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Seq 28 2009 Clerk of Court Supreme Court of Ohio IN THE SUPREME COURT OF OHIO State ex rel. Jon A. Husted, Relator, Case No. 09-1707 V. Original Action in Mandamus Expedited Election Matter Jennifer L. Brunner, et al., Respondents. RELATOR'S EVIDENCE Maria J. Armstrong (0038973) Richard Cordray (0038034) Counsel ofRecord Ohio Attorney General Anne Marie Sferra (0030855) Richard C. Coglianese (0066830) Jennifer A. Flint (0059587) Assistant Attorney General BRICKER & ECKLER LLP Counsel ofRecord 100 South Third Street Damian Sikora (0075224) Columbus, Ohio 43215 Erick D. Gale (0075723) Telephone: (614) 227-2300 30 East Broad Street, 16th Floor Facsimile: (614) 227-2390 Columbus, Ohio 43215-2400 E-mail: [email protected] Telephone: (614) 466-2872 E-mail: [email protected] Facsimile: (614) 728-7592 E-mail: [email protected] E-mail: rcoalianeseaag.state.oh.us Counselfor Relator Counsel for Respondent, Jennifer L. Brunner, Ohio Secretary of State Victor T. Whisman Assistant Montgomery County Prosecuting Attomey 301 West Third Street, 5th Floor Dayton, OH 45422 E-mail: whismanvt a,mcohio.org F 0^LS IL'/ Counsel for Respondent, Montgomery County Board of SEQ 28 2009 Elections CLERK OF COURT SUPREME COURT OF OHIO 3337849v1 INDEX TO RELATOR'S EVIDENCE AFF 1: AFFIDAVIT OF MARIA ARMSTRONG Exhibit A: March 11, 2009 letter to Secretary from Montgomery County Board of Elections and attached: 1. Transcript of testimony from January 7, 2009 Board meeting. 2. Memorandum in Support of Dismissal submitted to Board on February 19, 2009. 3. Transcript of opinion from Board counsel during February 25, 2009 Board meeting. 4. Position papers of Board members. Exhibit B: June 8, 2009 letter to Board from Brunner. Exhibit C: July 14, 2009 letter to Secretary from Board and attached: 1. Partial transcript of June 29, 2009 Board meeting. 2. Copies of documents from Regine Elliott; Jim and Marybeth Rutledge; and Progress Ohio.org. 3. Documents presented at June 29, 2009 Board meeting by Board Member Gantt and Board Member Lieberman. 4. Position papers of Board members. Exhibit D: Directive 2008-79. Exhibit E: April 7, 2009 letter from Secretary to Board regarding tie vote. Exhibit F: April 8, 20091etter from Secretary to Relator regarding tie vote. Exhibit G: April 17, 20091etter from Relator to Board providing requested information. Exhibit H: September 21, 2009 tie-breaking decision by Secretary. Exhibit 1: July 6, 20091etter to Secretary from Relator regarding tie vote. AFF 2: AFFIDAVIT OF MEGHAN BRECKENRIDGE VALENTINE Exhibit J: October 10, 2008 Assistant General Counsel Brian Shinn's e-mail regarding the Secretary's procedure for tie votes. Exhibit K October 28, 2008 letter from Secretary to Morgan County Board of Elections regarding tie vote relating to Richard D. Welch is an elector of Morgan County. 3337849v1 Exhibit L: Transcript of Morgan County Board of Elections, September 2, 2008 AFF 3: AFFIDAVIT OF JON A. HUSTED. aria). Armstr6ag.(0038973) el of Record Anne Marie Sferra (0030855) Jennifer A. Flint (0059587) BRICKER & ECKLER LLP 100 South Third Street Columbus, Ohio 43215 Telephone: (614) 227-2300 Facsimile: (614) 227-2390 E-mail: [email protected] E-mail: asferract)bricker.com E-mail: jflint,^abricker.com Counselfor Relator 3337849v1 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Relator's Evidence was sent to the following, via electronic mail, this 280' day of September, 2009 upon the following: Richard N. Coglianese Victor T. Whisman Assistant Attorney General Asst. Montgomery Cty. Prosecuting Attorney Constitutional Offices Section 301 West Third Street, 5th Floor 30 E. Broad Street, 16`h Floor Dayton, OH 45422 Coluinbus, OH 43215 E-mail: whismanvtgmcohio.org E-mail: richard.co [email protected] Counsel for Respondent, Montgomery County Counselfor Respondent, Jennifer L. Brunner, Board of Elections Ohio Secretary ofState 3337849v1 IN THE SUPREME COURT OF OHIO State ex rel. Jon A. Husted Relator, . Case No. 09-1707 v. Original Action in Mandamus Expedited Election Matter Jennifer L. Brunner, et al. Respondents. AFFIDAVIT OF MARIA J. ARMSTRONG STATE OF OHIO ss: County of Franklin Now comes Maria J. Armstrong being first duly cautioned and sworn, and states the following: 1. I am an attomey with the law firm of Bricker & Eckler LLP, counsel for Jon A. Husted, the Relator, in this action. 2. I have knowledge of the matters stated in this Affidavit and am competent to testify on the matters set forth herein. 3. The following documents included as Exhibits for this matter are a true and accurate representation of public records requested and received from the Montgomery County Board of Elections: Exhibit A: March 11, 20091etter to Secretary from Montgomery County Board of Elections, and the attached documents submitted to the Secretary: 1. Transcript of testimony from January 7, 2009 Board meeting. 