Petitions, Initiatives, Recalls and total disregard for voters

Deciminialization in DaytonCurve ball out of Dayton City Hall last week when Mayor Whaley and her crew decided to toss a bone on the ballot to “check the voters pulse” on decriminalizing pot in Dayton. Not bricks of pot, nope- only the people who pay off the state officials will get to profiteer from medical pot, but, small amounts, enough for a few joints.

Normally, misdemeanor pot charges are an excuse to arrest and hold people who can’t afford bail, or to harass people of color. We’re filling up the jail with cheech and chong, while we can’t manage to find murderers, arsonists or even charge white collar criminals who steal money from disabled veterans.

By putting the question to the voters, the politicians have the appearance of doing the right thing, but, what it really is, is an attempt to get the black vote to the polls to make sure they support people like Brandon McLain and Gerald Parker and Carolyn Rice. After watching Gary Leitzell almost beat Debbie Lieberman without spending any money, some people in the dem party are now officially woke.

Yes, Montgomery County voted for Trump, and they are pulling out all stops to get people out to vote, because the “blue wave” that they predicted hasn’t really shown itself.

Members of the NAACP just got woke too. They were out gathering signatures to put the speed and redlight cameras on the ballot- and failed. Now they see that just 3 city commissioners can throw a ballot initiative on the ballot, without ANY signatures- has them a little ticked off. About time you realized you’ve been getting used by the party for years, but, you kept electing empty suits like they have downtown at Price Stores.

The reality of citizen initiated petitions succeeding in Montgomery County and most of the state is a myth- unless you have millions of dollars behind your issue. The recent effort to put the sales tax increase on the ballot was a clear sign that even a very popular issue, is almost impossible to make happen.

Try looking up how to recall a school board member in the Ohio Revised Code. There isn’t a standardized rule or format for doing it. Trust me, I’ve looked.

The people trying to repeal the sales tax increase were political insiders, lawyers, and even they were surprised at how fast the law required the petitions to be turned in- 30 days after the vote was taken. It’s almost impossible.

Instead of wondering about “hot button issues” in this next election for state reps- you shouldn’t care about guns, stand your ground, legal pot, you should be asking for reps that will actually clean up the ORC so simple law like the Open Meetings Act (I’m joking when I call it simple) is actually clear and concise with actual steps spelled out on the books. Instead, the Attorney General publishes a 250 page book to explain the damn law, that’s never resulted in a single politicians being removed from office despite that rule being on the books for over 60 years.

The first thing the Dayton City Commission should have changed by their ability to put new laws on the ballot- should have been a revamp of the petition to run for city commission. It’s time to eliminate the nominating committee requirement, as well as the notary requirement. The form needs to have a block to print your name, one to sign your name, your street address and date. No more ward or precinct. And, it should be assumed, that if a candidate collects 500 good signatures and turns them in, he’s offering to run for commission. What his/her signature adds to the petition is unimportant. If 500 voters say Donald Duck should be on the ballot- and Donald turns them in with the filing fee, that’s good enough. And, one last thing, the whole date of the election question needs a revamp too- since the idiots at the BOE can change the date of the primary seemingly randomly, and there might not be a primary if there aren’t enough valid candidates- so just say “to run in the next election” for the Dayton City Commission.

Voters SHOULD decide who they want on the ballot- not the parties, not the Board of (S)elections.

The pot issue should be approved. Minor quantity possession for personal use is not a threat to society- we’ve already approved it for medical use. The real question is, if this city commission really cared about our citizens safety and health and welfare- how can they let any citizens spend a single minute if Sheriff Phil “the torturer” Plummer’s house of horror- commonly known as the Montgomery County Jail?

If this wasn’t just a ploy to draw out votes in November- I’d be more enthusiastic about this good legislation, but unfortunately, it’s just Nan and Company trying to use the people of Dayton for their friends and family plan.

 

Board of Elections takes care of its own

Once you turn in petitions the rule is you are finished. No statement of your petitions’ validity is given until the actual board meets to certify. I’ve pointed out many times the agenda doesn’t provide any information – just a repeating worthless document- an outline of the structure of the meeting.

