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IN the SUPREME COURT of OHIO State Ex Rel., JOHN FOCKLER, Et Al., : : Relators, : : Case No. 2016-1863 V. : : Original Actio

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IN the SUPREME COURT of OHIO State Ex Rel., JOHN FOCKLER, Et Al., : : Relators, : : Case No. 2016-1863 V. : : Original Actio Supreme Court of Ohio Clerk of Court - Filed January 06, 2017 - Case No. 2016-1863 IN THE SUPREME COURT OF OHIO State ex rel., JOHN FOCKLER, et al., : : Relators, : : Case No. 2016-1863 v. : : Original Action in Mandamus JON HUSTED, OHIO SECRETARY OF STATE, : : Original Action Respondent. : Under S. Ct. Prac. R. 12.04 RESPONDENT OHIO SECRETARY OF STATE JON HUSTED’S EVIDENCE VOLUME 1 MIKE DEWINE (0009181) Ohio Attorney General Mark R. Brown (0081941) HALLI BROWNFIELD WATSON (082466) 303 East Broad Street *Counsel of Record Columbus, Ohio JORDAN S. BERMAN (0093075) Tel: 614-236-6590 | Fax: 614-236-6956 Assistant Attorneys General [email protected] Constitutional Offices Section 30 East Broad Street, 16th Floor Counsel for Relators Columbus, Ohio 43215 Tel: 614-466-2872 | Fax: 614-728-7592 [email protected] [email protected] Counsel for Respondent Ohio Secretary of State IN THE SUPREME COURT OF OHIO State ex rel., JOHN FOCKLER, et al., : : Relators, : : Case No. 2016-1863 v. : : Original Action in Mandamus JON HUSTED, OHIO SECRETARY OF STATE, : : Original Action Respondent. : Under S. Ct. Prac. R. 12.04 RESPONDENT OHIO SECRETARY OF STATE JON HUSTED’S EVIDENCE VOLUME 1 Respondent Ohio Secretary of State Jon Husted submits the following evidence in this original action. VOLUME 1 Exhibit Document 1 Affidavit of Matthew Walsh, Exhibits A-G 2 S. B. 193 3 LSC Fiscal Analysis of S.B. 193 Libertarian Party of Ohio v. Husted, Application for Stay and Emergency 4 Injunction 5 Libertarian Party of Ohio v. Husted, Husted Opposition to Application 6 Libertarian Party of Ohio v. Husted, R. 27 Appellee-Defendant Brief [Husted] VOLUME 2 Exhibit Document 7 Libertarian Party of Ohio v. Husted, R. 18 Opinion and Preliminary Injunction Libertarian Party of Ohio v. Husted, R. 47 Opinion and Order and Preliminary 8 Injunction Exhibit Document Libertarian Party of Ohio v. Husted, R. 185 Intervenor State’s Memo in 9 Opposition to Motion for Summary Judgment 10 Libertarian Party of Ohio v. Husted, R. 336 Opinion and Order 11 Libertarian Party of Ohio v. Husted, R. 369 Opinion and Order Respectfully submitted, MIKE DEWINE (0009181) Ohio Attorney General s/ Halli Brownfield Watson HALLI BROWNFIELD WATSON (082466)* *Counsel of Record JORDAN S. BERMAN (0093075) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: 614-466-2872 | Fax: 614-728-7592 [email protected] [email protected] Counsel for Respondent Ohio Secretary of State CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Respondent Ohio Secretary of State Jon Husted’s Evidence was served by regular U.S. mail, postage prepaid, on January 6, 2017 and via email, upon the following: Mark R. Brown (0081941) 303 East Broad Street Columbus, Ohio [email protected] Counsel for Relators s/ Halli Brownfield Watson HALLI BROWNFIELD WATSON (082466) Assistant Attorney General EXHIBIT 1 Exh. 1, p | 1 Exh. 1, p | 2 Exh. 1, p | 3 Exh. 1, p | 4 Directive 2013-02 Continued Ballot Access for Minor Political Parties in Ohio in 2013 Page 2 of 3 3. Any candidate seeking political party nomination at a primary election must declare under penalty of election falsification that the candidate is a member of the political party whose nomination the candidate is seeking. This declaration is made in the declaration of candidacy. 4. Any elector may seek political party nomination as a candidate of a minor political party in 2013, regardless of the elector’s prior political affiliation. R.C. 3517.013. B. Signature Number and Signers of Candidate Petitions for Minor Political Party Candidates 1. The minimum number of signatures for candidates of minor political parties seeking nomination at the primary election is one-half the minimum number of signatures required for candidates of major political parties. R.C. 3513.05. 2. When the candidacy is for election as a member of the state central committee or the county central committee of a minor political party, the minimum number of signatures is the same as it is for major parties. R.C. 3513.05. 3. Only electors who did not vote in a different political party’s primary election in the preceding two calendar years may sign a declaration of candidacy and petition for nomination or election of the Constitution Party, Green Party, Libertarian Party, or Socialist Party USA. R.C. 3513.05, R.C. 3517.015. 