Motion seeks removal of Aey from ballot

The court could decide on the candidate’s eligibility by early February.

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

YOUNGSTOWN — David P. Aey says he’s proved he has the qualifications to be Mahoning County sheriff, and questions why the incumbent won’t accept that.

As promised, attorneys for Sheriff Randall A. Wellington filed a legal motion in the Ohio Supreme Court asking that the Mahoning County Board of Elections remove Aey’s name from the March 4 Democratic primary.

The elections board ruled Friday that Aey, of Boardman, is eligible to run for sheriff over the protest of Wellington. After the hearing, Wellington said he’d quickly file legal action with the court.

“I am on the ballot, and the voters of Mahoning County have a right to choose their elected officials by voting on March 4,” Aey said. “Mr. Wellington does not want to give the voters that same right. I find that insulting.”

Aey says he wants to debate Wellington on issues such as stopping violent crime, properly running the county jail and spending tax dollars in a lawful way.

“That’s fine,” Wellington said. “My main issue is to prove he’s not qualified to run for sheriff.”

Wellington, of Youngstown, contends Aey doesn’t meet minimum supervisory requirements under state law to be a sheriff candidate.

Citing a 1996 Ohio Supreme Court decision that states they “must liberally construe in favor of the person seeking to hold office,” elections board members voted to keep Aey on the ballot.

In Tuesday’s filing, Wellington’s attorneys said the elections board ignored a 2000 Supreme Court decision that says the requirements to be sheriff are not subject to “interpretative rules.”

The elections board will file a response with the court, which could rule on Aey’s eligibility as soon as early February. The Democratic primary is March 4. Aey and Wellington are the only candidates in that primary. Republicans didn’t field a sheriff candidate. The independent candidate filing deadline is March 3.

Eligible sheriff candidates must either have at least two years of supervisory experience as a peace officer at the rank of corporal or above, or have served at the rank of sergeant or above in the five-year period before the filing deadline. If a candidate has neither of those, he must have at least two years of post-secondary education from an accredited college or university.

Aey’s attorneys acknowledged their client doesn’t meet the educational qualifications. Aey received a diploma from Belford University, called an online diploma mill by experts.

Aey never rose above the rank of deputy during his 15 years with the sheriff’s department. But the elections board determined that his time as a field supervisor for the U.S. Marshals Service’s Northern Ohio Violent Fugitive Task Force was equivalent experience.

skolnick@vindy.com