Appeals court to consider judicial election case

Avon Lake attorney Gerald Phillips seeks spot on ballot

A federal appeals court will consider the case filed by Avon Lake attorney Gerald Phillips, who is seeking a spot to run for judge on the November ballot.

The United States Court of Appeals for the Sixth Circuit will consider Phillips’ lawsuit against the Lorain County Board of Elections, according to a Sept. 29 ruling. The court ruled Lorain County Board of Elections is to file legal arguments by Oct. 5, and Phillips is to respond by Oct. 7.

Phillips went to U.S. District Court for the Northern District of Ohio Eastern Division seeking an order for the board of elections to place him on the Nov. 8 Lorain County general election ballot. He has been seeking run as an independent candidate for Common Pleas Court judge.

Phillips was rejected by the county Elections Board to run for judge as an independent candidate and filed a federal lawsuit against the board in July.

The court case deals with questions about judicial candidates voting in primary elections. There also are legal questions about the number of signatures that judicial candidates must collect to appear on the ballot.

No independent candidate for judge has been able to file in Lorain County since 1990, and the 778-signature requirement is unconstitutional as a severe burden, Phillips has said.

On March 14, he filed petitions with 151 signatures to run as an independent candidate for judge. The Elections Board determined his petitions had valid signatures of 138 Lorain County voters, but Phillips needed 778 signatures.

U.S. District Judge Solomon Oliver Jr. wrote in his decision that Phillips lacked the requisite 778 valid signatures required under law.

Oliver also wrote that the Elections Board rejected Phillips because he submitted petitions to run as an independent, but voted in the Republican presidential primary.

Phillips said the court of appeals will decide three questions dealing with the number of signatures and whether judicial candidates may be disqualified for voting in the presidential primary election.