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.