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Elections board argues after Coughlin declines to show up at meeting
By Stephanie Warsmith
Beacon Journal staff writer
Published on Wednesday, Jan 23, 2008
The Summit County Board of Elections deadlocked Tuesday on a move that could result in a contempt citation against state Sen. Kevin Coughlin.
Coughlin, who is leading an effort to oust Summit County Chairman Alex Arshinkoff, had been subpoenaed to testify at the board meeting but didn't show.
His absence incensed Arshinkoff and Jack Morrison Jr., the board's Republican members, who argued Coughlin should be called before them to explain himself.
''This has nothing to do with what side you're on,'' Morrison said. ''If you choose not to appear, you are flaunting this board's authority.''
But the board's two Democratic members voted against the step, leading to a tense back-and-forth session — the second heated exchange during a board meet
ing dominated by the battle for control of the county Republican Party.
Coughlin, R-Cuyahoga Falls, is trying to unseat Arshinkoff by gaining the majority on the county party's central committee in the March 4 election. That committee will meet 60 days after the primary to decide the party's leadership. The board planned to hold hearings Tuesday on questions on the petitions of 16 candidates Coughlin filed for the committee.
Board members argued about whether the hearings were necessary, considering that the deadline for disqualifying candidates from the ballot — which was last Monday — has passed.
Wayne Jones and Tim Gorbach, the Democratic members, said the hearings weren't needed because of the deadline, but Arshinkoff and Morrison said the board still had a duty to look into alleged ''irregularities'' on the candidates' petitions.
'Breach of law'
Arshinkoff and Morrison said it appears that someone other than the circulators for these candidates' petitions made changes to the circulator statements. Arshinkoff called this ''a serious breach of law'' that would be referred to the county sheriff and prosecutor.
Morrison accused the board's Democratic members of ''malfeasance'' for trying to prevent the hearings and called this a ''Hail Mary attempt to interfere.''
Gorbach and Jones said they didn't think the questions on the candidates' petitions rose to the level to warrant hearings.
The board tied 2-2 — along party lines — about whether to allow the 16 candidates who were supposed to have hearings to appear on the ballot. (Jones and Gorbach were in favor of this.)
Ohio Secretary of State Jennifer Brunner will decide both issues that resulted in tie votes, as prescribed under state law.
Though Coughlin and the others who were subpoenaed didn't appear, they did have attorneys at the meeting to represent them. Coughlin said by telephone after the meeting that having a lawyer there, rather than appearing personally, satisfied the requirements under state law.
''This is very clear in the code — either the person or their attorney can appear and present a defense,'' he said. ''That is what we did. This issue is a nonissue.''
David Langdon and Robert Heydorn, the attorneys, told board members that — had their clients been required to testify — this would have been a violation of their constitutional rights.
Two of the people who were subpoenaed to testify showed up at the board meeting. Carol Mash, a candidate for the central committee, and Cris Canute, who circulated the petition for Ronald Dale Lieving, another committee candidate, answered board members questions about the petitions.
Board members unanimously voted to allow Mash and Lieving to be on the ballot.
Neither of these candidates were filed by Coughlin.
The board voted to dismiss a challenge Coughlin filed involving the petition of Bryan Williams for the party's State Central Committee. Coughlin claimed Williams, the Republican director of the elections board, had board employees sign his petition while on the clock.
A hearing was scheduled this Tuesday but the board opted against having it because Coughlin wasn't present.
Coughlin said he was not told that this hearing had been scheduled.
Clash over decision
Board members clashed over Williams' recent decision to move Scott Sigel — a Republican board employee who was critical of the Republican Party's finances — to a different position. Sigel sent out a letter calling for Arshinkoff to be replaced and comparing the chairman to Fidel Castro.
Williams said Sigel was transferred to ballot layout — a job with the same pay — to protect Sigel and the board from ''any political shenanigans'' and remove ''any appearance of conflict.''
Jones questioned this personnel shift being made so close to the election. ''I want to go on record: It's wrong,'' he said.
Sigel, seated in the audience, told board members that he hadn't been given the opportunity to defend himself. He said his political views didn't interfere with his ability to do his finance job. Sigel said Williams has made statements on behalf of Arshinkoff. ''Where are you going to move him?'' he asked board members.
''We are the board. You are an employee,'' Morrison replied to Sigel, adding that Williams has the authority to transfer employees.
Coughlin asked the Ohio Supreme Court on Friday to intervene in the ongoing fight over central committee candidates. He asked the court to prevent the hearings involving his 16 candidates from happening and to allow these candidates to appear on the ballot. He also requested that the court reinstate seven other candidates who the board disqualified because of alleged petition problems.
The court has not yet taken any action.
