A Columbiana County man wants to right what he believes was a legal mistake in the upcoming presidential election.
Don Vos of Hammondsville has filed a lawsuit in federal court against Ohio Secretary of State Frank LaRose to block Vice President Kamala Harris from replacing President Joe Biden in November’s election, claiming it is unconstitutional – but the state agency says the change is permissible.
Biden dropped out of the race last month in a historic move, paving the way for Harris to win the Democratic nomination.
Vos, who trained in law and represented himself, said Article 1, Section 20 of the Ohio Constitution – which states that all powers not delegated by the federal government are in the hands of the people – prevents Harris from getting on the ballot.
“The Secretary of State was never given the express authority to replace a retiring Democratic Party candidate with his vice president so close to the 2024 presidential election,” said Vos, 70. “If the Ohio Constitution doesn’t say that this is possible, it can’t happen, and we have to take action against it. I’m the man who can do it.”
He filed the lawsuit in U.S. District Court on August 1. The case was assigned to Judge Dan Aaron Polster in Cleveland.
Ohio Secretary of State’s Office Responds to Complaint
Dan Lusheck, who serves as media relations representative for Secretary of State Frank LaRose, said Ohio law allows either major party to nominate any candidate they want under their rules as long as the secretary of state’s office is notified by Sept. 1.
Specifically, Ohio House Bill 2 states that a candidate must be selected sometime within 65 days of the election. There are just under 90 days until the election.
Lusheck said he was unaware of any similar lawsuits in Ohio courts.
Vos said the only legal candidates on the ballot are former President Donald Trump and independent candidate Robert F. Kennedy Jr. Vos is voting for Trump, but said his ideal ballot would be one in which Trump nominates Kennedy as his running mate.
“As someone who led a civilian militia for 30 years, I’ve always argued that the law applies to you, to me, to everybody,” Vos said. “We plan to file suit in Virginia, New York and Pennsylvania because I believe this is a very legitimate constitutional issue.”
Vos said that if the Republican Party replaced Trump with another candidate so close to the election, he would also challenge the legality of that.
