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Recall attempt comes up short

ELYRIA — The signatures of 772 people who signed the petition needed to force a recall election of Mayor Bill Grace are invalid, meaning circulators will have to hit the streets again if they want to get on a ballot.

The Lorain County Board of Elections processed the 124-part petition this week to verify that each signature was that of a registered Elyria voter. On Thursday, Clerk of Council Art Weber personally picked up the board’s final report, which stated only 1,857 signatures of the 2,629 names that were turned in were valid.

Grace

Grace

Craig Bevan, co-founder of Stand Up Elyria, the political action committee framed to run the recall effort, said he will go to City Hall today with his attorney to formally receive the report. He is bringing an attorney because he believes the Board of Elections report is wrong, he said.

“I just can’t believe almost 800 signatures were not good,” he said. “I’m not surprised, because I think Mayor Bill Grace will do anything to keep his job.”

The group began circulating a petition in October 2008. Grace was re-elected in November 2007 to his third term in a race where he beat challenger Tim Quinn, a political newcomer, by garnering 4,461 votes to Quinn’s 4,009 votes.

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That campaign was led by Phil Tollett, who said he is ready to lead any other campaign that should arise from the recall effort.

“No question about it. I have never backed down one iota,” he said. “I support what the citizens of Elyria say and they said our mayor should be our mayor less than 24 months ago, and he should be our mayor today.”

Tollett said he is only interested in fairness on both sides.

“They have all the rights in the world to do what they are doing, as long as it’s legal and democratic,” he said. “A small group has made the decision that our taxpayers are wrong and want to change the decision of the voters. We just want to make sure that the process is fair, correct and legal.”

On Thursday, Grace said his focus is not on the recall effort.

“My focus is on the city and passing Issue 10,” he said. “There are still standards they have to meet. They may meet them or they may not. But regardless, my focus will remain on Issue 10.”

Issue 10 is a 0.5 percent permanent income tax increase city leaders voted to place before voters on the November ballot.

Board of Elections Director Jose Candelario dismisses any claims members of his staff purposely fixed the report to favor Grace. Neither Grace nor anyone from this camp was a part of the verification process, Candelario said.

“This is a Board of Election function as we are the stewards who hold the county voting records,” Candelario said. “If there is some dispute, we give them back the petitions with all our notes. They can see whose signature is valid and whose was not.”

Candelario said the verification process started with members of his staff looking over each signature and comparing it with the signature and voter registration information on file. If there was a questionable signature, Candelario said he personally looked over the name and he also looked over the final report before sending it back to the Weber.

“We were not any more stringent in this situation than any other time we are called in to verify signatures on a petition,” he said. “If anything, in this particular situation, we erred on the side of the petitioner.”

Of the 772 signatures the board could not validate, 147 names were illegible, 276 came from people who are not registered voters, 49 signers did not live in Elyria, 63 were from people who signed twice and 221 signatures either did not match signatures or addresses on file with the Board of Elections.

The signatures of 13 signers were tossed out completely after staff members found an error on one part of the petition and the signature of a convicted felon on the other.

Elyria City Charter gives proponents of the recall election 10 additional days to collect the necessary signatures to reach the 2,270 threshold needed to continue the recall effort.

If the committee cannot find 413 additional signatures before that time, the recall effort fails.

Bevan did not comment on whether the recall committee would circulate more petitions. He plans to release a statement today through his attorney, he said.

Grace also has hired an attorney to advise him during this process, he said.

He has chosen election law attorney Don McTigue of Columbus.

McTigue said he is the personal counsel of Grace and is not acting in any legal capacity for the city. Grace and his campaign committee are paying the legal fees.

“It’s the right of any elected official facing a possible recall to consult with someone who is well-versed in these matters,” McTigue said. “It’s an area of law I have much familiarity with and have worked on three other recall petitions this year.”

While those in Stand Up Elyria are deciding if they should go forward with the recall effort, McTigue said he will remain focused on ensuring the integrity of the process is protected and taxpayer dollars are not wasted on an election where the threshold level of support has not been established.

He said he was not surprised by the Board of Election report.

“I looked at the petitions before they were sent to the Board of Elections and saw a number of signatures that appeared to be in the same handwriting,” he said. “Those are the types of things that the Board of Elections and the voters should be mindful of in regards to people using the process of getting on the ballot.”

Weber said the petitions were not widely circulated around the county before heading to the Board of Elections as Bevan claimed Thursday. He made copies for Bevan, Kim Ach, another co-founder of Stand Up Elyria and Law Director Terry “Pete” Shilling.

However, once the petitions are in his hand, they are considered public records and he can give them to whoever should ask for them.

McTigue likewise dismisses claims Grace interfered with the verification process.

“That’s preposterous,” he said. “The Board of Elections is independent, appointed by the Ohio Secretary of State. It’s an independent review by a board appointed outside of Elyria. That type of comment is something that I hear from people who have not done a good job in circulating a petition.”

Candelario, whose staff is working hard to prepare for the Nov. 3 election, said staffers used the same process that has been long-established at the Board of Elections. And, they spent a significant amount of time away from their election duties to ensure verification was done accurately.

More Issue 10 public meetings set

Issue 10 campaigners will continue their citywide sweep to reach voters leading up to the Nov. 3 general election.

Town hall meetings are scheduled for 6:30 to 9 p.m. Tuesday at St. Agnes Church and 7 to 9 p.m. Wednesday at the East Recreation Center. At 10 a.m. Thursday tax proponents will speak at the Jolly 60’s Senior Fellowship meeting at the Elyria Baptist Church on Washington Avenue.

Also the Elyria Police Department will be joined by other city workers and residents in a door-to-door canvassing effort on each day before the town hall meetings.

Contact Lisa Roberson at 329-7121 or lroberson@chroniclet.com.



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