By Marie McCain
The Cincinnati Enquirer

Republican Hamilton County judicial candidate Frederick D. Nelson will remain on the November ballot despite a protest from his Democratic opponent Bruce B. Whitman that sought to have him removed.

In Wednesday's decision, just days before the general election, the Ohio Supreme Court ruled that Mr. Whitman's challenge was without merit.

In the only contested race for a seat on Hamilton County Common Pleas Court, Mr. Whitman hoped to have Mr. Nelson eliminated from the race because he thinks Mr. Nelson is not complying with Ohio law.

Mr. Whitman has said there is no proof his Republican opponent practiced law in Ohio for a total of six years before he opted to run for judge - as required by state statute.

Mr. Nelson has denied the allegation, contending that he is more than qualified to run for judge.

Wednesday's opinion did not address the issue of Mr. Nelson's qualifications. It mainly discussed perceived errors in Mr. Whitman's challenge.

But despite the court's decision, Mr. Whitman said he did not view it as a defeat and will continue to focus on winning this contest.

Mr. Nelson has referred to Mr. Whitman's challenge as a desperation tactic. Mr. Whitman filed his initial challenge in August.

The Hamilton County Board of Elections tied 2-2, along party lines, over whether the board had jurisdiction to hear the challenge.

The challenge was then sent to Ohio Secretary of State J. Kenneth Blackwell, who rejected Mr. Whitman's challenge in September.

Mr. Whitman appealed to the Ohio Supreme Court this month.

E-mail mmccain@enquirer.com