ELYRIA —Tim Quinn’s hopes that the Ohio Supreme Court would put him back on the November ballot as an independent candidate for Elyria mayor were dashed Wednesday when the state’s highest court tossed his legal challenge to the Lorain County Board of Election’s decision to remove him from the ballot.
The Supreme Court ruling didn’t include an explanation of why it dismissed Quinn’s challenge.
The elections board voted to kick Quinn off the ballot after discovering that he had voted in the May Democratic primary one day after he filed to run for mayor as an independent. State elections rules and prior court cases have determined that independent candidates can’t engage in partisan political activity after declaring their independence from a political party, according to county elections officials.
Assistant County Prosecutor Gerald Innes said the decision upholds what the elections board said when it removed Quinn from the mayoral race.
“We think it’s the correct decision,” he said.
Quinn, however, argued that he has run as an independent twice before – he was defeated in bids for mayor in 2007 and City Council in 2009 – and both times he voted in the Democratic primary without any penalty. The elections board has said that the rule wasn’t in place in 2007 when Quinn was put on the ballot and the issue wasn’t challenged in 2009.
Quinn has said that when he cast his ballot in May, he didn’t vote in the race between Elyria Mayor Bill Grace and Elyria school board member Holly Brinda, who defeated the three-term incumbent. Republican Ray Noble won his party’s primary.
His attorney, Gerald Phillips, has also argued that the elections board violated his client’s constitutional rights to run as a candidate and to cast a ballot.
Phillips said without the state’s highest court explaining its reasoning he isn’t certain what to make of the ruling.
“I don’t have the faintest idea what was the rationale for that decision,” Phillips said.
Phillips said that Quinn —who didn’t return a call seeking comment — has other legal avenues, including lawsuits in state or federal courts, that he could pursue to get his name back on the ballot. He said his client has not yet made a decision about what to do.
The Supreme Court, Phillips said, appears to have missed an opportunity to clarify the rules governing how independent candidates can behave.
“Everybody’s in the dark as much as they were before,” he said.
Brinda said she wasn’t surprised the Supreme Court rejected Quinn’s efforts to return to the ballot.
“Elections laws are complex and designed to protect the interests of the system and while Mr. Quinn may be disappointed that he can’t contribute as a mayoral candidate there are other ways to contribute,” she said.
Noble said he would have liked to see Quinn remain in the race, but there’s also a possibility that Quinn’s continued exile from the November contest will benefit him.
“I hope that the people who were supporting him will come over and support me,” he said.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
