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Brunner Prevails in Ohio Supreme Court Dispute
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July 31, 2008 |
The Ohio Supreme Court sided unanimously with Secretary of State Jennifer Brunner on Thursday in a dispute over her rejection of the appointment of a Lawrence County Board of Elections member.
"I'm pleased with the court's decision which will allow the Lawrence County Board of Elections to continue its election preparation activities uninterrupted by a court-ordered change in board members. Carl Lilly has proved to be a collegial and valuable member of the board since his appointment in March," Secretary Brunner said after the high court's 7-0 judgment.
Brunner continued, "As the state's chief elections officer, my decisions on board appointments have been aimed to provide smooth board operations that will benefit our state's voters. Apparently, the high court's justices have agreed with my decision in Lawrence County, and this is to the voters' benefit."
The Lawrence County Republican Party sued Secretary Brunner earlier this year after the party had recommended the appointment of Mary M. Wipert to the Lawrence County Board of Elections, according to court records.
Secretary Brunner rejected the appointment, citing evidence that Wipert had engaged in partisan political and other questionable activities while previously serving as an employee of the Lawrence County board, affecting her ability to competently serve as a board member, court records say.
In a letter to the party, Secretary Brunner concluded that Wipert should not be appointed to the board because Secretary Brunner had evidence that Mrs. Wipert did not meet the statutory requirement of being competent to so serve. She rejected the county party's recommendation and, in the absence of the party sending her a second name, appointed Carl Lilly who will continue to serve his four-year term on the board. The party filed suit in the Ohio Supreme Court, alleging that the secretary of state abused her discretion in the matter.
In its five page opinion, the high court rejected the Lawrence County Republican Party's claims stating simply, "Based on the evidence submitted to the secretary of state as verified by the evidence introduced in this case, the (Lawrence County Republican Party) has not established that the secretary abused her discretion in rejecting therecommendation to appoint Wipert to the board of elections."
