Norton to remain on ballot for East Cleveland mayoral primary

Discussion is now taking place regarding the issues of (A) standing and (B) the issuance of a certificate to Gary Norton entitling him to hold office. Board member Eben (Sandy) McNair is telling Mr. Silvera that the Board’s staff has advised that Mr. Norton is now in compliance. Mr. Silvera is arguing that that Mr. Norton remains in noncompliance under Ohio Revised Code 3517.

I have just completed a hasty review of the confidential report of the county prosecutor’s July 15, 2013 report, “Opinion Regarding Compliance with Ohio Law for Issuing Certificates of Election and Nomination”. The Board during this meeting authorized the release of this opinion to the public.

It appears that the Board “[is] not authorized to restrict a person from becoming a candidate. The statute only comes into effect when such person is successful in the election and the Board then determines that it must withhold the certificate of nomination or election.” [Legal Opinion of David G. Lambert, chief of the civil division of the Cuyahoga County Prosecutor’s office.]

The Board just voted 4-0 at 10:13am to deny Mr. Silvera's petition due to his lack of standing to bring the challenge [i.e., he is a Republican bringing a challenge to a candidate of a party of which he is not a member.]

The Board did express appreciation for Mr. Silvera's "public service" in bringing these issues to its attention and advised him to submit further information for consideration relative to whether Mr. Norton may be certified as a public official in the event he wins re-election in November.

The Board will shortly be moving on to the issue of Mr. Norton's primary opponents.

Live from Board of Elections: Challenge to East Cleveland mayor facing legal obstacles,

At this stage it appears there are two problems with Mr. Silvera’s challenge to Mayor Norton. First, East Cleveland’s mayoral primary is partisan. Ohio law provides that only a member of the candidate’s own party may legitimately challenge that candidate’s place on the ballot. Secondly, the county prosecutor has issued an opinion that supports this position. Additionally, it appears that Mayor Norton has filed his delinquent reports.

LIVE FROM COUNTY BOARD OF ELECTIONS!

Parties have arrived early for what may be a pivotal hearing for the City of East Cleveland. As reported here last week, East Cleveland City Council president Joy Jordan is in a struggle to claim a place on the ballot in her city’s October 1 mayoral primary.

Today’s County Board of Elections starts in about ten minutes. Item 5 on the Board’s agenda is “Protest hearing regarding candidate petition filed for the October 1, 2013 East Cleveland Mayoral Primary Election.” This item presumably refers to Jordan’s petitions, which have yet to be certified by the Board, apparently due to her campaign’s failure to properly constitute her Committee of Electors, a requirement that may be unique to East Cleveland.

Present in the public gallery, in attention to Jordan, are a small number of her supporters, including her father, activist dentist Eugene Jordan. Also present is Gerald Silvera, a Republican who has filed complaints with the county and state challenging the ballot eligibility of East Cleveland Mayor Gary Norton, who has been delinquent in filing campaign finance reports in several prior campaigns.

East Cleveland law director Ronald Riley is also here, as are a number of city hall regulars.

Former East Cleveland mayor Darryl Pittman has just arrived, along with law partner James Alexander. Pittman has represented City Council in the past in its frequent battles with the Norton administration.

Cleveland city councilman Jeff Johnson has also appeared, perhaps relative to correspondence he has submitted to the Board.

We will update this report as the day proceeds.

9:34

Meeting has just started with the Pledge of Allegiance.

Mayor Norton has arrived.