(LFC Comments: Jerry Phillips, Community Activist, Attorney, and CPA, filed a lawsuit against his opponent, Michelle Hung, in the last primary election for the Lorain County Commissioner’s seat. Mr. Phillips contends that the actions of Governor DeWine and Dr. Amy Acton impacted the race for Lorain County Commissioner.)
(Elyria, Ohio) Gerald Phillips was a candidate for Lorain County Commissioner during the 2020 Presidential Primary Election. The election was postponed at 10:36 p.m. the night before polls were to open. The election did not occur until April 28.
In the Court of Common Pleas in Lorain County, Ohio the Election Contest Complaint was just filed: Gerald W. Phillips (contestor) v. Michelle Hung (contestee).
In his filing, Phillips notes regarding the postponed election:
- Approximately 90 combined Ohio Revise Code Section violations & Ohio Constitution violations
- Laches violations for failure to uphold extreme due diligence and extreme promptness requirements [LFC Comment: Laches = unreasonable delay]
- Secrecy of quarantine—Amy Acton failed to honor a public records request for quarantine information on data, modeling information, statistics analysis and modeling projections
- Deceptive and misleading information and data—citing extreme and expensive measures for a virus that has minimal effect outside congregate living settings: “419 deaths for non-highly susceptible Ohioans, among 11,747,694 Ohioans, represents a mere .000036 (0.0036%), no justification to destroy Ohio’s economy.”
- Complaint could result in impeachment hearings for Governor Mike DeWine and a removal from office for both DeWine and Ohio Department of Health Director Amy Acton
- Acton and DeWine should both be removed from office, consistent with and pursuant to Ohio Revised Code (ORC)
- ORC Section 3599 violations cited are misconduct of board officials, failure of officers to enforce the law, among others—the violations range from misdemeanors to felonies
A copy of the complaint can be found here.
On March 16, Governor DeWine backed a lawsuit seeking to postpone the primary election scheduled for the next day. The suit was filed by Ohioans who feared voting in person would expose voters and poll workers to COVID-19.
Franklin County Common Pleas Judge Richard Fry declined to postpone the election, but Fry’s decision did not stop DeWine. On March 9, Executive Order 2020-01D declared a state of emergency. In the late hours of election eve, Ohio Department of Health Director Amy Acton issued an order to force the polls closed. The Director’s powers are granted by the Ohio Revised Code.
Gerald Phillips said if the court does not rule in his favor, he receives an automatic appeal that goes directly to the Ohio Supreme Court.
Check back for most up-to-date coverage as this case unfolds.