When I turned in petitions with 50 signatures that I collected for Congress- and signed the petition circulator statement AFTER I collected them in front of Steve Harsman (as you do with City Commission petitions) he ruled them invalid- kicked me off the ballot. Then when William Pace didn’t sign the agreement to run statement, if the signatures were valid- he was kicked off the ballot (despite someone calling him at 4 p.m. on the last day of the turn in- telling him to sign- and his faxed-in papers were ignored- plus the nominating committee- who was empowered by his petitions was also ignored). Basically- if they can find a reason to fail a non-party favorite candidate, they do. Either party.

But, when one of their own is about to fail- things change. Bryan Suddith, who used to work for the BOE and check petitions, turned in his petitions early marked “Kettering City Council”- the day they were due, he got a call that he was going to be turned in for election fraud because he didn’t put “Kettering City Council, Ward 4” on his otherwise valid petitions.

His anonymous caller told him to call the BOE and say an exact phrase- much like spies use to verify the identity of an undercover agent- like, “the sun shines nicely on the North side of the building today” to be responded to with, “flowers will grow, in the spring.”

This triggered an admission that his petitions were about to be kicked. He rushed down, withdrew his petitions, quickly gathered 100 more signatures (something the low number requirement makes possible) and was placed on the ballot.

District 3 council member Tony Klepacz will run unopposed after the board of elections invalidated petitions filed by Jan Kinner. Kinner had enough valid signatures from residents of the district. However, “no ward designation or number is listed with the council seat on (his) petition,” according to attorney Mary Montgomery with the Montgomery County Prosecutor’s Office. She advises the board of elections. Montgomery said it was in the board’s discretion to invalidate the petition. Montgomery County Board of Elections member Kay Wick pointed out “we don’t ask them specifically (for the district)” on the petitions.

However, when asked by other members, Board of Elections Deputy Director Steven Harsman said all other candidates did list the district number. Members also argued Kinner could have called the board of elections to learn the status of his petition.

Wick said she had heard of other candidates seeking the status of their petition and rectifying any issues by gathering signatures on a new petition with the district number. Board members John Doll, Gregory Gantt and Kay Wick voted to invalidate Kinner’s petitions. Member Rhine McLin abstained.

Current Kettering Vice Mayor Bruce Duke will face challengers Patricia Higgins and Bryan Suddith for the District 4 seat.

Source: Candidates for Nov. election set

Wick knew what happened. As to Kinner calling the BOE to learn the status of his petition- absolute HORSE SHIT. Unless you know the exact words to ask- the secret phrase, ZERO information will be given, not even what candidates will be discussed in the upcoming meeting. I’ve ASKED repeatedly for the classifications of valid and invalid petitions before, only to be told “come to the meeting.”

Special privilege was granted to Suddith. Kinner deserves to be on the ballot. And the BOE needs to be investigated and charged with racketeering and election fraud.

Also, petitions that have questionable language or unnecessary “gotchas” built in need to be evaluated and reformulated every time a candidate is kicked off the ballot for procedure. The failure rate is getting too high. Wick is correct “we don’t ask them specifically (for the district)” on the petitions.”

Dayton’s petitions ask for Ward and Precinct- yet they don’t require them to be filled in, and they are the only petitions that require notarization (other than Oakwood- which was supposedly going to remove this antiquated rule).

This kangaroo court needs to be investigated. Not by the Secretary of State, but by the Justice Department. Kudos to Rhine McLin for abstaining.

Pace gets his day in court

It was more like a half day, running from 2 p.m. to 4:45. I was a witness, and was ordered to be sequestered for the first hour so as not to hear BOE director Betty Smith’s testimony, so I couldn’t cover the whole thing for you.
I did tape my part of the proceedings and as long as I could stay- which was until 3:50, and will be posting it as a podcast at the end of this post.

Mark Gokavi from the Dayton Daily news was a bit perturbed, getting this assignment dumped on him at the last minute (they do read my site) and wrote a cursory story for tomorrow’s paper:

The Board of Elections ruled March 14 that Pace did not qualify to run for Dayton City Commission on the May 7 ballot because of a problem with his acceptance of candidacy — basically a signature — which had to be filed by March 13, according to Dayton’s city charter.

