An Ohio elector quit at the last moment, and was just replaced.
State Rep. Christina Hagan, R-Marlboro Township, indicated that she will resign as a presidential elector after two residents over the weekend filed an emergency lawsuit alleging that the Ohio Constitution prohibits a state legislator from serving as a presidential elector.
“It is unfortunate that the extreme left has engaged in what is the most obvious display of partisan and extreme political bullying that can occur,” said a post on Hagan’s Facebook page late Sunday night. “I however will gladly resolve any potential frivolous lawsuits from moving forward by resigning my opportunity to Chair and cast a vote as a member of the Electoral College in order to ensure no delay in the official election of Donald J. Trump as the 45th President of the United States.”
In a text message, Hagan added, “I did not step down due to the liberal left’s lawsuit. I stepped down to ensure they did not slow the process of electing the president in any way. I am a firm believer that this is intended to be a peaceful transition regardless of their attempts to create excess hardships and havoc. I will be speaking today within the Senate Chamber to fellow supporters.”
Hagan’s resignation would mean the other remaining electors by Ohio law would choose another person to replace her.
Deborah Cain of Lake Township and Andrew DiLiddo Jr. of Plain Township sought to file a lawsuit Saturday asking the Stark County Common Pleas Court to restrain Hagan from serving as an elector. Stark County Clerk of Court Louis Giavasis said the plaintiffs attempted to file the lawsuit via fax machine Saturday. That apparently that did not meet the court’s standards for an emergency filing of a lawsuit.
The suit was officially filed Monday morning shortly before 9. It has been assigned to Common Pleas Judge John Haas.
No court hearing has been scheduled.
Cain and DiLiddo are represented by attorney Subodh Chandra, the former Democratic candidate for Cuyahoga County prosecutor.
The suit cited the Ohio Constitution provision that says no member of the general assembly, which is the Ohio legislature, can “hold any public office under the United States, or this state, or a political subdivision thereof.” The suit said the Ohio Supreme Court ruled in 1948 that a presidential elector is a state office.
By law, presidential electors are paid $10 per day of service by the state plus 10 cents a mile reimbursement for travel.
Cain was the Democratic candidate for state representative for the 50th Ohio District in 2014 and was unsuccessful in defeating the incumbent, Hagan.
The Trump campaign around September asked Hagan to serve as a member of a slate of 18 electors should Trump win a plurality of the vote in Ohio for president on Nov. 8. The Ohio Republican Party's Central Committee approved the appointment.
The committee also approved five alternate electors. The first alternate is Robert Paduchik, who led Trump’s campaign in Ohio.
The electors are scheduled to vote shortly after noon today in a roll call vote in the Ohio Senate chamber in Columbus. They are all expected to vote for Donald Trump, who won nearly 52 percent of Ohio's popular vote on Nov. 8. State law requires them to vote for Trump, but establishes no penalty if they do not do so. Some legal scholars believe the law is unconstitutional.
According to the U.S. Constitution, the vote today by 538 electors nationwide is what actually elects the president. In 48 states, the winner of the statewide popular vote determines which party's slate of electors for that state is selected. In Maine and Nebraska, the vote is by congressional district. Each state gets a number of electoral votes that's roughly proportional to their population.
State Rep. Kirk Schuring, R-Jackson Township, served as an elector for George W. Bush in 2004 when he was a state senator. There was no legal challenge to him serving then.
