Reece, challenger in Miami County sheriff election, files protest vs. Duchak

Jan. 4—TROY — Paul Reece, a candidate for Miami County sheriff in the March 19 primary election, has filed a protest against the nomination petitions submitted by incumbent Sheriff Dave Duchak.

The Miami County Board of Elections will schedule a hearing on the protest for sometime this month. The board has a special meeting at 4:30 p.m. Friday to schedule that hearing and hearings for any other candidate petition protests filed by the 4 p.m. Friday deadline.

Both Reece and Duchak are Republicans. No Democrat filed for the sheriff's seat as of the December filing deadline.

As of noon Wednesday, the protest by Reece was the only one filed so far, said elections Director Laura Bruns.

The Board of Elections briefly discussed the protest process at its Dec. 28 meeting. The board will need to seek a special prosecutor to represent it at the protest hearing because county Prosecutor Tony Kendell, whose office represents the board in legal matters, is named in the Reece protest.

The special prosecutor will likely come from an area county and serve as part of an agreement between the counties to provide prosecutorial related services in another county, as needed.

Reece filed the complaint with the elections board and Ohio Elections Commission on Dec. 22.

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 claims 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.

The petition alleges five part petitions should be removed from the petitions submitted with the elections board on Duchak's behalf.

"Based upon examination of all petitions filed by Dave Duchak, five petitions are corrupted in their entirety and should be removed from the total number of petitions which were filed ..." Reece wrote. "Where appropriate, other sanctions and penalties should be imposed as deemed just and fair."

Duchak said that he had not received the complaint but called it "without merit, and I know the board will find the same. He (Reece) was beaten handily in two previous elections, which speaks for itself."

Reece, a former sheriff's deputy, was among four candidates in 2016 when Duchak first was elected sheriff and again opposed him in 2020. Duchak won both elections.

Contact this contributing writer at nancykburr@aol.com