“As the board knows, there are two groups saying to represent the Republican Party in Clark County. With one position open, the two groups both appointed two different people. I have checked with legal. The board’s duties are to sign the certificate appointment,” said Executive Director Jason Baker.
The board then fills out their own form and sends all forms to the secretary of state with a cover letter that explains the situation, Baker said.
Before members signed the two certificates, Laura Rosenberger, executive chairman of the CCRP who is also on the elections board, offered a motion to suppress Cotter’s certificate from being sent to the state, stating that group “violated several Ohio laws.”
She said this includes failing to announce their appointment meeting and the process of how to apply for the appointment by newspaper or website, according to Ohio’s Sunshine Laws, and failing to notify the public of the meeting before the four-day minimum, according to the Ohio Revised Code (ORC). For this, Rosenberger said this nullifies Cotter’s certification and his appointment is void.
The opposing Republican Party of Clark County later denied Rosenberger’s allegations about Cotter’s appointment.
Rosenberger’s motion to suppress Cotter’s certificate was put “on the floor” for members, but the motion failed due lack of support from other board members.
‘This question of which party, which candidate, is not up to the board of elections’
Sue DeVoe Allen, election board chairperson, talked with their legal counsel, Louis Zambelli who filled in for their usual Attorney Andrew Pickering, to clarify what their responsibilities are as board members.
It is the board members’ responsibility to sign the certificates only to indicate they received them and are sending both to the secretary of state, Zambelli said.
“Both of those certificates, in our legal opinion...should be sent together with a cover letter indicating that the board of elections here in Clark County has received these two certificates, and that is it,” he said.
“This question of which party, which candidate, is not up to the board of elections. That has to be something that is done through a legal process in a court that has the appropriate jurisdiction. That would require lawsuits and things of that nature. That would not require a lawsuit brought by the board of elections.”
Zambelli said, in his legal opinion, by not signing the certificates, the board would not be following the statute they have an obligation to follow.
“I understand the stress on both sides, but I don’t see how we can move this along unless we move these along. The board’s duty is to issue these certificates today...We have to move this on. Mr. (Rick) Lohnes is not going to sit there in that position forever,” Allen said.
Rosenberger refused to sign Cotter’s certificate
The six board members signed both documents, except Rosenberger did not sign Cotter’s certificate. She told the News-Sun she was not comfortable with signing what she calls a potential fraudulent document.
Jeanne Chu, executive committee chairperson for the Republican Party of Clark County, said Rosenberger’s refusal to sign Cotter’s certification “indicates a failure of her duties as a member of the Board of Elections.”
“The other board members fulfilled their statutory obligation by receiving the nominations and signing the certificates to move the process forward to the secretary of state and, ultimately, the governor,” she said.
Chu added they’re hopeful the secretary of state and governor will issue a commission to Cotter, saying he is “highly qualified” to fill the position and would work well with the current commissioners.
Jim Stickford, central committee chairman for the Republican Party of Clark County, said they went through the interview process and held three separate meetings for five applicants. He said they sent out letters for the appointment meeting and that is was an open, accessible meeting for the public.
“It was conducted for the purpose of exercising the committee’s authority under the bylaws of the Ohio Revised Code...Allegations that the meeting was secretly illegal or that accepting our form would be criminal, it would be a mistake both by the facts and the law,” he said.
What Cotter, Sanders had to say
Both Cotter and Sanders attended the board of elections meeting, giving statements to the News-Sun on how they felt about it.
Cotter said he appreciates the board for “fulfilling their duty” to sign the certificates.
“We are one step closer as it now goes to the secretary of state and then to the governor’s commission. It’s unfortunate that some have made this process more complicated and contentious than it needs to be. I’m ready to get to work for the citizens of Clark County,” he said.
Sanders said many “good and valid points” were brought up at the meeting such as timing, sequencing and policies.
“If I chose to disregard safety policies, didn’t do my bus pre-trip, didn’t stop at railroad tracks and broke the speed limit but still got the kids to school, I would lose the privilege of a CDL license and my job even though getting them to school was the ultimate goal,” he said. “The (other) group...operated with the same level of disregard for the ORC as I described above only in election law.”
Attorney Dan Harkins, who represents both the Republican Party of Clark County and Cotter, explained the next steps in this process.
He said it’s up to the secretary of state and governor who gets the commission, which is a paper that says which person can take the oath of office and occupy the seat until the general election. The person who gets appointed can be different than the person who wins the election.
The current Clark County commissioners appointed Lohnes Jan. 2, and the central committee has up to 45 days to appoint someone. However, there are a few different scenarios that could happen, Harkins said. The governor can issue a commission to Cotter or Sanders, or the governor and secretary of state can keep the seat vacated until the election.
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