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Jn Mbe I Ouprem:R Court of Ebio 46 Case No. Jn mbe I Ouprem:r Court of ebio 46 STATE EX REL. OHIOANS FOR FAIR DISTRICTS, et al., Rela tors, V. JON HUSTED, OHIO SECRETARY OF STATE, Respondent. Original Action in Mandam us AFFIDAVIT OF RELATOR CHRIS REDFERN Donald J. McTigue (0022849) Mark A. McGinnis (0076275) J. Corey Colombo (0072398) McTzGUE & McGzNNis LLC 550 East Walnut Street Columbus, Ohio 43215 Tel: (614) 263-7000 Fax: (614) 263-7078 [email protected] [email protected] ccolombo@electionlawQroup. com Counsel for Relators Vlbl&K VP ^OURI SUPREME COURT OF OHIO 1 Franklin County /ss State of Ohio I, Chris Redfern, having been duly sworn and cautioned according to law, hereby state that I am over the age of eighteen years and am competent to testify as to the facts set forth below based on my personal knowledge and having personally examined all records referenced herein, and further state as follows: 1. I am the Chairman of the Ohio Democratic Party, and a Relator in this action. 2. I believe the right of referendum is a right guaranteed by the Ohio Constitution and is of paramount importance. 3. Relator Ohioans for Fair Districts is a ballot issue committee consisting of five individuals designated to represent the petitioners of a Referendum Petition seeking to refer certain portions of Substitute House Bill 319 ("SHB 319") of the 129th General Assembly to the voters of Ohio for their approval or rejection (;Referendum Petition"). 4. Relators Chris Redfern, Nina Turner, Kathleen Clyde, Matthew Lundy, and Rhine McLin are residents and electors of the State of Ohio. These Relators are members of Ohioans for Fair Districts and are the designated committee representing the petitioners of the Referendum Petition pursuant to Ohio Rev. Code 3519.02. 5. Respondent Jon Husted is the duly elected Ohio Secretary of State and the chief elections officer of the State of Ohio. 2 6. On September 13, 2011, House Bill 319 was introduced in the Ohio House of Representatives. [Ohio Legislative Service Commission, Status Report of Legislation, appended hereto.] 7. On September 15, 2011, the House State Government & Ethics Committee reported House Bill 319 to the House of Representatives. [Ohio Legislative Service Commission, Status Report of Legislation, appended hereto.] 8. That same day, September 15, 2011, the Ohio House of Representatives voted 56-36 to pass House Bill 319. [House Journal, September 15, 2011, Eighty-Fourth Day, pages 1296-97, appended hereto.] 9. On September 21, 2011, the Ohio Senate Committee on Government Oversight and Reform reported a substitute bill, Sub.H.B. 319, to the Ohio Senate. [Ohio Legislative Service Commission, Status Report of Legislation, appended hereto.] 10.That same day, September 21, 2011, the Ohio Senate voted 24-7 to pass Sub.H.B. 319. [Senate Journal, September 21, 2011, Ninety-Fifth Day, page 1616, appended hereto.] 11.That same day, September 21, 2011, the Ohio House of Representatives voted 60-35 to concur in Sub.H.B. 319 aspassed by the Senate. [House Journal, September 21, 2011, Eighty-Sixth Day, page 1316, appended hereto.] 3 12.On September 26, 2011, Governor John Kasich signed Sub.H.B. 319 ("SHB 319") into law. [Certified Copy Sub.H.B. 319, An Act, as filed with Secretary of State Jon Husted, appended hereto.] 13.That same day, September 26, 2011, Governor John Kasich filed SHB 319 with Ohio Secretary of State Jon Husted, who inserted the effective date of "09/26/2011" below his signature on the legislation. [Certified Copy Sub.H.B. 319, An Act, as filed with Secretary of State Jon Husted, appended hereto.] 14.SHB 319 repeals and replaces Ohio Rev. Code 3521.01, setting forth the apportionment of the State of Ohio into sixteen (16) congressional districts. 15. SHB 319 was not passed as an emergency. 16. Relators Redfern, Turner, Clyde, Lundy, and McLin desire to exercise their constitutional right of referendum on the amendments to Ohio's permanent law, Ohio Rev. Code 3521.01, reapportioning Ohio's congressional districts and to submit such amendments to the voters of Ohio for their approval or rejection. [Exemplar Referendum Petition, appended hereto.] 17. In furtherance of that end, Relators have formed a ballot issue committee, Ohiaans for Fair Districts, to collect signatures for the Referendum Petition, as well as to raise and spend funds for the referendum effort. Relators have started the process of collecting 4 signatures on a statutorily-imposed "summary" petition, which must be submitted to and approved by the Secretary of State and Attorney General before Relators may begin collecting signatures for the Referendum Petition. [See, Ohio Rev. Code 3519.01(B).] [Ohioans for Fair Districts, Designation of Treasurer as filed with Secretary of State, appended hereto.] 18. Relators have no adequate remedy at law and relief cannot otherwise be obtained except through this Complaint for a Writ of Mandamus. 19. 