Ohio Supreme Court: Nathan Manning to remain on Ninth District appeals court ballot

The Ohio Supreme Court has rejected a legal challenge to 9th District Court of Appeals Judge Nathan Manning's candidacy for the seat in the Nov. 3 election. The state's highest court issued its ruling Friday. Gov. Mike DeWine appointed Manning, a Republican state senator and North Ridgeville resident, in July to fill the seat following the retirement of Judge Donna Carr. Manning resigned from the Ohio Senate and dropped out of a race for the Ohio House of Representatives following his appointment. Manning had already won the Republican Party primary for the Ohio House race, so the Republican Party chose Clifford Winkel, a North Ridgeville city councilman, to replace him on the ballot (Winkel will face Democrat Mike Baker for the Ohio 52nd House District). Summit County Democratic Party Chairman Mark Derrig filed a challenge to Manning's candidacy, arguing that "a party cannot name a candidate for a general election race if the person has won a primary election for another office," reported CourtNewsOhio, the news service of the Ohio Supreme Court. Supreme Court justices ruled that the state law Derrig cited only applies to candidacy for the same office, not a different one, and that the law is intended in situations where the officeholder resigns ahead of the primary, not after. "If no one wins nomination in the primary election, the party can select a candidate. However, if a candidate seeks the office through the primary election and wins it, then the party cannot ignore the winner and select its own candidate to run in the general election," CourtNewsOhio reported. Secretary of State Frank LaRose, a fellow Republican and the state's chief elections official, had earlier ruled that Manning could remain on the ballot. He broke a tie after the Summit County Board of Elections was split 2-2 on the matter. The 9th District Court of Appeals is located in Akron and hears appeals of lower court decisions in Lorain, Medina, Summit and Wayne counties. Serving out Carr's unfinished term, Manning must win in November to keep the seat. His opponent is Tavia Galonski, a Democrat, attorney and former state representative who currently is Summit County Clerk of Courts. Contact Dave O'Brien at 440-329-7129 or dobrien@chroniclet.com.