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Council contest loses candidate after ruling
(by Joseph Koziol Jr. - September 08, 2011)
Council contest loses candidate after ruling
By JOSEPH KOZIOL JR.
The field of candidates for Chardon City Council narrowed last week after the Geauga County Board of Elections ruled a candidate's petitions invalid.
The four-member board voted unanimously in invalidating two of five petitions submitted by Jennifer King, who was one of five candidates seeking election to three open seats on council.
The board found that Mrs. King had violated the Ohio law in failing to witness signatures on two petitions submitted but still signing them.
Nominating petitions state that signatures obtained on them must be witnessed by those signing the petitions before submitting them to the board for verification.
The board ruled that invalidating the two petitions left Mrs. King with 34 valid signatures, short of the required 40 signatures. Board chairwoman Dorothy Stange said that finding led to the board invalidating her candidacy.
Because of the violation of election law, the board referred the matter to the Geauga County Prosecutor's Office to determine whether charges are warranted. The violations are a fifth-degree felony.
Mrs. King declined comment following the ruling.
The board had agreed to hear testimony on Mrs. King's petitions after receiving two protests by Philip King, her ex-husband, who is seeking re-election to City Council in November.
Residents, candidates and those gathering Mrs. King's petitions were subpoenaed to appear at the fact-finding hearing last week, although three of those subpoenaed were not called to testify.
Geauga County Assistant County Prosecutor Sheila Salem led the questioning of witnesses to determine the facts in the case.
The first witness, Joanne Deshetler, testified that she signed the petition in the presence of Mrs. King's daughter, but not Mrs. King. Similar testimony was also given by resident Joyce Perrico.
In another case, resident Wendy Landies testified that she signed the petition in the presence of Jeanne Cseplo, but not Mrs. King.
Two others gathering petitions for Mrs. King, Jefferey Campbell Jr. and Joyce Campbell, testified that they gathered signatures for Mrs. King and signed the petitions as well.
Mrs. Cseplo testified that, although she gathered many of the signatures, Mrs. King was nearby. She said she may have been on a porch getting a signature, while Mrs. King stood back on the lawn. However, she also testified that she was alone when one resident signed the petition in a kitchen.
Mrs. King said it was a "very busy day" as a group of family and friends attempted to gather signatures on the final day for filing the petitions. She admitted to not witnessing one signature on a petition that she signed.
She said her daughter, excited about participating in the process, went off on her own to gather signatures. However, Mrs. King said, there was confusion as to the law and whether she was old enough to circulate the petitions. She said she eventually took the petition from her daughter and retraced her steps in an attempt to verify the signatures.
Mrs. King was unclear about witnessing all of the signatures, saying she had one person re-sign another form, but she could not remember whether she did with another person.
Although the petitions were questionable, Mrs. King said, she turned them in, despite having doubts about whether she should. "I really don't know which ones are which," she said.
Mrs. King said she thought that she had a sufficient number of signatures and wouldn't need the ones she was unsure about.
Ms. Salem reminded Mrs. King of the law. "Do you understand the distinction?" she asked. "It states you actually witnessed the signatures."
Mrs. King responded, "I was trying to do everything correct."
The board deliberated behind closed doors before rendering their decision.
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