Wednesday, August 09, 2006

Joy Padgett Appears to be Ineligible to Run

From The Hill:

While election officials are examining whether Rep. Bob Ney’s (R-Ohio) hand-picked successor is eligible to run for his seat in the fall, some political insiders are noting that a somewhat similar effort by another Ohio candidate for Congress was rejected last month.

Charles Morrison, a former Republican, was barred in July by the Franklin County Board of Elections from running as an independent against Rep. Deborah Pryce (R-Ohio) and Democrat Mary Jo Kilroy under the section of Ohio election law known as the "sore loser" provision.

This section states no individual who seeks a party nomination in the primary election by "declaration of candidacy or by declaration of intent to be a write in candidate" is permitted to run in the general election for any other office, other than a member of a board of education or a "township trustee."

Ney's pick to take his seat in the 18th District, Ohio state Sen. Joy Padgett (R), lost her bid for lieutenant governor in the Ohio primary in May 2006, which could bring her under the provision.

It appears pretty cut and dry to me, so unless there is some unknown loophole that lawyers can exploit, Sen. Padgett cannot run.

NOTE: Cross-posted from Right Angle Blog.

7 comments:

Matt Dole said...

It's not cut and dry in the least....

Steven J. Kelso Sr. said...

How could she get around the plain language of the law?

"...no individual who seeks a party nomination in the primary election by "declaration of candidacy or by declaration of intent to be a write in candidate" is permitted to run in the general election for any other office..."

Seems pretty clear to me.

Matt Hurley said...

I really don't have a dog in this fight, but it seems to me that Lieutenant Governor is an appointed office, not a declared candidacy...that is probably the technicality that is being explored. Although, I really don't think there is enough time to get a ruling on this...

Steven J. Kelso Sr. said...

I ask this question out of ignorance, but is Lt. Gov. really an appointed position?

I don't remember if the Bradley was on the last ballot or not.

Interesting...

Matt Hurley said...

I think it was listed as Taft/Bradley...she's on the ballot, but nobody voted for HER...

I have no idea what the election law implications are...

Steven J. Kelso Sr. said...

From the Ohio Constitution:

3.01a Joint vote cast for governor and lieutenant

In the general election for governor and lieutenant governor, one vote shall be cast jointly for the candidates nominated by the same political party or petition. The General Assembly shall provide by law for the nomination of candidates for governor and lieutenant governor.

A whole lot of lawyers are going to make a whole lot of money figuring this out. Is a "joint vote" a vote?

Matt Hurley said...

It really isn't the vote that matters so much as the "candidacy" question...at least, that's the way I read this thing going down...but you are right, there is going to be some lawyering on this and I don't think it can be resolved in time...