High court upholds Faison disqualification

staff report

COLUMBUS — Without explanation, the Ohio Supreme Court upheld on Friday a 7th District Court of Appeals decision disqualifying Howard Faison Jr. as an independent candidate for Mahoning County sheriff in the Nov. 4 election.

In August, the 7th District Court of Appeals upheld the Mahoning County Board of Elections’ decision to disqualify Faison. That court said Faison, of Youngstown, didn’t meet the ballot requirement of having performed full-time law enforcement duties within the last four years.

Faison sought to challenge incumbent Democratic Sheriff Randall A. Wellington, who is seeking re-election.

Faison retired on disability from the sheriff’s department with the rank of captain May 1, 2003.

In his failed request for a writ of mandamus reinstating him to the ballot, Faison argued unsuccessfully that his disability retirement constituted a leave of absence that kept him eligible to run.

Wellington is the only candidate who will have his name on the ballot. David Aey, a former sheriff’s deputy, is running as a write-in candidate. Wellington is asking the Ohio Supreme Court to not permit Aey to run.