Eric Ungaro filed a lawsuit with the Ohio Supreme Court asking to be placed on the Nov. 8 ballot as an independent candidate for a state House seat, contending the Mahoning County Board of Election’s decision not to certify him “was driven by bad faith, ulterior motive and / or corruption.”

The lawsuit, filed Thursday by Courtney Trimacco, an attorney based in Cleveland, also said the board “abused its discretion and acted in an unreasonable, arbitrary and unconscionable manner by refusing to place” Ungaro’s name on the ballot.

Trimacco’s filing said the board’s goal “is for the Democratic candidate to appear as the sole name” on the ballot.

Youngstown 5th Ward Councilwoman Lauren McNally won a four-person Democratic primary on Aug. 2. No Republicans filed for the seat.

Elections board Chairman David Betras, a Democrat and former party chairman, said any claims of having an ulterior motive or corruption by the board is “ridiculous.”

He sarcastically said, “You caught me because I give a s— about that race.”

The board voted 3-1 Monday not to certify Ungaro, a Poland Township trustee, as an independent candidate in the 59th Ohio House District race.

The board also will meet Monday for a hearing on the eligibility of Greg Beight of New Springfield, who was certified as a candidate for that race at the same meeting it ruled against Ungaro.

A protest against Beight arrived at the elections board after Monday’s meeting. Today is the deadline for protests to be filed against candidates running on the Nov. 8 ballot.

The board first voted 2-2 Monday on certifying Ungaro and then had a second vote in which Joyce Kale-Pesta, the county Democratic Party’s first vice chairwoman, changed her initial vote causing Ungaro’s petitions to be rejected by a 3-1 vote.

Jonathan Blackshire of Baldwin Street in Youngstown, a county Democratic Party central committee member, filed a protest Saturday against the independent candidacy of Ungaro saying he “is still campaigning as a Democrat” and isn’t eligible to be on the ballot.

Blackshire pointed to Ungaro’s official website gallery section that has the Democratic Party logo on at least 15 photos.

Betras said it was clear Ungaro failed to dissociate himself from the Democratic Party.

“If the Supreme Court tells me I’m wrong, I’m wrong,” he said. “I don’t think I’m wrong. If you’re running as an independent and you’ve got Democratic labels all over your website, you’re a Democrat. This is a clear-cut case. You have to be a little honest when you file a petition. You have to say what you mean and mean what you say.”

Betras said Ungaro’s Monday comments to a Vindicator reporter that he is “a lifelong Democrat running as an independent” are damning to his case.

Ungaro said the photos on his website were uploaded Jan. 26, 2018, when he was running for a state House seat in the Democratic primary that year.

Ungaro said he’s done everything required to dissociate himself from the Democratic Party, including not voting in the last two party primaries.

“I feel confident we’re going to win this case,” Ungaro said. “It’s blatant that in good faith we’ve distanced ourselves from both parties during the past four years.”

Ungaro wasn’t at Monday’s board meeting, but saw a video of it, calling it “an embarrassment and a disgrace” and that the board’s actions were “baffling.”

Ungaro said the campaign “is no longer about winning or losing an election. It’s about the future of our children and citizens of this Valley who deserve better. We are confident in our case and that the Ohio Supreme Court will be professional, fair and impartial.”

In Blackshire’s protest letter, he mentioned contributions Ungaro made to Vincent Peterson II, the Democratic nominee in this fall’s 64th Ohio House District race.

Ungaro pointed out he also gave a contribution in 2020 to Republican Martin Desmond in his unsuccessful campaign for county prosecutor against Paul J. Gains, the incumbent Democrat.

Ungaro’s lawsuit states a past Ohio Supreme Court decision determined “there is no necessary correlation between donations and party affiliations.”

dskolnick@vindy.com