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Final brief claims Democrats now have control of elections board
By Stephanie Warsmith
Beacon Journal staff writer
Published on Tuesday, Apr 08, 2008
Ohio Secretary of State Jennifer Brunner disrupted the balance of power at the Summit County elections board by taking a fellow Democrat's advice in making a Republican appointment to the board, according to a brief filed Monday with the Ohio Supreme Court.
The elections board is now under the control of the Democrats, rather than the four-member board being evenly split between the two parties, said state Sen. Tim Grendell, the attorney representing the Summit County Republican Party in the case.
''There is nothing 'fair' about allowing a key official of one political party to manipulate the county elections board process under (state law) in a way that gives that party the ability to control the appointment of three of the four members to a county elections board,'' Grendell said in the 20-page brief — the last required to be filed in the case. ''That unfairness is precisely what Brunner has caused to happen in Summit County.''
The county Republican Party is challenging a decision by Brunner to reject former Hudson Council President Brian Daley — the party's recommended choice for the elections board — and instead appoint Akron attorney Don Varian. The party wants Varian removed, Daley put on the board and employment changes reversed that were made since Varian's appointment.
Brunner testified in a deposition that Wayne Jones, a Democratic member of the Summit County elections board, told her she shouldn't reappoint Summit County Republican Party Chairman Alex Arshinkoff to the elections board. Jones also suggested to Brunner that Daley wouldn't be a suitable replacement and that Varian would. Varian is involved in an effort to unseat Arshinkoff as party chair.
Grendell has said this case is ''unprecedented'' for the court.
In the brief Grendell filed Monday, he said Brunner's actions have caused ''overzealous and overpowering partisan influences'' at the elections board. He said what Brunner did makes a
party's right under state law to recommend a board appointee ''meaningless.''
''Each party's executive committee has the power to make a recommendation,'' Grendell said Monday in a phone interview. ''To allow one party to say 'no' — that renders that statute and the rights of the other party nonexistent.''
Assistant Attorney General Richard Coglianese, who is representing Brunner, said in a brief filed last week that it wasn't ''unreasonable'' for Brunner to ask for Jones' input. He said Brunner was under a deadline for making appointments to elections boards across Ohio.
Coglianese also said Brunner's actions helped ''foster bipartisan cooperation,'' which she is hoping to promote at the Summit elections board. He said Brunner had reason to believe Daley wouldn't be a good appointee, while Varian would serve well.
Varian again Monday denied the party's claim that he's in league with the Democrats. He called himself a party ''loyalist,'' who has voted in Republican primaries, worked on GOP campaigns and never supported a Democrat for office.
''Mr. Arshinkoff looks at any Republican who is not an Arshinkoff Republican as a deserter,'' Varian said.
The court can now decide the case based on the briefs and evidence presented by the two sides. The court rarely has held oral arguments in such cases.
Grendell predicted a decision within about 30 to 45 days. He said it's unlikely a ruling will be made by April 21 — when the county party's central committee will meet to decide whether Arshinkoff should remain chairman. The New Summit County Republicans, which has been leading the effort against Arshinkoff, is suggesting Cuyahoga Falls Council member Carol Klinger as his replacement.
Stephanie Warsmith can be reached
at 330-996-3705 or
swarsmith@thebeaconjournal.com.
Ohio Secretary of State Jennifer Brunner disrupted the balance of power at the Summit County elections board by taking a fellow Democrat's advice in making a Republican appointment to the board, according to a brief filed Monday with the Ohio Supreme Court.
Get the full article here.
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