Victory is hers again
Frenchko declared Trumbull resident, winner of county race
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WARREN -- Trumbull County officially will have a new commissioner as a visiting Stark County judge ruled that Republican Niki Frenchko is indeed a county resident and qualified to serve in the office to which she was elected Nov. 3.
The decision followed a lengthy hearing Wednesday on an election contest lawsuit filed by Frenchko's Democrat opponent and longtime incumbent Commissioner Daniel Polivka, plus 66 voters. They had petitioned the court either to overturn the election that saw Frenchko win by 4.5 percentage points or call a new election for commissioner.
After the hearing, Frenchko said she planned to get sworn in Wednesday afternoon in the commissioners' hearing room downtown. When she takes office, Frenchko will be the first Republican and first woman to serve as Trumbull County commissioner in at least three decades.
Retired Judge John Haas ruled that Frenchko has an appropriate residence in Trumbull County and is qualified to serve a four-year term as commissioner beginning Jan. 3.
Testimony was given by a handful of people, including Polivka and Frenchko, during the hearing in the large second-floor courtroom at the Trumbull County Courthouse.
Questions to the candidates by three attorneys centered around Frenchko's dual residency in Trumbull and Lake counties, and why Polivka waited until after the election to file any legal action.
Haas, who was selected by the Ohio Supreme Court to hear the case after all the Common Pleas judges in Trumbull County asked for a visiting judge, said the matter was more a protest of a candidacy instead of a contested election.
"No. 1, the public spoke. They voted (on Nov. 3). They exercised their rights," Haas said. "While the court finds there was reason for concern relative to the (Frenchko child's) education in Mentor, she (Niki Frenchko) has shown to this court's satisfaction that she has a residence here, has, and we believe she will be living here in the future."
RIGHT TO KNOW
Haas said he reviewed the briefs written by the attorneys as well as the transcript of the Sept. 8 Trumbull County Board of Elections hearing in which the board voted 4-0 that Frenchko was a qualified resident of 170 Kenilworth Ave. SE in Warren. The judge also did not fault Polivka for bringing the case to court.
"Mr. Polivka had every reason and right to be concerned about that (residency) issue and should be able to avail himself in legal proceedings," Haas said. "The public has a right to know that the testimony presented here today was important."
The board of elections, as well as Frenchko, were defendants.
The board's attorney, Tom Wilson, argued that this lawsuit was about a contested election and there was not one word of a vote miscount or fraud "or anything like that."
Haas ruled that the elections board did its job after being instructed by the Ohio Supreme Court to conduct an investigation into Frenchko's residency.
"There was no abuse of discretion and to overrule (the election), there would need to be clear and convincing evidence. We don't have any of that here," Wilson argued.
Haas ruled the board did its job.
"They did (an investigation) and on the same day (Sept. 8) made a decision, voting that she was a qualified elector of Trumbull County," Haas said.
QUESTIONING
During testimony, Haas questioned Frenchko about the interior of the 170 Kenilworth Ave. SE home. She said it has a kitchen loaded with food, plus bedrooms to house her other family members. Frenchko testified she has lived there almost exclusively for the last two and a half months.
Frenchko's attorney, who is her boyfriend Joseph Szeman of Mentor, argued there was no legal basis for Polivka's complaint.
"The board of elections got it right, the people of Trumbull County got it right," Szeman said. "This was an election issue. Mr. Polivka just didn't think he was gonna get beat, but she beat him good."
Polivka, on the other hand, said he and his attorney Rick Brunner will talk about a possible appeal to Haas' ruling.
While on the stand, Polivka said he has never challenged a candidate in court before, but thought that fraud was committed because of the residency issue.
"If she gets away with this then you shouldn't have residency laws," Polivka said.
After the decision, a disappointed Polivka, who has been running for public office since he was 19, again reiterated the need for residency laws.
Polivka, 56, who is also the chairman of the Trumbull County Democratic Party, first was appointed to the board of commissioners in 2004. Before that, he served on Warren City Council from 1983 to 2004.
"If the courts are not going to uphold the laws of the land, then they should just throw out all residency laws, and you should be able to run wherever you want to run," he said.