WOOSTER — Could a case in Lorain County, where a federal and an appeals court upheld a county board of elections’ decision to keep an independent candidate off the ballot because he voted in a partisan primary, have an impact on the state representative’s race in Wayne County?
Republican Scott Wiggam and independent candidate Stephen Spoonamore are running for the District 1 seat being vacated by Ron Amstutz. Controversy has surrounded Spoonamore’s candidacy because right after filing to run for the seat as an independent, he requested a Democratic Party ballot and cast a vote on it. Secretary of State Jon Husted, a Republican, broke a tie, ruling Spoonamore could not appear on a ballot. The Wayne County Board of Elections was split along party lines.
Spoonamore
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Rather, by casting his vote, it prevented him from running as an independent.
If independents could vote in partisan elections, then it gives them opportunities to choose their opponents, which “would be in conflict with the basic purpose of a primary election, which is to allow the party faithful to choose the person who will represent them against the opposing party” Solomon wrote, citing Wilkerson vs. Trumbull County Board of Elections from a 2007 case.
Nicole M. Koppitch, an associate assistant attorney general, forwarded the rulings from the Phillips’ case to the Ninth District Court of Appeals. (Husted appealed Wiest’s decision, and the Board of Elections joined the suit.) She filed the Sixth District Court of Appeals ruling Thursday, Oct. 20.
In that decision, a three-judge panel affirmed the U.S. District Court decision, writing, “The district court’s opinion carefully and correctly sets out the undisputed facts and law governing the issues raised, and clearly articulates the reasons underlying its decision. Thus, issuance of a full written opinion by this court would serve no useful