In the case Dayne, et al v. Crawford County Board of Elections, et al, which is the lawsuit against the Board of Elections and City of Galion, the case has been appointed a visiting judge by the Ohio Supreme Court.
In an official court document dated Feb. 12, 2013, the Honorable David Calvin Faulkner, retired from the Hardin County Court of Common Pleas, has been assigned. The case will proceed at the Crawford County Court of Common Pleas, but a date has not yet been placed on the court docket.
Grant Garverick, representing the plaintiffs, explained that Judge Faulkner will now review several of the pending motions and decide how the case should move forward, including his two motions: One to bifurcate (or separate) the case, the other to amend the complaint.
The bifurcate motion would divide the case into one ruling for writ of mandamus and the other for a declaratory judgment.
Harry Welsh, representing the City of Galion, is arguing against the motions. According to him, there are simply not two cases here. He noted that there have been no decisions yet made on any of the motions.
Welsh explained the next step in the process is a status conference, which will be held soon. He acknowledged that time is short with the upcoming Special Election on May 7, but doubts the judge will make a final ruling on the case before then.