Court dismisses election complaint
YOUNGSTOWN — The 7th District Court of Appeals agreed to dismiss a complaint filed by 28 supporters of Jennifer J. Ciccone who disputed the outcome of the Struthers Municipal Court election that she lost by 10.28%.
In a Thursday judgment entry, Judges Carol Ann Robb and Cheryl Waite agreed to accept the dismissal motion and ordered those who filed it to pay court costs.
Michael P. Ciccone, the attorney for the voters, filed a motion last Friday requesting the court dismiss the case he filed Dec. 1 on behalf of 28 supporters of the failed candidate.
The attorney is not related to the candidate, but was a strong supporter of hers during the election.
When the lawsuit was filed, Democratic and Republican officials with the Mahoning County Board of Elections sharply criticized both Ciccones for questioning the outcome of the race.
In the lawsuit, the attorney contended, without providing details, that there was massive fraud in the race that had James Melone win.
Melone received 7,344 votes to 5,951 for Ciccone.
Melone won the Democratic primary over then-incumbent Dominic R. Leone III with Ciccone running unopposed in the Republican primary.
In Ohio, municipal court judges run in partisan primaries and then without party affiliation in general elections.
Melone starts a six-year term Jan. 1.
Ciccone was appointed by Gov. Mike DeWine, a fellow Republican, a little over a month before the Nov. 7 election in an unusual move. DeWine usually spends months vetting candidates for judicial appointments. In the case of Ciccone, she was appointed four days after expressing interest in it.
David Betras, chairman of the board of elections and an attorney, said he was planning to seek legal fees from those who filed the complaint. He didn’t rule out the possibility of seeking disciplinary action against the lawyer and candidate for the frivolous lawsuit and slandering election officials by claiming they committed felonies in falsifying the results of the election.



