Independent Candidate Files Suit against Board of Elections
Justin Tjaden, an Independent candidate for Ohio House District 99, recently filed a Writ of Mandamus in the Ohio Supreme Court and a lawsuit in the Geauga County Court of Common Pleas after the Geauga County Board of Elections refused to certify his candidacy for the Nov. 5 general election.
Justin Tjaden, an Independent candidate for Ohio House District 99, recently filed a Writ of Mandamus in the Ohio Supreme Court and a lawsuit in the Geauga County Court of Common Pleas after the Geauga County Board of Elections refused to certify his candidacy for the Nov. 5 general election.
“These legal actions are about defending the principles of fair access and equality in our electoral process,” Tjaden said in a June 13 statement. “We must challenge any system that places unjust and discriminatory barriers in the way of candidates who dare to declare their independence from the Democrat and Republican Uniparty Machine. This fight is for the rights of all Ohioans, but especially those in District 99, to have a genuine choice in their representation.”
Tjaden was denied a spot on the November 2024 ballot after falling short of the 494 required signatures required, GCBOE Director Michelle Lane previously said.
“He submitted 552 (signatures) and 371 were accepted,” Lane said in an April 12 email. “This is for both Geauga and Ashtabula (counties).”
In his lawsuit, which names Lane, Deputy Director Nora McGinnis and all four board members — Chair Dennis Pavella, Joan Windnagel, Janet Carson and Richard Piraino — as well as Ohio Secretary of State Frank LaRose and Ohio Attorney General Dave Yost, among others, Tjaden said he was not informed of the signature threshold until the moment he was submitting his petitions on March 18.
Tjaden disputes the differential treatment regarding signature requirements for independent candidates, who must submit nominating signatures equal to 1% of the total electors in the district while candidates of major political parties are only required to submit 50 signatures. Tjaden said that treatment, coupled with the “opaque and inconsistent verification process,” violates his constitutional rights and those of the voters who seek to support Independent candidates.
The first suit, a petition for a Writ of Mandamus, asks the Ohio Supreme Court to compel the GCBOE to certify Tjaden’s candidacy petitions, according to his press release, adding the case asserts the board’s rejection of his candidacy was based on a flawed interpretation of Ohio election laws and its subsequent actions after rejection violated Tjaden’s due process rights under the U.S. and Ohio Constitutions.
The second suit asserts claims under 42 U.S.C. Section 1983, a federal civil rights law that alleges the actions of individual members of GCBOE and the Ashtabula County Board of Elections — in erroneously acting under the color of Ohio state election laws — deprived Tjaden of his constitutional rights to equal protection, free speech and due process, according to this press release.
The complaint challenges the “disproportionate and discriminatory signature requirements” for Independent candidates, contrasting them with those for major party candidates.
“We recognized decades ago that the concept of ‘separate but equal’ isn’t acceptable in our education systems,” Tjaden said in a statement. “There is no reason it should be acceptable in our electoral systems.”
For his Section 1983 claim, Tjaden seeks compensatory and punitive damages in excess of $500,000.
“We filed these suits separately because the Geauga board’s rushed and erroneous actions forced me to tackle these issues from multiple angles — procedural errors, statutory interpretation and issues involving the deprivation of constitutional rights. This approach ensures that we address the immediate need to be on the ballot while also fighting for broader changes that will benefit the democratic process in Ohio.”
Tjaden asked the Ohio Supreme Court to expedite the hearing for the Writ of Mandamus. Concurrently, the claims under 42 U.S.C. Section 1983 and declaratory action will proceed in the Geauga County Court of Common Pleas, according to this press release, which added Tjaden is preparing to present evidence in each court with the aim of both securing his candidacy for the 2024 election and advocating for the rights of all voters and candidates.
“I said from the outset that I did not want this to be confrontational,” Tjaden said in a statement. “But, if it’s a fight they want, it’s a fight they’re going to get.”
