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By Bob Dyer
Beacon Journal columnist
POSTED: 07:02 p.m. EDT, Sep 14, 2009
When area voters went to the polls a week ago, some candidates were in for a surprise. Incumbents fell unexpectedly, and others perceived as front-runners ended up nowhere near the front.
But it's safe to say nobody experienced a bigger surprise this election season than a candidate for Mogadore Village Council.
Today we bring you the curious case of Mark Hilbish.
Hilbish lives in a small ranch house near O.H. Somers Elementary School. He has issues with the way things are being handled in his town — police, fire, street paving — so he went to the Summit County Board of Elections and picked up petitions to run for council.
He figured four positions were up for grabs, three for full-term posts and one for an unexpired term.
Originally, Hilbish had designs on one of the full-term positions. But when he discovered seven people were running for those three spots, he decided to play the odds and try for the unexpired term, which runs through 2011.
He returned to the elections board, took out new petitions and made the rounds again, collecting double the 25 signatures required. He turned in his petitions and paid the $30 filing fee, feeling pretty good about things.
He felt even better when he called the board a half-hour after the filing deadline and asked whether anyone else had filed for the same race. No, he was told, you are the only challenger.
He didn't feel nearly as merry the next day, though, when he got a call from the board that went something like this:
Um . . . sorry. Even though we put this race on the preliminary ballot, it doesn't exist. We forgot about that line in Mogadore's charter that says ''the appointee shall fill the entire unexpired term.'' You were running for an opening that wasn't an opening.
Nothing like devoting 15 hours to campaigning for a nonexistent race.
As if that weren't enough, when he called and left a message about retrieving his petitions and filing fee, the call wasn't returned. Still hasn't been.
Hilbish, 54, who worked as a Cuyahoga Falls policeman for 21 years before he had to switch professions after getting a pacemaker, seems like the type of fellow who doesn't rile easily. But this has him a bit stirred up.
''It's kind of strange that, A.) it would happen to begin with, and B.) it would take so long to resolve,'' he says.
''I wouldn't want to be on the elections board and have to call somebody and tell them, 'Yeah, you went out and circulated petitions and got people to sign and support you,' then call and tell you the position you applied for doesn't exist.''
How would you like to be the person who tells him he won't get a refund? Maybe that's why he hasn't been called.
Seriously. The board won't refund his $30 filing fee.
Director Marijean Donofrio says the law won't allow it. She cites the Ohio Revised Code's section on filing fees — 3513.10 (F)(1), for those of you scoring at home — which reads, ''In no case shall a fee paid under this section be returned to a candidate.''
But surely this is not the kind of situation lawmakers had in mind.
Just to make sure, Donofrio says, the board checked with the prosecutor's office, and the prosecutor came to the same conclusion. No refund.
She said the board probably will discuss the prosecutor's opinion at its next meeting.
After initially attributing the whole mess to a ''staffing error on our part,'' Donofrio later retracted that comment and said the blame should be placed at the feet of the candidate.
''It's just my opinion that when an individual decides to become a candidate, I think they need to know everything they need to know about their petitions, their charters or state law.''
Shouldn't someone at the elections board know that, too? I mean, if I walked in and said I wanted to run for Emperor of Summit County, would they hand me petitions?
''But that would be an obvious job,'' she responds. ''The village of Mogadore council — we look up the office and see what petition goes with that office.
''I mean, I sympathize with him. If I had paid my $30 and there wasn't a seat to be had, I would probably want my money back, too.''
Well, yeah!
Bob Dyer can be reached at 330-996-3580 or bdyer@thebeaconjournal.com.
When area voters went to the polls a week ago, some candidates were in for a surprise. Incumbents fell unexpectedly, and others perceived as front-runners ended up nowhere near the front.
But it's safe to say nobody experienced a bigger surprise this election season than a candidate for Mogadore Village Council.
Today we bring you the curious case of Mark Hilbish.
Hilbish lives in a small ranch house near O.H. Somers Elementary School. He has issues with the way things are being handled in his town — police, fire, street paving — so he went to the Summit County Board of Elections and picked up petitions to run for council.
He figured four positions were up for grabs, three for full-term posts and one for an unexpired term.
Originally, Hilbish had designs on one of the full-term positions. But when he discovered seven people were running for those three spots, he decided to play the odds and try for the unexpired term, which runs through 2011.
He returned to the elections board, took out new petitions and made the rounds again, collecting double the 25 signatures required. He turned in his petitions and paid the $30 filing fee, feeling pretty good about things.
He felt even better when he called the board a half-hour after the filing deadline and asked whether anyone else had filed for the same race. No, he was told, you are the only challenger.
