Expedited hearing on Spletzer election to be held Monday
NEWTON FALLS, Ohio - An “expedited hearing” that could decide whether Tesa Spletzer should replace current Third Ward Councilman Lyle Waddell has been scheduled for this coming Monday, December 21 at 11 a.m. The hearing is to be conducted virtually through Webex, a web conferencing site accessible to the public.
21 News learned Friday afternoon that Trumbull Common Pleas Judge Andrew Logan scheduled the hearing based on Spletzer’s motion to dismiss a lawsuit filed by Waddell who claims the election that he lost decisively in November was held in violation of the Newton Falls charter and “the laws of the state of Ohio.” Logan is not scheduled to try Waddell’s lawsuit until January 8, however, both sides confirmed to 21 News that Logan will hear Spletzer’s motion to dismiss the lawsuit Monday. Attorney Alfred Schrader who represents Spletzer, declined to speculate on the proceeding’s outcome.
“I would be happy if he decides to dismiss (Waddell’s) lawsuit,” Schrader told 21 News, but as for anything else, “it’s entirely up to the court.”
Waddell has argued the vote should have not been held until the November 2021 general election, even though the Trumbull County Board of Elections decided otherwise. One of the factors was a determination by A. Joseph Fritz, Newton Falls law director, that the election was properly scheduled. However, after Waddell’s defeat last month, Fritz ruled that the councilman should maintain the Third Ward seat until the case is decided. That doesn’t sit well with Spletzer’s legal counsel.
“On November 18, Tesa should have been seated as the Third Ward council representative,” Schrader said. Schrader also questioned why Waddell, who filed his lawsuit without an attorney, is suing Spletzer, whom he argues is the wrong defendant.
“He should be suing the Board of Elections, not Tesa,” Schrader said. “She doesn’t schedule elections.”
Waddell told 21 News he believes he can still win his case. “I will prevail,” he said. Waddell is not challenging the outcome of the election that Spletzer won with 67 percent of the vote.
