Brunner aids Aey in sheriff bid
David Aey
The elections board will decide this week if Aey meets the qualifications to run for sheriff.
YOUNGSTOWN — Ohio Secretary of State Jennifer Brunner ruled that David Aey is eligible to run as a write-in candidate for Mahoning County sheriff.
In a four-page letter Monday, Brunner “instructed” the Mahoning County Board of Elections to permit Aey of Boardman to seek the job as a write-in candidate.
The elections board voted 2-2 on Sept. 9 on certifying Aey as a write-in candidate and left the decision on breaking the tie to Brunner.
Brunner wrote Monday that an October 2007 Ohio Supreme Court decision and unclear language in a state law makes Aey eligible to run as a write-in.
“I’m very pleased with the decision,” Aey said. “It now gives the Mahoning County taxpayers a choice as to who they can vote for sheriff.”
The only name that will appear on the ballot for sheriff is Democrat Randall Wellington of Youngstown, the incumbent, whose attorneys successfully persuaded the Ohio Supreme Court to disqualify Aey as a candidate for the Democratic primary in March.
At the time, Aey didn’t have one of the two necessary qualifications to be a candidate: at least two years of supervisory experience at the rank of at least a corporal or at least two years of post-secondary education.
Aey’s attorneys last week provided transcripts showing he has 60 credit hours, more than enough to meet the education requirement.
The county elections board will meet later this week to determine if Aey meets the qualifications to run for sheriff. Board members say they are inclined to certify Aey as a write-in candidate.
Wellington questions the legitimacy of Aey’s post-secondary education, however. Wellington, his advisers and his attorney are reviewing the transcripts and Brunner’s decision to decide whether to take more legal action to block Aey from running as a write-in.
Wellington said Monday he was waiting to hear from his attorney before making a comment.
“I think [Wellington] should let this go,” Aey said. “The secretary of state ruled, and I’ve complied with the education requirements. Other than being afraid of losing, I don’t see any reason he should contest this further. I’m running as a write-in.”
An October 2007 Supreme Court decision “distinguished the general election from primary election,” she wrote.
The law “does not bar Aey’s filing of a declaration of intent to be a write-in candidate for the Nov. 4, 2008, general election because it is a different election than the March 4, 2008, primary election for which he had filed a declaration of candidacy,” Brunner wrote.
The state law uses the phrase “for the same election,” but Brunner points out that the court’s October 2007 decision states that it’s not clear if the phrase means “for the same election year” or “for the same election cycle.”
skolnick@vindy.com