Supreme Court OKs Frenchko probe

Elections board is allowed to investigate commissioner candidate’s residency

WARREN -- The Trumbull County Board of Elections can continue its investigation into the residency of Trumbull County commissioner candidate Niki Frenchko after the Ohio Supreme Court on Friday denied her request to prevent the board from holding a hearing.

"She cannot be removed from the ballot or the voter rolls. This ruling just gives the board permission to continue its investigation," Trumbull County Board of Elections Director Stephanie Penrose said.

Frenchko, a Republican, is challenging incumbent Daniel Polivka in the Nov. 3 election for a term that begins Jan. 3.

"There is no action that can be taken by the board, so it's truly a victory. I'm happy that the Board of Elections admitted I cannot be removed from the ballot, nor will they vote on this matter," Frenchko said. "I had to challenge the board because only after the hearing was challenged did they finally admit that its authority was limited. In essence, I won by forcing them to make that admission."

Frenchko also said board members stated a few weeks ago they were not sure if they would continue with the hearing.

"When Trumbull residents are attacked by overreaching government, I'll fight hard to defend them, as I did for myself," she said.

Polivka declined to comment.

The Ohio Supreme Court on Aug. 6 issued a temporary stay regarding a hearing for Frenchko originally scheduled Aug. 7 before the Trumbull County Board of Elections regarding her residency.

In July, the board of elections received a letter from Thomas Cool challenging Frenchko's residency, with the board voting 3-1 on July 31 to schedule a hearing on the matter.

Frenchko in her filing with the Supreme Court questioned what the elections board was planning to do "conducting an evidentiary hearing on my residency" and that the board would take action affecting her voting rights at the conclusion of a hearing.

Frenchko stated in her filing she "reiterated my objections to this procedure due to, amongst other issues, the lack of notice and the board's noncompliance with statutory procedures" saying the board denied her request to clarify and that the hearing would be to investigate her right to vote in the Nov. 3 election.

Frenchko has said she is allowed to have two residences -- one in Warren and another in Mentor. She said she is in a relationship with Joe Szeman, who lives in Mentor, and her daughter attends school there. But Frenchko said she spends time at her Warren home running her business.

Cool, a Warren bail bondsman, filed the challenge in July saying school attendance and voting require primary residences.

His attorney, Rick L. Brunner, emailed the following statement in response to the ruling:

"No one, including Mr. Cool, has asked for anything other than an investigation into whether Ms. Frenchko lied to the Trumbull County Board of Elections or the Mentor School Board. Ms. Frenchko has tried to pre-determine what actions might be taken when the investigation is complete. That is not restricted or known at this time, and it can't be, until we know which board she (allegedly) misled."

mkosinski@tribtoday.com