4. Signers of a declaration of candidacy and petition of a candidate seeking nomination or election at a primary election must declare that he or she is a member of the political party of the candidate. R.C. 3513.07. Signers of such declaration of candidacy and petitions must make their declaration of party membership in good faith and may not sign declaration of candidacy and petitions of candidates of different political parties for the same primary election. C. Circulators of Minor Political Party Candidate Petitions 1. The circulator of a candidate’s petition does not have to be an Ohio resident or Ohio elector under the ruling of the U.S. Court of Appeals for the Sixth Circuit in Nader v. Blackwell, 545 F.3d 459 (2008). 2. Each circulator of a declaration of candidacy and petition must, however, be a member of the political party named in the declaration of candidacy. A board of elections determines a circulator’s political party affiliation as follows: a. Non-elector of Ohio: If the circulator is not an Ohio elector, the board of elections should accept as true the claim of political party membership that is included in the circulator’s statement, unless the Board has knowledge to the contrary. Walsh Affidavit, Exh. A Directive 2013-02 Continued Ballot Access for Minor Political Parties in Ohio in 2013 Page 3 of 3 b. Ohio elector: An Ohio elector who circulates another person’s declaration of candidacy and petition for the nomination or election of the Constitution Party, Green Party, Libertarian Party, or Socialist USA Party must satisfy the party affiliation standard set forth in seventh paragraph of R.C. 3513.05. The circulator must have either voted in only that party’s primary in the prior two calendar years, or did not vote in any other party’s primary election in the preceding two calendar years. As with all candidate petitions for partisan office, the board of elections should examine the circulator’s Ohio voting history. If the Board determines that the circulator voted in another political party’s primary election during the prior two calendar years, the Board must invalidate all part-petitions circulated by the circulator for the candidate named in the petition. 3. Candidates may circulate their own declarations of candidacy without regard to how they may have voted in the prior two calendar years. R.C. 3513.05 (tenth paragraph), R.C. 3513.191(C)(4), and R.C. 3517.013. D. Protests A protest may be filed against a candidate for political party nomination or election at a primary election on or before the 74th day before the primary election by only (1) an elector who is a member of the same political party as the candidate and who is eligible to vote at the primary election for the candidate; or (2) the controlling committee of the political party named in the candidate’s declaration of candidacy. R.C. 3513.05. E. Holding of a Primary Election for One or More Minor Political Parties Separate primary election ballots shall be provided by the board of elector for each political party having candidates for nomination or election in a primary election. R.C. 3513.13. If you have any questions regarding this Directive or its implementation, please contact the Secretary of State’s elections counsel assigned to your county at (614) 466-2585. Sincerely, Jon Husted Walsh Affidavit, Exh. A Walsh Affidavit, Exh. B Walsh Affidavit, Exh. B Walsh Affidavit, Exh. C Walsh Affidavit, Exh. C Walsh Affidavit, Exh. C Walsh Affidavit, Exh. C Walsh Affidavit, Exh. C Walsh Affidavit, Exh. C INDEPENDENTS – EARL/JOHNSON “PLACEHOLDER” SWAP CONTENTS: Page 1 How is Ohio law unclear on the ability to replace one independent presidential candidate with another? Page 2 TIMELINE: Past Opportunities for forming a Minor Political Party in Ohio Page 4 Why does Secretary Husted have the authority to allow Charlie Earl and Gary Johnson to switch places on the ballot, given the lack of clarity in Ohio law? Walsh Affidavit, Exh. D How is Ohio law unclear on the ability to replace one independent presidential candidate with another? Section 3513.31 (F) of the Ohio Revised Code contemplates the “committee of five” designated to represent a person nominated by petition as an independent candidate to fill a “vacancy in the nomination in the event of a timely withdrawal” (by the 86th day before the General Election – August 15th in the case of the 2016 election calendar). The way the election calendar is structured by the Ohio Revised Code may suggest the statute was not intended for Presidential Candidates. Filing Deadline 2016 Calendar Date Description Day before the Primary March 14, 2016 Filing deadline for all independent Election candidates for the General Election (R.C. 3513.257) ballot (except Presidential Candidates). 90th day before the August 10, 2016 Filing deadline for all independent General Election Presidential Candidates for the (R.C. 3505.10) General Election. 86th day before the August 15, 2016 Political party or independent General Election candidate nominating committees (R.C. 3513.31) must certify name of person to fill a vacancy on the November 8th General Election Ballot caused by withdrawal or disqualification of candidate by 4:00 p.m.
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