ODP: Area Dems run afoul of laws

The bylaws of the Democratic parties in Mahoning and Trumbull counties violate state law as well as Ohio Democratic Party and Democratic National Committee rules.

That’s according to Bill DeMora, ODP secretary, who recently reviewed the constitutions of both parties as they plan reorganization meetings.

Trumbull Democratic officials say they didn’t realize there were problems and will work to correct them, while Kenneth Carano, Mahoning Democratic Party election chairman, said DeMora is going to have to prove there are violations.

The issues with the Trumbull Democrats were discovered when Chairman Dan Polivka asked DeMora to review its constitution to determine whether Mark Alberini, county board of elections chairman, could challenge him.

Initially DeMora ruled because Alberini isn’t a central committeeman he couldn’t run for chairman as the county party’s constitution requires. DeMora has since changed his ruling on Alberini’s eligibility after the discovery of a 55-year-old court case in Cuyahoga County.

During his review of the county party’s bylaws, DeMora wrote party officials that he found “SEVERAL provisions of” the bylaws “that are in conflict with state statute and / or DNC / ODP rules (and) ARE NOT valid for the upcoming reorganization meeting and upon the creation of a new executive committee.” He mandated the changes immediately.

Trumbull Democrats will vote Tuesday on party officers with DeMora in attendance.

Among the state law violations is a requirement for those running for the party’s principal officers to gather at least 25 signatures from central committee members to seek election to those posts, according to DeMora.

He wrote that provision is “NULL and VOID as the election of central committee officers is written in the statute and there is nothing in the statute that says you can limit or restrict the ability of anyone who wishes to be an officer.”

Even though Alberini and Polivka each got the needed signatures, party officials said that provision won’t be enforced.

DeMora also wrote that having the chair making appointments to the executive committee and a $125 “voluntary” payment to be considered for an endorsement are not allowed under ODP rules.

Trumbull Democrats had issues in 2014 with the ODP, with DeMora heavily involved, over what the state party said were violations by the local party.

It got messy with the ODP temporarily suspending Trumbull Democrats from using the state party’s discount on campaign mail and having access to its electronic voter system. There were even threats to remove Polivka as Trumbull chairman. The local party complied, and the matter was resolved.

Polivka questioned why the current issues weren’t raised eight years ago by the ODP but said he will work to comply.

However, there could be problems regarding compliance from Mahoning Democrats.

After the Trumbull Democratic issues, I noticed Mahoning’s bylaws had language regarding officer candidates being required to get signatures from at least five central committee members and allowing the chair to appoint and remove executive committee members.

I left a voicemail for DeMora asking about that, and he determined Mahoning also is in violation of state laws and ODP / DNC rules.

DeMora said the local party violates state law by not permitting nominations from the floor and ODP / DNC rules by allowing the chair to appoint and remove executive committee members and fill vacancies to the central committee without central committee votes.

Mahoning Democrats will meet Saturday to elect party officers.

Carano, the longtime election chairman, has had conflicts with DeMora dating back to 2008 with the local party eventually agreeing to some changes.

But Carano is digging in this time.

When asked about DeMora’s mandates, Carano said, “That’s bull.”

He added: “We work well with the ODP, but it’s not who we answer to.”

The local party’s bylaws, however, state its members must support the ODP constitution.

DeMora said: “Every party is a subsidiary of the state party. Regardless of what anyone in Mahoning County thinks, they are bound by the state statutes and by the rules of the DNC and the Ohio Democratic Party.”

DeMora said Mahoning and Trumbull aren’t alone in having violations of state laws and party rules.

“I have issues with a dozen other counties right now,” he said.

DeMora hasn’t won over many Democrats in county parties recently after reviewing their constitutions and demanding changes. Some are calling for his resignation as secretary.

Skolnick covers politics for The Vindicator and the Tribune Chronicle.

dskolnick@vindy.com