Democrat Peter Ujvagi will remain on the ballot for Toledo City Council’s primary election Sept. 15 even though he missed a notification deadline by five days.
The Lucas County Board of Elections Monday agreed that Mr. Ujvagi had “substantially complied” with the intent of the notification deadline because he had turned in his required signed letter of acceptance, even though it was late. The issue was raised by the board’s staff and presented to the board as a possible decertification decision, but no action was taken.
The four-person board, made up of two Democrats and two Republicans, voted during the same meeting to decertify Republican council candidate Darryl Fingers who did not turn in his signed letter of acceptance.
The board is scheduled to meet today at 4 p.m. in a special meeting to consider removing from the ballot another candidate who failed to turn in a letter of nomination acceptance, Robert Longoria in District 4, also a Republican.
The board’s action against Mr. Fingers drew criticism from Lucas County Republican Chairman Jon Stainbrook, who said he’s asked the board about Mr. Fingers’ letter. Mr. Stainbrook said he was not notified of the board’s meeting on Monday.
“Our name was removed from the email list of notification about a meeting about a Republican candidate,” Mr. Stainbrook said. “It’s a violation of the Sunshine law.”
“Nobody ever contacted us. They decertified us,” Mr. Stainbrook said. “It’s the Board of Elections’ duty to get this paperwork to the candidates.”
Mr. Fingers’ decertification means that no primary election will be held for the District 1 council seat, which covers part of the central city and neighborhoods between Dorr Street and Airport Highway. Democratic incumbent Tyrone Riley and independent Jennifer Scott will face off in the Nov. 3 general election.
If Mr. Longoria is decertified, no primary election would be held for District 4, which includes the central City, downtown, and North Toledo. Democrats Yvonne Harper, who is the incumbent, and Peggy Brown-Morehead, a challenger, would face off in the Nov. 3 general election.
The Toledo charter requires that when someone runs for city council they are sent a letter informing them that they have been “nominated.”
They are given five days to return a letter confirming that they want the nomination. Records show the certified letter from the elections board was received at Mr. Ujvagi’s house July 24. He hand-delivered his signed letter Aug. 3.
Elections officials have records showing a certified letter was sent July 22 to Mr. Fingers at 3019 Nebraska Ave. He lives in Lot 32.
Mr. Fingers said Monday he never got the letter.
“They haven’t sent me one yet and I’ve been waiting patiently,” Mr. Fingers said.
In a response to a public information request July 30, the board of elections provided the Lucas County Republican Party with copies of records showing that the two letters were sent.
Mr. Ujvagi, the chief of public policy and legislative affairs for Lucas County, is running against three other candidates in the nonpartisan primary election Sept. 15 for the Council District 3 seat now held by Mike Craig. Mr. Craig is barred from seeking another term because of term limits in the city charter.
Running against him are fellow Democrat Robert Worthington and Republicans Glen Cook and Ernest McCarthy. The district includes all of East Toledo and the Old South End.
Mr. Ujvagi said he had no excuse for the missed deadline, saying he had set the letter down in his house and remembered it late.
“I filled it out with the intention of taking it in on time. There were a lot of things going on in the neighborhood and other activities and I didn’t realize until Friday that I hadn’t taken it in, so I took it in Monday,” Mr. Ujvagi said.
The elections board certified 47 candidates to the Nov. 3 ballot for city, county, and school district offices in Lucas County. Four candidates were not certified because they put a wrong date or no date on their nominating petitions.
They were Dawn Smith for Harbor View Village Council, Stephanie Morrill for Springfield school board, Larry Butch Leon for Springfield Township trustee, and Les Disher for Waterville Township trustee.
Contact Tom Troy: tomtroy@theblade.com or 419-724-6058 or on Twitter @TomFTroy.
First Published August 11, 2015, 4:00 a.m.