The News Herald (Willoughby, OH)
Board rejects two Eastlake candidates
There will not be a mayoral primary May 4 in Eastlake after the Lake County Elections Board rejected two of the candidates who filed petitions for the seat.
At the Feb. 11 meeting, the board certified the candidacy of incumbent mayor Dennis Morley, but rejected Bob Spangenberg and Chuck Ellis. Although a process exists for Ellis to challenge his rejection, the nonpartisan primary will not be held regardless of that outcome because three candidates are needed to trigger that election.
Spangenberg’s candidacy was rejected because he did not sign the date next to his signature on two of the four petitions he filed with the elections board. The signatures he collected on those
pages were invalidated, leaving him with 34 valid signatures and 50 are needed to qualify for the primary.
Ellis was rejected pursuant to the Eastlake law director’s opinion that Ellis is “unqualified per the Eastlake city charter.”
Lake County Elections Board Director Ross McDonald said when Ellis withdrew petitions on Jan. 7, he also registered to vote at the same time.
“According to the Eastlake law director (Randy Klammer) that runs afoul of their charter in terms of qualification requirements,” McDonald said. “It does say that the ‘mayor shall have been for at least three years prior to his election continue to be a resident of the municipality and he shall have been a qualified elector of the same.’”
Lake County Elections Board legal counsel Michael DeLeone said the law requires the board do its due diligence to ensure all candidates are qualified by statute or “any other law or procedure mandated under the laws of the state of Ohio.”
“So the (Eastlake) charter was adopted under the laws of the state of Ohio and only the law director is empowered to interpret what the charter means,” DeLeone said. “So once there was that issue, Mr. Klammer...reached out and said that he was preparing a memorandum on this and I said ‘please send
that over as soon as possible.’
“And once we had the memorandum, which states that this candidacy does not comply with this section of the charter, that pretty much ties our hands at the board of who doesn’t meet the qualifications based on the law director’s legal opinion.”
McDonald said he spoke with Ellis on Feb. 10 regarding the issue and that Ellis asked about the process to request a reconsideration hearing. McDonald said he would be talking with DeLeone following the Feb. 11 meeting to respond to the question and “to make sure (Ellis is) very well aware of his rights to request that reconsideration.”
“The deadline, which he is aware of, is Feb. 19 for him to file a written request for reconsideration and it’s our understanding he would have to list the legal grounds under which his candidacy should be reconsidered,” McDonald said.
The board also certified three questions that will appear on the ballot for the May 4 special election. Those issues are: • Kirtland Schools: Continuing, 1.1-mill renewal levy with a 0.95-mill increase for general improvements at a rate not exceeding 2.05 mills.
• Leroy Township: Fiveyear, 2-mill additional levy for construction, reconstruction, resurfacing and repair of streets and roads.
• Madison Schools: Continuing, 6.99-mill additional levy for current operating expenses.