Election |

Virginia Beach School Board candidate withdraws from race after opponent sued to keep him off ballot

VIRGINIA BEACH — School Board candidate John Sutton III withdrew from the District 3 race on Monday, hours after a judge issued a ruling in a court case in which Sutton’s opponent had challenged his eligibility to run.

Sutton’s attorney, Ari Stein, confirmed his client had decided to drop out but didn’t offer a reason for the change of heart. The decision leaves Sutton’s opponent, Mark Bohenstiel, as the only candidate who will appear on the November ballot. Incumbent Jessica Owens is not seeking reelection.

Sutton’s decision came shortly after Virginia Beach Circuit Court Judge Afshin Farashahi declined a request from Bohenstiel for an emergency order that would have prevented Sutton’s name from being included on the ballot as the registrar’s office prepares to send out mail-in ballots and begin early voting next week. Bohenstiel filed a lawsuit last week in which he claimed Sutton had failed to meet all the requirements needed to be eligible to run.

Farashahi’s ruling on Monday, however, was only a temporary measure until a trial on the matter could be held. No trial date was set, but it would have been held before the election.

Bohenstiel’s case centers on the petitions Sutton submitted to qualify for the race. Candidates had to obtain 125 valid signatures from qualified voters in the district. While Bohenstiel’s lawsuit didn’t challenge the authenticity of the signatures, it did question the dates included with some of them, as well as the process followed when the petitions were notarized.

During a hearing Friday before Farashahi, Sutton testified he did his best to follow all the rules for obtaining and submitting signatures. The retired teacher and school administrator said he dated the pages of signatures he collected as Feb. 3, which is when he began gathering them. Some, however, were obtained on Feb. 4 and Feb. 5, he said.

A former student of Sutton’s who attends the University of Virginia helped collect signatures, along with two of his fraternity brothers, Sutton said. A notary public in Charlottesville who notarized the petitions submitted a written statement in which he said the petitions were signed before they were presented to him. In such cases, he wrote, the standard practice is to have the presenters swear to their signatures in the notary’s presence and then re-date them. They weren’t re-dated in this case, he said.

Farashahi said there wasn’t enough evidence presented at last week’s hearing to indicate whether Bohenstiel was likely to succeed at trial.

He also said that while Bohenstiel would suffer “irreparable harm” if Sutton’s name is included on the ballot at this time, and then he’s later determined to be ineligible, the harm to Sutton would be greater if he were kept off the ballot now and then were to prevail at trial.

Jane Harper, jane.harper@pilotonline.com