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Published: Wednesday, 10/6/2004

Ohio top court affirms judge's loss in Erie County

COLUMBUS - The Ohio Supreme Court yesterday upheld a lower court's decision in the contested election of an Erie County judge.

Erie County Common Pleas Court Judge Ann Maschari contested last March's Democratic primary vote result, which she lost by 904 votes to Tygh Tone. She claimed the results were influenced by hundreds of crossover Republican voters whose party affiliation was not challenged by poll workers.

The 6th District Court of Appeals in June found in favor of Mr. Tone and affirmed the election results.

The supreme court voted 4-2, with Paul E. Pfeifer and Terrence O'Donnell dissenting and Alice Robie Resnick not participating.

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