YOUNGSTOWN — The Mahoning County Board of Elections not only refused to certify Douglas Bobovnyik as an independent candidate for sheriff, its members voted to refer claims of falsification against him to law enforcement for a criminal investigation.

The board voted 4-0 Tuesday not to certify him and was also unanimous in having board director Joyce Kale-Pesta refer the matter to the Mahoning County Prosecutor’s and Sheriff’s offices for investigation.

Bobovnyik said he would appeal the board’s decision not to certify him, and Ryan Stubenrauch, his attorney, questioned the motivation of some of the board members in both votes.

With Bobovnyik not certified, the only sheriff candidate on the November ballot is the incumbent, Jerry Greene, a Boardman Democrat who is running for his third four-year term.

Bobovnyik, a retired Youngstown police officer, acknowledged he rented an apartment at a used car lot on Mahoning Avenue in Youngstown beginning March 1, 2019, for the sole reason of establishing residency in the county for at least a year so he could be eligible to run for sheriff.

Bobovnyik also said he still owns a house on Shamrock Arbor Drive in Salem in Columbiana County; his wife lives there full time and he spends time there. Bobovnyik said he resided at the Youngstown address until March 1, 2020, when at the insistence of his wife he moved to an apartment on Fairground Boulevard in Canfield.

Board Vice Chairman David Betras, a Democrat, pointed to Bobovnyik’s property records that show him as the sole owner of the Columbiana County home and that he received a homestead exemption, meaning it’s his principal residence.

Mariah and Joseph Hamilton, Bobovnyik’s wife’s daughter and son-in-law, testified Tuesday that Bobovnyik lives in Columbiana County. Joseph Hamilton is also a deputy with the sheriff’s department.

Youngstown police Chief Robin Lees and Capt. Kevin Mercer testified Bobovnyik, who retired May 1, 2019, after 33 years on the force, never listed a Mahoning County address on any documents, including his retirement papers, with the department.

Another reason why the board disqualified Bobovnyik was he did not submit a required background check to the elections board.

“Mr. Bobovnyik played fast and loose with the residency requirement and doesn’t have a criminal background check in accordance with state law,” Betras said. “For someone wanting to be the top law enforcement officer, to do this is inexcusable.”

The board questioned Bobovnyik’s residency last week because of an affidavit he filed with a common pleas judge regarding where he’s lived, which is required under state law for sheriff candidates.

He was only supposed to disclose where he’s worked and lived during the past six years, but he went back to 2002. Board employees determined Bobovnyik voted in Mahoning County in 2004, 2005 and 2008, all years in which his affidavit states he lived in Columbiana County.

After the meeting, Stubenrauch explained that during those years, Bobovnyik lived with his parents in Youngstown and that his client erred on the affidavit. But Stubenrauch pointed out that Bobovnyik was only required to provide information for the previous six years so it’s a moot point.

“He’s always living somewhere else,” Betras responded. “If that’s true, he should have listed that.”

Stubenrauch said the board’s decision was predetermined based on unproven allegations. Stubenrauch provided numerous documents, including mail and subpoenas, from his client with the Mahoning Avenue address.

“It’s a simple case of residency under Ohio Revised Code — where do you intend to go back to” live, he said.

Regarding the board’s vote to refer Bobovnyik for criminal prosecution, Stubenrauch said, “That’s grandstanding. The statute of limitations has run out, but he lived in Mahoning County when he voted. Mr. Betras was trying to make a point to get his name in the newspaper.”

dskolnick@tribtoday.com