By Gregory Korte
The Cincinnati Enquirer

Both sides in the fight over Damon Lynch III's candidacy for Cincinnati City Council won a round Wednesday at the Hamilton County Board of Elections.

The board, by a 4-0 vote, refused to dismiss Republican candidate Pete Witte's protest that Lynch is not eligible to vote - or to run for office - from his East Price Hill condo. Lynch, an independent who's one of 26 candidates running for nine at-large seats in the Nov. 4 election, also owns a house in Woodlawn.

But the board also quashed, for now, 16 subpoenas Witte's lawyer had requested - including utility bills, tax records and even newspaper subscriptions - in an effort to prove that Lynch lives outside the city.

In an emergency hearing Wednesday, the board did clarify a few facts:

Lynch did live at the Warsaw Avenue condo on Aug. 18, when he changed his voter registration to that address, both sides agreed. They also agreed that his wife continues to live in Woodlawn.

The issue, then, is whether a husband and wife may live "separate and apart" for purposes of voting residency - and whether a protester can inquire into the circumstances of that separation.

To Lynch's attorney, Kenneth L. Lawson, that's nobody's business.

"I will not allow my client - be it Rev. Lynch or any other citizen - to come before this board and be cross-examined about his personal affairs," he said. "I find it repulsive."

"The intent of the law is to prevent someone from flip-flopping between residences," said board member Michael Barrett. "They have to show that they live separate and apart, and it's their intent to live separate and apart for reasons other than voter registration."

The board will hear arguments on the issue Friday.

E-mail gkorte@enquirer.com

Related story:
Amos: Where Lynch lives matters; family life doesn't