I-1k^ IN THE SUPREME COURT OF

THE STATE OF OHIO ex rel., LUCAS COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE CASE NUMBER 2014-1123

RELATOR, Original Action in Mandamus

vs.

JON HUSTED,

RESPONDENT.

STIPULATIONS OF FACT

WILLIAM M. TODD (#0023061) MICHAEL DEWIN'E (0009181) Law Offices of William M. Todd, Ltd Oliio Attorney General 137 East State Street Columbus, Ohio 43215 TIFFANY L. CARWILE (0082522)* Phone No.: (614) 545-6311 *Counsel of Record Fax No.: (614) 545-6356 E-mail: wtodd Awilliammtodd.com RYAN L. RICHARDSON (0090382) Assistant Attorneys General Counsel for Relator Constitutional Offices Section Lucas County Republican Party 30 East Broad Street, 16b Floor Columbus, Ohio 43215 Tel : 614-466-2872 Fax: 614-728-7592 tiffany.carwile tl,ohioattornq^ eneral.^ov ryan.richardson cc`oh'roattorneygeneral.gov

t! `-rl ^ • ^''{ .. , c (

V..^.^ifl' Counsel for Relator Ohio Secretary of State Relator, Lucas County Republican Party Executive Committee ("LCRP Executive

Committee"), and Respondent, Jon Husted, Ohio Secretary of State (the "Secretary") stipulate the following facts in this action:

PARTIES

1. Relator, LCRP Executive Committee is the duly elected Executive Committee of the

Republican Party of Lucas County, Ohio.

2. Respondent, the Secretary, is the duly elected Secretary of State for the State of

Ohio.

JURISDICTION

3. Article IV, Section 2(B)(1)(d) of the Ohio Constitution, and Rule X of Rules of

Practice of this Court, vest this Court with original jurisdiction to grant writs of

mandamus.

FACTS COiMMOl`1 TO ALL COUNTS

4. In June 2011, the Secretary appointed Jon Stainbrook to fill a Board member

vacancy for an unexpired term ending February 28, 2014, at the Lucas County Board

of Elections, as recommended by the LCRP Executive Committee

5. In February 2014, the Secretary re-appointed Jon Stainbrook to the Lucas County

Board of Elections for a full-term ending February 28, 2017

6. In March and April 2014, Mr. Stainbrook made multiple requests to the Secretary of

State's office for their assistance to help the Lucas County Board of Elections

properly administer the 2014 Primary Election.

2 7. On April 7, 2014, the Secretary issued Directive 2014-11 to form a four-member

panel that was termed the "The Transparency Committee." The Transparency

Committee included the Secretary's former Assistant Secretary of State Scott

Borgemenke; former Secretary of State ; political consultant and

former Lucas County Board of Elections Democratic Board member James Ruvolo;

and attorney and former Assistant Secretary of State to Ohio Secretary of State Bob

Taft, Jonathan Allison.

8. The Transparency Committee held public meetings during special Board meetings

on April 9, April 15, Apri123, and May 9, 2014.

9. During the meetings of the Transparency Committee, public statements were made

by and about the Lucas County Board of Elections' Board members and staff, Lucas

County political party members, officials, and candidates; and various members of

the public.

10. At the close of the meeting held on May 9, 2014, the Transparency Committee

publicly recommended that the Secretary remove Board members Stainbrook,

DeGidio, and Rothenbuhler, Director Gina Kaczala, and Deputy Director Dan

DeAngelis. In addition the Transparency Committee recommended that Democratic

Board member, and former Lucas County Democratic Chairman, John Irish, should

retain his position on the Board.

11. On May 15, 2014, Director of Elections, Matt Damschroder, presided over a 7-hour

hearing to afford each individual further due process and present an oppor-tunity for

elections officials whose removal ' was recommended by the Transparency

Committee to be heard as to why each felt that they should retain their positions.

3 12. On June 4, 2014, Mr. Damschroder issued a report in which he recommended to the

Secretary that three Board members and the Director be removed. (A true copy of

the Hearing Officer's Report and Recommendations, not including the Exhibits is

attached to the Writ Petition as Exhibit A.) The Deputy Director resigned prior to the

hearing, and was thus not addressed in the report, On June 5, 2014, the Secretary

removed from the Lucas County Board of Elections Republican Board members Jon

Stainbrook and Anthony DeGidio, and Democratic Board member Ron

Rothenbuhler. In addition, the Secretary suspended Democratic Board member John

Irish until the new Board members were selected.

13. The LCRP Executive Committee, at a meeting held by its members on June 18,

2014, recommended the appointments to the Lucas County Board of Elections of

Kelly Bensman for an unexpired term ending February 29, 2016, and Benjamin

Roberts for an unexpired term ending February 28, 2017. (A true copy of said

recommendations is attached to the Writ Petition).

14. In accordance with R.C. 3501.07, in a letter dated June 24, 2014, the Secretary

expressed that he had reason to believe that neither 1VIs. Bensman nor Mr. Roberts

would be competent to serve on the Board of Elections. He expressed his reasons in

the letter and rejected the recommendations of the LCRP Executive Committee. (A

true copy of said letter is attached to the Writ Petition as Exhibit C).

15. Plaintiffs LCRP filed this petition for a writ of mandamus in response to the

Secretary's rejection of those proposed appointnients.

4 _Rospectfully submitted, ^

William M. Todd (#0023061) Law Offices of William M. Todd, Ltd 137 East State Street Columbus, Ohio 43215 Phone No.: (614) 545-6311 Fax No.: (614) 545-6356 E-mail: [email protected]

COUNSEL FOR RELATOR LUCAS COUNTY REPLJBLICANPARTY EXECUTIVE COMMITTEE

C/ T a60-"arwlle* *COUNSEL OF RECORD

RYAN L. RICHARDSON (0090382) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: 614-466-2872 Fax: 614-728-7592 tiffany.car`vile(a-)ohioattorney eneral.^clv [email protected]

Counsel for Relator Ohio Secretary of State John Husted

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