Judge: GOP council candidate will stay on ballot

Clarence Boles said he's still hoping for a state investigation into the matter.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A judge has refused to kick a Republican candidate for city council off the November ballot.
The Democratic candidate who sued to get her removed says he's not giving up.
"I'm very disappointed in the decision, but it won't be dropped," said Clarence Boles, a Democrat running for the 6th Ward council seat.
Boles said he's disappointed that there was no hearing in which he could present evidence and testimony on the matter. Judge James C. Evans of Mahoning County Common Pleas Court made his ruling Friday based on written briefs submitted by lawyers.
Boles said he has lodged a complaint with the Ohio secretary of state asking for an investigation into the matter.
Boles sued the county board of elections Aug. 27. He asked that it not place JoAnn Collier's name on the ballot as a Republican candidate for the Nov. 4 election.
In his ruling, Judge Evans said he cannot remove Collier's name from the ballot. He said that under Ohio law, such a request can't be honored once an election is held.
"Given that Collier was duly elected by the electorate as the Republican nominee as a result of the May 2003 primary election, the question presented herein is moot," Judge Evans wrote in his decision.
He also said a court order is inappropriate when one candidate is seeking to prohibit the candidacy of someone else.
Boles said he was surprised at the decision, even though he realized that the judge could rule against him.
"To me, this was a no-brainer," he said. "This was certainly the last situation I'd thought might happen."
What's behind this
According to Vindicator files, county election officials admitted they made a mistake when they permitted Collier to remain on the ballot. She filed Jan. 21 as a Democrat for the council seat.
She was informed by a board employee that her nominating petitions contained several errors that would cause her disqualification. She was given several options but was told she could not refile as a party candidate for the same office in the same election cycle because it would violate state law.
Collier withdrew as a Democrat, met with county Republican officials and refiled for the 6th Ward seat Feb. 20 as a Republican.
County election officials said they allowed Collier to remain on the ballot after conferring with the secretary of state's office.
Because state law did not allow removal of a candidate from the ballot so late in the election cycle, and because the protest period already had passed, Boles' only option was a lawsuit.
Judge Evans wrote in his decision that there were no written protests filed with the election board regarding Collier's candidacy after her election in the May primary.
He said it appears that Boles took no formal action until the lawsuit was filed in August. Boles, though, said he'd filed complaints with both county and state officials before that.
"Individuals at the board of elections have attempted to circumvent the electoral process," Boles said.
Tom McCabe, election board deputy director, said the board anticipated winning the dispute and already had ballots printed with Collier's name on them.
"Clarence Boles has to be elected, not selected like he wanted to be," McCabe said.
bjackson@vindy.com