Former Trumbull County Commissioner Dan Polivka is once again asking the Ohio Supreme Court to undo his re-election loss to challenger Niki Frenchko.

Polivka’s attorneys have petitioned the court to remove Frenchko from office and replace her with Polivka.

A complaint filed with the court alleges that Frenchko is no longer a resident of Trumbull County, which under state law would disqualify her from running for commissioner there.

Attorneys Rick Brunner and Patrick Quinn say that Frenchko has child enrolled in the Mentor School District in Lake County, Ohio, which does not permit students to live outside the district.

“Respondent is not able to make the trip between Mentor (Lake County) and Warren (Trumbull County) in a single day. As such and combined with the fact that Respondent spends most of her nights in Mentor, the available time in which Respondent could even spend in Warren is severely limited,” according to the complaint.

Additionally, the complaint alleges that Frenchko has asked a country club in Trumbull County to change her membership status to that of a “non-resident” and has reported little or no income earned in the City of Warren, where she claims to live.

Polivka says that since he received the second-most votes in the November election, he is entitled to hold the office of county commissioner.

Frenchko has not yet filed a response to the complaint, but tells 21 News her attorney will be doing so. 

"It's just more frivolous legal maneuvers by a sore loser," Frenchko said. 

"To use a person's minor child as political fodder is the lowest of the low," she said. 

This is Polivka’s second attempt to use the Ohio Supreme Court to oust Frenchko.

Polivka challenged the Trumbull County Board of Election’s ruling that because Frenchko owns a home in Warren, she was a qualified candidate.

In April, the justices granted Frenchko’s motion to dismiss Polivka’s challenge.

Frenchko, whose term began on January 3, garnered around 52 percent of the vote, more than 52,500 votes, in beating Polivka who served four terms as commissioner and is also chairman of the Trumbull Democratic Party.