Steve Harsman, deputy director of the BOE, told the Dayton Daily mews earlier this month that his office received the signed acceptance from Pace via a fax, time-stamped 7:38 p.m. March 13. Pace had learned at 5:45 p.m. that he had not signed the statement on his previously filed petitions. Pace said Thursday he raced down March 13 to add his signature but that doors were locked at the county administration building.

The BOE met the morning of March 14, and Harsman said the body asked for a legal opinion from the city of Dayton’s law director, John Danish. Harsman had said that the BOE had not accepted faxed or e-mailed signatures in the past.

Danish said Pace’s fax was not sufficient.

“Our charter requires a candidate to file an acceptance of the candidacy,” Danish said. “And the word ‘filing,’ I believe under court cases, means physical delivery to a government office, and that a facsimile does not qualify.”

Pace’s attorney, C. Ralph Wilcoxson, questioned BOE Director Betty Smith on Thursday about why she didn’t match Pace’s faxed signature against those on his petitions and she said it was because it was not an original signature in ink. She also said a 2011 Ohio Secretary of State directive prohibits board of elections from pre-checking forms to ensure they satisfy the requirements of law.

Montgomery County Prosecutor’s Office civil attorneys John A. Cumming and Maureen Yuhas argued that Pace didn’t follow the law and making exceptions for candidates could lead to more risk of abuse and favoritism.

The three-judge panel of Judges Jeffrey Froelich, Mike Fain and Jeffrey Welbaum said they would deliberate and have a decision by April 8.

via Court to decide if candidate can appear on Dayton ballot | www.daytondailynews.com.

Fain was the presiding judge, and shocked me when he attempted to swear me in and couldn’t remember the line most kids can recite by heart when playing lawyer “Raise your right hand, do you swear to tell the truth, the whole truth and nothing but the truth so help you God?”- Fain failed- needed prompting from Froelich and myself.
I’ve already posted some of the evidence in this case in prior posts. Unfortunately, we have a legal system, not a justice system, and process can interfere with common sense. The County prosecutors would have lost had there been a jury, with their constant motions and interruptions. Fain often ruled over them, to see where this was going, but their strategy was shaking Pace’s attorney from his game plan.
I don’t know what was discussed while I was in the hall, but, apparently getting testimony from only one source was good enough in some instances (which I found odd).

The key issue of what standing the nominating committee has, may not be included in this decision, thanks to an omission in Pace’s motion. While it may not have been in the brief, this could end up reopening the case again after the ruling. In the meantime, Pace is left without a definitive answer on his candidacy, and the clock to the primary is ticking down. The judges don’t help matters by giving themselves until the “drop dead date” for putting Pace on the ballot, a quicker ruling would be the better option on this time sensitive matter.

The key questions weren’t really discussed while I was in the court room, nor was I questioned properly to get the answers the court needed.

  • The first is why the meeting wasn’t held at its normal Tuesday at 11 a.m. time. I was asked if I knew what a quorum was by an irate Mr. Cumming- to which I gave more of an answer than he wanted by suggesting that the BOE members are paid $20K a year for 24 meetings, (or around $800 a meeting) and there is no excuse for the delay in holding this meeting. Harsman knew well in advance that he could knock Pace off the ballot, by requesting a decision from the law director. This piece of evidence almost didn’t make it into the record, as the prosecutors were trying to claim my publishing of it was just hearsay, despite it being public record.
  • The issue of Harsman evading supplying an agenda, and violating the Sunshine laws wasn’t argued at all, because no one believes the Sunshine Laws mean a damn thing.
  • And lastly, the standing of the nominating committee, who have been properly nominated, should be able to name someone to appear on the ballot, regardless of what the BOE says- since they met the required number of signatures.

Every time I go into a court, I’m reminded of how fragile our legal system is. In the right hands, it can be bent and manipulated into accomplishing almost anything- like getting OJ off. In amateurs’ hands, it’s brutal.

