Leneghan to contest primary vote recount

WASHINGTON — U.S. House Republican candidate Melanie Leneghan plans to contest the election results in Muskingum County, a move she and her lawyer believe could have Chief Justice Maureen O’Connor decide whether there should be a new vote in the county for the 12th Congressional District seat.

Peggy Guzzo, a Columbus attorney representing Leneghan, said election officials in Muskingum County might have violated procedures when they conducted a recount Wednesday of the votes cast in several precincts of the county in last month’s Republican congressional primary. Leneghan narrowly lost to Republican Troy Balderson in the primary.

Regardless of its merits, the complaint likely will complicate Republican attempts to unify the party and hold the congressional seat that the GOP has controlled since 1983. Conservatives enthusiastically backed Leneghan, a Liberty Township trustee in Leneghan Delaware County.

Guzzo said a formal complaint to contest the election will be filed within 10 days. She has complained that Muskingum County election officials did not unseal the votes Monday in the presence of observers from the Leneghan campaign, as required.

Although Guzzo said she hopes to have her complaint heard by Chief Justice O’Connor, Mark Braden, a Washington attorney who represents Balderson, said he has “some doubts” that the Ohio Supreme Court would have jurisdiction.

“To contest an election, you have to allege and prove irregularities that would change the result,” said Braden, a partner in the Washington office of the Ohio law firm of Baker & Hostetler. “There is no evidence of that.”

Balderson, a state senator from Muskingum County, defeated Leneghan in a nine- way Republican primary by 775 votes to become the GOP nominee in the November election against Democrat Danny O’Connor. His margin of victory was fueled by a strong showing in his home county.

Balderson also narrowly defeated Leneghan in a separate vote among 10 Republicans for the Aug. 7 special election. Leneghan does not plan to challenge the August results.

“We have reason to believe those votes may not be correct given the unusual breach of protocol of recount procedures,” Guzzo said. “We want to make sure the voters decide the winners and losers, not something afoul.”

Leneghan is paying for a partial recount of the votes from parts of Franklin, Muskingum, Licking and Delaware counties. Leneghan does not plan to contest the results in Franklin, Licking and Delaware.

Muskingum election officials declined to be quoted by name other than to say they handled the recount properly and the votes did not change.

Meanwhile, the Franklin County Board of Elections released results late Thursday of the recount, finding “no changes” from the official canvass in the counties that had conducted a recount.