Yost defends residency requirements in Delaware County ballot dispute

COLUMBUS — Attorney General Dave Yost has filed an amicus brief urging the Ohio Supreme Court to uphold a decision by the Delaware County Board of Elections to remove a candidate from the primary ballot who does not live in the district she seeks to represent.
 
The case, State ex rel. Leneghan v. Delaware County Board of Elections, involves Melanie Ann Leneghan, who is seeking a seat on the Republican State Central Committee for the 19th State Senate District. Following a challenge to her candidacy, the board of elections determined that she failed to meet the state’s residency requirements.
 
“For purposes of elected office, residency is paramount,” the brief says. “Relator believes she has the right to shop for a constituency. She does not. Voters should choose their representatives. Relator would have it the other way around.”
 
Evidence presented during an April 10 board hearing revealed that Leneghan’s ties to Delaware County are superficial at best. Leneghan testified that she and her husband sold their Powell residence in January 2025 and that she owns a home in South Carolina where her husband lives. Additionally, Leneghan had not actually lived at the Delaware County addresses she used for her voter registration and candidacy declaration.
 
The board voted 3-1 to remove Leneghan from the ballot for the May 5 primary election and to cancel her voter registration. On April 14, Leneghan filed a petition for writ of mandamus asking the Ohio Supreme Court to overturn the board’s decision.
 
Under Ohio Revised Code 3503.02, a residence is defined as the place in which a person’s “habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.” Yost’s brief argues that the board acted well within its discretion in weighing the conflicting evidence and determining that Leneghan’s claims of residency were not credible.
 
“Elected officials should be held to a higher standard than their electorate,” the brief says. “A candidate’s connection to their constituency informs decision making based on the locality’s needs, increases the local electorate’s voter education, and preserves election integrity and public confidence in the electoral process.”
 
The brief contends that the board of elections executed its duty to ensure candidates have meaningful connections to the communities they wish to serve and asks the Ohio Supreme Court to deny Leneghan’s petition for a writ of mandamus.