The will of the 500+ voters is the last thing to anyone involved in these proceedings, it’s all about nitpicking and exercising power.

The recording is lame, I did it covertly, but if nothing else, listen to the first minute to judge for yourself if Mike Fain is all there?

Play

 

 

 

The 2013 Petition counts

From the Board of Elections:

GARY D LEITZELL – DAYTON MAYOR
Candidate GARY D LEITZELL

Number of Required Signatures 500
Number of Valid Signatures 835

Performance index 75% 1120 signatures, 835 valid

Verified Part Petitions: 37
Circulator Signature Count: 1120
Verified Signature Count: 1051
Valid Signature Count: 835

Detail of Invalid Signatures
4 Lined out
52 Not qualified – Not an elector
30 Jurisdiction – Signer is out of area
12 Duplicate – Signer has signed before
1 Circulator – Signer is the circulator
1 Candidate – Signer is the candidate
67 Signature does not match
3 Address does not agree
45 Duplicate – Signed other Petition(s)
1 Out of County
0 voter registration cards turned in.

A. J. WAGNER- DAYTON MAYOR
Candidate A J WAGNER

Number of Required Signatures 500
Number of Valid Signatures 1019

Performance index 81 % 1251 signatures, 1019 valid

Verified Part Petitions: 42
Circulator Signature Count: 1271
Verified Signature Count: 1251
Valid Signature Count: 1019

Detail of Invalid Signatures
7 Lined out
2 Address missing
1 Date missing
40 Not qualified – Not an elector
76 Jurisdiction – Signer is out of area
3 Duplicate – Signer has signed before
1 Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
73 Signature does not match
7 Address does not agree
18 Duplicate – Signed other Petition(s)
4 Blank line
0 Out of County

1 Invalid Part Petitions with 30 Circulator count and 0 lines used

0 voter registration cards turned in.

NAN WHALEY – DAYTON MAYOR
Candidate NANNETTE L WHALEY

Number of Required Signatures 500
Number of Valid Signatures 1167

Performance index 78 % 1464 signatures, 1167 valid

Verified Part Petitions: 144
Circulator Signature Count: 1459
Verified Signature Count: 1464
Valid Signature Count: 1167

Detail of Invalid Signatures
5 Lined out
1 Address missing
0 Date missing
66 Not qualified – Not an elector
46 Jurisdiction – Signer is out of area
8 Duplicate – Signer has signed before
0 Circulator – Signer is the circulator
1 Candidate – Signer is the candidate
126 Signature does not match
41Address does not agree
0 Duplicate – Signed other Petition(s)
3 Blank line
0 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

0 voter registration cards turned in.

DAVID ESTRATI (SIC) – DAYTON COMMMISSION
Candidate DAVID ESRATI

Number of Required Signatures 500
Number of Valid Signatures 575

Performance index 88 % 651 signatures, 575 valid

Verified Part Petitions: 18
Circulator Signature Count: 647
Verified Signature Count: 651
Valid Signature Count: 575

Detail of Invalid Signatures
5 Lined out
1 Erasable- Not indelible
0 Address missing
1 Date missing
24 Not qualified – Not an elector
10 Jurisdiction – Signer is out of area
7 Duplicate – Signer has signed before
1 Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
27 Signature does not match
0 Address does not agree
0 Duplicate – Signed other Petition(s)
0 Blank line
0 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

4 voter registration cards turned in.

DEREK FOLLEY – DAYTON MAYOR
Candidate DEREK O FOLLEY

Number of Required Signatures 500
Number of Valid Signatures 328

Performance index 33% 996 signatures, 328 valid

Verified Part Petitions: 27
Circulator Signature Count: 996
Verified Signature Count: 921
Valid Signature Count: 328

Detail of Invalid Signatures
7 Lined out
1 Erasable- Not indelible
7 Address missing
0 Date missing
176 Not qualified – Not an elector
119 Jurisdiction – Signer is out of area
6 Duplicate – Signer has signed before
1 Circulator – Signer is the circulator
1 Candidate – Signer is the candidate
242 Signature does not match
13 Address does not agree
15 Duplicate – Signed other Petition(s)
5 Blank line
0 Out of County

2 Invalid Part Petitions with 75 Circulator count and 0 lines used

25 voter registration cards turned in.

