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State ex rel. Summit County Republican Party Executive Committee v. Brunner
Citation: 118 Ohio St. 3d 515Docket: No. 2008-0478
Court: Ohio Supreme Court; June 16, 2008; Ohio; State Supreme Court
An original action has been initiated to seek extraordinary writs to (1) compel Secretary of State Jennifer Brunner to appoint Brian K. Daley to the Summit County Board of Elections as recommended by the Summit County Republican Party Executive Committee; (2) reject the Secretary’s appointment of Donald Varían to the board; and (3) vacate all board decisions made with Varían’s vote in the majority. The statutory framework mandates a bipartisan composition for state election boards, allowing county executive committees of major political parties to recommend appointees, who the Secretary may reject if deemed incompetent. The first recommendation involved the reappointment of Alex R. Arshinkoff, a former board member, by the Executive Committee on January 30, 2008. Prior to this, Wayne Jones, a board member and Democratic Party finance chair, warned the Secretary against reappointing Arshinkoff, citing issues at the board. The Secretary indicated that she needed evidence to reject the recommendation. A packet of information, including an anonymous letter and supporting documents, was submitted to the Secretary, which led to her February 20, 2008 decision to reject Arshinkoff's reappointment. She cited his lack of competence, inappropriate partisan conduct, and attempts to intimidate judges as grounds for rejection, as required by R.C. 3501.07. In response to the Secretary's decision, the Committee convened on February 26, 2008, and recommended Brian K. Daley for appointment. Daley holds a business administration degree, is a certified internal auditor, and has extensive managerial experience, including roles as finance director and controller. He served on the Hudson City Council from 2004 to 2007, including a term as president. On February 27, during a voter forum in Summit County, Wayne Jones urged the Secretary to reject Daley's appointment to the board of elections, citing similar reasons for which Arshinkoff was rejected. Mike Moran, Hudson City Council President and a Democratic Party member, supported this view, stating that appointing Daley would not resolve issues from Arshinkoff’s tenure. The Secretary’s regional liaison, Hardy, received and forwarded information about Daley from Moran and Daley's neighbors, which included a newspaper editorial from October 2007 endorsing Daley’s opponent and an email from Moran concerning Daley. On February 29, 2008, the Secretary rejected the Committee's recommendation for Daley, concluding he lacked the necessary temperament and would contribute to an unproductive environment. In the same letter, the Secretary appointed Donald Varían, a long-time Republican and attorney, to the board for a four-year term starting March 1, 2008. Varían's name was suggested by Wayne Jones at the forum. Following Varían's expression of interest, the Secretary’s director of elections, David M. Farrell, interviewed him based on the Secretary’s questionnaire before the appointment. On March 4, 2008, the Committee filed for a writ of mandamus to compel the Secretary to appoint Daley, prevent Varían's appointment, and issue a stay on Varían's appointment pending the case's resolution, arguing that the Secretary lacked authority to reject Daley. The Committee labeled the case as expedited under specific court rules and sought emergency relief, which was denied. An abbreviated schedule for evidence and briefs was established, and subsequent motions by the Secretary for protective measures were also denied. On March 5, the newly formed board of elections held an organizational meeting that led to the termination of seven employees, in compliance with Ohio law. The case is now under consideration for its merits. The court grants a writ of mandamus compelling Secretary of State Jennifer Brunner to appoint Brian K. Daley to the Summit County Board of Elections, replacing Varían. This decision renders the Committee’s additional claims for a writ of mandamus against Varían's appointment and a writ of prohibition moot. The court denies the Committee’s requests for an emergency other writ and an alternative writ, noting that these motions had previously been denied. Furthermore, the Committee cannot obtain writs to vacate decisions made by Varían, who served as a de facto officer on the board; his actions are binding despite the court finding his appointment improper. The court clarifies that an officer de facto's actions are treated as valid, even if the appointment lacks proper authority, as long as the authority was colorable. The judgment concludes with the majority opinion favoring Daley's appointment, while Chief Justice Moyer and Justices Pfeifer and Lanzinger dissent.