Dann wants to intervene in Aey complaint

YOUNGSTOWN — Ohio Attorney General Marc Dann’s office seeks to intervene to defend the constitutionality of a state election law, which was attacked by David P. Aey — the candidate for Mahoning County sheriff who was taken off the ballot by the Ohio Supreme Court.

Dann’s office filed a motion to intervene Wednesday in a lawsuit Aey had filed Tuesday in U.S. District Court in Youngstown. Saying the federal court lacks jurisdiction over Aey’s complaint and Aey “has failed to state a claim upon which relief can be granted,” Dann sought dismissal of Aey’s complaint.

With his federal lawsuit, Aey filed a motion for a temporary restraining order barring the Mahoning County Board of Elections from removing his name from the March 4 Democratic primary ballot.

Aey and his lawyer, Martin E. Yavorcik, filed the motion in response to the Feb. 14 Ohio Supreme Court decision that ordered the board to remove Aey’s name from the ballot.

The state Supreme Court granted a request from Sheriff Randall A. Wellington to have Aey removed from the ballot on the grounds that Aey lacked the two years of supervisory law enforcement experience at the rank of corporal or above, which state law requires of candidates for sheriff.

If the Ohio Supreme Court ruling stands, Wellington will be unopposed for re-election in the Democratic primary. He has no Republican opposition. Filing deadlines are March 3 for independent candidates and Sept. 3 for write-in candidates.

For more, see Thursday’s Vindicator and Vindy.com