GOP Wins Round in Tussle to Replace Ney

[Rose Siding]

COLUMBUS, Ohio -- The favored candidate to take Rep. Bob Ney's spot on the ticket can legally do so under Ohio law, the state attorney general said Thursday.

Secretary of State Ken Blackwell had sought the opinion from Attorney General Jim Petro as Republicans considered how to replace Ney, who announced this week he would not seek re-election.
...
Blackwell, who as secretary of state is the chief elections officer, has the final say and did not act Thursday.

Democrats probably will take the case to court once Blackwell weighs in or a special election is set, said Brian Rothenberg, spokesman for the state Democratic Party.

http://www.washingtonpost.com/wp-dyn/content/article/2006/08/10/AR2006081001388.html

[WCGreen]

1. It really is based on a technicality....

The reason she was question was that she had run as Jim Petro's running mate in the primary... The "Sore Loser" law in Ohio does not permit a Lieberman... If you lost in the primary you can't run as an independent or write in for the general...

Well, it seems since she is running in another race all together, the "Sore Loser" law does not apply...

[w4rma]

2. So the Repuglican leadership bypassed the Republican voters and decided

that this person would be the woud be their nominee?

[LiberalFighter]

3. The party can replace a vacancy even with the loser of a primary

... the question is whether she can be the person for that vacancy if she can run for two different offices.

In general

Prohibitions concerning seeking more than one office or position at same election.

(A) No person shall seek nomination or election to any of the following offices or positions at the same election by filing a declaration of candidacy and petition, a declaration of intent to be a write-in candidate, or a nominating petition, or by becoming a candidate through party nomination in a primary election, or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township offices, positions as a member of a city, local, or exempted village board of education, or positions as a member of a governing board of an educational service center.