Metcalfe, Daley dust-up done
A legal dust-up between state Reps. Daryl Metcalfe and Peter Daley over alleged “ghost voting” during a contentious budget vote in December is over before it really began.
In a filing Wednesday, Daley, D-49th, of Washington County, withdrew a preliminary writ he had filed in February saying that he intended to sue Metcalfe, R-12th, for slander, libel or defamation of character.
The filing is notice that Daley is dropping the civil action against Metcalfe. It does not contain any reasoning or explanation for Daley's decision, and Daley did not return a message for comment.
Metcalfe had accused Daley of being part of a ghost voting effort on Dec. 22 when the House voted on a proposed state budget and Daley was allegedly absent and had a vote cast for him by state Rep. Michael Schlossberg, D-132nd.
Metcalfe said he is happy to put the matter behind him.
“His (Daley's) action was a frivolous threat ... and he had no grounds to sue me,” Metcalfe said. “I was actually exposing voter fraud that was happening on the floor,” of the House.
Daley's withdrawal of his preliminary writ ends a legal battle that was yet to begin in earnest — though the two parties did meet in court one time. Last week Butler County Court Judge Marilyn Horan granted a motion filed by Metcalfe's lawyers asking that potential evidence in any civil action be preserved. Daley was in court for that hearing, and did not oppose the motion.
On Thursday Metcalfe said he had “no desire” to file any countersuit or other legal action in response to Daley's civil filing.