DAVID K GREER – DAYTON COMMISSION
Candidate DAVID K GREER

Number of Required Signatures 500
Number of Valid Signatures 661

Performance index 65% 1011 signatures, 661 valid

Verified Part Petitions: 42
Circulator Signature Count: 1011
Verified Signature Count: 1010
Valid Signature Count: 661

Detail of Invalid Signatures
5 Lined out
0 Erasable- Not indelible
3 Address missing
0 Date missing
58 Not qualified – Not an elector
109 Jurisdiction – Signer is out of area
10Duplicate – Signer has signed before
6 Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
110 Signature does not match
6 Address does not agree
39 Duplicate – Signed other Petition(s)
3 Blank line
0 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

0 voter registration cards turned in.

ERIC LAMONT GREGORY – DAYTON MAYOR
Candidate ERIC LAMONT GREGORY

Number of Required Signatures 500
Number of Valid Signatures 436

Performance index 43% 1021 signatures, 436 valid

Verified Part Petitions: 42
Circulator Signature Count: 1009
Verified Signature Count: 1021
Valid Signature Count: 436

Detail of Invalid Signatures
9 Lined out
1 Erasable- Not indelible
2 Address missing
1 Illegible
0 Date missing
129 Not qualified – Not an elector
168 Jurisdiction – Signer is out of area
2 Duplicate – Signer has signed before
0 Circulator – Signer is the circulator
1 Candidate – Signer is the candidate
205 Signature does not match
7  Address does not agree
56 Duplicate – Signed other Petition(s)
3 Blank line
1 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

0 voter registration cards turned in.

JOSEPH C LUTZ – DAYTON COMMISSION
Candidate JOSEPH C LUTZ

Number of Required Signatures 500
Number of Valid Signatures 506

Performance index 58% 870 signatures, 506 valid

Verified Part Petitions: 29
Circulator Signature Count: 870
Verified Signature Count: 758
Valid Signature Count: 506

Detail of Invalid Signatures
21 Lined out
0 Erasable- Not indelible
1 Address missing
0 Illegible
0 Date missing
97 Not qualified – Not an elector
58 Jurisdiction – Signer is out of area
3 Duplicate – Signer has signed before
0 Circulator – Signer is the circulator
1 Candidate – Signer is the candidate
54 Signature does not match
7  Address does not agree
9 Duplicate – Signed other Petition(s)
0 Blank line
1 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

8 voter registration cards turned in.

JEFFREY J. MIMS JR.- DAYTON COMMISION
Candidate JEFFREY J. MIMS JR.

Number of Required Signatures 500
Number of Valid Signatures 835

Performance index 60% 1399 signatures, 835 valid

Verified Part Petitions: 54
Circulator Signature Count: 1368
Verified Signature Count: 1399
Valid Signature Count: 835

Detail of Invalid Signatures
38 Lined out
0 Erasable- Not indelible
4 Address missing
4 Late- Date follows collection
0 Illegible
0 Date missing
100 Not qualified – Not an elector
180 Jurisdiction – Signer is out of area
25 Duplicate – Signer has signed before
4 Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
174 Signature does not match
28  Address does not agree
6 Duplicate – Signed other Petition(s)
1 Blank line
0 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

0 voter registration cards turned in.

WILLIAM PACE – DAYTON COMMISSION NOT ACCEPTED FOR THE BALLOT*
Candidate WILLIAM JAMES PACE

Number of Required Signatures 500
Number of Valid Signatures 653

Performance index 69% 951 signatures, 653 valid

Verified Part Petitions: 39
Circulator Signature Count: 951
Verified Signature Count: 951
Valid Signature Count: 653

Detail of Invalid Signatures
6 Lined out
0 Erasable- Not indelible
4 Address missing
0Late- Date follows collection
0 Illegible
0 Date missing
68 Not qualified – Not an elector
115 Jurisdiction – Signer is out of area
13 Duplicate – Signer has signed before
3 Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
49 Signature does not match
5  Address does not agree
34Duplicate – Signed other Petition(s)
1 Blank line
0 Out of County

0 Invalid Part Petitions with 0 Circulator count and 0 lines used

12 voter registration cards turned in.

