Judge won't restore Democrats to Board of Elections

DAYTON, Ohio (WDTN) - The two Montgomery County Democrats removed from the board of elections by Ohio’s Republican Secretary of State will not immediately return to their seats after a judge denied their request for a preliminary injunction Thursday.

Dennis A. Lieberman and Thomas R. Ritchie, Sr. filed a federal lawsuit seeking to be restored to their posts on the Montgomery County Board of Election. The duo asked the court for an injunction which would have immediately returned them to their seats.

Judge Walter H. Rice said Lieberman and Ritchie “failed to make a clear showing why they are entitled to the requested relief,” and denied the request. He scheduled a Nov. 13 conference call to set dates for hearings to resolve the rest of the lawsuit.

Lieberman and Ritchie, both Democrats, 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.

The judge’s Thursday ruling makes it clear that the issue will not be resolved before the Nov. 6 general election and that the democrats selected to replace Lieberman and Ritchie will continue to serve on the Board of Elections until the dispute is settled.

The state’s early voting schedule lies at the heart of this dispute. Historically, early voting favors Democratic candidates. Husted’s directive would have prevented early voting from taking place on the last three days prior to the election; these days were already scheduled and funded by Montgomery County.

A federal lawsuit has since reestablished the final three voting days in the State of Ohio.

Early voting was enacted following the long lines and delays associated 2004 presidential election.