Independent Party Candidates are filing Lawsuits in nearly all 88 counties of OH

[Frank Bellamy, MAP Masters of Applied Politics]

Independent Candidate Off Election Ticket
WTAP News
Reporter: Andrea Wilcox
Email Address: andrea.wilcox@wtap.com

Performing a civic duty back-fired for a Marietta resident.
The council president candidate won't be up for election this fall after casting a ballot in the May primary election.

The decision stems from a ruling made in September 2006 by the U.S. Sixth District Court of Appeals. However, that ruling was never passed onto board of election officials in Ohio, until last week.

Now, it's affecting hundreds of independent candidates across the state, including one in Marietta.

"I've never participated in a political party. I've never gone to a meeting. I've never held office. I've run twice for office, both times as an independent. I can't get any more independent."

48-hours ago, Dan Harrison was planning his campaign for Marietta City Council President.

Wednesday morning, those plans came to an abrupt halt after the Washington County Board of Elections had to de-certify Harrison, because he voted on the democratic ticket in the May primary.

Harrison says, "...which I've always done, I've always, well, not voted democratic, I'm an independent obviously, but in the state of Ohio there's no independent party. So if you're an independent in the state of Ohio, you just choose who you vote for each time and that's how it's always been."

However, a court ruling last year stated that if a candidate was going to run independently, he or she can't vote in a party-primary.
Board of of Election Director Tara Hump says Harrison filed May second as an independent candidate, then voted May eighth as a democrat.

Hump says, "It's an unfortunate situation. I wish we had been aware of the situation prior to the May primary, but we have certain rules we have to follow and at the board of elections we have to follow rules by the Ohio Secretary of State's office."

Hump says several other counties are facing the same problem. In fact, some candidates in large cities have already started spending campaign money.
Hump says, "I don't see it dying down. It's going to be an issue for a while state-wide. There could be potential lawsuits filed."
As for Harrison, he says it's too early to say what his next move will be. He says while he can't run for office this fall, it's possible voters will see his name on ballot in future elections.

Three other independent candidates in Washington County filed for office this election. However, none of them voted party lines in May.
It was possible to vote on an issues-only ballot.

Harrison says he has been contacted by other independent candidates in the state who have also been kicked off the ballot. He says he hopes to see some kind of lawsuit or appeal made on this decision.

[Frank Bellamy, MAP Masters of Applied Politics]

Independent Party Candidates are filing Lawsuits in nearly all 88 counties of Ohio.

Can Jennifer Brunner's political career survive these lawsuits?

An independent candidate who filed to run for Marietta City Council president may be removed from the November ballot because he voted as a Democrat in the May primary election.

Dan Harrison, 51, owner of Harrison Construction on Colegate Drive, cast a ballot in the Democratic primary after he had already filed to run as an independent candidate in the general election.

"Based on a court case last fall, his candidacy could be nullified," said Tara Hupp, director of the Washington County Board of Elections.

The case, Morrison vs. Colley, decided in September by the United States 6th Circuit Court of Appeals, resulted in a decision that independent candidates cannot be affiliated with any political party and that a candidate's claim of being unaffiliated must be made in good faith.

In light of that decision, Ohio Secretary of State Jennifer Brunner last week sent a letter to county election boards, advising, "If an independent candidate votes in a party primary election after filing as an independent, the candidate is not actually unaffiliated, and the candidate's claim of independence was either not made in good faith or is no longer current."

Hupp said Washington County elections staff received the advisory June 4, checked candidate lists and spoke with elections counsel in the secretary of state's office.

She said Harrison was mailed a certified letter on Friday, informing him of the situation. Copies of Brunner's advisory letter and the court case were attached.

Harrison was not available for comment on Monday.

"This has statewide implications," Hupp said. "A number of independent candidates across the state will be affected."

Jeff Ortega, spokesman for the Ohio Secretary of State's office in Columbus, said the office has already received calls from a few county boards about the case.