*The final determination on Pace’s bid (reason why he wasn’t certified)- Per the City of Dayton Charter and the Law Opinion from the City of Dayton’s Law Director, Mr Pace failed to sign the Candadicy Acceptance statement as required by the City of Dayton Charter within the 55th day prior to the election.

JOEY D WILLIAMS – DAYTON COMMISION
Candidate JOEY D WILLIAMS

Number of Required Signatures 500
Number of Valid Signatures 891

Performance index 71% 1251 signatures, 891 valid

Verified Part Petitions: 105
Circulator Signature Count: 1251
Verified Signature Count: 1242
Valid Signature Count: 891

Detail of Invalid Signatures
5 Lined out
0 Erasable- Not indelible
2 Address missing
0 Late- Date follows collection
0 Illegible
0 Date missing
92 Not qualified – Not an elector
114 Jurisdiction – Signer is out of area
14 Duplicate – Signer has signed before
0  Circulator – Signer is the circulator
0 Candidate – Signer is the candidate
121 Signature does not match
3  Address does not agree
0 Duplicate – Signed other Petition(s)
0 Blank line
0 Out of County

2 Invalid Part Petitions with 8 Circulator count and 0 lines used

0 voter registration cards turned in.

Copy of the PDF the BOE sent me: May 7 2013 Dayton Petition Reports

If any of you would like to speculate on why some candidates have higher rejection rates than others- or do statistical analysis- I’d be interested to hear what you have to say in the comments.

A few things- signatures aren’t collected on a table- usually on a clipboard- meaning signatures may not look the same as the voter registration card.

I’m not sure how someone can turn in “4 Late- Date follows collection”

And- it clearly says on the petition- “WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE” which makes me wonder, how can you turn in over 200 signatures that don’t match and not be prosecuted.

 

 

Making election law as they go along

ALERT

updated 9:38am After checking this with Montgomery County Board of Elections Director Steve Harsman, the following information: ANYONE can now file to run for Congress- even those who DID NOT file on Dec 7 (the legal 90 day window). Those who did file- will be refunded their filing fees. The only change between the first petitions and the second is that the date of Declaration on the petitions must be dated after 15 Dec 2011. This new 67 day window is totally without precedent, and suggests that a “hurry up” election could be held to fill an unfulfilled seat in the future.

As someone who has filed to run for office a whole bunch of times, I can tell you there is chapter and verse on every possible way to keep a candidate off the ballot. We’ve even had people rejected for the type of paper they used for their petitions.

So, when the Ohio House and Senate manage to reset the primary date, redraw the districts and invalidate petitions overnight you have to wonder how far we are from martial law or a dictatorship. The words that come to mind are “stranger than fiction” for there is no way anyone could look at the Ohio constitution and come up with this fly-by-night gerrymandering and election law off a cocktail napkin.

From the Columbus Dispatch:

Legislation approved Wednesday night and signed into law tonight by Gov. John Kasich includes more of Turner’s turf than Austria’s in the new version of the 10th district. All of Montgomery and Greene counties and half of Fayette County now comprise the 10th. A redistricting law enacted in September also had included all of Pickaway County and most of Fairfield County, but they were stripped out.

Austria, a Beavercreek native, believes he can beat Turner, who lives in Centerville, in the new district, an aide said.

“We had a chance to glance at the proposed new maps and it looks very winnable, especially given that Steve Austria has built a lot of momentum in Montgomery County and it has become clear to us that Republican voters in Montgomery County are eager to finally support a conservative candidate,” said Tyler Grassmeyer, campaign spokesman for Austria.

