“There is no authority to delay a withdrawal or rescind a withdrawal,” Ellis wrote in her ruling.
Ellis was appointed by Wilson to rule on the matter last week after his office was contacted by the Clark County Board of Elections.
Frizzell withdrew from the race at 4 p.m. Feb. 17 and by about 8:30 p.m. advised election officials that he wanted to delay his withdrawal until after the March primary.
The Statement of Withdrawal read that the withdrawal was to be effective upon the filing of the statement and that he dropped his candidacy for the office of Clark County Prosecuting Attorney full term commencing Jan. 2, 2017, according to Ellis.
The board asked Ellis to rule on three questions:
1. Is the filing of the Statement of Withdrawal valid at the time of filing?
2. Is there a mechanism for the Clark County Board of Elections to delay the withdrawal?
3. May the candidate rescind his withdrawal?
Clark County Board of Elections Deputy Director Jason Baker said the board had already accepted Frizzell’s withdrawal from the race before he contacted officials and asked that it be rescinded.
Baker said he hasn’t heard from board members as to whether there will be any changes or further discussion on the matter.
Frizzell’s name will still appear on the March 15 primary ballot, but Baker said those votes won’t be counted.
Frizzell has been a partner at Geyer, Herier & Frizzell since 2007 and is a member of the Clark County Bar Association and the Ohio State Bar Association. He couldn’t be reached for comment Monday afternoon.
Wilson, a Republican, is seeking re-election. He first took office as county prosecutor in 2011.
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