Monday, March 19, 2007

Legal Basis for Brunner Move to Fire Cuyahoga County BOE

Secretary of State Jennifer Brunner demanded today, 3.19.2007, that all four members of the Cuyahoga County Board of Elections step down. If they don't resign voluntarily, she plans to replace them on Wednesday. The two Republicans, including Bob Bennett, who is also the Ohio GOP Chair, are vowing to fight Brunner's action. The two Democrats seem to be undecided as to whether they will resign. (If you click on the link in this entry's title you can read the PD story about Brunner's action.)

Brunner is apparently relying on the following section of the Ohio Revised Code:

§ 3501.16. Removal or suspension from office

The secretary of state may summarily remove or suspend any member of a board of elections, or the director, deputy director, or any other employee of the board, for neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of Title XXXV [35] of the Revised Code, or for any other good and sufficient cause. Except as otherwise provided in section 3501.161 [3501.16.1] of the Revised Code, vacancies in the office of chairperson, director, or deputy director shall be filled in the same manner as original selections are made, from persons belonging to the same political party as that to which the outgoing officer belonged. If those vacancies cannot be filled in that manner, they shall be filled by the secretary of state.


We say "apparently" because the articles we have seen so far don't cite to what section of the Ohio Revised Code she is using to take this bold step. It will be interesting to see what happens next. Board of Elections are used to pretty much running their own show and this action by Brunner certainly puts BOE members on notice that she intends to aggressively oversee their performance in holding elections.

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