Turner issued a statement saying he plans to run in the district and is happy that all of Montgomery County is included in it: “This permits our congressional representative to focus on the Miami Valley as opposed to being split between Dayton and Columbus as originally proposed. Our area deserves a representative who is focused on the many and varied issues which confront our region.”…

Although the newly drawn map still favors Republicans in 12 of the 16 districts, GOP incumbents were miffed that they were given little time to vet the map by Ohio House Speaker William G. Batchelder before it was passed late yesterday. Stivers didn’t see it until 4:30 p.m. Wednesday and Austria was said to be “shocked and upset” when he finally saw the reconfigured districts.

“The delegation is extremely upset with the way Speaker Batchelder and his staff handed this,” said a Republican source, speaking only on the condition of anonymity.

Along with altering the districts that previously had been enacted in September, the bill en route to Kasich settled on March 6 as a lone primary date rather than holding two primaries at an extra cost of $15 million.

The primary date positions Ohio as a Super Tuesday player in the race for the White House and made it easier for GOP presidential candidates to play in the state. The March 6 date places Ohio with Texas, Massachusetts, Virginia and eight other states in a delegate-rich conglomerate that could potentially determine the Republican presidential nomination….

The move to eliminate the second primary on June 12 raised questions about qualifying for the March 6 primary ballot.

The two primaries had created two filing deadlines: One requiring candidates for the U.S. Senate, state and local offices to file petitions on Dec. 7 to run in the March 6 primary and another for presidential and U.S. House candidates to file on March 14 for the June 12 primary. As a precaution, Secretary of State Jon Husted had advised all 2012 candidates to file on Dec. 7.

Following the legislature’s designation of one primary on March 6, Husted’s office provided this guidance:

*Candidates for president and the U.S. House of Representatives who filed on Dec. 7 must re-file their nominating petitions by Dec. 30. Others who want to run for those offices but did not file on Dec. 7 now have an opportunity to file by Dec. 30. Matt McClellan, Husted’s spokesman, said petitions submitted on Dec. 7 are “null and void” and new petitions are due Dec. 30.

“If they haven’t filed yet, they’ll have until Dec. 30th to do so,” McClellan said. “If they have filed, they’ll have to re-file.”

*Candidates for the U.S. Senate and state and local offices who were required to file on Dec. 7 have no further opportunity to file.

“If they did not file on Dec. 7, they cannot be on the March ballot,” McClellan said.

*Local governments and school districts with levy requests had to have filed petitions on Dec. 7. Those who had contemplated waiting for the June primary will have no opportunity now to file for the March ballot.

via Candidates moving forward after new districts approved | The Columbus Dispatch.

I filed petitions for the March 6th primary, signed by over 50 qualified electors who are either Democrats or unclassified and all reside within the district I am running in. The requirement to file petitions is 90 days before the primary- how the Secretary of State can not only invalidate these petitions- but also change the district after they have the filing deadline is a usurpation of standing law and ignoring the will of those voters who signed the petitions. The fact that the primary is the exact same day as the petition I turned in, the district name is the same- there are zero grounds for his actions.

To get the required 50 signatures isn’t that hard, but as a matter of principle, I believe that the new signatures should be invalid since they are after the 90 day cut-off. If not, we are setting dangerous precedent.

In case anyone is wondering what is going on with all this backroom gerrymandering, Turner and Austria probably strongly protested the original district which extended across two major media markets making their primary even more expensive. As a way to appease them and to try to save some money to run against the winner of the 6-way shoot-out on the Dem side, they reduced the new district to Greene and Montgomery county- all reachable with purchasing media in one market.

As soon as I get verification of what the requirements are for this petition- I will go and get my signatures again. What is unclear is if this is being required statewide for every house seat- or just ones that the new map has changed. Also the issue of the filing fees- if the original ones will be refunded and re-applied or if they are going to try to squeeze candidates for another filing fee due to their back room deal?

It will be interesting to see if they ever come up with the reason for invalidating a certified slate. To me, it’s just another indication how willing the Republican party is to make things up as they go along.

One thing is certain- the new OH-10 is much more manageable by a candidate and should make it easier for constituents to stay in touch with their representative. The new map is a much better option for those of us little people that still sign petitions thinking that our voices matter.

One more reason not to vote for Turner or Austria in the primary or for a Republican in the general. It’s time to end this “make it up as we go along” excuse for election law.