Recordpub.com - Ballot age limit to federal court: McClafferty loses Portage appeal

By Mike Sever

Record-Courier staff writer

It’s on to federal court for Brett McClafferty in his campaign for mayor of Streetsboro.

The Portage County Board of Elections rejected the 21-year-old’s appeal to be put on the November election ballot because Streetsboro’s charter requires mayoral candidates to be at least 23 years old. Because of the provision, the elections board rejected McClafferty’s nominating petitions in August.

“I’m going” to federal court, McClafferty said after the board’s vote, adding the challenge is not about just his candidacy.

“I think the age requirement really promotes apathy” in younger voters. He said “it makes it very difficult for someone to become involved” in government.

With the election only weeks away, McClafferty’s attorney, Avery Friedman, said he anticipated the U.S. District Court would require an expedited briefing by all parties.

“This is a very exciting constitutional challenge,” Friedman said.

During an administrative hearing Thursday morning, Friedman argued the age change was a reaction to McClafferty losing a chance to be on the ballot by one vote in the 2007 primary.

“There is absolutely no constitutional basis for the age requirement,” Friedman said.

He argued that election rights law has evolved since the Constitution was written to include age limits for Congress and President.

Streetsboro’s age limit “encroaches on fundamental democracy” and disenfranchises 18 to 23 year olds, he said.

He also questioned how many voters were aware of the age limit since it was at the bottom of a three-item charter change on the ballot.

Blair Melling, the city’s law director, expressed confidence the city would prevail in court. During the hearing, Melling told the elections board “your duty here today is to follow the law ... and the law is the charter.” The age limit was adopted by a large majority, he said.

After a 10-minute executive session, the four-member board of elections voted unanimously to not uphold McClafferty’s appeal.

Craig Stephens, a Democrat, said he thought the issue should be reviewed by a federal court.

Chairman Norm Sandvoss, a Republican, said the board was of two minds on the issue, between what they think personally and what their duty is to uphold the law.

“We wish you well in federal court. I hope you win,” Sandvoss said to McClafferty.

Several Streetsboro council members attended the hearing.

Nick Funari, Ward Four councilman and a member of the charter review committee, said he was offended by Friedman’s contention voters didn’t read what they were voting on when they passed the age limit.

Emerylde K. Bradley, Ward Two councilwoman, said McClafferty should have challenged the charter change when it passed.

“You don’t sit on it for two years and then threaten the very people you want to vote for you,” she said.

29.	Posted by Republican Red September 5, 2009
	AdamD, I can respect your last post. You were much more professional and well spoken. You were not like that in your previous posts, you came off as radical and vindictive. In McClafferty's defense, city officials have been trying to derail his popularity and sabotage his political ambitions since he nearly won in 2007. i am sure there is a lot going on behind the scenes that you are unaware of. Like the letter on the courthouse? Who cares! He was trying to "wave the flag for Streetsboro" as the paper put it. Art goes on a tangent because he wasn't involved? Why would McClafferty feel compelled to involve a guy who obviously is not going to be mayor in a couple months, i mean for Christ sake he got the least amount of votes in the last election. I think that the "special place in hell" comment showed frustration a lack of tact, but at least you know where he comes from. He doesn't sugar coat it or talk out both sides of his mouth. I think he needs to be commended for saying what many of us were thinking. I can't even imagine his stress level. School, Businesses he owns, politics... he has shown that he can really carry the cross... maybe you guys want the smooth talker, hair neatly parted - politician. I would rather elect somebody with ambition, vision, and a mouth for straight talk. Nonetheless AdamD, I am sure if you were to weigh all the candidates... you would clearly see that not one matches the political or intellectual level of Brett. And as far as clerks go, I think you are speaking about his ongoing quarrel with Stacey Vadaj... maybe you should ask around about her. She would be the first person I would fire if I were him (if he's elected).

28.	Posted by AdamD September 5, 2009
	I admit, I am a very busy person, always on the run. I usually only have a couple minutes to jump on here to comment on events. I'm usually on my way to important meetings or trying to catch the next flight to who knows where?? I do enjoy a good debate. I have found too much name calling on this forum for me to actively participate as much anymore. From now on, I'll just try being an observer more than getting involved. Just for the record before I leave... I did vote for Mr. McClafferty the first time around. I voted down the age restriction. I believe that voters can make up their own mind. If Brett ran again this time and there was no age restriction, I might have considered voting for him again. I do believe that even though I voted against the age restriction, enough voters voted for it. This is a democracy. I believe in giving the people what they want. I would never vote for Brett again though. Too much has gone on since 2007 to lead me to believe he's not the right person to be in office. Numerous letters (to the newspaper, to council members, commission members, to clerks). Too many threats. Disregard for rules (the sign issue mostly). The icing on the cake as to why I will never vote for Mr. McClafferty?? I would NEVER vote for anyone that would write a letter to the newspaper saying that there is a special place in hell for any other city official. We all have opinions. Not everyone agrees with everyone all of the time. It is appropriate in discussion to respect everyone else. Name calling is childish. I know I will not be missed. But that doesn't bother me one bit. I know how I feel and what I know is right in my heart. Well off to catch my plane to NC. Sorry I didn't get a chance to proof-read this before posting. - Adam

25.	Posted by prince_of_irk September 5, 2009
	AdamD: You are clueless. Molly is right, your poor spelling indicates poor preparation and reflects on the value of your responces [sic]. Your condescension as exhibited by "Brett's little friends" is as repugnant as your assumption that only Brett's friends care about our voting rights. I have never met Mr. McClafferty so I can't be his friend. Also, I strive at all times to avoid "coming up with an uneducated responce" so yes, that might leave you at a disadvantage. By the way, I know beyond a doubt that Republican Red is not Brett McClafferty. My suspicion of your bigotry is based on the selection of "Mexican" native instead of "Austrian" native. In our current situation, with a native Austrian as governor of California, that would seem to be the most relevant example for discussion. But the drums of bigotry beat loudest against Mexicans, much louder than against Austrians, so I see your choice as an indicator of to what drums you tune your ear.