Stephanie Warsmith can be reached
at 330-996-3705 or
swarsmith@thebeaconjournal.com.
The Summit County Board of Elections deadlocked Tuesday on a move that could result in a contempt citation against state Sen. Kevin Coughlin.
Coughlin, who is leading an effort to oust Summit County Chairman Alex Arshinkoff, had been subpoenaed to testify at the board meeting but didn't show.
His absence incensed Arshinkoff and Jack Morrison Jr., the board's Republican members, who argued Coughlin should be called before them to explain himself.
''This has nothing to do with what side you're on,'' Morrison said. ''If you choose not to appear, you are flaunting this board's authority.''
But the board's two Democratic members voted against the step, leading to a tense back-and-forth session — the second heated exchange during a board meet
ing dominated by the battle for control of the county Republican Party.
Coughlin, R-Cuyahoga Falls, is trying to unseat Arshinkoff by gaining the majority on the county party's central committee in the March 4 election. That committee will meet 60 days after the primary to decide the party's leadership. The board planned to hold hearings Tuesday on questions on the petitions of 16 candidates Coughlin filed for the committee.
Board members argued about whether the hearings were necessary, considering that the deadline for disqualifying candidates from the ballot — which was last Monday — has passed.
Wayne Jones and Tim Gorbach, the Democratic members, said the hearings weren't needed because of the deadline, but Arshinkoff and Morrison said the board still had a duty to look into alleged ''irregularities'' on the candidates' petitions.
'Breach of law'
Arshinkoff and Morrison said it appears that someone other than the circulators for these candidates' petitions made changes to the circulator statements. Arshinkoff called this ''a serious breach of law'' that would be referred to the county sheriff and prosecutor.
Morrison accused the board's Democratic members of ''malfeasance'' for trying to prevent the hearings and called this a ''Hail Mary attempt to interfere.''
Gorbach and Jones said they didn't think the questions on the candidates' petitions rose to the level to warrant hearings.
The board tied 2-2 — along party lines — about whether to allow the 16 candidates who were supposed to have hearings to appear on the ballot. (Jones and Gorbach were in favor of this.)
Ohio Secretary of State Jennifer Brunner will decide both issues that resulted in tie votes, as prescribed under state law.
Though Coughlin and the others who were subpoenaed didn't appear, they did have attorneys at the meeting to represent them. Coughlin said by telephone after the meeting that having a lawyer there, rather than appearing personally, satisfied the requirements under state law.
''This is very clear in the code — either the person or their attorney can appear and present a defense,'' he said. ''That is what we did. This issue is a nonissue.''
David Langdon and Robert Heydorn, the attorneys, told board members that — had their clients been required to testify — this would have been a violation of their constitutional rights.
Two of the people who were subpoenaed to testify showed up at the board meeting. Carol Mash, a candidate for the central committee, and Cris Canute, who circulated the petition for Ronald Dale Lieving, another committee candidate, answered board members questions about the petitions.
Board members unanimously voted to allow Mash and Lieving to be on the ballot.
Neither of these candidates were filed by Coughlin.
The board voted to dismiss a challenge Coughlin filed involving the petition of Bryan Williams for the party's State Central Committee. Coughlin claimed Williams, the Republican director of the elections board, had board employees sign his petition while on the clock.
A hearing was scheduled this Tuesday but the board opted against having it because Coughlin wasn't present.
Coughlin said he was not told that this hearing had been scheduled.
Clash over decision
Board members clashed over Williams' recent decision to move Scott Sigel — a Republican board employee who was critical of the Republican Party's finances — to a different position. Sigel sent out a letter calling for Arshinkoff to be replaced and comparing the chairman to Fidel Castro.
Williams said Sigel was transferred to ballot layout — a job with the same pay — to protect Sigel and the board from ''any political shenanigans'' and remove ''any appearance of conflict.''
Jones questioned this personnel shift being made so close to the election. ''I want to go on record: It's wrong,'' he said.
Sigel, seated in the audience, told board members that he hadn't been given the opportunity to defend himself. He said his political views didn't interfere with his ability to do his finance job. Sigel said Williams has made statements on behalf of Arshinkoff. ''Where are you going to move him?'' he asked board members.
''We are the board. You are an employee,'' Morrison replied to Sigel, adding that Williams has the authority to transfer employees.
Coughlin asked the Ohio Supreme Court on Friday to intervene in the ongoing fight over central committee candidates. He asked the court to prevent the hearings involving his 16 candidates from happening and to allow these candidates to appear on the ballot. He also requested that the court reinstate seven other candidates who the board disqualified because of alleged petition problems.
The court has not yet taken any action.
Stephanie Warsmith can be reached
at 330-996-3705 or
swarsmith@thebeaconjournal.com.
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