YOUNGSTOWN — Douglas Bobovnyik, rejected as an independent candidate for Mahoning County sheriff over questions of residency and failure to file a required background check, is suing the board of elections to get back on the ballot.

Attorneys for Bobovnyik filed an appeal of the board’s May 26 decision with the Ohio Chief Justice Maureen O’Connor wrote an entry Thursday agreeing to expedite Bobovnyik’s appeal that gave a schedule of no more than 30 days for both sides to provide legal briefs and evidence to the court so a decision can be made as quickly as possible.

The election is Nov. 3 with early voting starting Oct. 6.

The board of elections not only decided to not certify Bobovnyik at a May 26 hearing, but also voted to refer claims of falsification against him to law enforcement for a criminal investigation.

A day later, Ryan Stubenrauch, who was Bobovnyik’s attorney at the time, said the retired Youngstown police lieutenant would drop plans for an appeal because “he’s decided that 33 years is enough service to Youngstown and the time and expense needed to make the ballot didn’t justify further strain on his family.”

But nearly a month later, Bobovnyik’s new attorneys, Rick Brunner and Patrick Quinn, filed an appeal.

“Bobovnyik looks forward to having a fair hearing with procedural due process, the opportunity to clear up misstatements of fact and explain erroneous information that was presented without prior notice or adequate opportunity to respond,” Brunner said.

Brunner declined to say why it took this long for an appeal to be filed.

In the filing, Bobovnyik’s attorneys wrote the board “followed a flawed and unfair process, employed incorrect legal standards and ultimately abused its discretion in determining (Bobovnyik) does not meet the statutory criteria to run as a candidate for county sheriff.”

County Prosecutor Paul J. Gains said: “We’ll respond to it and I’m confident his appeal has no merit.”

Gains added: “Anybody who engages in these activities has no business in public office. We’ve had enough of that around here.”

The only sheriff candidate on the November ballot is incumbent Jerry Greene, a Boardman Democrat.

RESIDENCY ISSUE

Bobovnyik acknowledged he rented an apartment at a used car lot on Mahoning Avenue in Austintown 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. He said he moved from Austintown to an apartment on Fairground Boulevard in Canfield on March 1 of this year at the insistence of his wife.

Bobovnyik also owns a house on Shamrock Arbor Drive in Salem in Columbiana County, his wife lives there full time and he spends time there.

Bobovnyik is the sole owner of the Salem house and receives a homestead exemption. The latter means he considers it his principal residence, said board Vice Chairman David Betras during the May 26 hearing.

Bobovnyik’s residency came into question because of an affidavit he filed with a Mahoning County Common Pleas Court judge regarding where he’s lived — a requirement under state law for sheriff candidates.

While only required to list residences for the past six years, Bobovnyik went back 18 years. Board of elections employees determined he voted in Mahoning County in 2004, 2005 and 2008, all years he listed as residing in Columbiana County.

Stubenrauch had previously said during those years Bobovnyik lived with his parents in Youngstown and that he made a mistake on the affidavit.

The board referred the voting issue to the county prosecutor for investigation of election fraud.

The statute of limitations has expired on those years, but Bobovnyik voted in Austintown in the November 5, 2019, general election and board members ruled he didn’t actually live there.

“The board has sent us material and we’re investigating it,” Gains said. “If it’s merited, I’ll request the attorney general’s office have the BCI (Bureau of Criminal Investigation) investigate to avoid any appearance of impropriety by this office. We’ll determine merit and then give it to the AG to determine if the matter should be prosecuted.”

Also, as of Friday, Bobovnyik hasn’t turned in the required background check documents to the elections board even though he said last month he had the check done.

dskolnick@tribtoday.com