IN THE SUPREME COUIZT OF OHIO

THE STATE OF OHIO EX REL.LUCAS COITNTY REPUBLICANPARTY EXECUTIVE COMMITTEE

V.

JENNIFi:R BRUNNER, OHIOSECRETARY OF S"I'ATE

Relator,

Respondent.

CASE NO. 2010-0435

ORIGINAL ACTION IN MANDAMUSAND PROHIBITION

RELATOR 1'HE STA1'E OF 01110 EX REL. LUCAS COUNTY REPUBLICANPARTY EXECUTIVE COMMITTEE'S

SUBMISSION OF EVIDENCE

Authony J. DeGidio (0069064)712 Farrer St.Maumec, OI143537Tel : (419) 509-1878Fax: (419) 740-2556Email: tonv,'lv^yberlav,ver.comCoun.sel for Relator

and

Scott A. Ciolek PE (0082779)Ciolek LTI)520 Madisoa Ave. Suite 820Toledo, Ohio 43604Tel: (419) 740-5935Fax: (866) 890-0419Email: scott;iz-,c y,Ia v.nroCo-Counsel for Relator

Richard Cordray (0038034)Ohio Attorney GetieralAaron D. Epstein (0063286)*Couruel of RecordRichard N. Coglianese (0066830)Pearl M. Chin (0078810)Erick D. Gale (0075723)Michacl J. Schuler (0082390)Assistant Attorneys GeneralConstitutional Offices Scction30 East Broad Street, 16th FloorColuinbus, Ohio 43215(614) 466-2872(614) 728-7592 (fax)aaron.epstein a,ohioatCorneygeiieral.govrichard.cogliainese@ohioattorneygeneral.govpearl.chin@ohioattorneygeneral.goverick.gale@oh ioattorneygeneral.govmichaelschuler@ohioattorneygeneral.govCoatnsel for RespondentOhio Secretary ofState Jennifer Bt-unner

SUBMISSION OF EVIDENCE

Pursuant to S. Ct. Prac. R. X, Section 7, Relator, The State of Ohio ex rel. Lucas CountyRepublican Party F.xecutive Committee, submits the following evidence in support of

their atguments in this case.

l;xhibit A Januaty 11, 2010 E-mail from Lucas County Republican Party ExecutiveCommittee Secretary Hans Schnapp providing copy of Board MemberAppointment, Party Bylaws, and updated Exectdive Connnittee Membersto Myra Hawkins of Ohio Secretary of State

Exhibit B January 25, 2010 Letter from Lucas County Republican Party CentralComntittee Secretary Mark Nowak to Jenniter Brunner

Exhibit C Fcbruary 4, 2010 Letter from Ohio Secretary of State Elections CounselBrandi Seskes to Lucas County Republican Party Central Committee

Secretary Mark Nowak

Exhibit D February 23, 2010 E-mail from Attorney Attthony DeGidio to Jennifer

Bruttner

Exhibit E March 1, 2010 Letter from Jennifcr Brunner to Jon Stainbrook

Exhibit F March 1, 20] 0 Certificate of Appointment for Board Metnber Benjamin

Marsh

Exhibit G February 22, 2010 Docketing Statenient and Notice of'Appeal

Exhibit H Credentials issued by Secretary of State to Lacas County Republican PartyTreasurer James Damas for electronic filing of catnpaign finance reportson behalf of the Lucas County Republican Party

f'sxhibit I Pages of Lucas County Board ofElections Elected Officials Manualretrieved from their website on March 21, 2010 that lists Jon Stainbrook asChairman of the Lucas County Republican Party

Exhibit.i December 22, 2009 E-mail from Lucas County Board ofElections toChairman Jon Stainbrook providing Board Member Appointment Forms

and Instructions

Exhibit K Copy of mailing address and December 22, 2009 postmark for lettercontaining Board Member appointinent information that was sent byLucas County Board of Elections to Chairman Jon Stainbrook

Exhibit L May 7, 2009 Letter from Ohio Republican Party to Chairman Jon

Stainbrook

F.xhibit M July 17, 2009 Letter from Ohio Republican Party to Chairman Jon

Stainbrook

Exlribit N March 1, 2010 Letter from Ohio Republican Party to Chairman Jon

Stainbrook

Exhibit 0 Printout of Ohio Republican Party Website listing Jon Stainbrook asChairman of the Lucas County Republican Party that was retrieved on

