A lawyer for Toledo City Councilman Lindsay Webb has turned to the state’s appeals court to block a Lucas County Board of Elections protest hearing set for Wednesday.

Attorney Keith Wilkowski filed a complaint in the Ohio Sixth District Court of Appeals saying Ms. Webb, a Democrat, should not be removed from the ballot over a missed deadline.

In his 11-page complaint, Mr. Wilkowski contends that the protest filed by one of Ms. Webb’s opponents, Republican Douglas DeCamp, in the Sept. 13 primary election was filed after the deadline for protests.

He also contends that the requirement in the city charter for a candidate to respond with a letter to the elections board accepting his or her nomination within five days requires only “substantial compliance.”

Ms. Webb’s letter was due on July 28, according to the city charter, but was not received until seven days later. The elections board has set a hearing for 1 p.m. Wednesday to decide whether to decertify Ms. Webb from the ballot.

She is seeking election to a second four-year term representing the 6th Council District that includes parts of north and west Toledo as well as Point Place.

First Published August 23, 2011, 1:33 p.m.