He didn't feel nearly as merry the next day, though, when he got a call from the board that went something like this:
Um . . . sorry. Even though we put this race on the preliminary ballot, it doesn't exist. We forgot about that line in Mogadore's charter that says ''the appointee shall fill the entire unexpired term.'' You were running for an opening that wasn't an opening.
Nothing like devoting 15 hours to campaigning for a nonexistent race.
As if that weren't enough, when he called and left a message about retrieving his petitions and filing fee, the call wasn't returned. Still hasn't been.
Hilbish, 54, who worked as a Cuyahoga Falls policeman for 21 years before he had to switch professions after getting a pacemaker, seems like the type of fellow who doesn't rile easily. But this has him a bit stirred up.
''It's kind of strange that, A.) it would happen to begin with, and B.) it would take so long to resolve,'' he says.
''I wouldn't want to be on the elections board and have to call somebody and tell them, 'Yeah, you went out and circulated petitions and got people to sign and support you,' then call and tell you the position you applied for doesn't exist.''
How would you like to be the person who tells him he won't get a refund? Maybe that's why he hasn't been called.
Seriously. The board won't refund his $30 filing fee.
Director Marijean Donofrio says the law won't allow it. She cites the Ohio Revised Code's section on filing fees — 3513.10 (F)(1), for those of you scoring at home — which reads, ''In no case shall a fee paid under this section be returned to a candidate.''
But surely this is not the kind of situation lawmakers had in mind.
Just to make sure, Donofrio says, the board checked with the prosecutor's office, and the prosecutor came to the same conclusion. No refund.
She said the board probably will discuss the prosecutor's opinion at its next meeting.
After initially attributing the whole mess to a ''staffing error on our part,'' Donofrio later retracted that comment and said the blame should be placed at the feet of the candidate.
''It's just my opinion that when an individual decides to become a candidate, I think they need to know everything they need to know about their petitions, their charters or state law.''
Shouldn't someone at the elections board know that, too? I mean, if I walked in and said I wanted to run for Emperor of Summit County, would they hand me petitions?
''But that would be an obvious job,'' she responds. ''The village of Mogadore council — we look up the office and see what petition goes with that office.
''I mean, I sympathize with him. If I had paid my $30 and there wasn't a seat to be had, I would probably want my money back, too.''
Well, yeah!
Bob Dyer can be reached at 330-996-3580 or bdyer@thebeaconjournal.com.
Comments
Click here to post your comments
Perrysburg, OH
Posted 07:31 PM, 09/14/2009
Why can no one see the simple solution. There was no race, therefore there can be no candidates, therefore the ORC section would not apply since it specifically says no fee can be returned to a candidate.
Tallmadge, Oh
Posted 08:13 PM, 09/14/2009
Tim's right, of course.
Words like head and derrière come to mind in a case such as this.
clinton, oh
Posted 08:19 PM, 09/14/2009
And people want government health care...
Posted 08:21 PM, 09/14/2009
Just another in the long list of examples of the screwed up government in Summit County. We all know Donofrio has a (D) behind his name... Wonder what party this gentleman represented????
Posted 08:22 PM, 09/14/2009
Furthermore... If the Elections Board took a filing fee for a position that does not exist, does that not constitute theft in office??
clinton, oh
Posted 08:26 PM, 09/14/2009
There are laws in place that address incompetence.
That should trump 3513.10
Akron, OH
Posted 09:24 PM, 09/14/2009
zzzzzzzzzzzzz. who cares
Rome, OH
Posted 09:28 PM, 09/14/2009
pitiful
Posted 07:32 AM, 09/15/2009
It seems to me that the elections has perpetrated a fraud. Taking money for a non existent race is akin to being paid to do a job and then simply not doing it. The amount of money is so trivial that they think Mr Hilbish would be wasting his time to pursue the matter. (Just pay the two dollars). Being unemployed, I myself might be inclined to file a lawsuit, complete with punitive damages.
M, OH
Posted 07:52 AM, 09/15/2009
Nobody wants to admit they made a mistake. Just make it right and refund the money! Since he wasn't even a "candidate," they are not breaking the law by refunding him the money. Get real!
norton, oh
Posted 08:04 AM, 09/15/2009
Tim is right.
akron, oh
Posted 08:06 AM, 09/15/2009
It is a bit nuts. It's dirty money now that it's hit the news so they'll probably find a way to give him back the money just to make the story go away. Isn't that how things work around here?
Akron, OH
Posted 08:49 AM, 09/15/2009
Bravo Dyer. Y'all make a much better whistler blower on political faux pas' than y'all do on y'alls personal vision about what traffic laws should be, i.e. speedin' tickets and how many y'all have received. Keep up the good work.
