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Published:Friday, August 29, 2008
The write-in filing deadline is Wednesday.
YOUNGSTOWN — David P. Aey, disqualified by the Ohio Supreme Court as a Mahoning County sheriff candidate, is looking to run for the seat as a write-in candidate.
An Ohio Secretary of State’s spokesman said an October 2007 Supreme Court decision permits disqualified candidates for county and local seats to run as write-ins for the same position. It was only a year ago that someone in a similar situation would have been ruled ineligible to run as a write-in.
The court decision allows Aey, of Boardman, a former deputy sheriff, to file as a write-in candidate, according to the secretary of state’s office. The deadline for write-ins to file is Wednesday.
However, his eligibility is another story.
Aey was removed from the Democratic primary ballot by the Ohio Supreme Court in February.
The court ruled Feb. 14 that Aey wasn’t eligible because he lacks two years of supervisory peace officer experience at the rank of corporal or above, which state law requires of candidates for sheriff.
A federal judge upheld that court’s decision on Feb. 26.
Aey hasn’t done anything since that decision to obtain those two years of supervisory experience.
Aey couldn’t be reached Thursday to comment. But he asked for and received a write-in declaration form Tuesday from the county board of elections and there are campaign signs urging voters to write-in Aey’s name on the November ballot.
Sheriff Randall Wellington says he would consider taking legal action against Aey should he be certified as a write-in candidate.
It was Wellington’s attorneys who successfully convinced the Supreme Court to disqualify Aey as a candidate.
Early Thursday, elections board officials said Aey couldn’t run for sheriff as a write-in because of his disqualification.
But after consulting with secretary of state attorneys later in the day at the request of The Vindicator, Jeff Ortega, an office spokesman, said differently.
Though declining to directly talk about Aey, Ortega said, “In general, based on an Ohio Supreme Court ruling of last year, someone who files candidacy papers for the primary to a county post and is disqualified can file as a write-in for the fall election for any county position including the one they were disqualified from.”
The court ruling referenced by Ortega was made Oct. 2, 2007. The court ruled an Elyria mayoral candidate who lost the Democratic primary that year and opted to run for re-election to the city school board could do so. The Lorain County Board of Elections had prohibited Holly C. Brinda from running for school board. She appealed and the Supreme Court agreed with her.
Losing a primary election and then running for another seat in the general election isn’t an unusual occurrence in Mahoning County. Just last year, Mike Write lost the Democratic primary for Youngstown 1st Ward council member and then lost a November re-election to the city school board.
“As of now, we’re asking our prosecutor for clarification from the secretary of state’s office,” said Thomas McCabe, the election board’s director. “We’ll go from there when and if David Aey files as a write-in.”
Ortega said the office’s “interpretation at this point” is someone in Aey’s position is eligible to file.
State law prohibits those who file declarations of candidacy or submit nominating petitions for partisan state, county and municipal positions in the primary to then run for the same office in the general election. That law took effect Dec. 23, 2003, and was upheld by the Ohio Supreme Court in an Oct. 25, 2005, decision.
The 2003 law is referenced in the Elyria case. “The General Assembly has used appropriate language in ... the so-called ‘sore-loser’ provision, which generally bars a person losing in a partisan primary election from participating as a candidate for another office in the succeeding general election.”
The decision states there are exceptions but didn’t include any language about those disqualified for a seat being permitted to run as a write-in for the same post.
skolnick@vindy.com
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Sheriff qualifications per Ohio Revised Code:
(9) The person meets at least one of the following conditions:
(a) Has at least two years of supervisory experience as a peace officer at the rank of corporal or above, or has been appointed pursuant to section 5503.01 of the Revised Code and served at the rank of sergeant or above, in the five-year period ending immediately prior to the qualification date;
(b) Has completed satisfactorily at least two years of post-secondary education or the equivalent in semester or quarter hours in a college or university authorized to confer degrees by the Ohio board of regents or the comparable agency of another state in which the college or university is located or in a school that holds a certificate of registration issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.
