Traveling back and forth from the Canfield fair this week, you might see signs like this along your route.  They show a big yellow pencil urging voters to write-in the name of David Aey for Mahoning County Sheriff in November.  Under Ohio law, write-in candidates have to be registered, something Aey has not yet done.

While Aey has until Wednesday, September 3rd to file his papers, can he actually run as a write-in? Earlier this year, while campaigning for the March primary, Aey was thrown off the ballot.  The Board of Elections ruled at the time he wasn't qualified.  The Ohio Revised Code says election officials shouldn't accept his declaration now, since he had already been a candidate, and had filed petitions to do so.  Turns out that could be changing.  Mahoning County Elections Director Tom McCabe says there could have been a ruling from the Supreme Court of Ohio, "that might be reversing" an earlier advisory from the Secretary of State's office concerning write-in campaigns.

But while everyone waits for opinions from Columbus, as well as the County Prosecutor's Office, the clock is ticking.  Ballots must be finalized by September 30th to allow for early and absentee voting.

Now we were able to talk with David Aey by phone this afternoon, but on what he says was the advice of his attorney, he wouldn't say much, other than he could file his write-in declaration this Tuesday, one day before the deadline.

Incumbant Sheriff Randall Wellington wasn't talking either today, saying the matter would have to be handled by the prosecutor and the Board of Elections.