DELAWARE — Delaware County Board of Elections member Melanie Leneghan has filed a writ of mandamus with the Ohio Supreme Court, seeking to overturn the board’s decision that canceled her voter registration and deemed her residency in Delaware County invalid.
Leneghan told Delaware Source the board’s 2-1 decision was a violation of election integrity, noting that two Democratic members and one Republican member cast the votes.
The filing asks the court to restore her voter registration and place her back on the May 5 primary ballot.
The April 10 hearing was ordered by the Ohio Supreme Court after Leneghan’s challenger, Velva Dunn, filed a separate writ of mandamus. The court granted that request 7-0, requiring the board to proceed after earlier recusals left it without a quorum.
A writ of mandamus is a legal request asking a court to order a government body to follow the law or reverse a decision.
In the new filing, Leneghan argues the board applied the wrong legal standard, pointing to Ohio Revised Code Section 3503.02, which defines residency based on a person’s intent to return to a fixed home — not where they “lay their head at night.”
The complaint specifically cites reporting from Delaware Source, including comments from board vice chair Peg Watkins, to support that argument.
“I will reiterate that your intention to do something does not tell us where you lay your head at night,” Watkins said. “I think that we need to go with the behavior, rather than what someone intends to do in the future.”
Leneghan’s filing contrasts that standard with provisions of the Ohio Revised Code, arguing that residency should be determined by a person’s intent to return to a fixed residence, even when other factors create uncertainty.
The case comes as early voting is already underway ahead of the May 5 primary.
Read the most recent mandamus below: