Brunner defends her pick; Local GOP case in top court

COLUMBUS - Ohio Secretary of State Jennifer Brunner told the Ohio Supreme Court Friday she had no choice but to opt for a third pick for the Lucas County Elections Board when confronted with recommendations from competing factions claiming control of the county's Republican Party.

In a brief filed with the court by Attorney General Richard Cordray's office, the Democratic secretary of state defended her pick of Toledo lawyer Ben Marsh for a GOP vacancy on the bipartisan board.

The brief said the "Ohio Revised Code and the Supreme Court are both very clear. When confronted by recommendations from two groups, each claiming to be the official Executive Committee, the secretary may not choose one group over the other. Only the State Central Committee can make that determination, and, to date, the Ohio Republican Party State Central Committee has not done so.''

The county Republican Party Executive Committee has asked the high court to overturn Mr. Marsh's appointment and replace him with its choice, Jon Stainbrook. It claims Ms. Brunner had no authority to reject the committee's recommendation.

Ms. Brunner also overlooked David Dmytryka, a Toledoan recommended by the party faction led by Jeffrey Simpson that claims to have ousted Mr. Stainbrook as party chairman.

Mr. Stainbrook insisted yesterday he is chairman of the party. "The statute says the only time you can organize is 6 to 15 days after a primary,'' he said. "We were organized, and we were the only one organized in Lucas County.''

The high court last week rejected the committee's request that it immediately invalidate the appointment, and has begun a briefing schedule that could carry the case into late April.

To bolster its case, the committee has pointed to a 2008 case involving the Summit County Republican Party. The justices overwhelmingly voted in that case that Ms. Brunner could not twice reject elections board recommendations from party leaders in favor of a third choice.

"That case did not address a scenario where two competing groups present themselves as the official executive committee of a county political party and both provide to the secretary conflicted recommendations for board appointment,'' Ms. Brunner's brief reads. "In the absence of a legally cognizable recommendation from a legally recognized party executive committee, the secretary has the authority and obligation [under Ohio law] to make an appointment of her own choosing on March 1 …''

Mr. Stainbrook said Ms. Brunner's position that there isn't a legally recognized leader of the party conflicts with her office's continued dealings with him as county GOP chairman in routine business.

Contact Jim Provance at:

jprovance@theblade.com

or 614-221-0496.