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IN the SUPREME COURT of OHIO the STATE of OHIO Ex Rel

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IN the SUPREME COURT of OHIO the STATE of OHIO Ex Rel IN THE SUPREME COURT OF OHIO THE STATE OF OHIO ex rel., LUCAS COUNTY REPUBLICAN PARTY EXECUTIVE COMMITTEE CASE NUMBER 2014-1123 RELATOR, Original Action in Mandamus es. JON M. HUSTED, OHIO SECRETARY OF STATE RESPONDENT. EVIDENCE - Volume III DEPOSITION OF JON M. HUSTED WILLIAM M. TODD (#0023061) MICHAEL DEWINE ( 0009181) Law Offices of William M. Todd, Ltd Ohio 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 ,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 Fax: 614-728-7592 y's^?;z ,'^•; -^%;2 :1. Counsel for Relator Ohio Secretary of State Jon Husted ^%/^ iiwi ^-r^ :.i s.S;^°z.: ^s^'%r^• i;s^i., ..z../',i ''.^:/:i^i:^^^i: i.,j%^':G%4.% '.,i^^ %% ^410 IN THE SUPREME COURT OF OHIO State of Ohio, ex rel. Lucas County Republican Party, Relator, VS. ; Case No. 14-1123 Jon M. Husted, Ohio Secretary of State, Defendant. VIDEOTAPED L1.E.P€J SITIC3N OF JON M. HUSTED Taken at Law Offices of William M. Todd, Ltd. 137 East State Street Colum.bus, OH 43215 November 7, 2014, 10:04 a.m. Spectrum Reporting LLC 333 Stewart Avenue, Columbus, Ohio 43206 614-444-1000 or 800-635-9071 wv,rw. spectrugxareportincg. com Realtime -- Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC 2 A :p P E A R A N C E S ON BEHALF OF PLAINTIFF: Law Offices of William M. Todd, Ltd. 4 137 East State Street Columbus, OH 43215 C By William M. Todd, Esq- E ON BEHALF OF OE F ENDAN'1' 7 At-L-osrney Oereral' s Oi'-fice, 8 Corxst.itutional. Offices Section 30 East Broad Street, 16th Fl. 9 Columbus, OH 432:-5 By Ryan L. Richardson, Esq. 10 Tiffany L. Carwile, Esq. Jordan S. Burman, Esq. 11 12 ON BEHALF OF DEFENDANT: 13 Secretary c>4F State's Office 180 East Ercaa.cl. Street, 15Lh Floor 14 Columbus, OH 43215 By Ntat^ `^yalsh, Esa. 15 David. W. Bowling, Esq. u -e+el Fleeman, Esq. 16 17 ALSO PRESENi : 18 Samuel Mattern -- Videographer :^9 ion Stainbrook Meghan Ga. l l^ghe r 20 Kel" y Bensman Benjamin Rcakaer^.s 21 22 23 24 Realtime -- Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC ] Friday Morning Sessiors. ^ November 7, 2014, 10:04 a.m. 4 S T I P L: L, A T ^ 0 N S It is stipulated by oounsel. in attendance that 7 the depositiori of Jon M. Husted, the Deferrdanit 8 herein, ca1led. by the Pla.intif.r" for 9 cross-oxaniinat.ion., may be t.akeri at this time by 10 the notary pursuan'^^ to notice an.d subsequent 11 agreer;ao:x-zt raf` counsel, that said deposition. may be 12 reduced to writing :iri stenotypy by the rrota:r-y, 13 ^laose notes may thereafter be transcx-iloed out of 14 the presence of the witness; that. proof of t:li.e 15 o:F f.i cz u,. l s:. ha ra o t o:r and g.ua1 ifi. o a t4on. of t h e not a; y 16 is waived. 17 18 19 20 23. 22 23 24 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC ^- 1 iV D E X Examination By Page Mr. Todd - Cross 5 Relator ° s Exhibits Page Exhibit A Personal Service Contract, Ruvox.o 23 Exhibit E3 Pei-sonail Service Contract, 25 Carpenter, Lipps Leland ^ Exhibit C Personal Se.r-vi-ce Contract, 3 8 Ey-unner Quinn 0 J Exhibit D Request For S}s^ci-al Counsel 41 1-0 Assignment ^l Exhibit E Letter ^roni Husted, 4--7-14 42 12 Exhibit F - Letter from Husted, 5--20-_14 S4 13 Exh-i-bit G Hearing ^^f iceif- ° s 59 Report & FZecom.menda-Lions 14 Exhibit I-I Letter fraTn Stainbrook, 6---18--14 81 1s Exhibi.t i" - Letter from Husted, 6--24 - x.4 99 16 Exhibit J 3Sfl1.07 101 17 Exhibit K K-8 - Blade articles 133 18 Exhibit L Blade article Elections 169 19 Director resign post 20 Exhibit M - Regional Liaisons Maps 187 21 Exhibit N -- Blade article Lucas County 196 Democratic Party experience 22 another family feud 23 (Original exhibits returned to Mr. Todd.) 24 Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC s THE VIDEOGRAPHER: We are on the record t at 10:04. Would counsel please announce their presence for the record. 4 MR. TODD: Would you please swear the c witness . 6 7 JON M. HUSTEL? 