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High court favors Husted in election board appointments

ASSOCIATED PRESS

High court favors Husted in election board appointments

 

COLUMBUS — Ohio Secretary of State Jon Husted had the authority to reject the Lucas County Republican Party’s choices for a board of elections that he said fostered a “culture of chaos,” the state Supreme Court ruled Thursday.

The high court unanimously rejected the party executive committee’s attempt to force Mr. Husted, a fellow Republican, to put former board director Ben Roberts and the “politically active” Kelly Bensman on the panel.

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“The evidence amply supports Husted’s conclusion that Bensman lacked the competence to serve on the board,” the court said. “Appointing a board member with her long history of disruptive and confrontational behavior, who was repeatedly described as engaging in intimidating tactics and abusive language with board members and staff, would ill-serve Husted’s goal of restoring public confidence in the Lucas County Board of Elections.”

As for Mr. Roberts, the court noted he had previously resigned as director on Dec. 9, 2011, after five months on the job because he admittedly couldn’t change what he described as a “caustic environment.”

“Husted, as the official charged with executing the statute, has interpreted the word ‘competence’ to include an ability to change the culture of the board,” the court said. “Because that is a reasonable reading of the statutory language, we must defer to the secretary’s interpretation.”

Citing a “culture of dysfunction,” Mr. Husted on June 5, 2014, removed three of the four members of the board — county Republican Party Chairman Jon Stainbrook, GOP member Tony DeGidio, and county Democratic Chairman Ron Rothenbuhler.

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That left Democrat John Irish as the only member standing. Mr. Husted appointed the Democrats’ recommendation, Brenda Hill, for its remaining seat, but he rejected Ms. Bensman and Mr. Roberts.

He instead picked Ottawa Hills attorney Mark Wagoner, Sr., and former appellate Judge Peter Handwork.

“I believe that the court chose politics over law,” Mr. Stainbrook said. “The law is clear on this issue, and the court ignored the law. The secretary of state is only given narrow veto power and for very good reason.

“These people that we put up were both completely without blemishes,” he said. “Kelly Bensman is not in politics. She’s a hydrologist. … The court rendered a political decision. They’re aiding the secretary of state in what he is doing, which is overreaching.”

Mr. Husted said the ruling should bring an end to “an ugly chapter.”

“There was a well-documented culture of chaos at the Lucas County Board of Elections,” he said. “It was dysfunctional, and the system of elections was being undermined as a result of it. It was my responsibility to fix it when the local officials would not. We stepped in, and the Supreme Court upheld my actions by a unanimous vote.”

Mr. Stainbrook and Ms. Bensman have filed separate defamation lawsuits in the Ohio Court of Claims against the secretary of state.

Mr. Stainbrook said he expects Mr. Husted to again reject the party’s preference later this year to fill the seat held by Mr. Wagoner. He said the party will not again recommend Ms. Bensman or Mr. Roberts.

Just four members of the Republican-majority court participated in the ruling. Justices Judith Lanzinger, Judith French, and Sharon Kennedy, also Republicans, did not.

The latter two justices were on the ballot last year at the time the suit was filed. Justice Lanzinger of Toledo had been involved in multiple elections in Lucas County over the years.

Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.

First Published October 2, 2015, 4:00 a.m.

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