TRUMBULL COUNTY Briefs ask appeals court not to certify Altiere

The sheriff was told to return illegally received contributions, but he didn't comply, the elections board's attorney wrote.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Briefs filed with the 5th District Court of Appeals on behalf of the Trumbull County Elections Board and the Ohio Secretary of State say that Sheriff Thomas Altiere's November 2000 election should not be certified until the sheriff complies with the state's campaign finance laws.
Legal counsel representing the elections board and an assistant attorney general representing the Ohio Secretary of State filed separate briefs Friday with the appeals court. The briefs urge the court to deny Altiere's request that the court force the elections board to certify his November 2000 election.
An official with the appeals court, which is based in Canton, said no decision has been made.
Deadline for action: The court had given the elections board until Friday to certify the election or show cause as to why it did not.
The board has refused to certify Altiere's election because of questions surrounding his campaign finance reports.
Atty. George McCue III, who represents the elections board, stated in his brief that Altiere is not entitled to a certificate of election because his campaign finance reports are not in compliance with state law.
As recently as March 9 Altiere "had yet to comply with the board of elections request to produce documentation to support the figures listed in his campaign finance report," the brief states.
Altiere's side: Altiere, who could not be reached for comment, has said that he filed all documents he was required to.
McCue's brief also states that the elections board made numerous attempts to inform Altiere that there were irregularities and deficiencies in the campaign finance reports submitted to the board.
"The board advised Mr. Altiere that he had illegally received corporate contributions and was therefore required to return all money received," McCue's brief states. "The board also indicated to Mr. Altiere that he had to make an accounting of all monies returned; he has failed to comply."
McCue's brief further states that because of Altiere's "continued failure to comply" with the board's request, a complaint was filed with the Ohio Elections Commission.
The state Elections Commission and the county elections board are investigating allegations of campaign finance violations.
"It is Mr. Altiere's noncompliance which has prevented the issuance of a certificate of election," McCue's brief states.
The elections board voted 2-2 in December along party lines on the certification of Altiere's re-election. Altiere is a Democrat.
No certification: The tie was referred to Ohio Secretary of State J. Kenneth Blackwell, a Republican, who decided late last month not to certify Altiere.
Arthur J. Marziale Jr., an assistant attorney general, said in his brief that the state Supreme Court has held that "a decision by the Secretary of State is not subject to appeal."
The brief notes that a party can challenge the Secretary of State's ruling only if the secretary or the elections board engaged in "fraud, corruption, abuse of power or clearly disregard the statue."
"The right to hold public office is not a natural right or a necessary incident of citizenship, but depends upon compliance with the law and is subject to legislative control and regulation," Marziale's brief states.