Hamilton County Juvenile Judge dispute still unresolved

CINCINNATI - There was still no decision Friday on who will become Hamilton County’s newest Juvenile Court Judge.

Hamilton County Board of Elections member continued their legal wrangling on the issue of if, how and when provisional ballots should be counted.

Tempers often flared during the a 90 minute board meeting as dozens of people crowded the room seeking a resolution to the dispute, two months after the General Election.

The underlying issue is voters who went to the right polling place, but voted or were directed to vote in the wrong precinct. In other words, right church, but the wrong pew. Over 280,000 people voted on Nov. 2. That included 11,000 people who cast provisional ballots, 800 of which have been questioned.

Once a decision is reached, it could impact the way future Ohio elections are held.

As it currently stands, Republican John Williams leads Democrat Tracie Hunter by 23 votes. However, the provisional vote question has led to orders from U.S. District Court Judge Susan Dlott on counting hundreds of ballots, rulings from former Ohio Secretary of State Jennifer Brunner and opinions from the Ohio Supreme Court.

Williams has benefited from the Ohio rulings, while Hunter’s positions have been backed by the federal court decisions.

On Friday, the Hamilton County Prosecutor’s Office suggested that board members had three options – be in contempt of the U.S. District Court, be in contempt of the Ohio Supreme Court or appeal Judge Dlott’s ruling to the U.S. 6th Circuit Court of Appeals. The appeal was recommended.

The Board split its vote two-to-two on the appeal question.

Republicans Alex Triantafilou and Chip Gerhardt voted yes, while Democrats Tim Burke and Caleb Faux said no.

“It strikes me that states do have an obligation to follow a federal court order,” said Faux. “If that were not true, the schools of Little Rock would still be segregated.”

“What’s left out of the conversation is that the Ohio Supreme Court, the highest court of this state, told us that the process that we undertook to investigate poll worker error violated state law.”

Once the vote was taken, the floor was opened to questions from the crowd.

Some spoke of constitutional issues.

“Is the State of Ohio or the Secretary of State going to do something that is going to violate the United States Constitution,” asked one man.

“The Constitution was not to grant the federal government authority over the state governments,” said another. “This is an issue of state sovereignty.”

Madisonville resident Marjorie Moseley simply stated that the board needs to make a decision soon.

“Mistakes were made. We know it,” she said. “Make a decision about the voters, about the citizens of this country, and represent all of us instead of representing your particular side, or your particular issue.”

Moseley continued, “Count the votes. Let it happen. Let somebody charge you with contempt of court. Stand up! Stand up! Stand up!"
 

Board of Elections member Chip Gerhardt said the resolution to the dispute might benefit future elections.

“As painful as this is, clarity may come from this,” he said. “That’s what the hope is.”

As the meeting wound down, tempers flared in a back corner of the room, away from the board members. Several people stood toe-to-toe and pointed fingers at one another, while loudly arguing their positions.

Gerhardt asked them to be quiet. Others in the room stepped between them. However, the arguing continued and the meeting was adjourned.

Afterward, Hunter said she believes Judge Dlott has followed the Constitution and that an appeal is not necessary.

“I believe it was constitutionally sound,” she said of the federal ruling
Williams said he thinks it’s proper that a higher court determines the outcome.

“The structure of elections in Ohio is fundamentally at stake,” said Williams, who is a former Director of the Hamilton County Board of Elections.

Both candidates admitted being frustrated that the matter has dragged on for more than two months.

“We certainly never intended to be in something like this,” said Williams. “It’s kind of above our pay grade now.”

Hunter said people before her have waited a long time for their rights, so she’s willing to be patient.

“I do hope that in the election upcoming that Hamilton County will not have to suffer through the type of conflicts that we have undergone in this last election,” she said