One candidate for judge won’t make the May 8 primary ballot in Montgomery County after the board of elections on Tuesday certified nominating petitions submitted by candidates.
Democrat Alan D. Gabel of Dayton submitted nominating petitions with the wrong commencement date for the Montgomery County Common Pleas Judge-General Division position he sought, said Steve Harsman, deputy director of the board.
Failing to put the correct date on the petition is considered a “fatal error” because each common pleas judge position has a specific start date and the correct one must be listed on nominating petitions signed by registered voters, Harsman said..
That means there will be no primary race for the remaining Democrat, Montgomery County Juvenile Court Magistrate Gerald Parker of Centerville, who will face Judge Erik R. Blaine, a Republican, in the November 6 General Election.
Gabel said on Friday that he will fight the decision, first by asking the local board to reconsider and then by appealing in court. He said it was clear which judgeship he was running for and that his petitions should have been accepted even though they had the wrong date.
All other candidates were certified except some seeking political party state central committee spots.
County voters will see contested primary races for U.S. Congress and the Ohio House.
Boards of election in Ohio must certify petitions for the May primary election by Feb. 19.
Other stories by Lynn Hulsey