Wellington wins Aey challenge

Photo

David Aey

The elections board will remove Aey’s name from the ballot.

By PETER H. MILLIKEN

VINDICATOR STAFF WRITER

YOUNGSTOWN — Mahoning County Sheriff Randall A. Wellington said the issue of his opponent’s candidacy should never have gone to the state’s top court.

The Ohio Supreme Court ruled Thursday that David P. Aey did not have the necessary credentials to run for sheriff, knocking the Boardman resident off the March 4 Democratic primary ballot.

Neither Aey, nor his lawyer, Matthew Giannini, returned calls seeking comment about the decision.

“The message they [Ohio Supreme Court] sent was it should have been handled by the board of elections” at its hearing, the sheriff said.

The sheriff noted, however, that three of the four county board of elections members are lay people, and only Mike Morley is a lawyer. “I’m sure that it’s difficult for three laymen to interpret election laws,” he said.

At the Jan. 18 hearing, three board members — Morley, Robert Wasko and Mark Munroe — voted to keep Aey on the ballot, with Clarence Smith abstaining.

In making its ruling, the top court upheld Wellington’s request for a writ of prohibition barring the elections board from placing Aey’s name on the ballot.

“I’m pleased but not surprised. I never had any doubt that he was not qualified to be sheriff of Mahoning County,” Wellington said.

The court agreed with Wellington’s contention that Aey does not meet the supervisory experience requirements set forth in state law because he never held the rank of corporal or above in a law enforcement agency.

It also ruled the county elections board “abused its discretion” by denying Wellington’s protest and placing Aey’s name on the ballot.

The expedited ruling was by a 5-1 vote, with Chief Justice Thomas J. Moyer and Justices Evelyn Lundberg Stratton, Terrence O’Donnell, Judith Ann Lanzinger and Robert R. Cupp concurring, Justice Paul E. Pfeifer dissenting, and Justice Maureen O’Connor not participating.

“I’m pleased with the court’s decision because it confirms that the statutory requirements are not optional, and all prospective candidates must comply with the letter of the law to ensure that only qualified candidates can run for the office of county sheriff,” Wellington said.

State law requires that a candidate for sheriff must have supervisory experience at the rank of corporal or above for at least two years within the five years before the qualifying date — in this case the Jan. 4, 2008, primary filing deadline.

In the alternative, satisfactory completion of at least two years of courses at a state-recognized college is acceptable, but Aey withdrew his claim that he qualified based on a college education.

Under the Fraternal Order of Police union contract, Aey, who joined the sheriff’s department in December 1993 and left the department last August, has a right to return as a deputy within one year at his full seniority, $39,924 salary and benefits, the sheriff said.

Without being specific, however, the sheriff said, “There are some issues we have to clear up when he comes back.”

With no Republican running for sheriff, and with Wellington running unopposed in the Democratic primary, he is assured of re-election, unless he is challenged by an independent or write-in candidate.

The deadline to file as an independent for the November election is March 3, the day before the primary election.

The deadline to run as a write-in is Sept. 3. The job pays $91,860 annually.

The high court decision also disqualifies Aey as an independent candidate for sheriff this year, said Tom McCabe, elections board director.

Wellington said he has heard names of potential independent candidates mentioned, but hasn’t heard of any circulating petitions or taking other steps toward filing.

The elections board is taking immediate steps to comply with the Supreme Court ruling.

“We’re going to go ahead and remove David Aey’s name from the ballot. We’re going to reprogram our [voting] machines,” McCabe said.

Aey’s name, however, is on paper absentee ballots. Absentee balloting began last Friday and continues through March 3. Any absentee votes for Aey will not be counted, McCabe said.

The board won’t reprint absentee ballots, he said. Rather, it began including a note with them saying votes for Aey won’t be counted, he said.

Election day paper ballots, which haven’t been printed yet, won’t bear Aey’s name, McCabe added.

As for the board of elections decision to keep Aey on the ballot after its hearing on the issue, McCabe said, “Our board has always erred on the side of allowing a candidate’s name on the ballot and letting the voters decide.”