The elections board held a hearing on the protest on July 27 and voted unanimously to deny the protest.
The Ohio Supreme Court now is being asked to issue a writ of prohibition barring the board of elections from placing Lopez on the ballot as a candidate. The board of election was given five days to file a response to the Ohio Supreme Court. A response had not been filed as of Tuesday afternoon.
Nasal’s lawyers argue Lopez does not meet the requirement for a judicial candidate of practicing as an attorney for at least six years.
The lawyers — David Greer and Kevin Quinlan of Dayton — claim testimony at the July hearing showed Lopez engaged in the practice of law from her admission to the bar Nov. 6, 2006, until April 24, 2009, or 30 months.
From April 2009 until Jan. 1, 2013, Lopez “was a stay-at-home mother, raising two children born, respectively, on Oct. 15, 2008, and Jan. 17, 2010. During this same period, Ms. Lopez from time to time performed short-term services as a guardian ad litem, not as an attorney,” they claim in Nasal’s request.
Lopez has been employed as the recorder of Miami County since January 2013.
Nasal’s action further claims financial disclosure statements to the Ohio Ethics Commission from 2013-2020 reported no income from the practice of law and $1,500 from services as guardian ad litem performed in 2012.
The election board’s action “was an abuse of its discretion or action in clear disregard of applicable legal provisions,” Nasal’s request states.
Lopez said following the July challenge of her qualifications that Nasal’s claims were without merit.
She testified at the July 27 hearing that she performed tasks requiring a lawyer as guardian ad litem by filing motions and questioning witnesses and as recorder would perform an analysis and conduct research on a legal issue and then work with county prosecutors as the office legal advisers to review her findings.
She and her lawyer Brodi Conover of Lebanon argued she has practiced for 15 years.
“The Miami County Board of Elections unanimously voted that I have the experience and qualifications to be on the ballot. My opponent’s challenge to my candidacy is baseless. My opponent continues to attack the time I spent practicing law as a working mother,” Lopez said Tuesday. “I am confident that the Supreme Court of Ohio will reject this notion. I look forward to continuing to earn the support of voters in Miami County and to offer the voters a choice for Miami County Municipal Court judge on Nov. 2, 2021.”
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