"I've heard it's caused some situations around the state, although I don't know any specifics at this time," he said. "The court case came out last year, but for some reason an advisory was not filed at that time by the former secretary of state."



The Washington County Board of Elections is scheduled to make an official decision on Harrison's eligibility for the November ballot at its regular meeting, scheduled for 8 a.m. Wednesday.



Incumbent Council President Paul Bertram III, a Republican, is the only other candidate seeking the office.



In 2003, Harrison ran as an independent candidate for mayor, finishing behind current Mayor Michael Mullen, a Democrat, and ahead of Republican Cathy Harper.

/////////////////////////////////////////
Your Turn: Independent candidate status in line with Ohio Revised Code
Letter to the Editor
My status as an independent candidate for Mayor of Athens has been questioned in light of my past association with the Republican Party.
It is true that I ran five times for city council as a Republican and served for several years as treasurer for the local party. At what point am I no longer a Republican? The Ohio Revised Code states that "independent candidate means any candidate who claims not to be affiliated with a political party." I am not now affiliated with a political party. What I did in the past has no bearing on my present status.
The Ohio Revised Code also notes that "each person desiring to become an independent candidate for an office ... shall file no later than 4 p.m. of the day before the day of the primary election ..." I did this.
But, let us look at other examples of independent candidacies in the City of Athens during the past few years. Paul Wiehl, Democratic candidate for mayor, ran against Linda Hiller in the 1999 primary election as a Democrat, although he lost. Two years later he ran as an independent candidate for an at-large seat on city council. And then, in 2003, he ran as a Democrat for the 1st Ward seat. Was he an independent candidate in 2001? Yes, according to the laws of the state of Ohio. Apparently the Board of Elections did not question his independent status in 2001.
Fred Weber, long associated with the Republican party, recently ran as an independent candidate for county commissioner. Was he an independent candidate? We must take his word that he was, and apparently the Board of Elections did also.
So, am I an independent candidate? According to the laws of our state, I have claimed to no longer be affiliated with the Republican party.
That claim was confirmed in my asking individuals to sign my petition for nomination as an independent.
I hope this helps clarify the situation.
Edward Baum writes from Athens and is an independent candidate for mayor.
/////////////////////////////////////////////
Recordpub.com
Two independent candidates for Ravenna's Ward 3 council seat were not certified for ... after a car accident last weekend on the Ohio Turnpike. Read Story. ...
www.recordpub.com/news/section/1369 - 34k - Jun 13, 2007

