Ohio Democrats sue Husted over early voting flap

DAYTON, Ohio (WDTN) - The Montgomery County Democratic duo fired from their seats on the county Board of Elections by Ohio Secretary of State Jon Husted filed a lawsuit in Federal court Monday seeking to be reinstated to their jobs on the BOE.

The suit filed Monday also asks a judge to delay a previously scheduled hearing to appoint replacement Democrats on the board.

The lawsuit argues the Democrats did not violate Husted’s directive by voting to add additional hours to early voting in Montgomery County.

Dennis A. Lieberman and Thomas R. Ritchie, Sr., were dismissed from their positions on the board on Aug. 28 following what Husted described as their refusal to carry out his directive.

The directive, also known as Directive 2012-35, called for uniform weekday early voting hours in Ohio but did not specify any weekend hours. As a result, Lieberman and Ritchie voted to continue with the county’s original plan and hold weekend early voting hours.

According to the lawsuit, Husted’s office contacted the Democrats following their vote via a letter indicating they would be removed from office if they did not comply with the directive.

In the lawsuit, Lieberman argues that his vote to include weekend hours was not in violation of the directive and thus he should not have been removed from his position on the board.

The suit asks a judge to restore the pair to their position, arguing that their experience on the board is necessary.

"A major presidential and general election will take place in less than two months from today. There is no risk that the reinstatement of the Plaintiffs to their Board positions will have a negative effect on that election process. There is, nonetheless, some risk that an effort to replace them on the board with new members who would be at the start of the learning curve could have a negative effect on that process," the suit argues.