Recordpub.com - Davis, Smith off Nov. ballot Both filed as independents but voted as Dem

By Mike Sever

Record-Courier staff writer

Hopes to appear on the November ballot were dashed for two Ravenna council candidates Tuesday morning when the Portage County Board of Elections voted to not certify their petitions.

The decision leaves incumbent Charles "Jack" Ferguson, a Democrat, the only candidate on the ballot.

The two, Phyllis Davis and Donald E. Smith, ran afoul of a federal court ruling that came out last year, but election officials didn't hear about until after the May primary.

Davis and Smith had filed as independents for the Ward 3 council seat, but then voted on Democrat ballots in the May 8 primary election.

A U.S. federal court decision last year found that candidates filing as independents may not be affiliated with any political parties. That decision was reinforced by a written opinion of Ohio Secretary of State Jennifer Brunner that was received by local election officials on May 24.

Neither Smith nor Davis attended Tuesday's meeting.

Asked for a reaction to the decision, Davis said, "I'm keeping my options open, but I'll definitely know better next time." Davis said she has not decided if she will attempt a write-in campaign. "Right this very second, I don't know. But I'll give it some thought," Davis said.

A message requesting comment was left for Smith. Last week, he said he would consider a write-in campaign.

When they heard of the issue last week, Smith and Davis each said they should have been warned against voting a partisan ballot in the primary.

Election officials said the federal case ruling came down Sept. 22, 2006 but Ohio officials did not notify election officials until after the primary.

"I can't tell people not to do something if we don't know about it," said Lois Enlow, director of the county elections board.

Two Kent council candidates who filed as independents, Carrie Gavriloff and John Kuhar, voted "issues only" ballots in the primary. Their petitions were certified and they will appear on the November ballot.