YOUNGSTOWN — The Mahoning County Board of Elections refused to certify three candidates to the November ballot, including one for two different reasons.

The board voted 4-0 Tuesday not to certify John White as an independent candidate for Youngstown mayor, Elaine Ginnetti as an independent candidate for the Struthers council’s 2nd Ward seat and Jeffrey Opencar for 2nd Ward councilman in Campbell.

The board didn’t certify White of North Belle Vista Avenue for two reasons: its members determined he wasn’t eligible to be a candidate under the Youngstown city charter, and he voted in the Democratic primary after filing to run as an independent.

The board agreed with a legal opinion from Youngstown Law Director Jeff Limbian that White didn’t qualify under the city charter provision that reads: “The mayor shall be an elector and resident of the city for the five years immediately preceding the mayor’s election, and not less than 30 years of age.”

White hadn’t voted in about 30 years, registered Feb. 5 with the board and then voted in the May 4 Democratic primary.

Limbian wrote because White wasn’t an elector until Feb. 5, “this would disqualify him from being an eligible Youngstown mayoral candidate because he fails to meet the five years electoral status requirements.”

But Kenneth D. Myers, White’s attorney, contends the provision requires candidates to be an elector, and a resident of the city for five years.

“If the framers of the charter had intended for the requirements to be an elector for five years and a resident of the city for five years, they would have written it that way,” Myers contended.

On top of that, White should no longer be considered an independent, the board ruled, because he voted in the Democratic primary after filing as an independent.

Based on a 2007 Ohio Secretary of State decision regarding those who vote in partisan primaries after filing as independents, the board has disqualified numerous people as candidates over the years who’ve done that as they are no longer considered independents.

White insisted he wasn’t a Democrat, even though he voted in that party’s primary.

“I voted, and they’re trying to crucify me for voting,” he said.

White, who has candidate signs throughout the city, said he’s going to have Myers check the law and plans to file a lawsuit to get on the ballot.

“He wanted to vote to show he was an elector, and the Democratic ballot was the only way to vote,” Myers said. “I’d ask the board to look at his wider history. One vote doesn’t automatically disqualify.”

Before the meeting, White and Myers met with board Chairman Mark Munroe, a decision which drew the ire of board Vice Chairman David Betras.

Betras said the private meeting was “offensive to me” and shouldn’t have happened. Munroe said Myers and White asked for the brief meeting to simply ask if they could address the board before a vote was made.

“It was a courtesy,” Munroe said.

Without White, the only candidates running for Youngstown mayor are incumbent Democrat Jamael Tito Brown, Republican Tracey Winbush and independent Richard V. Hill.

OTHERS NOT CERTIFIED

The board also declined to certify Ginnetti of Ninth Street as an independent candidate for 2nd Ward council in Struthers because she failed to date her declaration of candidacy before seeking signatures on her nominating petitions.

That’s considered a “fatal flaw,” Betras said.

The only candidate for that position on the ballot is incumbent Democrat Ron Carcelli of Elm Street.

Also, Erika Rudzik of Deer Creek Drive withdrew as an independent for Struthers treasurer because, like White, she voted in the Democratic primary after filing as an independent. Because she withdrew before the board disqualified her, she is running as a write-in candidate. Aug. 23 is the write-in deadline for candidates seeking to run in the Nov. 2 general election.

The board also voted not to certify Jeffrey Opencar of Pin Oak Place as a candidate for the 2nd Ward council seat in Campbell because he failed to fill out the required information on his nominating form, and about half of the information on his declaration of candidacy was blank.

Those are omissions that require the board not to permit a candidate to appear on the ballot.

While Opencar was not certified, two other candidates for that council seat — Steven Cappitte of Camvet Drive and Tony Grachanin of Porter Avenue — were.

Under Campbell’s city charter, if there are more than two candidates for a seat, a runoff is held with the top two candidates moving to the general election. With Opencar not on the ballot, that Sept. 21 nonpartisan runoff, which would have been the only one in Campbell, will not be held.

DIRECTOR RETIRING?

During the public comment portion of the meeting, Jaladah Aslam of Austintown mentioned that she’s heard board Director Joyce Kale-Pesta is retiring soon and expressed concern that the job wouldn’t be posted, that it would go to a relative or friend of a board member and that board employees wouldn’t be considered for the job.

Aslam, who heads the Youngstown Warren Black Caucus and was Joe Biden’s Ohio coalitions director during last year’s presidential campaign, said she normally doesn’t “deal in rumors, but I’ve heard a lot of this.”

Kale-Pesta, who has talked about retiring for a few years, told a reporter after the meeting that she could retire before the November election, but hasn’t made a decision. If she does retire, Kale-Pesta, who is also the county Democratic Party chairwoman, said she wants to be involved in the decision on her replacement, who would have to be a Democrat under state law.

Betras said he promised a “fair process,” all candidates who apply would be considered and the selection would be done by the rules. Munroe added that the board would “find the best possible person.”

The job currently pays $81,200 annually. Kale-Pesta and Deputy Director Thomas McCabe received raises at a May 3 board meeting from their previous annual salaries of $73,142.68.

At that meeting,Betras said the reasons for the raises were that the two had brought in more than $800,000 without the need of a grant writer and the board needs to pay a competitive salary to attract people needed to continuing running the office.

dskolnick@vindy.com