2. Memorandum in Support of Dismissal submitted to Board on February 19, 2009. 3337918vt 3. Transcript of opinion from Board counsel during February 25, 2009 Board meeting. 4. Position papers of Board members. Exhibit C: July 14, 20091etter to Secretary from Board, and the following documents: 1. Partial transcript of June 29, 2009 Board meeting. 2. Copies of documents from Regine Elliott; Jim and Marybeth Rutledge; and Progress Ohio.org. 3. Documents presented at June 29, 2009 Board meeting by Board Member Gantt and Board Member Liebennan. 4. Position papers of Board members. 4. The following documents included as Exhibits for this matter are a true and accurate representation of public records and correspondence received from the Ohio Secretary of State: Exhibit B: June 8, 20091etter to Board from Brunner. Exhibit D: Ohio Secretary of State Directive 2008-79. Exhibit E: Apri17, 20091etter from Secretary to Board regarding tie vote. Exhibit F: April 8, 20091etter from Secretary to Relator regarding tie vote. Exhibit H: September 21, 2009 tie-breaking decision by Secretary. 5. The following documents included as Exhibits for this matter are true and accurate copies of letters sent from the Relator to the Secretary. Exhibit I: April 17, 20091etter from Jon Husted Exhibit J: July 6, 20091etter from Jon Husted 2 3337918v1 FURTHER AFFIANT SAYETH NAUGHT. Sworn to before me and subscribed in my presence this Z day of September, 2009. Terd L Kovakhllc Notary Public Notary Pubk, State of Ohio My Commissiuo Expkes 124)9-2013 3339918v1 44514Vast xhirii St: BOARD l4LEMBE[tS PO: 9ox8705 Gfe$ory M Gaqtt. Gfiaicmau D aytisp, CYl I 4548l-87k15 13onaea d. Ritchie. Deunis A. Liebsrman Phnne:(4377225•5b5FS James S. Natlranson PAX: {937) 494-774$ D;ftiRC'FOR Steven.P.Flarsenan Weiistte, w^rv.v.tticlaoe,bre DEPUTY DII2ECTOit Betty J. Smith ner y o#'State t., 15" F1d4F ibas, OH 43215 L4eaY S&. o^ *e f0^0c )L'^Lt$L^^1^R ICSS^AlO.t^,,Yt-: .Ieh to04*4110tf7"l` laI17 l^jTppct 4fI3^s#TS7SSal ck^ lutlh.j'eltato2' .t^ ^SfF ^OnS1f1--^W1RIn, 0Fi ^^WWty'i9; 2t! 4. 01631fT4tq Uit"tktsiliOY3 ch Caok pJaee di OiD7ft j3j If;j!ttuzeqti{re an.y adelilionalii5fciiYrratiorl orhave epy- quesEi yeu in ndvancg for ybut uttention rt : 4ft.er: r P. F.iars. Enctosure.4 January 7, 2009 Jon Husted Residency Hearine Transcriut The Montgomery County Board of Elections met in session at 11:00 a.m. on Wednesday, January 7, 2009. The meeting was called to order by Chairman Gregory Gantt. Members in attendance were Thomas J. Ritchie, Dennis Lieberman, and James Nathanson. The following is a testimony transcript of a public hearing that was held to investigate the residency of State Senator Jon Husted. GG The main purpose of our meeting here is this issue that we've discussed a couple of times previously at our Board meeting and we have Speaker Husted, sorry Senator Husted present. What I thought we would do is if Jon could come up to the table and Vic if you could swear him since he is going to testify. VW Sure...for the purposes of the record so that we are clear about what we are doing here, this is an administrative investigatory hearing that is being conducted under authority of ORC 3501.11 (j) duties of the Board, duties with regard to investigating irregularities under the code. The Board received two requests to investigate. The first was received on October 27th from Progress Ohio. The second was received on October 28th from somebody named Regine Elliot requesting that the Board conduct an investigation into the voting residence of Senator Husted. So this is what it's all about. Senator Husted has been kind enough to appear here without subpoena, and we appreciate that. I think what we'll do is to allow you to go ahead and make an opening statement and then we'll open it up to questions by the Board. I think we'll just travel on up the table in order, if that's acceptable to everybody. Would you raise your right hand please? Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God? JH I Do. VW Would you state your name please? JH Jon Husted VW Thanks Jon. JH Thank you Mr. Chairman and members of the Board. I would like to make some opening conunents that I have prepared. I would first say thank you for the opportunity to provide these opening remarks. I believe it will be helpful in resolving the question that you've been asked to explore. As I understand from the letter you sent inviting me to appear today, that the question has to do solely with my residency and my ability to vote in Kettering. The matter of service in the Ohio Senate was resolved by the voters of the 6th District, certification of election by this Board, and the oath of office administered to me in the Ohio Senate by Chief Justice Evelyn Stratton.
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