The Republican Party will have to take a second vote in order to appoint Proctorville businessman Freddie Hayes to the Lawrence County Commission.

Hayes was appointed by the county’s central committee earlier this month to fill the vacancy on the commission that occurred when sitting commissioner Paul Herrell, a Republican, died in February. At that time Hayes was a member of the county board of elections.

Hayes and Ohio University Southern professor David Lucas were the two vying for the post with Hayes pulling 43 votes to Lucas’ tally of 25.

However, that appointment has been ruled invalid because it was done by secret ballot instead of with a public show of hands or voice vote.

“You can’t have a secret ballot,” Ray Dutey, county Republican chairman, said. “That is in violation of the Sunshine Laws’. The letters went out yesterday to have another central committee meeting.”

Both Hayes’ appointment and the recommendation of Ironton attorney Randall Lambert to the county board of elections were made with a secret ballot. However, since the Ohio Secretary of State actually makes the appointment to the board of elections and the GOP vote was simply a recommendation, Lambert’s vote will not be redone.

“There are no court cases that have decided how a county central committee conducts business, if it is considered a public body and is subject to the sunshine laws,” said Brigham Anderson, county assistant prosecutor and member of the Republican Party.

In the 1980s the then Ohio Attorney General said those committees were public bodies, but that they could also use the secret ballot to make appointments.

“That is the way our party has been doing it for many, many years,” Anderson said. “In October, Attorney General Mike DeWine issued an opinion the county central committees are public bodies and subject to sunshine laws. That is an advisory opinion. But out of an abundance of caution we are going to redo the vote. … I feel it is the best course of action.”

As far as Lambert’s case, the Republicans are asking for a written opinion from the secretary of state that appointment is valid.

“There is no need to redo that,” Anderson said.

The local Republican Party may also ask for a ruling from Columbus on whether it can in the future take secret ballot votes. The party’s central committee will meet on Tuesday to take the second vote on Hayes and to make a recommendation on filling the latest vacancy on the election board.