Lorain County Commission Candidate Sues to Overturn Primary Results, Saying Thousands of Republican Voters Were Disenfranchised

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A Lorain County commission candidate who lost his race is suing to have the results from Dr. Amy Acton’s delayed primary election set aside, citing about 90 violations of state election law and the Ohio Constitution.

The candidate, Gerald W. Phillips, filed the election contest complaint in the Court of Common Pleas for Lorain County.

The story was reported by Jack Windsor of WMFD.

Phillips says 3,142 Republican voters were disenfranchised.

Gov. Mike DeWine and Acton, as health commissioner, declared a Health Emergency and ordered the polls closed for the primary election, originally scheduled March 17, The Ohio Star reported at the time.

Phillips, who said he is an election law attorney, ran in the Republican primary for county commission against Michelle Hung. In the legal filing, Phillips is the contestor and Hung is the contestee.

Phillips alleged a number of failures by local election officials as well as DeWine and Acton on the new election day and notice that people who had asked for absentee ballots could vote in person if they had not received the ballots.WMFD reports that Phillips alleges that Acton failed to honor a public records request for quarantine information and there was deceptive data on the lethality of the virus. The complaint could result in impeachment hearings for the governor and Acton, the report says.

Phillips demanded a recount.

According to his complaint:

The Recount Results show Hung the winner in the Hung-Phillips primary race;

In the Republican Primary for the Hung-Phillips as reflected by the 5-28-20 Recount, 14,912 votes were cast, but 18,054 Republicans requested ballots to vote in the Republican Primary including the Hung-Phillips leaving at least 3,142 Republican registered electors who were disenfranchised and illegally unlawfully and unconstitutionally excluded from exercising their constitutional right to vote;

There are more than 3,142 registered Republican registered electors who were disenfranchised and illegally unlawfully and unconstitutionally excluded from exercising their constitutional right to vote as clearly evidenced by the Specific Violations Section;

Among other reliefs, Phillips is asking for:

  • Judgment that the Presidential Primary Election is null and void and no further force and effect
  • Judgment setting aside the Hung-Phillips primary race and invalidating such Hung- Phillips primary race
  • Judgment ordering a new primary race for the Hung-Phillips primary race
  • A cancellation of any certification of nomination or election to the Contestee Hung for the Hung-Phillips primary race
  • Costs
  • Reasonable attorney fees

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Jason M. Reynolds has more than 20 years’ experience as a journalist at outlets of all sizes.

 

 

 

 

 

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