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LISBON -- Heaven Guest says she quit the Columbiana County Democratic Party when she decided to run as an independent for county Common Pleas Court judge.
"The facts are clear. I resigned from the Democratic Party Central Committee before I began my campaign as an independent" and cut ties with the party at the same time, she said in a news release.
Guest submitted a copy of her resignation letter to the county elections board at 3:26 p.m. Tuesday, about 90 minutes after the board voted 2-2 to reject her candidacy petition. The vote was along party lines, with county Republican Party Chairman David Johnson joined by fellow Republican Vic Maroscher in voting to reject Guest's petition, and Democrats Patty Colian and Larry Bowersock against the motion.
The Ohio Secretary of State's Office is required by law to break any ties, and that decision can also be appealed to court.
One of the reasons Johnson gave for rejecting Guest's candidacy petition is because she was a member of the Democratic Party's Central Committee, having been appointed on Feb. 17 by county Democratic Party Chairman Nick Barborak. The paperwork was not filed with elections board until March 30.
Guest's handwritten note to Barborak resigning from the central committee is dated April 14, six days before she began circulating petitions to run for judge as an independent. The letter states she was resigning from the central committee because "my political views are independent. I sincerely appreciate the thought and look forward to talking to you again."
The board was scheduled to meet again on Thursday to discuss Guest's letter and to also enter into the official record the written response of Colian and Bowersock. The meeting was canceled due to a lack of a quorum and is expected to be rescheduled sometime next week.
Colian and Bowersock, in their letter opposing Johnson's motion, said Guest "severed and terminated" ties with any political party and has met all of the candidacy requirements.
Johnson, in his presentation, argued there was plenty of other evidence proving Guest is a Democrat, such as the fact the people who helped circulate her candidacy petitions and serve on her campaign nominating committee are predominantly Democrats. He also produced photographs from Guest's Facebook page showing her with various Democratic candidates, with one posted as recently as February.
Guest, in her news release, said the board should have at least given her the "courtesy" of a hearing before passing judgment.
"One of the most basic principles in the U.S. Constitution is that of due process. In courtroom settings, we think of that in terms of notice of a hearing and an opportunity to be heard. The Columbiana County Board of Elections afforded me neither," said Guest, who is an assistant prosecutor in Summit County. She lives in West Township.
Johnson said she will get a hearing because he wants to have Guest and Barborak subpoenaed to testify before the board as to the veracity of her April 14 withdrawal letter.
"We have questions about this and the only way to get at this is to do so under oath at an open meeting," he said. "We're just very suspicious of this handwritten note."
Johnson also pointed out that at the May 29 meeting neither Colian nor Bowersock spoke up to say that Guest had resigned from the party's central committee.
He said either way they need to get the new information entered into the official record so it can forwarded to the Secretary of State so a decision can be made.
Guest accused the elections board of trying to "steal an election," and she said this kind of political maneuvering by the Republican Party is precisely why she decided to run for judge as an independent.
"I was thoroughly disgusted by the low-brow politics and smear tactics waged by my opponent and her political party supporters during the primary campaign. I think the citizens of Columbiana County deserve a judiciary free from that type of nonsense and a judge who will apply the law evenhandedly in a responsible manner. The voters deserve a choice this November," she said.
Guest filed to run for judge on May 7 -- the last day anyone could do so -- to run as an independent for judge in the November general election. The only other candidate is Republican Megan Bickerton, who won the GOP primary by defeating longtime Judge C. Ashley Pike in the May 8 primary election.
Johnson believes the Democrats began looking for someone to run for judge when it appeared Bickerton was going to win, and the filing deadline had already passed to do so as a Democrat.
tgiambroni@mojonews.com