I'm with Tim on this one. No candidate...No fee.
Refund the money.
Akron, OH
Posted 08:52 AM, 09/15/2009
DS--huh? What does this have to do with health care?
Yes, people want reasonably-priced health insurance that they can't be dropped from at the insurer's whim. Maybe an extension of Medicare, which is government-run and many people are happy with.
Akron, OH
Posted 09:15 AM, 09/15/2009
After initially attributing the whole mess to a ''staffing error on our part,'' Donofrio later retracted that comment and said the blame should be placed at the feet of the candidate.
-Donofrio you are donkey's behind, can't take responsibility for anything. Typical politician all talk but can’t deal with any issues just put it back on the person who needs the help. Hope this comes up in your next re-election campaign.
clinton, oh
Posted 09:22 AM, 09/15/2009
@rayy
It was meant to point out how government gets in the way of itself.
Something as obvious as to return the money turns into bureaucracy,where no one can admit policy is wrong in this case.
Do you want the government to argue qualification of medical coverage to you over a small technicality?
clinton, oh
Posted 09:28 AM, 09/15/2009
@rayy
This isn't a health care topic, however next time there is a Medicaid article I will spell out current Medicaid/Medicare issues for you.
Tallmadge, Oh
Posted 09:50 AM, 09/15/2009
Give the guy his $30.00 back. Even if it come out of your own pocket Donofrio. It's simply the right thing to do.
Canton, OH
Posted 10:06 AM, 09/15/2009
i would think that someone at some point would be saying - boy we are going to get a lot of bad press over $30.00 let's just give him the money back.?
guess that would just make too much sense.
Cuyahoga Falls, OH
Posted 10:13 AM, 09/15/2009
The problem with this whole scenario is that generations of incumbent politicians have all played a part to create a system that favors a seated candidate. The laws and loopholes in place are part of a spiderweb of often-contradictory legislation. John Stossel did a whole expository piece on the process, based on a case in CA where a group of opponents to a bill found themselves drowning in paperwork. In the end the group invoked its first amendment rights, and the case was upheld.
The culpability of the district in this case is clear and undeniable.
RichRodforOH2010.com, .
Posted 10:22 AM, 09/15/2009
"Candidate for nothing loses twice."
Based on the headline, I thought this was going to be about someone else.
Cuyahoga Falls, Oh
Posted 11:11 AM, 09/15/2009
How far does this have to go??? does the non canadate have to file a finance report?
both before and after the election, did he pick a treasurer???
i see the possibilitys to peel this poor guy are endless, it may be more than just 30 bucks
clinton, oh
Posted 11:23 AM, 09/15/2009
@crimeofthecentury
You points are correct.
However this is much simpler then that.
Imagine the scenario below
I am Mr Donofrio. Someone from my staff walks into my office with a letter explaining the same facts
that are presented in this article.
I shake my head,smile at my staff person,and
say,"Give the gentlemen his money back"
That simple,that appropriately!!
clinton, oh
Posted 11:38 AM, 09/15/2009
Sorry, Marijean Donofrio
I meant to write "Ms" Donofrio
Akron, OH
Posted 03:13 PM, 09/15/2009
What would happen if a store owner took his $30 and then refused to hand over the pair of shoes he thought he just purchased?
What if I walked around door to door collecting donations for UNICEF and then pocketed the money?
What if I went on eBay and started selling ThingAMaJigs for $30 each, only to later reveal to the buyers that they weren't real and they wouldn't be receiving them in the mail?
What if I lied about being destitute and started collecting welfare payments I didn't deserve?
Government is dishonest and corrupt at every level folks. Unfortunately, they can usually get away with it while we can't.
Barberton, Oh
Posted 03:45 PM, 09/15/2009
How about this:
Let him run for one of the full-time positions with out charging him the fee or making him re-campagign. Everyone wins...
New Franklin, OH
Posted 03:58 PM, 09/15/2009
~They must really need the MONEY~
Mogadore, OH
Posted 04:47 PM, 09/15/2009
Time to call Tim Misny...He will be there and he'll make them pay!
Akron, Oh
Posted 07:26 PM, 09/15/2009
Marijean Donofronofio, you got out of your league when you left being one of 3 secretaries for McCarthy. Give the guy his money back, and quit talking to the press. It just goes to show you Marijean, it's always something.
Akron, OH
Posted 11:07 PM, 09/15/2009
=============
if I walked in and said I wanted to run for Emperor of Summit County, would they hand me petitions?
=============
Apparently!
Don Plusquellic has been pulling this trick for over 20 years.
Akron, Oh
Posted 12:41 AM, 09/18/2009
I would have handed him the money from my wallet. Tells you how cheap they are.
