The Trumbull County Democratic Party’s constitution has “several provisions” that are “unenforceable as they conflict with either state statute,” or Ohio Democratic Party and Democratic National Committee rules, the ODP’s secretary said.

Bill DeMora, ODP secretary, informed Trumbull Democratic Chairman Dan Polivka and Kathy DiCristofaro, first vice chairwoman, of his ruling after a Monday review of the local party’s bylaws.

Several sections of the local party’s constitution “are not valid for the upcoming reorganization meeting and upon the creation of a new executive committee, I mandate that the current Trumbull County bylaws be brought into compliance with state law and DNC / ODP rules,” DeMora wrote.

Polivka said the party will make the changes.

DiCristofaro said a committee will review the constitution after the party’s planned June 7 reorganization meeting and then changes will be made.

The bylaws, she said, haven’t been updated since late 2014.

In an interview, DeMora said, “half the counties are in violation of ODP rules.”

DeMora looked at the county party’s bylaws at Polivka’s request to determine if Mark Alberini, chairman of the Trumbull County Board of Elections, is eligible to run for Trumbull County Democratic chairman. DeMora agreed with Polivka the county party’s bylaws don’t permit Alberini to run because he isn’t a central committee member. Alberini is considering his options.

Among the violations of state law is a requirement for those running for the party’s principal officers — chair, first vice chair and secretary — to gather at least 25 signatures from central committee members to seek election to those posts, DeMora said.

“There is nothing in the (state) statute that says you can limit or restrict the ability of anyone who wishes to be in office,” he said.

He added, “you can’t add barriers to nominate. You can be nominated from the floor.”

Alberini spent part of Monday collecting signatures from central committee members.

Another state law violation, DeMora said, is the chair, vice chair and secretary select the party’s treasurer.

DeMora wrote: “THIS IS A VIOLATION OF THE STATUTE which clearly states that the treasurer must be elected along with other officers of the central committee during reorganization. YOU MUST ELECT THIS PERSON DURING THE REORG MEETING. If no individual seeks the office, then the ENTIRE COMMITTEE would need to vote on someone who wishes to be appointed.”

Also violating state law is the prohibition on electing a temporary chair and secretary at the reorganization meeting who aren’t eligible for election as permanent officers, DeMora wrote.

There’s a section that calls for the selection of eight other vice chairs by region. DeMora said the local party is violating ODP and DNC rules by not clearly stating those officeholders must be equally divided between men and women, DeMora wrote.

Another ODP and DNC violation, DeMora wrote, is the three principal officers select 40 at-large central committee members to the executive committee who “serve at their pleasure” and the chairman gets to select another 50 at his discretion in addition to 30 members elected by precinct committee members at the reorganization meeting.

DeMora wrote the at-large members must be approved by a majority vote of the central committee members and can only be removed by a majority vote of the committee — and not by the principal party officers. The at-large members have to be “diverse and gender equal,” he wrote.

Alberini, who is among Polivka’s 50 at-large appointees, complained about the provision, saying it allows Polivka to “stack the deck to control power. It’s insane. It’s egregious. He’s not in compliance with the ODP.”

DeMora wrote the county party’s entire section on endorsements will have to be rewritten.

The party asks for a voluntary $125 donation to be considered for an endorsement.

DeMora wrote, “even though you state the $125 is ‘voluntary,’ common sense says that if someone doesn’t pay it, it will be used against them. Same goes for the ‘voluntary’ payment for campaign activities.”

2014 ISSUES

The county party clashed in 2014 with the ODP, with DeMora playing a key role, over what the state party said were violations by the local party.

That included a secret paper ballot to fill vacancies — for county commissioner at the time — as well as not requiring the chair and first vice chair to be of the opposite sex and requiring endorsed candidates to share coordinated campaign expenses.

The local party eliminated secret ballots, added the opposite sex language for chair and first vice chair and changed the shared coordinated campaign expense requirement to a “voluntary” one. DeMora said at the time that it was permissible if it was “truly voluntary.” He called for the elimination of that language Monday.

The state party temporary suspended the county party in 2014 from using the ODP discount on campaign mail and have access to its electronic voter system.

Then-ODP Chairman Chris Redfern threatened to remove Polivka as Trumbull chairman, but instead the state party had a three-person committee examine the issue and the local party complied with the ODP requirements by making changes to its constitution.