Miami County election board refers sheriff dispute to state officials
Jan. 17—TROY — The Miami County Board of Elections voted Tuesday not to hear a challenge of incumbent Sheriff Dave Duchak's nominating petitions from fellow Republican candidate Paul Reece, instead referring Reece to the state attorney general and elections commission.
The nominating petitions of both Duchak and Reece had already been approved for the March ballot by the elections board. Duchak is seeking his third four-year term as sheriff. Reece, a former county deputy, also sought the office in 2016 and 2020.
The elections board had scheduled a hearing on Reece's petition challenge for Thursday, Jan. 18, but Tuesday's vote canceled that hearing.
The board's unanimous vote was based on a legal opinion provided by Eric E. Marit, an assistant prosecuting attorney in the Preble County Prosecutor's Office. That office was appointed as special prosecutor to advise the elections board because Miami County's prosecuting attorney, Tony Kendell, whose office normally advises the elections board, was named in the Reece protest.
"We have no legal reason to hear this complaint, and Mr. Reece should be referred to the Ohio Attorney General and Ohio Elections Commission," elections board member Lance Ray said in calling for the board vote.
In the letter, Marit wrote that Reece's complaint did not include any alleged violations of laws over which the elections board has jurisdiction. He recommended referring the complaint to the state offices named. The board voted 3-1 to waive its attorney-client privileges and release Marit's opinion to the public. Board member Rob Long voted against the release.
Reece filed the complaint Dec. 22 with the elections office and the Ohio Elections Commission.
In the complaint, Reece said he was reporting suspected violations of Ohio elections law, ethics law, the Ohio Revised Code, the Ohio Administrative Code and violations of the Federal Hatch Act. The act limits certain political activities of federal employees as well as state and local government employees who work with federally funded programs.
Reece claimed violations of laws and election regulations in the circulation of Duchak's petitions, allegedly by the sheriff and Kendell, among others.
Among alleged violations, he said, were the sheriff and others working in his office allegedly circulating part petitions for signatures needed to run for office while on duty, in government buildings and, at times, in work uniforms or related clothing. He also claims government vehicles may have been used by some circulators in traveling to other Miami County locations to collect signatures.
Reece spoke to the board following its vote saying he found it "troublesome" that there wouldn't be a hearing locally on the complaint.
Attorney Steve Justice, representing Duchak, called the complaint "nothing more than a good story that gets ruined by the facts."
Contact this contributing writer at nancykburr@aol.com
