WARREN — The Trumbull County Board of Elections rejected a challenge to the eligibility of Julie Lengyel as a Hubbard City Council president candidate and voted to keep her name on the ballot.

The objection raised by Hubbard Councilwoman Bonnie Viele, D-1st Ward, was whether Lengyel, who moved into a Doris Drive home less than a year ago, was a city resident long enough to be eligible. The board voted 4-0 on Tuesday to keep Lengyel, an independent candidate, on the Nov. 4 ballot.

Viele contended that Lengyel needed to live in the city for at least a year before the election to be eligible based on Ohio Revised Code 731.02.

But Hubbard Law Director Mark Villano and the Trumbull County Prosecutor’s Office determined that particular state law applies to candidates running for ward and at-large council positions and not for those seeking to be council president. The board agreed.

Lengyel will face Democrat Michael Mogg, the current 3rd Ward councilman, in the Nov. 4 general election.

The board relied on the legal opinions of Villano and the county prosecutor that ORC 3.15 applies in the case of council president candidates and that law only requires those seeking that office to be a resident of that specific political subdivision with no time restriction.

Villano wrote: “One can conclude that the members of the legislative authority and the president of the legislative authority are viewed differently under Ohio law based on their respective roles. The council legislates and votes on matters pertaining to city business” while “the president of council’s primary function is to preside over and direct the council meetings and does not have a vote on legislation except in the instance of a tie nor can the president request legislation.”

Jason Toth, an assistant county prosecutor who attended Tuesday’s hearing, said it was his position that ORC 731.02 didn’t apply to council president candidates.

“There’s also a separate statute that pertains to president of council” and “in that statute, there is no one-year residency requirement. She just has to be a resident of Hubbard.”

Viele insisted that as a legislator, those running for council president must live in the city for a year.

But Lengyel said she relied on the Ohio candidates requirement guide from the Ohio Secretary of State’s Office, which states ORC 3.15 applies.

“It’s more of an executive position instead of a legislative position,” Lengyel said. “So that is my biggest argument with the case.”

The board ruled in Lengyel’s favor after it deliberated in private for about 15 minutes.

Lengyel said she moved Nov. 24 into her home in the city and the property sale closed Jan. 2.

After the board vote, Lengyel said she was “very happy with the decision. I want to be able to run and support the community.”

Viele thanked the board for their “consideration. The system works.”

Viele said she knew the board would reject her objection when Toth told the board he agreed with Villano’s interpretation.