RAYMOND V. VASVARI, JR
REACTION TO BOE TIE
DEMS & OTHERS ATTORNEY
REACTION TO BOE TIE
TOM BERNABEI'S "COMPLETE"
JULY 6, 2015
AS ON CROSS
AS ON CROSS
The only way aptly to describe the nearly nine hour hearing on Monday (the 6th of July) before the Stark County Board of Elections (BOE, Board) on the protest of the effort of Stark County Commissioner Tom Bernabei to run as an independent candidate for mayor of Canton as it was an exercise by BOE members Braden, Cline (the Republicans); Ferruccio, Jr., Sherer, II (the Democrats) in "making political sausage."
As in the making of any sausage, the result suits the palate of some, perhaps, even tasty; whereas others view it to be disgusting given what ingredients went into its making.
Stark County "organized" Republicans were overjoyed with the Board's 2 to 2 tie vote on Monday as they anticipate that Republican Ohio Secretary of State Jon Husted will break the tie in favor of their man: former Democrat Thomas M. Bernabei.
Take a look at this headline from a press release issued yesterday:
And read the full press release:
A focus of the Dems' press release was this rendition of a Bernabei testimonidal statement in the course of the hearing:
In today's blog, Volume 1 in a series in which only The Stark County Political Report as a media outlet will explore in depth the testimony of all those called to testify in Ohio Democratic Party (may The Report say it? also Stark County Democratic Party) and others v. Bernabei.
The Stark Dems (Party) may think they successfully withdrew days before Monday's hearing in order to make "moot" a challenge to BOE members Ferruccio, Jr. and Sherer, II as to their objectivity as two of the four adjudicators in the hearing given that they are members of the Stark County Executive Committee which authorized the Party's participation in the lawsuit as filed; but the SCPR suspects that the move may prove ineffective once this matter gets into the courts.
The Report thinks the Stark Dems inclusion in the original lawsuit may prove to have been a tactical screw up that could ultimately result in a return of the case to the BOE where the two Republicans would decide presumably 2 to 0 to certify the Bernabei independent candidacy.
Speaking of screw ups, lead Dems' legal counsel Lee Plakas told the SCPR during a break during the hearing that Bernabei's statement:
was a major admission by Bernabei tantamount to (now this is the The Report's interpretation of Plakas' remarks) Bernabei saying: "you know what, in my 'heart of hearts' I am a Democrat but what is done is done and there is no going back now."
The SCPR believes going forward on this case those nine words "I wish I had run in the Democratic primary" could come back to haunt him.
However, those nine words are only part of his testimony.
Needless to say, the Ohio Democrats "cherry-picked" those nine words and didn't bother to inform the Ohio/Stark public of Bernabei's elaborative explanation of those words.
Of course, the SCPR has at the ready "the full testimony" of Commissioner Bernabei in which he makes it clear that his current decision to run as an independent was not a gaming the system move.
Take a look at that testimony:
So there you have it: two unsavory ingredients in the making of political sausage at the Stark County Board of Elections on Monday past.
The SCPR did capture the reaction of respective legal counsel on the case.
First, for Tom Bernabei
Attorney Raymond V. Vasvari, Jr
Next, for the Ohio Dems and others
Attorney Lee Plakas
Last, but certainly not least
Bebe Bernabei and daughter Kim
VIDEO REVIEW OF TESTIMONY
The Bernabei Testimony
The Second of Two Testimonies
(one hour and nineteen minutes [1:19.32] in length)
The First of Two Testimonies
Plakas (as on cross-examination)
(one hour and fifty-nine minutes [1:58:55] in length)