8 being first duly swor-n, testifies arid says as 9 foilowss 10 CRC3S S---EXAMINATION 11 BY MR. TODD: 12 Q. Secretary, good morning. My name is 13 Ei1^. Todd and I°m here as -- as counsel for thc, 14 Lucas County Republican Party in connection with a 15 lawsuit that' s been brought agra.inst you in your 16 official ca-oacity as the Secretary of the State of 17 Ohio. I assume you've heen, in depositions before 18 and you know how this process works. 19 Well, one thing that they haven' t told 20 you, then, is you have to answer orally because 21. ultimately the sec --- the ---- the poor court 22 reporter here won' t be able to interpret head 23 nods. 24 A. I dicin' t know that was a question. Realtime -- Videoconferencing - Trial Presentation -- Video Spectrum Reporting LLC 6 1 But, yes, _[. do. 2 Q- Dkay _ Grca.t. 3 Let' s talk a 1itt.lc, bit about your 4 background. Why don ° t we start with your 5 undergraduate education _ 6 A. I -- I was a student who graduated from 7 the Univarsity of Dayton. 8 Q. And in what year were you graduated? 9 A. 1989. 10 Q. After graduation from the University of 11 Dayton, what did you do? 12 A. I went to graduate school and coached 13 f oothal. A. 14 Q. Where did you attend graduate school? 15 A. University of Dayton. 16 Q. Did you receive a degree? 17 A. I did. 18 Q. Okay. And what was that degree in? 19 A. Communication. 20 Q. Okay. And in what year were you 21 graduated from the -- the graduate school? 22 A. I believe 1992. 23 Q. Okay. After receiving your degree 24 assume it was a master" s degree? ----------------- --------------- - Realtime - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC A . It was. Q What did you do? A. I worked hr-ief7--y for a congressional campaign and then for a public relations firm and E then for the Montgomery County Commissioners. E Q. Did you work at any time for the t Chamber of Commerce in Montgomery county? 8 A. :E: l a ter d id , yes. 9 Q. Okay. So after you left uhe county 10 commissioners, what did you do? 11 A. I went to wcark at the Daytcan. Area 12 Chainkaer o.f_. CcaExmierce. 13 Q. Ah, okay. So :l: got to -L-he next gar ^ of 14 your resurn.e. 15 And after workinQ at the Chamber of 16 Commerce, what did you do? 17 A. :1: theii was elected to the legislature 18 where I sey-ved a distr -c:.t in Mcsntgortiery County 19 which is near -- -- which is the county that Dayton 20 is in. 21 Q_ Okay. And I believe you served four 22 te-ms from that district? 23 A. ^ served four terms in the House of 24 Representatives. During that tenure, I served Realtime -- Videoconferer_c4ng - Trial Presentation - VLdao Spectrum Reporting LLC rs four years as speaker of the hoiise. Q. Uh-huh. A. And t hen was el ^ ct-ed to the E;+h 40 Senate in which I served two terms or I two ^ears6 half a term. And then was elected Sec^^etax~y of E State. ,t Q. And you were just elected to your 8 second 'term as Secretary of State this week? 9 A. I wa s . 10 Q. And congratulations. 11 A. Thank you. 12 Q. i think everyone in this room is very 13 pleased with that. 14 A. Thank you. I s Q. Let's turn a little bit to your 16 involvement with the circumstances ir3. Lucas ^. 7 County. When did i-t first come to your attention 18 as Secretary of State that there were issues that 19 had arisen iz^. Lucas County regard^n.g the 20 administration of the Board of Elections? 2 i A. The administration of the Board of 22 Elections in Lucas County became an issue almost 23 4mmedia.te1.y. 24 Q. And why was that? ---- - ------------------ ------------- -- Realti.me - Videoconferencing - Trial Presentation - Video Spectrum Reporting LLC ri A. Because the Chairxn.an, ion Stainb.r_ook, ° wanted to be appointed to the Board o.f_. Elections there. Q. Chairman being Chairman of tho Lucas County Ro^1.:^bl^oan Party? ^ A. That' s correct. Q. Okay. And that ° s not unusual, is it? ^ A. No, not at a'_l. P Q. And why was that a problem then? 10 A. Well, because there were complaints 11 that he was raising about the operation of the 12 Board of El-octions. So you asked mne wliat I became _3 aware of it. 14 Q . Ah. 15 A. It was that's when Ibecamc. aware 16 Q. Okay. 17 A. of it from that perspective.
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