Legal battle begins after board members dismissed

DAYTON, Ohio (WDTN) - The two Democratic members of the Montgomery County Board of Elections have been removed from their post by Republican Secretary of State Jon Husted as part of a flap over early voting hours in Ohio.

2 NEWS has learned Democrats Thomas Ritchie Sr. and Dennis Lieberman received letters Tuesday afternoon informing them of their removal from the board.

DOCUMENT | Read the letter here

"You knowing and willfully violated Ohio election law by not following Directive 2012-35...Thus, you are immediately dismissed from the Montgomery County Board of Elections," the letter reads .

The Democrats were removed as the result of their failure to comply with Husted's order to standardize early voting hours across the state. Ritchie and Lieberman voted to keep early voting hours on weekends despite Husted's order which only specified weekday voting, claiming that Husted's order was ambiguous.

Montgomery County originally planned to hold weekend voting hours until Husted weighed in on the matter. 

Ritchie and Lieberman were initially suspended from the board for their non-compliance, however they were reinstated so the board could continue to work.

"We really think that Montgomery County needs early voting hours on weekends.  The success rate that we've had with this back in 2008, clearly demonstrates that it works," says Lieberman.

The two have a combined 27 years on the board, the deputy director of the board of elections says this is unprecedented.

"To lose that institutional knowledge on the eve of a presidential election, is a big, big blow to our process," explains Deputy Director of the Board of Elections Steve Harsman.

Mark Owens, the chairman of the Montgomery County Democratic Party says it's the voters who will suffer the consequences.

"To have people in there with inexperience is going to be dangerous as far as making sure that the vote is fair, that it's counted right and it puts Montgomery County's votes at risk when you have that inexperience," comments Owens.

But, the chairman of the Montgomery County Republican Party, Rob Scott, says there is plenty of experience on the board without them.

"He just couldn't stand for it. Somebody that totally thumbs their nose at an advanced directive.  It's never been seen in this state,so he had to take appropriate action," explains Scott.

Some voters agree uniform voting is the way to go.

"I think there should be uniform rules with the whole nation because if we're going to vote as a nation, we should be one.  It's not a thing of this party, that party, everybody should have the right to vote," says voter Richard Holt.

Right now, Lieberman says he's weighing his legal options and plans to take action very soon.  He adds that he hasn't spoken to Husted but has something to say to him.

"My message for John Husted would be to quit playing politics, do what's right for the community.  You don't have to keep me but give weekend voting back to the people of our community because we need it," comments Husted.

The Montgomery County Democratic Party has 15 days to replace Lieberman and Ritchie.  The Montgomery County Board of Elections is scheduled to meet again on September 18th.