Padgett can run in November, Petro says

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The attorney general said Padgett's case is not covered in the 'sore loser' law.

COLUMBUS (AP) — Ohio law does not prevent state Sen. Joy Padgett from entering a special primary or accepting an appointment to replace U.S. Rep. Bob Ney on the November ballot, Attorney General Jim Petro said Thursday.

Secretary of State Ken Blackwell sought Petro's legal opinion as Republicans consider how to replace Ney, who announced Monday he would not seek re-election amid a congressional lobbying scandal in Washington.

Ohio law generally prevents candidates defeated in a primary from running for office in the fall as an independent or write-in. Padgett ran for lieutenant governor on a ticket this spring with Petro, who lost to Blackwell in the race for the GOP nomination for governor.

However, Petro said Padgett's status in the May primary was not covered by the state's "sore loser" law and she is free to seek Ney's seat.

Blackwell, who as secretary of state is the chief elections officer, has the final say in the matter and did not act Thursday. Blackwell was asked for guidance by Bob Bennett, the state GOP chairman.

The law

The law says a person who loses a primary cannot seek office in the general election if that person got on the primary ballot through nominating petition or by a declaration of intent to become a write-in.

Padgett got on the May ballot by "declaring a candidacy," a term not covered under the law, Petro said.

Ney has been under scrutiny for his ties to Jack Abramoff, a lobbyist at the center of a congressional corruption scandal. The six-term congressman denies wrongdoing and has not been charged.

Bennett wanted to know whether state law precluded the party from appointing a nominee if Ney doesn't file a notice of withdrawal by Aug. 19, or 80 days from the Nov. 7 election. As of Thursday, he had not filed his notice with the Tuscarawas County Board of Elections.

If Ney withdraws before then, Ohio law requires a primary election in his eastern Ohio district to choose a candidate. If he does not, the party has a four-day window to put a replacement candidate on the ballot.

Ohio Democratic Party spokesman Brian Rothenberg said the party expected Petro's opinion to say what it did, and Democrats maintain that Padgett is ineligible for the ballot.

"The fix was in. The corrupt Republican machinery in Ohio wins again and the bottom line is no one is surprised. She was Jim Petro's running mate," Rothenberg said.

Democrats likely will take their case to court once Blackwell weighs in or a special election is set up, Rothenberg said.

Friday, August 11, 2006