WARREN — A visiting judge will hear the civil lawsuit filed by a Trumbull County commissioner contesting the Nov. 3 election of his Republican opponent.

Edward K. Miller, director of the office of public information for the Ohio Supreme Court, confirmed Tuesday afternoon that the Trumbull County Common Pleas Court made a visiting judge request to the high court. It is regarding the civil action filed by Commissioner Daniel Polivka and 66 petitioning voters contesting the election of Niki Frenchko.

The civil action filed Monday was assigned to Common Pleas Judge Andrew D. Logan.

According to Miller, Ohio trial court judges don’t need Supreme Court permission to recuse from a case.

“However, if they want a visiting judge to be appointed to hear a case — instead of having a colleague take the case — then the court sends a formal request here, and that’s what happened,” Miller stated in an email responding to an inquiry made by this newspaper.

The Supreme Court has not set a timetable for naming a judge to hear the case, Miller said.

Among the defendants listed in the civil action are Frenchko and the four Trumbull County Board of Elections members.

The plaintiffs, represented by Columbus attorney Rick Brunner, are challenging “election irregularities” dealing with questions over Frenchko’s residency. They want a judge to set a hearing in 15 to 30 days and to void any claimed election of Frenchko.

The lawsuit also asks the judge to either order the board of elections to declare Polivka the winner of the Nov. 3 vote or for the court to order the board to hold a new election for county commissioner.

If the matter isn’t decided by Jan. 3, 2021 — the day the new commissioner term is to begin — the filing asks the judge to fill any commissioner’s post vacancy that results.

The election board on Nov. 18 certified Frenchko’s election, in which she defeated Polivka by 4,506 votes. Polivka held the office for 16 years. Polivka also is Trumbull County Democratic Party chairman.

After Monday’s filing, Frenchko called for a visiting judge in the name of ethics and transparency. On Tuesday, she cited the county’s finances.

“In an effort to subvert the will of the people and cancel the votes of nearly 50,000 citizens, Polivka is burdening the county budget on his way out,” Frenchko stated in an email. “A visiting judge — along with special counsel for the board of elections, who he also sued — will increase costs to the taxpayers. The BOE (board of elections) will also have a conflict of interest. The additional election he is requesting would also be an added expense, if granted. The last thing our county needs is additional expenses based on frivolous lawsuits.”

Polivka said of the request for a visiting judge: “That’s good. I request total transparency.”

gvogrin@tribtoday.com