Washington County Board of Elections chairman Dennis Sipe, center, asks Marietta mayoral candidate Ann Labes a question about a piece of evidence during a hearing Friday at the board office. (Photo by Gretchen Dowler)

MARIETTA — The Washington County Board of Elections continued a hearing Friday challenging the residency of independent Marietta mayoral candidate Ann Labes.

The residency of Labes and fellow independent candidate Jeff Walker, who recently withdrew, was challenged by Jon Grimm, an independent candidate for an at-large Marietta City Council seat, who has also dropped out of the fall election.

Both sides were able to present evidence and witnesses and have legal representation in Friday’s hearing. Grimm was unable to attend, due to a recent medical issue, but was represented by attorney Ryan Ashwood.

Labes filed to run with a listed address of 286 Front St. But Grimm has challenged whether that is her residence.

Ashwood presented two witnesses to the board, asking if they had seen Labes living or parking her car at a residence on Bethel Road, outside the city limits. Both witnesses said they had seen activity at the address by Labes and her husband, Ari Gold.

Marietta mayoral candidate Ann Labes, standing, and husband Ari Gold, right, are seen during a hearing Friday at the Washington County Board of Elections, along with individuals Labes brought on her behalf in the dispute over her residency. (Photo by Gretchen Dowler)

On cross examination, Labes, an attorney, asked if either of them had ever met her or seen her car. John Schwedeman, said he had never met her and had only ever seen her car outside of TLV, the restaurant Labes and Gold own in the building at 286 Front St., Marietta.

Ashwood’s final piece of evidence was an affidavit from a postal carrier who has a route in downtown Marietta and stated that mail she delivered to 286 Front St. was never addressed to Labes.

Before Labes presented her evidence to the board, Ashwood asked for the opportunity to continue the hearing so he could subpoena more evidence from more witnesses and allow Grimm the chance to appear. Labes strongly objected to the request, on which the four-member board did not rule initially.

“I do not know any of the witnesses from Grimm’s side,” Labes said in her opening statements. “I have built the loft above the restaurant to my specifications, and I do not know the mail person because I know all the mail carriers who deliver mail to the building because I provide them with the code for the door in order to receive my mail.”

She then presented 10 witness statements and several cable, electric, health care and car insurance bills, letters from the Ohio Bureau of Motor Vehicles and documents related to construction of the loft above TLV.

Marietta mayoral candidate Ann Labes discusses her evidence packet with the Washington County Board of Elections: from left, Charlie Wentz, Robin Bozian, Khadine Ritter, chairman Dennis Sipe and board Director Mandy Amos. (Photo by Gretchen Dowler)

Labes also said she and her husband store items at the Bethel Road house.

The board asked Labes how many apartments are in the building, and she said there were four.

“But if you live at apartment one, then you have to put the apartment number on your address when you register,” Ashwood said.

“I own the whole building, therefore I put 286 Front St. as my address,” Labes said.

The board then asked Labes why the architect states that they were working on 284 Front Street for the remodel of her loft apartment.

She answered that “284 Front Street is where all the seating of the restaurant is; above that is where all the apartments are connected.”

After Labes finished presenting her evidence, the board went into executive session for half an hour. When they returned, they continued the hearing to 8:30 a.m. Aug. 30. Labes asked if that would be too late for the printing of the ballots.

“We’re in good shape regarding the midterms,” board Chairman Dennis Sipe said. “We have until the middle of September.”

The board will determine where the continuation of the hearing will take place closer to the hearing date.

Gretchen Dowler can be reached at gdowler@newsandsentinel.com.