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With tie vote, Brunner now to decide if Aey is eligible
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David Aey
The county board voted 2-2 on certifying David P. Aey as a candidate for sheriff.
YOUNGSTOWN — The Mahoning County Board of Elections is leaving the question of David P. Aey’s eligibility to be a write-in candidate in the hands of the secretary of state.
The board voted 2-2 Tuesday on whether to certify Aey as a write-in candidate for sheriff.
The secretary of state’s office refused to provide an opinion on Aey’s eligibility before the meeting.
It’s now going to have to make a decision.
Secretary of State Jennifer Brunner would break this tie vote.
Before the vote, board member Michael Morley said it was “pretty clear to me” that Aey isn’t eligible to be a candidate.
Morley and other board members said state law prohibits candidates from running for the same seat twice in the same election cycle.
Also, county Prosecutor Paul J. Gains sent a legal opinion late Monday to the elections board that a candidate in Aey’s position isn’t eligible to run as a write-in based on case law.
Morley and other board members pointed out that a secretary of state spokesman told The Vindicator last week that an October 2007 court decision changes that law, in the office’s opinion.
That statement was made after Jeff Ortega, the spokesman, consulted with staff attorneys.
“There’s conflicting arguments by virtue of the newspaper” article and Gains, said board Chairman Robert J. Wasko, a Democrat.
Also, Robert J. Rohbaugh II, Aey’s attorney, said there is case law that permits his client to run as a write-in.
Morley, a Democrat, expressed frustration with the secretary of state’s refusal to give an opinion.
Because of that, he worked with county Republican Chairman Clarence Smith, a board member, to cause a tie vote that Brunner would need to break.
Wasko, who voted first, said he decided to certify Aey as a candidate because of the confusion. Board Vice Chairman Mark Munroe, a Republican, then voted not to certify Aey as a candidate, adamant that it was the correct decision. Morley, a Democrat, was next to vote.
After talking with Smith about the Republican’s vote, Morley voted to certify Aey’s candidacy. Smith then voted against certification.
“It’s an important issue that the secretary of state should resolve,” Morley said..
Aey was disqualified as a candidate for sheriff in the March Democratic primary after the Ohio Supreme Court said he didn’t have the required ranking-officer experience to be a candidate for the job.
Aey could have also qualified for the ballot if he had at least two years of post-secondary education. He didn’t.
But Aey said he now has enough college credit hours to qualify under that provision.
Despite repeated requests Tuesday to show his college transcripts to The Vindicator and encouragement to do so by Rohbaugh — who said his client has “nothing to hide” — Aey refused.
Sheriff Randall Wellington, the only candidate for the job on the Nov. 4 ballot, has filed a protest against Aey’s eligibility.
Wellington said Aey can’t run as a write-in and questions whether Aey he has the required education requirements needed to be a candidate for the seat.
The board will meet Sept. 18 to determine if Aey has the needed education requirements.
Regardless of the decision, the case is expected to be decided in the courts, both sides said.
“I’m disappointed [with the board’s vote] because the law is clear that David Aey is not eligible to be a candidate,” said Wellington, a Democrat. “The board understood this but referred it to the secretary of state. It’s just going to take more time.”
Board members were hopeful Brunner would make a decision on Aey’s eligibility to run for the seat before the Sept. 18 hearing.
Brunner doesn’t have a time limit as to when she must make a decision, but on election issues this close to the vote, she works to act as quickly as she can, Ortega said. Tuesday.
skolnick@vindy.com