A Marietta business owner is asking the Ohio Supreme Court for a peremptory writ of mandamus or a writ of mandamus to compel the Washington County Board of Elections to certify his name for placement on the upcoming May 2 primary election ballot as a candidate for a four-year term as mayor of the City of Marietta after the board removed his name from the ballot.

Ari Gold, owner of the TLV restaurant located on Front Street in Marietta, filed a complaint with the court on March 3. The complaint alleges the election board showed disparate treatment of candidates, had conflicts of interest on the board and showed procedural issues.

The complaint said the board of elections voted to decline Gold’s petition to run for mayor on Feb. 7, 2023. It said in the complaint this was based on Ohio Revised Code 3513.06.

O.R.C. 3513.06 states: “If any person desiring to become a candidate for public office has had a change of name within five years immediately preceding the filing of the person’s declaration of candidacy, the person’s declaration of candidacy and petition shall both contain, immediately following the person’s present name, the person’s former names.”

The complaint said in September 2020 Gold earned his U.S. citizenship and part of the process was allowing applicants to change their name. “At that time, Mr. Gold was known as David Labes. He changed his name when he gained citizenship,” the complaint said.

According to the Declaration of Candidacy, Gold failed to add in his name change, and based on a letter sent by the election board to Gold at 286 Front St. the address listed in the declaration, this was the reason his petition was declined.

“The Washington County Board of Elections reviewed the validity and sufficiency of your petition at their meeting February 7, 2023,” the letter read. “The Board voted not to certify your petition. The Board’s decision was based on Ohio Revised Code 3513.06 (Change of name of candidate).”

Dennis Sipe, Chair for the election board, said one member of the board was unable to attend that Feb. 7 meeting but the board voted 3-0 to not certify Gold’s petition.

The letter goes on to say a reconsideration hearing can be requested and the complaint says one took place on Feb. 24, 2023.

Sipe said three individuals attended that hearing, including Gold, and one decision was reversed. He said that individual simply had to bring people in to verify their signatures on the petition. Sipe said another individual who petitioned to run for city council failed to specify the district they were running in and that decision was not reversed. He said Gold’s request was also denied.

Gold’s complaint said Khadine Ritter, a member of the election board, should have excluded herself during that Feb 7 vote based on the fact she was Gold’s lawyer from 2015 to at least 2019.

According to the response filed by the board to the Ohio Supreme Court, they admit Ritter served as Gold’s lawyer but deny there was any personal relationship or conflict of interest regarding the decision.

The case is still open and no date has been set for the court to hear it. Gold could not be reached for comment by Friday’s deadline.