Aey now meets the requirement outlined in (b). He was not on the primary ballot. America holds itself out to the rest of the world as a model for free elections. What a beacon of liberty we are when we tell someone who has served his country that he can't run for office.
When did he get his degree? and from where did he get it?
Woody -
Read. The statute says - "Has completed satisfactorily at least two years of post-secondary education or the equivalent in semester or quarter hours..."
You don't have to actually have the degree.
Had he been Sgt. or above for 5 years immediately prior? If so this combined with the education piece would qualify him.
RUN BABY RUN.
I'LL VOTE FOR YA.....
Read, Folks. Read:
http://codes.ohio.gov/orc/311.01
It looks as though Mr Wellington's days as sheriff are numbered. Perhaps if he focused on criminal law instead focusing on political law to keep others off the ballot he would be better off. Aey looks to have won a major battle if he can get on as a write in. It does seem rather odd that Wellington focuses on keeping others off the ballot rather than explain any type of agenda for running the office of sheriff, wouldn't you say?
Wellington, prior to the March primary, flat-out refused to debate Mr. Aey. I am curious if he will do so after Wednesdays filing deadline (without Major Scanlon whispering the response in his ear.) The only thing Wellington has done is prove the adage that an incumbent runs "scared or unopposed." For those curious about Mr. Aey's education qualifications, I can assure you, it will be made available this week. His [Aey] campaign has ≥ support, tantamount to the primary. For those who are unsure of Mr. Aey's platform and ideas, I highly recommend that you talk to him. He has always taken the time to share his plan(s) of action with anyone, whether or not you support him. If you are unable or unwilling to do so, I suggest that you attend public forums where David Aey will optimistically share how your tax dollars are being wasted and can be put-to-use the way they were intended.
http://bulk.resource.org/gpo.gov/record/...
Above you will find the public record that links Randall Wellington with organized crime in the Mahoning Valley. Enjoy.
Wellington has been in this office for too long. Mob ties, and look Chance went to jail for that, yet Wellington still remains in office. Makes so much sense!?!?! I mean honestly what has he done for the Mahoning County since he has been in office? Retire and more on with your life. Let someone else take charge and move forward with positive changes!
Thank for the info boardmanmeedschange!!!!
This Aey guy is a joke. Don't get me wrong, Wellington is getting to old for the job, but at least he's qualified to the letter of the law.
The previous comment is only partially correct. Yes, its true the guy has no supervisory experience at or above the rank of corporal!
His so called education came from some unacredited online degree mill. As far as what he's done since the primary, I can't comment on, I haven't seen for my own eyes what sort of college credits he's accumlated.
I do agree that an American should be able to run for any office he or she desires providing their old enough to hold that office and meet the criteria spelled out by the state and/or federal government. Aey does not...period. Do not waste your vote on this write-in...it's a waste of your time and tax dollars. I'm shocked this guy was even allowed to patrol our streets. Only in Youngstown!
I also state this...do not confuse this guy as an American serving his country...he's merely serving his own personal and political ambitions.
Wow, boardmanneedschange. I read that affidavit you linked. You mean to tell me that the word of Lenny Strollo should carry any weight in the debate of Wellington's ties to organized crime. Come on, that guy would of said anything to cut years of his prison term while slandering as many names as he could in the process. Do us a favor, and don't play lawyer...try to be a little more objective than believing anything Lenny Strollo had to say!
What did lenny have to lose he was going to jail anyways! I can believe this crap cause it was goign on all around youngstown back them. Seem crazy but it was. As for wellington he has been in the office too long, has become too comfortable, and honestly what has he done for the county lately? I honestly don't understand how first hand living experience doesn't count worth anything. Some of these people have way more experience hands on and living life, then they would learning in any book or lecture in college!
What did have to lose you ask? How about a few extra years of his life in prison! You don't think he didn't try to trade his potential testimony in exchange for shaving years of his prison term. Come on guy, think outside the box! I would agree, that first hand living experience is important, which I don't doubt he has. However, would'nt you prefer a candidate with both the educational and/or supervisory experience in combination with the first hand living experience? Find me that candiate and I might vote for him. I also believe we need new blood in this office.
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