COLUMBUS -- In an expedited election case announced Friday, the Supreme Court of Ohio ordered the Summit County Board of Elections to include Darrita Davis on the November 5 ballot as an independent candidate for Akron City Council.
The court, in a 4-3 decision, granted Davis's writ, finding that the board of elections abused its discretion when it disqualified her petition to run as an independent.
The elections board argued that Davis is not an independent because she failed to disaffiliate sufficiently from the Democratic Party.
The court today said that the board based its conclusion on only one piece of information - her vote in the Democratic primary for president in March 2012.
"A candidate's prior voting history, standing alone, cannot be a sufficient basis for disqualifying an independent candidate," the court wrote.
"Disaffiliation by definition presumes a history of support for or membership in a political party. If a candidate's prior voting record, standing alone, could trump a declaration of disaffiliation, then disaffiliation would never be possible."