LC school board candidate challenges general election count

By Caitlin Forsha
The Highland County Press

Former Lynchburg-Clay educator Stacie Rhonemus has filed a civil lawsuit in Highland County Common Pleas Court challenging the results of the Nov. 7 general election.

As previously reported, the Highland County Board of Elections conducted a recount Dec. 5 and determined the winners of the Lynchburg-Clay Board of Education race to be Cathy Griffith, Becky Sanderson and Ashley Watson. 

Following the official count conducted Nov. 27, there was a tie for one of the three open seats on the Lynchburg-Clay board, between Watson and Rhonemus, a write-in candidate, in Highland County. There was a five-count difference on election night, with Rhonemus leading in Highland County. However, the race also appeared on the ballot for certain voters in Brown and Clinton counties.

In response, an 84-page complaint with exhibits was filed Monday, Dec. 18 in Highland County Common Pleas Court by Rhonemus and her attorney Curt C. Hartman against Watson; the Highland County Board of Elections; the Clinton County Board of Elections; and the Brown County Board of Elections. 

Rhonemus alleges that the “Highland County Board of Elections and its members violated or threatened to violate the Open Meetings Act” and that “the actions of the [Board] relating to the recount at issue herein are invalid” as a result. She also accuses the Board of “operating to violate” her “federal constitutional rights and those who voted for her.” She also contests the results of the election due to “conflicting and contradictory” actions of the Highland and Clinton County boards during the recounts.

"Essentially, the lawsuit is challenging the refusal of the Highland County Board of Elections to respect the intent of the voters who wrote in Ms. Rhonemus' name but did not fill in the oval," Hartman told The Highland County Press. "The 'intent of the voter' is the standard they should have applied, but didn't. Thus, not only have they denied the election to Ms. Rhonemus, but they have effectively disenfranchised numerous voters, too. In contrast, the Clinton County Board of Elections actually did it the correct way."   

According to the complaint, after the official counts in each respective county, Watson led by one vote, as the breakdown of votes for Rhonemus and Watson were: 

• Highland: Rhonemus 572, Watson 572;
• Clinton: Rhonemus 44, Watson 39; and
• Brown: Rhonemus 0, Watson 6.

As a result, a recount was ordered.

“This election contest arises, in part, because, at a minimum, the Highland County Board of Elections and the Clinton County Board of Elections utilized different and conflicting standards when hand counting the votes for the Board of Education of the Lynchburg-Clay Local School District and, in particular, how they determined the write-in votes for [Rhonemus],” the complaint says. 

Rhonemus argues that during the recount, “several ballots” in Highland and Clinton counties “had the name of Stacie Rhonemus (or a clear variant thereof) written,” but “several of the voters who wrote in the name … failed to sufficiently darken the oval at the head of the space where the name was written. 

“As a result thereof, when the ballots are counted by scanning, there will be no indication that the voters actually wrote the name of any person as a write-in vote, but said information indicating the intent of the voter is readily identifiable during a hand recount,” the complaint says.

Rhonemus alleges that the Highland and Clinton boards “implemented conflicting and contradictory policies, practices, or customs as to how to treat such ballots and, in particular, whether to count such write-in votes in favor of” her.

According to the complaint, the Highland County Board “did not include” ballots with the oval “not darkened … as constituting votes” for Rhonemus, but Clinton County did. This was not an issue in Brown County because “there were no ballots with ovals to even fill in,” the complaint says.

“Because the Highland County Board of Elections did not count the ballots when the voters wrote in the name of Stacie Rhonemus (or a clear variant thereof) but had not darkened the oval at the head of the space where the name was written as part of the hand recounted, the tally from the ensuing scanning matched the hand recount and, thus, all remaining precincts were recount simply by scanning (and, thus, excluding write-in votes thereon for Stacie Rhonemus) in Highland County even though several voters had clearly demonstrated their intent to vote for [her],” the complaint argues. 

“Had the Highland County Board of Elections counted the ballots when the voters wrote in the name of Stacie Rhonemus (or a clear variant thereof) but had not darkened the oval … the tally from the ensuing scanning would not matched the hand recount and, thus, all remaining precincts would be subject to hand recount which, in turn, would reveal additional write-in votes for Stacie Rhonemus in sufficient number to change the results of the election.”

The complaint alleges that “based upon information and belief,” the Highland County Board “identified 29 ballots” meeting this criteria that they “did not include” as votes for Rhonemus “even though such was the intent of the voters.” 

It is Rhonemus’ belief, the complaint says, that “the ultimate margin in Highland County following the recount would be in favor of [Rhonemus] over [Watson] by approximately 26 votes (which would be more than sufficient to change the ultimate result of the election).” According to the complaint, the recount led to “the ultimate margin in Clinton County in favor of [Rhonemus increasing] by approximately two votes” and not changing in Brown County.

As noted by Rhonemus, the Highland County Board represents “the largest population of the” Lynchburg-Clay district and “decreed … that, as a result of the recount, there had been no change in the official results of the election for the Board of Education of the Lynchburg-Clay Local School District and, accordingly, declared that Ashley Watson won such election."

“However, had the Highland County Board of Elections counted the write-in votes for Stacie Rhonemus when the voter wrote-in her name (or a variant thereof) but didn’t sufficiently darken the oval, the official results of the election for the Board of Education of the Lynchburg-Clay Local School District would have been different, i.e., Stacie Rhonemus would have won the election,” the complaint says.

