Pollock’s challenge in DA race dismissed
A Greene County judge on Wednesday dismissed a challenge to district attorney Marjorie J. Fox’s victory in the May 15 primary.
In the challenge he filed May 29, David F. Pollock, who was the district attorney from 1988 to 1999, argued that Fox should not have been allowed on the Democratic ballot because she is not registered as a Democratic voter under the last name Fox. A Greene County judge on Wednesday dismissed a challenge to district attorney Marjorie J. Fox’s victory in the May 15 primary.
In the challenge he filed May 29, David F. Pollock, who was the district attorney from 1988 to 1999, argued that Fox should not have been allowed on the Democratic ballot because she is not registered as a Democratic voter under the last name Fox.
She is registered as a voter under her married name, Marjorie J. Niedbala. Fox said she uses her maiden name professionally because she was admitted into the practice of law before she was married.
President Judge H. Terry Grimes’ decision states that Pollock’s objection to Fox’s name appearing on the ballot was filed too late.
Pollock’s petition also contended that Fox should not have been awarded Republican write-in votes that contained only the name Fox because his middle name is Fox. Pollock’s name appeared as David F. Pollock on the ballot.
If Fox were denied the write-in votes for Fox, Pollock said he would have won the Republican nomination and would run against Fox in the general election in November.
The county election board correctly gave Republican write-in votes for “Pollock” to David F. Pollock and the write-in votes for “Fox” to Marjorie J. Fox, according to Grimes’ decision.
“I’m pleased with the results,” Fox said. “I hope we can put the elections behind us now.”
Pollock could not be reached for comment.
Grimes also said no evidence of fraud was presented at a hearing held June 6.
Initially the hearing was scheduled for June 4 before Judge William R. Nalitz, but he recused himself from the case because he serves on the election board that certified the final vote count.
Fox received 3,526 votes to win the Democratic nomination and 441 write-in votes to win the Republican nomination.
Pollock received 3,171 Democratic votes and 435 Republican write-in votes.
Pollock was the district attorney when Fox was hired as an assistant in 1989.
She served as first assistant district attorney under Pollock and his successor Glenn Toothman III. Toothman defeated Pollock in the 1999 election, but resigned in 2001 before the end of his term.
Fox received a court appointment to fill the remainder of Toothman’s term and won her first full term in 2003.