compact territory as practicable.

Ronald Phillips arrived at the Southern Ohio Correctional Facility in Lucasville around am Tuesday, about 24 hours before he is set to die in Ohio's first execution in more than three years.

Phillips has had several previous delays to scheduled executions, most notably in 2013 when he made a last-minute plea to donate his organs. The last execution in Ohio was in January 2014 when Dennis Mc Guire repeatedly gasped and snorted during a 26-minute procedure with a never-before-tried drug combination.

He said he wanted to give a kidney to his mother, who was on dialysis, and possibly his heart to his sister. Governor John Kasich put several scheduled executions on hold.

A certified copy of said resolution shall immediately after its passage be transmitted to the mayor and president of the board of sinking fund trustees of the city or cities in which the district has territory, and such commission shall be appointed and shall organize within sixty days after the passage of said resolution. The commission provided for by section 3313.04 of the Revised Code shall prepare and submit to the electors at the next regular municipal election, if one occurs not less than one hundred twenty days after the passage of the resolution mentioned in such section, otherwise, at the second regular municipal election, two or more plans for the organization of the board of education in such district, but in no event shall less than two plans be submitted.

Each plan shall provide for the number of members, the length of term of the members and the organization of the board; one such plan shall provide for a board of the same number and of the same organization as the board existing in said district at the time of said election.

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