Having been denied a spot on the November ballot by the Ohio Supreme Court, attorney Sarah Kovoor is now asking a federal Judge to let her run as the Republican candidate for Trumbull County Common Pleas Court judge.

Filing in U.S. District Court in Columbus, Kovoor says that Ohio Secretary of State Frank LaRose acted in violation of the U.S. Constitution when he cast a vote to break a tie by the Trumbull County Board of elections, resulting in Kovoor being denied a spot on the Fall ballot as the GOP judicial candidate.

According to Kovoor's complaint, Larose's decision leaves Democrat Cynthia rice as the only candidate running to fill the unexpired term of Trumbull County Court of Common Pleas Judge Peter Kontos.

An opinion from the Ohio Supreme Court described Kovoor as an "unsuccessful candidate" for the Republican Party's nomination for a seat at the 11th District Court of Appeals in the May 3 primary election.

Shortly after this, Judge Kontos announced his retirement as judge leaving his seat open as of July 31. Kovoor was selected as the Republican candidate to fill his seat on August 14.

Two days later, Trumbull County Board of Elections Director, Stephanie Penrose explained that Kovoor should be disqualified from running under Ohio Revised Code because she ran for a different judicial office during the May primary.

A vote was conducted on August 19 with two board members voting for Kovoor's name on the ballot and another two voting against it. The matter was submitted to Secretary of State, Frank LaRose for a tiebreaker vote.

On August 31, it was announced that LaRose had voted against Kovoor's name on the ballot, also citing Ohio Revised Code. 

Ohio Revised Code 3513.04 states the following:

"No person who seeks party nomination for an office or position at a primary election by declaration of candidacy shall be permitted to become a candidate by nominating petition, including a nominating petition filed under section 3517.012 of the Revised Code, by declaration of intent to be a write-in candidate, or by filling a vacancy under section 3513.31 of the Revised Code at the following general election for any office other than the office of member of the state board of education, office of member of a city, local, or exempted village board of education, office of member of a governing board of an educational service center, or office of township trustee."

The writ of mandamus was denied on the basis of this section of the Ohio Revised Code.