1 have read the Complaint filed in this action and state that matters as alleged therein are true. FURTHER AFFIANT SAYETH NAUGHT Sworn to and subscribed before me this MAFtK pLAN MoGINNIS at Law-^ ^ComisoW ^6i NoTStphadal Sectlon 147:03 5 http: //lsc.state. oh.us/coderev/hou129.nsf/House+Bill+Number/0319 Y... Status Report of Legislation 129th General Assembly - House Bills HB 319 Primary Sponsor(s): Huffman Subject: Congressional redistricting-2010 decennial census Abbreviations used in the Status Report *-Note A - Amended P - Postponed S - Substitute F - Failed to Pass R - Rereferred V - Vetoed ---------- _._. , Senate Action by Chamber House 09/19/11 Introduced 09/13/11 Government Oversight & Reform Committee Assigned State Government & Elections 09/21/11 Committee Report 09/15/11 S 09/21/11 Passed 3rd 09/15/11 Consideration Further Action To Conference Committee Concurrence 09/21/11 Sent to Governor End of 10-day period Governor's Action Effective Date Notes 9/28/2011 2:04 PM 1 of 1 1296 HOUSE JOURNAL, THURSDAY, SEPTEMBER 15, 2011 Representative Fedor moved that H. B. No. 319-Representative Huffman, et al., be rereferred to the committee on State Government and Elections. The question being, "Shall the motion to rerefer be agreed to?" The yeas and nays were taken and resulted - yeas 34, nays 58, as follows: Those who voted in the affirmative were: Representatives Antonio Ashford Barnes Budisli Carney Celeste Clyde DeGeeter Gentile Driehaus Fedor Foley Gerberry Goyal Hagan, R. Letson Lundy Milkovich Murray O'Brien Okey Patmon Phillips Pillich Ramos Reece Slesnick Stinziano Sykes Szollosi Weddington Williams Yuko-3 4 . Winburn Those who voted in the negative were: Representatives Anielski Adams J. Adanis R. Amstutz Beck Blair Blessing Baker Buchy Boose Brenner Bubp Carey Combs Conditt Butler Duffey Damschroder Derickson Dovilla Gonzales Grossman Hackett Gardner Henne Hagan, C. Hall Hayes Hottinger Huffman Hill Hollington Kozlowski Landis Maag Johnson McKenney Martin McClain McGregor Pelanda Peterson Roegner Newbold Sears Rosenberger Ruhl Schuring Stautberg Stebelton Slaby Sprague Thompson Uecker Wachtmann Terhar Batchelder-58. Young The motion was not agreed to. The question recurring, "Shall the bill pass?" The yeas and nays were taken and resulted - yeas 56, nays 36, as follows: Those who voted in the affirmative were: Representatives Adams R. Amstutz Anielski Adams J. Blair Baker Barnes Beck Bubp Blessing Boose Brenner Carey Combs Buchy Butler Derickson Dovilla Duffey Conditt Hagan. C . Gardrrer Gonzales Grossman Henne Hill Hall Hayes Hottinger Huffman Johnson Hollington McClain Landis Maag Kozlowski Pelanda McKenney Newbold Patmon Rosenberger Ruhl Peterson Roegner Sprague Stautberg Sears Slaby HOUSEJOURNAL, THURSDAY, SEPTEMBER 15, 2011 1297 Stebelton Terhar Thornpson Uecker Wachtmann Williams Young Batchelder-56. Those who voted in the negative were: Representatives Antonio Ashford Budish Carney Celeste Clyde Damschroder DeGeeter Driehaus Fedor Foley Gentile Gerberry Goyal Hackett Hagan, R. Letson Lundy Martin McGregor Milkovich Murray O'Brien Okey Phillips Pillich Ramos Reece Schuring Slesnick Sfinziano Sykes Szollosi Weddirigton Winburn Yuko-36. The bill passed. Representative Huffman moved to amend the title as follows: Add the names: "Amstutz, Anielski, Blair, Blessing, Buchy, Combs, Grossman, Roegner, Slaby, Stautberg, Terhar, Batchelder." The motion was agreed to and the title so amended. The title as amended was agreed to. On motion of Representative Blessing, the House adjourned until Tuesday, September 20, 2011 at 11:00 o'clock a.m. Attest: LAURA P. CLEMENS, Clerk. 1616 SENATE JOURNAL, WEDNESDAY, SEPTEMBER 21, 2011 Patton Schaffer Seitz Wagoner Widener Niehaus-22. Those who voted in the negative were: Senators Brown Kezrncy Sawyer Schiavoni Skindell Smith Tavares Turner Wilson-9. The amendment was laid on the table. The question recurred, "Shall the bill, Sub. H. B. No. 319, pass?" The yeas and nays were taken and resulted - yeas 24, nays 7, as follows: Those who voted in the affirmative were: Senators Bacon Balderson Beagle Burke Coley Daniels Faber Hite Hughes Jones Jordan LaRose Lehner Manning Obhof Oelstager Patton Schaffer Seitz Smith Tavares Wagoner Widener Niehaus-24. Sen,3tors Brown, Kearney, Sawyer, Schiavoni, Skindell, Tumer, and Wilson voted in the negative-7. So the bill passed. The question being, "Shall the title be agreed to?" Senator Faber moved to amend the title as follows: Add the names: "Coley, Faber, Niehaus." The question being, "Shall the motion be agreed to?" The motion was agreed to and the title so amended. MOTIONS Senator Jones moved that Senators absent the week of Sunday, September 18, 2011, be excused, so long as a written explanation is on file with the Clerk pursuant to Senate Rule No. 17. The question being, "Shall the motion be agreed to?" The motion was agreed to. INTRODUCTION AND FIRST CONSIDERATION OF BILLS The following bills were introduced and considered the first time: S. B. No. 228-Senator Burke. Cosponsors: Senators Lehner, Schiavoni, Tavares, Schaffer. 1316 HOUSE JOURNAL, WEDNESDAY, SEPTEMBER 21, 2011 Szollosi, Uecker, Wachtmann, Williams, Winburn, Young, Batchelder." The motion was agreed to and the title so amended.
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