Tuesday, July 16, 2013

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.

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