The first “cause of action” listed in the complaint is the election contest. According to the complaint, “An election contest is the specific remedy provided by R.C. 3515.08 et seq. for the correction of all errors, frauds and mistakes which may occur at an election.”

“This election contest challenges the issuance by the Highland County Board of Elections of the certificate of election to Ashley Watson,” the complaint says. “Instead, Stacie Rhonemus, and not Ashley Watson, is properly entitled to the certificate of election.”

Rhonemus further alleges that the recount was “the result of errors, frauds, and/or mistakes, including, without limitation, violating the legal requirement to conduct hand recounts in conformity with the intent of the voters, the result of violations of the Open Meetings Act by the Highland County Board of Elections, and in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”

The complaint argues that the Highland and Clinton County Boards’ “different and conflicting standards directly and materially affected the result of the election.

“Through blanketly rejecting all write-in votes for Stacie Rhonemus when the corresponding oval was not completed, the Highland County Board of Elections utilized an improper and arbitrary standard,” the complaint argues.

According to Rhonemus, the Highland County Board’s actions "did not comply with Directive 2022-14" of the Ohio Secretary of State’s Office.

“In failing to include in the hand count those ballots where the voters who clearly intended to vote for Stacie Rhonemus for the Board of Education of the Lynchburg-Clay Local School District wrote [her] name … but failed to darken the oval at the head of the space where the name was written, the Highland County Board of Elections disenfranchised said voters and conducted the election with sufficient errors, frauds and mistakes, as well as other irregularities, such that the certificate of election issued to Ashley Watson must be invalidated and an certificate of election issued to [Rhonemus],” the complaint alleges.

The alleged “violations of the Open Meetings Act by the Highland County Board of Elections” is the second cause of action listed in the complaint. 

Rhonemus alleges that “in advance of or prior to” the recount, “a majority of the members of the Board of Elections met or conferred with each other and discussed and deliberated how to conduct the recount and, in particular, how to count the ballots in the election for the Board of Education of the Lynchburg-Clay Local School District when the voters wrote in the name of Stacie Rhonemus (or a clear variant thereof) but had not darkened the oval.” It is alleged that that during said meeting, the board “made the decision or determination to not count” said ballots.

Rhonemus also alleges that the Highland County Board of Elections “issued a letter” stating the Board “certified that there were no changes to the declared winner” to the Lynchburg-Clay board race when “neither the Clinton County Board of Elections nor the Brown County Board of Elections had met to conduct their respective recount.” She argues that Highland County’s board failed to “conduct a public meeting to receive those result[s] and, ultimately, certify the results of the election and the recount for the election.”

In addition, Rhonemus alleges that the certification by the board about “no changes to the declared winner” had not been “adopted in an open meeting.

“As a result of the violations or threatened violations of the Open Meetings Act by the Highland County Board of Elections, the issuance of a certificate of election to Ashley Watson for the position of a member of the Board of Education of the Lynchburg-Clay Local School District is invalid,” the complaint alleges.

The third cause of action is for alleged federal civil rights violations, as Rhonemus alleges a violation of “the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

"By the Highland County Board of Elections and the Clinton County Board of Elections utilizing different and conflicting standards when hand counting the votes for the Board of Education of the Lynchburg-Clay Local School District as part of the recount and, in particular, how they determined the write-in votes for Stacie Rhonemus, said boards of election have engaged in an arbitrary and ad hoc treatment of voters,” the complaint alleges. “Said boards of election have, in violation of the Equal Protection Clause, afforded unequal weight to the votes cast in said election so as to value one’s person’s vote over the other.

“Rhonemus has suffered a sufficient injury for injunctive relief, as well damages relating to vindicating her constitutional rights, as well as the constitutional rights of those who voted for her, together with an award of attorney fees pursuant to 42 U.S.C. 198.”

The complaint concludes by asking for judgment “in favor of” Rhonemus and “against Watson” with “ any certificate of election issued to Ashley Watson by the Highland County Board of Elections … declared canceled.” Rhonemus is also seeking “an order directing a hand recount of all ballots cast in the election for the Board of Education of the Lynchburg-Clay Local School District with said recount including counting the votes in favor of Stacie Rhonemus when the voters wrote her name (or a clear variant thereof) but had not darkened the oval at the head of the space where the name was written as part of the hand recount; and such other appropriate relief to which any court may granted in an election contest so as to ensure the intent of all the voters is ascertained and reflected in the ultimate results.”

Rhonemus is also asking for “issuance of appropriate injunctive relief” due to the Highland County BOE’s alleged “violations or threatened violations of the Open Meetings Act,” including “invalidation of all actions by the Highland County Board of Elections arising from deliberations, decisions or formal action resulting from meetings not open to the public or at a meeting not properly called, together with an award of statutory damages and attorney fees.”

Finally, Rhonemus is seeking “appropriate injunctive relief, and an award of damages,” for the alleged federal civil rights violations.

Following the 23-page complaint, the remaining 61 pages are various exhibits, including the order for a recount from the Ohio Secretary of State’s Office and the state’s recount, canvass and post-election audit procedures.

Rhonemus previously worked for Lynchburg-Clay Local Schools for 12 years as an agricultural education instructor and FFA adviser. She currently serves as a guidance counselor for Fairfield Local Schools. 

According to an entry filed by Highland County Common Pleas Court Judge Rocky Coss Monday, Dec. 18, “all respondents” in this lawsuit “have 10 days from receipt of petition to file an answer,” after which Rhonemus will have “five days in which to reply to any answer.” 

A trial is scheduled for Jan. 17 at 8:30 a.m.