//////////////////////////////////////////////
8 Responses to "Ohio Secretary of State Issues Regulation for Minor Party Ballot Access"
1.   Andy Says:
May 21st, 2007 at 7:55 pm
This is good news for minor parties who want to qualify the whole party, but it is bad news for anyone who just wants to qualify the Presidential candidate because the old number of signatures just for a Presidential candidate was 5,000.
"On May 21, Ohio Secretary of State Jennifer Brunner released a regulation on how new and minor parties should get on the ballot."
Isn't this something that is supposed to be passed by the legislature? Can the Secretary of State come up with a regulation and have it be the de facto law?
2.   Andy Says:
May 21st, 2007 at 7:57 pm
When can you start circulating a petition for ballot access in Ohio? Is there a different deadline to qualify as a party than there is as an independent or for just the Presidential candidate?
3.   Stine Says:
May 21st, 2007 at 8:01 pm
I wonder how much of the law was invalidated. I know that Ohio has different signature gathering requirements for "major" and "minor" parties.
I can't recall the definition of "minor party" off hand, but I know that they need less signatures than their major party counterparts. That would be a first in the nation, I'd think, that a D or R would need to get more signatures than a minor party candidate to secure a place on the ballot.
4.   Robert Owens Says:
May 21st, 2007 at 8:19 pm
The SOS has authority to issue a directive in the absence of valid law. Legal authority is vested in the SOS as the chief election officer. See R.C. Sec 3501.04 and 3501.05. A link to the R.C. is in the legal links page of my office website: www.owenslawoffice.com
5.   Richard Says:
May 21st, 2007 at 8:48 pm
Ohio will continue to require only 5,000 signatures for presidential candidates (and candidates for other statewide office), if they use the independent candidate procedure. No change to the Ohio independent candidate procedures is being proposed. As to different types of qualified political parties, Ohio only has one type of qualified political party from a ballot access viewpoint. Either a party is qualified or it isn't. All qualified parties must nominate by primary. Though Ohio has categories like "minor party" and "intermediate party" and "major party" in its election code, these terms don't relate to ballot access. They relate to things like whether a party should share in the state income tax check-off.
6.   Richard Says:
May 21st, 2007 at 8:49 pm
I forgot to add, Ohio doesn't care how early a petition starts to circulate. Both the new party petition and the independent candidate petitions can start as soon as the group wants to start. The independent petition permits stand-ins.
7.   Josh Krekeler Says:
May 21st, 2007 at 8:53 pm
Andy - It sounds to me like the August '08 requirement is for parties to put Pres/VP candidates on the ballot with a party label. Otherwise, they can get on the ballot as "independent" or "other party" candidates with the standard 5,000 signatures ... I'm just guessing, though. I couldn't find the regulation on the SOS Web site. If anyone else does, will you please post a link and/or the text?
8.   Jeff Wolfe Says:
May 22nd, 2007 at 12:57 am
The only thing I see here that's new is the signature requirement for a new party petition. It's half what it was under the old, invalid law. Everything else appears to be the same as under the old law.
BY MARK NIQUETTE
THE COLUMBUS DISPATCH
Candidates who file to run as independents must do so in good faith and not really be Democrats or Republicans, Secretary of State Jennifer Brunner said in an advisory opinion this week.
Brunner issued the opinion to county elections boards in response to a federal court ruling in the fall that a former Republican challenger to U.S. Rep. Deborah Pryce couldn't run as an independent in the 15th Congressional District race.
Charles R. Morrison II, a Madison County business owner who voted in the May 2006 Republican primary and ran for GOP committee positions on that ballot, also filed to run as an independent in last fall's 15th Congressional District race.
His candidacy was challenged by local GOP chairmen, and the 6th U.S. Circuit Court of Appeals ruled that there was "no reasonable basis for Morrison to claim in good faith that he is not affiliated with a political party."
Pryce, a Republican from Upper Arlington, narrowly defeated Democratic challenger Mary Jo Kilroy in the race.
Brunner's opinion said the court ruling changes what had been a longstanding practice in Ohio to require only that the candidacy of those who file as independents not be affiliated with a political party, rather than the individuals.
"The Morrison case now requires that independent candidates actually be unaffiliated and that when an unaffiliation is claimed, it must be claimed in good faith," Brunner wrote.
As guidance to elections boards in making that determination, Brunner said candidates cannot vote in a party primary after filing to run as an independent, as Morrison did last year, and they cannot serve on a party's central or executive committee at the time they file or while they are running as an independent.
Other evidence of party affiliation, including past voting history, may not be conclusive evidence alone but could be considered with other facts to disqualify an independent candidate, Brunner said.
Meanwhile, the newest version of the Senate budget bill unveiled this week includes some but not all of the amendments Brunner's office has been seeking.
For example, the bill would allow county elections boards to participate in state term purchase contracts. It also would require the state to contract and pay for publishing election notices for statewide ballot issues, instead of reimbursing counties as currently is done.
But the bill so far does not include language giving the secretary of state's office leeway to issue rules, directives or instructions to counties regarding the "fair distribution of voting machines."
Brunner also wants the ability to go to court on behalf of county elections boards in disputes with county commissioners over funding, but commissioners have opposed that.
Negotiations continue to have those issues addressed in the budget bill before it must be passed by June 30, spokesman Patrick Galloway said.
mniquette@dispatch.com