After elections board tie vote, Secretary of State to decide if county candidate stays on ballot

A tie vote from the Montgomery County Board of Elections means Ohio Secretary of State Frank LaRose will decide if former Trotwood mayor Mary McDonald can stay on the ballot for a seat on the Montgomery County commission.

The four-person board met during a heated special meeting Tuesday afternoon to hear details and make decisions about a protest filed against McDonald’s candidate petitions earlier this month. The board voted along party lines, with Republicans backing a recommendation from staff to reject the protest, and the two Democrats voting to support it.

Credit: JIM NOELKER

Credit: JIM NOELKER

The split vote means McDonald remains on the ballot unless LaRose, a Republican, sides with the board’s Democrats.

“I’m excited that again, I remain on the ballot,” McDonald said. “I don’t expect to have any problem at all. I’ve been successful because I’ve worked across party lines for a long time. I choose to stay in the fight and do whatever is necessary to stand up and move forward in a different kind of leadership.”

McDonald hopes to run unopposed in the Republican primary for the Montgomery County commission seat currently held by Democrat Debbie Lieberman. As no other Republicans have filed, McDonald will face Lieberman in the general election if she stays on the ballot.

Montgomery County Democratic Party Chairman Mohamed Al-Hamdani and a voter named Brenda Blauser filed a protest against McDonald’s candidacy, alleging that McDonald did not file a declaration of intent to run as a Republican, among other items.

Credit: JIM NOELKER

Credit: JIM NOELKER

The board found that only Blauser was a valid protester, as Al-Hamdani is a member of the opposing party. Blauser was unable to attend the meeting due to a family emergency, but her attorney, Don McTigue, presented evidence to the board in favor of McDonald’s removal from the ballot.

McDonald had been a Democrat for years, but she announced her plan to run as a Republican against Lieberman during a Nov. 27 Montgomery County Republican Party press conference. McDonald sent a letter of resignation to the Democratic chairperson this month, retroactive to Nov. 27.

McTigue argued that the declaration of intent is required and that McDonald is not permitted under Ohio law to resign retroactively from her role as a precinct leader in the Montgomery County Democratic Party.

McTigue also attempted to submit into evidence a memo from the county prosecutor’s office to the board with a legal opinion on the protest. But Montgomery County Board of Elections director Jeff Rezabek said he was appalled by the document coming into the possession of anyone outside of the board — saying it is privileged information — and he called for an investigation of how it was leaked.

McDonald’s attorney, Curt Hartman, called the protest an attempt by the Democratic party “to not give voters a choice” and expressed dismay over his client’s protesters having access to privileged information.

Hartman argued that McDonald was not required under Ohio law to file a declaration of intent to switch political parties and was eligible to file candidate petitions under other sections of Ohio law linked to her collection of valid signatures from Republican voters.

McDonald’s candidacy for the March 19 Republican primary was certified Jan. 2 by the Board of Elections.

If the race moves forward in that fashion, McDonald and Lieberman would both be unopposed in March’s party primaries, so would advance to face each other in the November general election.

Lieberman said she was expecting the vote to be split, but she looks forward to the Secretary of State’s Office making a decision about the protest.

McDonald was unseated from the Trotwood mayor position by Yvette Page in the November election, where she had been seeking her third term as mayor.

McDonald said that regardless of the secretary of state’s decision, she will work to better her community.

The primary election is March 19.

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