SUGARCREEK (Tusco TV) - An incumbent mayor whose candidate petition was rejected by the Tuscarawas County Board of Elections is taking his battle to get on the ballot to the courts.

Sugarcreek Mayor Clayton Weller filed a lawsuit with the Fifth District Court of Appeals Monday asking for a judge’s order to get on the November 5th ballot. The board voted last month not to certify Weller’s name to the ballot because he did not fill out the nomination portion of his candidate petition. Director Gail Garbrant says his petition was rejected according to a state directive.  

"During the process of certification, we were checking Mr. Weller’s ballot and he did not fill out one whole section of his petition, so that is a fatal error according to the Ohio Secretary of State’s directive," she says.

The lawsuit contends that the petition rejection was “contrary to law” because non-partisan candidates are not legally required to fill out that part of the petition. Garbrandt says the county prosecutor’s office will file a legal response on behalf of the board by the end of the day Monday.  Weller declined an opportunity to comment on the matter, and his attorney said they are not permitted to make public statements.

TUSCO TV