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Brief argues consultation with Summit Democrat was not 'unreasonable'
By Stephanie Warsmith
Beacon Journal staff writer
Published on Tuesday, Apr 01, 2008
The fact that Ohio Secretary of State Jennifer Brunner sought the recommendation of a fellow Democrat in deciding the Republican appointee for the Summit County elections board wasn't ''unreasonable,'' Brunner argued in a brief filed Monday with the Ohio Supreme Court.
Brunner was under a deadline for making appointments to election boards across Ohio when she asked Wayne Jones, a Democratic member of the elections board, who would be a good candidate. He suggested Akron attorney Don Varian — and Brunner followed his advice. This consultation helped ''foster bipartisan cooperation,'' which the secretary of state is hoping to promote at the Summit elections board, the brief said.
''It was not unreasonable to consult with another member of the Summit County Board of Elections in seeking a competent member of the board who would be able to work to repair the fractious, partisan problems at this board,'' Assistant Attorney General Richard Coglianese, who is representing Brunner, said in the brief.
The Summit County Republican Party is asking the court to remove Varian from the board and replace him with former Hudson Council President Brian Daley — the party's recommended choice. The par
ty also is requesting that the court negate personnel changes made at the elections board since Varian's appointment.
In a deposition in the case, Brunner testified that Jones told her Summit County Republican Chairman Alex Arshinkoff shouldn't be reappointed to the board, that Daley wasn't a suitable replacement for Arshinkoff and that Varian would be a good board member.
In a brief filed earlier this month, the party said the court has never before decided a case involving a secretary of state soliciting negative information on a local party's recommended appointee to an elections board from the opposite party. State Sen. Tim Grendell, who is representing the party, accused Brunner of leading a ''witch hunt'' against Daley and Arshinkoff.
Grendell said Daley was ''extremely competent'' and should have been appointed. He said allowing Brunner's actions to stand would render the power of local parties to make recommendations ''totally meaningless.''
Coglianese, in Brunner's 41-page response brief, said Brunner ''acted well within her statutory authority in refusing to appoint Daley to the board.'' He said the court has recognized that the secretary of state has the authority to decide if a person is competent to serve on an elections board and the court ''should be hesitant to interfere with the exercise of that discretion.''
When Brunner rejected Arshinkoff, the party had the choice of either submitting another recommended candidate or challenging her decision in court. The law doesn't give the party's executive committee the right to both submit a name and — after this appointee is rejected — then file a court action, Coglianese said.
''By choosing one, the committee necessarily forgoes the other option,'' he wrote. State law ''doesn't give the executive committee another bite at the apple after its second nominee has been rejected.''
Brunner had ''sufficient reason to believe'' that Daley ''would not be competent to perform the duties'' of the elections board and to think that Varian would be able to fulfill this role, Coglianese said.
Coglianese, in a phone interview Monday evening, said Varian has been a Republican for 36 years, interned for the Republican National Committee and had just been elected to the county party's central committee.
''It's not like when she appointed Varian, the secretary looked in a phone book,'' Coglianese said. ''He's been active in Republican politics.''
Coglianese said there's nothing under state law that requires a secretary of state to investigate negative information she receives on a suggested board appointee. He said the secretary would be unable to do this within the time constraints she has for appointing board members.
Brunner is asking the court to dismiss the case and keep Varian on the board, Coglianese said.
The party has until Monday to file a final reply brief. The court then could decide the case based on the briefs and evidence. The court rarely has held oral arguments on this type of case.
Stephanie Warsmith can be reached
at 330-996-3705 or
swarsmith@thebeaconjournal.com.
The fact that Ohio Secretary of State Jennifer Brunner sought the recommendation of a fellow Democrat in deciding the Republican appointee for the Summit County elections board wasn't ''unreasonable,'' Brunner argued in a brief filed Monday with the Ohio Supreme Court.
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