High Court denies Dan Polivka – again | News, Sports, Jobs
The Ohio Supreme Court on Wednesday allowed Trumbull County Commissioner Niki Frenchko’s motion to dismiss a complaint filed by former county commissioner Dan Polivka seeking to revoke it.
Polivka lost the November general election to Frenchko. But Polivka asked the court to overturn the victory, saying she was not a true resident of Trumbull County because her daughter was attending Lake County school during the election.
Courts and the county electoral board sided with Frenchko in several cases relating to claims against his residence before and after the elections.
Polivka has filed an action en quo warranto with the court – an action to challenge a person’s right to hold office – claiming that he is “ineligible” occupy the post “Because she does not reside in Trumbull County”, his request for the writ indicates.
Polivka wanted the court to remove him from office and declare that he is the legitimate person to occupy the seat.
Chief Justice Maureen O’Connor did not elaborate on the order dismissing Polivka’s claim.
Polivka, through attorney Rick Brunner from Columbus, argued that the Mentor school district does not allow open enrollment and Frenchko had to live in the district for the girl to attend school there. He also quoted Frenchko “non-resident” his status in a local country club and his income at Warren.
Brunner is the husband of Ohio Supreme Court Justice Jennifer Brunner, who was not involved in the case.
Frenchko, through Mentor’s lawyer Joseph Szeman, argued that Polivka’s action was “Simply the most recent attempt… to advance an issue that has already been rejected both administratively and judicially. “
“A candidate losing in an election does not have standing to bring an action in quo warranto”, Frenchko’s motion to dismiss the claim states. Even if Frenchko was not eligible, Polivka would not be the person to replace her – her party’s central committee would appoint a replacement, the impeachment of the states motion. Vacancies are always filled by appointment by the party, “never by default to the losing candidate”, the motion for impeachment of the states.
Frenchko is a Republican and Polivka is Chairman of the Trumbull County Democratic Party.
Szeman, who is Mentor’s Town Legal Director and has a personal relationship with Frenchko, also argued that the case should be dropped because Polivka’s attorneys attempted to serve the action on him at an address in Mentor, when it should have been served on him. address to Warren.
Polivka said he believed he lost the case because of a “poor” decision made by the Trumbull County Election Board at the start of the campaign season, finding that she is a good county resident.
The electoral law allows people to have multiple addresses, but requires one to vote or stand for election. It allows candidates and voters to have a residence they intend to return to as a voting address, even if they are not residing there at that time.
Frenchko called the challenges of his election “dirty policy”.
“The establishment thinks that if they lie enough people will blindly believe their lies or maybe they can just wear me out and make me quit. It will never – never happen. This is exactly the dirty policy that I promised to fight.
Polivka said knowing Frenchko’s daughter went to school in Mentor made her think “A fraud (has been) committed” during the registration process and when Frenchko solicited signatures for his nominations, and this is what prompted him to take legal action.
“I think the rules should be followed, or remove all (of) laws and rules and (let people) run where (they) choose”, said Polivka.
Polivka said candidates for city council must live in certain neighborhoods, but county commissioners appear to be able to get away with dual residency.
“It just doesn’t make sense to me” he said.