IN THE SUPREME COURT OF ^^^^^^

THE STATE OF OHIO ex rel., LUCAS COIJNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE CASE NO. 2014-1123

RELATOR, Original Action in Mandamus

vs.

JON M. HUSTED OHIO SECRETAR1' OF STATE

RESPONDENT.

RELATOR' S MOTION TO ENLARGE THE PERIOD

TO FILE EVIDENCE

WILLIAM M. TODD (0023061) MICHAEL DEWINE (0009181) Law Offices of William M. Todd, Ltd 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: wtodd2(williammtodd.com RYAN L. RICHARDSON (0090382) Assistant Attorneys General Counsel for Relator Constitutional Offices Section Lucas County Republican Party 30 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel : 614-466-2872

d ^• f { 3f.. Fax: 614-728-7592 ; N ._. _..^, ^.._ ... [email protected] , [email protected] ..:,., ;.^ •,:^• . , :: f^? ^. . Counsel for Respondent , i4^ ^;;t :`'.tf; %.;ii 'r^'tii ''3 :E. ,. ii ..`i C7Gfiaw•^.^.'Y;^ysSr3?: ":^•^s'1^:^^^^. 'sf•.ii-._` `v ^_^-.. ^ '• ,... .^^f This Petition for a Writ of Mandamus was filed on July 3, 2014, pursuant to R.C. Section

3501.07 The Writ challenges the personal decision of Respondent, Secretary of State, Jon M.

Husted (the "Secretary") to reject the recommendations of Relator, Lucas County Republican

Party (the "LCRP Executive Committee," with regard to statutory appointments to the Lucas

County Board of Elections.

The Secretary has refused to have his deposition taken in this action. Relator's counsel originally expressed the Secretary's position to the LCRP Executive Committee when the LCRP served the Secretary's counsel a Notice to take his deposition pursuant to the Ohio Rules of Civil

Procedure. In addition, on August 28, 2014 Relator filed a Motion for a Protective Order with this Court seeking to prevent the LCRP Executive Committee from taking his deposition, asserting various legal privileges.

Thereafter, the LCRP Executive Committee conducted additional discovery in this case and was unable to ascertain the bases of the Secretary's decision to reject LCRP's nominations for the Lucas County Board of Elections. Accordingly, on September 23, 2014, the LCRP

Executive Committee filed a Motion to Compel the deposition of the Secretary.

To date, this Court has not had an opportunity to rule on the merits of these motions.

However, on September 24, 2014 this Court granted an alternative writ in this case and ordered that all evidence should be submitted within 20 days of the date of that Entry.

By its express terms, R.C. Section 3501.07 requires the Secretary of State to appoint nominated individuals to county board of elections recommended by a major county political party, unless the Secretary determines that the individual is not competent to serve as a member.

This Court has held that this statutory responsibility is a non-delegable, personal duty of the Secretary. State, ex rel. Surramit County RePublican Party Executive Committee v. Brunner, 117

Ohio St.3d 1035, 2008-Ohio-1035.

In granting the Summit County Republican Party Executive Committee the right to take the deposition of Secretary of State, Jennifer Brunner in a legally identical case, this Court

observed regarding the decision-making process specified by R.C. Section 3105.07: "The

secretary's persoiial knowledge and thought process in arriving at [his] decision lies at the heart of this case. No one else can answer the questions the committee has a right to ask." Brunner at

1012-13, supra.

Due to the stalemate over the proposed deposition of the Secretary, the LCRP Executive

Committee respectfully requests an extension of the time periods set forth in this Court's entry of

September 24, 2014 to permit the filing of the Secretary's deposition in this action, assuming arguendo, that this Court overrules the Secretary's Motion for a Protective Order and grants the

Motion to Compel filed by the LCRP Executive Committee.

Assuming that the Court orders the Secretary to submit to a deposition, the LCRP submits that the Court should provide the parties adequate time to schedule, conduct and file the deposition. The LCRP is mindful of the Secretary's busy schedule between now and the

November, 2014. Thus, the LCRP urges the Court to consider permitting the deposition to be scheduled after the election.

Counsel for the Secretary has indicated that they will not oppose this Motion for an

Enlargement of the time periods in the current case schedule to permit this Court adequate time to rule on the competing discovery motions. For the foregoing reasons, Relator, LCRP Executive Committee respectfully urges this

Court to grant its Motion for an Enlargement of Time Period.

Respe tfully submitted,

William M. Todd (#0023061) Law Offices of Williain M. Todd, Ltd 137 East State Street Columbus, Ohio 43215 Phone No.: (614) 545-6311 Fax No.: (614) 545-6356 E-mail: wtodd a: williammtodd.com

COUNSEL FOR RELATOR LUCAS COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion for Enlargement of Time Period was served upon Counsel for Respondent, Jon Husted, Ohio Secretary of State, this Z day of October, 2014.

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William M. Todd(0023061)