NORWOOD — Two council candidates in Ward 4 will have to settle a dispute before the Hamilton County Board of Elections.

        John Fenton, a Democrat, has filed for election in Ward 4 and until recently had no opponent. Incumbent Charles Marshall, a Republican, decided April 21 not to run for re-election.

        But Republican Marian Hochbein, Mayor Joseph Hochbein's sister, withdrew her petitions to run as an at-large candidate and filed instead for the 4th Ward on July 16.

        The issue the board has to settle is whether Ms. Hochbein can run, considering that Mr. Marshall dropped out before the May 7 primary.

        “It is questionable,” said Ms. Hochbein, who is making her first run for city council. “I will just have to wait and see what the board decides.”

        Mr. Fenton, a lawyer, doesn't think she can, although he admits the law on primaries and party nominations is nebulous.

        “As a general principle, I think candidates should have opponents,” Mr. Fenton said. “But in this case, the law is not specific.”

        State law does not address the issue if a municipal candidate withdraws before the primary election, as it does for congressional candidates. The law stipulates that if a congressional candidate withdraws before the primary, the party can nominate a replacement.

        The Ohio Revised Code also addresses what happens if a candidate dies. If it happens at least 10 days before a primary election, the candidate can be replaced. If the candidate dies after the primary election, the party has until 75 days before the general election to get a replacement candidate.

        A candidate or any citizen may file a protest regarding a candidate with the Board of Elections. As of Thursday, no one had.

        Mr. Fenton and Ms. Hochbein are neighbors and say they have no animosity toward each other.

        “We have worked together on several projects,” Mr. Fenton said.

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