The Morning Journal (Lorain, OH)

Prosecutor Will says claims are election ‘silliness’

- By Richard Payerchin rpayerchin@morningjou­rnal. com @MJ_JournalRic­k on Twitter

An Ohio Supreme Court action to compel a voter fraud investigat­ion is “silliness” that crops up in election season, said Lorain County Prosecutor Dennis Will.

Meanwhile, Lorain police investigat­ed allegation­s about people wrongly voting in the city and brought no charges of voter fraud, Will said.

On March 9, former Lorain City Councilman Dennis Flores filed a case at the Ohio Supreme Court seeking an order for the county prosecutor to investigat­e alleged voter fraud from Flores’ 2015 Council race against Ryan Horn and Joseph Smith.

But on

March 3, Lorain County Assistant Prosecutor

Gerald Innes informed Flores by electronic mail that the

Lorain Police Department already had conducted an investigat­ion into the matter in 2017.

“Despite that knowledge, Flores and Phillips chose to file an unfounded mandamus action a week before an election,” Will said, referring to the Ohio Supreme Court case. “It was investigat­ed and Mr. Flores knew that.”

Flores chose to file the High Court case anyway, “which to me is suspect because it sounds like your normal silliness in the election season that people do,”

Will said.

On March 17, Lorain County Democrats will vote in a primary election with Will and challenger J.D. Tomlinson.

The winner of that race will face Lorain attorney Robert Gargasz, the Republican candidate running for county prosecutor.

Meanwhile, Flores’ attorney, Gerald W. Phillips, of Avon Lake, is running for Lorain County commission­er in the Republican primary against candidate Michelle Hung of North Ridgeville.

The winner of that contest will face Commission­er Lori Kokoski, a Democrat, and Libertaria­n write-in candidate William Daniel Fichtel.

Possible fraud?

Flores, working with Phillips,

went to Lorain County Common Pleas Court to contest election results.

In January 2017, Judge Mark A. Betleski sent a letter to the Lorain County Prosecutor’s office referring the claims for investigat­ion.

Lorain police were aware of the allegation­s and indicated they would conduct an investigat­ion, Will said.

In November 2017, Lorain police concluded an investigat­ion and sent a report to Will’s office to review.

Police filed no charges related to voter fraud, he said.

Police also investigat­ed potential charges against Anthony Horn Sr., the father of Ryan Horn.

Those allegation­s related to the elder Horn receiving “owner occupied credit” on his real estate taxes on multiple residences in Lorain and Cuyahoga counties over a six year period, according to Will’s office.

“The potential charges against Anthony Horn Sr. relating to his receipt of the owner occupied tax credits were fourth-degree misdemeano­rs and, as a result, the Lorain Police Department was encouraged to file those charges in Lorain Municipal Court where misdemeano­r cases are handled,” Will said.

‘Disgracing the election’

Those allegation­s were baseless, said Anthony Horn.

In the 2015 Lorain County court case, Anthony Horn said Phillips asked him about receiving the homestead exemption tax break on some properties Horn owned.

Anthony Horn said he purchased two Cuyahoga County homes from people who qualified for the homestead exemption tax break, which goes to people ages 65 and older.

He said he inherited the tax break for six months, then it expired because he was not eligible for it.

As for voter fraud, the Lorain County Board of Elections have Democratic and Republican members who watch each other and do not let each other cheat, Anthony Horn said.

He said Flores’ claims were “disgracing the whole election.”

“I feel sorry for Dennis Will because they ambushed him with this,” Anthony Horn said. “Dennis Will did the right thing: He chose not to indict because there was nothing there.”

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