March 22, 2010 from «vw.ohiogop.org

Exhibit P June 3, 2009 Letter from Jennifer Brunner to Lucas County RepublicanParty Executive Conunittee Sccretary Hans Schnapp that cites de facto

doctrine

Exhibit Q January 21, 2010 Letter from Ohio Secretary of State Counsel AllisonClark to Chairman Jon Stainbrook and poslmarked mailing envelope

Exhibit R February 19, 2010 Press Release froni Ohio Secretary of State

Exhibit S Meeting Minutes recorded by temporary secretary Constantine Stamos forthe June 14, 2008 Organizational Meeting of the Lucas CountyRepublican Party where Jon Stainbrook was elected Chairman

Exhibit T Affidavit of Jon Stainbrook

DATED: March , 2010 Respectfully Submitted,

Anthony J. DeGidio (0069064)712 Farrer St.Maumee, OH 43537

Tel: (419) 509-1878

Fax: 419-740-2556Email: tony@cyberlawyer.comCOUNSEL OF RECORD FORRELATOR

2

Scott A. Ciolek PE (0082779)Ciolek LTD520 Madison Ave. Suite 820Toledo, Ohio 43604Tel: (419) 740-5935Fax: (866) 890-0419Email: scott(a1)cw.law.proCO-COUNSEL FOR RELATOR

CERTIFICATE OF SERVICE

The undeisigned hereby certifies that the foregoing was duly served via regular U.S. Mail

on this 22°" day of March 2010 to:

Richard Cordray (0038034)Ohio Attorney GeueralAaron D. Epstein (0063286)

*Counsel of RecordRichard N. Coglianese (0066830)Pearl M. Chin (0078870)Erick D. Gale (0075723)Michael J. Schuler (0082390)

Anthoiry J. DeGidio (0069064)

3

- Original Message --------Subject: Republican Board Member Recommendation for Lucas County Boardof ElectionsFrom: "LCRP" <admin@fucascountygop.org>Date. Mon, .lanuary 11, 2010 12:00 amTo: mhawkins@sos.state.oh.us

Myra,Please find attached the Recommendation of Appointment of Republican BoardMember for the Lucas County Board of Elections. By majority vote, our ExecutiveCommittee made this recommendation on January 9, 2010 in accordance with LCRPbylaws. You will receive the original signed copy on Monday ]anuary 11, 2010.

I have also-.attached a copy of our byaws and Executive Committee members ifneeded.

Sincerely,Hans Schnapp,Secretary of the Executive CommitteeLucas County Republican Party10 S. SuperiorToledo, Ohio 43604419-482-0506yvw!u,luc..a^ ,pian^y9^2i1.91^1

Attached 3 Filesboe appointment stainbrook Yinal.pdf(497.1143i);I,CItI'currentbyltnus.pdf (9811413);hans exccf iling 010910.pdf (977iCI3)

Exhibit A p.1

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Exhibit A p.4

Lucas Gvtinty Board of E6ectior}srJr<rCemxnm3'n;.^mtil^i'. Suit:Se7 r Toliclu.t$iut43S04:725r1

d14.113.-tF7rli + - ^119.^1[.3i18",'(r.^st

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oear .lon'

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ourgratitkrde f[sr tha t[ur+terttlo;lai9h th;tt yuy.drd In aecrvliLn^J iC^ plus ?'rJtl _€or ch)y p^.t Novemiae^ i Gr^neratNJorkPrslT7oarUls $h^otsiaivrac^hattse +&Grkers

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anct 0ceurate el5ctsol s. 'MayGod hIPsS yauand yuu. _rergrnwrng t^ra^s f^nots

Coalidiett irt Ixcrfpiog to 17rotsat tFte vv^te ifere ira Lt,cascou6ty.

Exhibit A p.5

orELECT1QNS

CLICASCfJ tJNTY

`2ut"ch^ s.5, 1973

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Exhibit A p.6

LUCa1S COUN^Y FtEi'UELfCAN I^ARTY BYLAWS

Y=AR-t`lGLE t. tdAME

The narne of this orgr:,nization sh;:ill be the Lucas (;oonty Republican Pnmy. '4)so kMuwn q)sL6:FiP. _f

ARTICLE If.. PURPOSEThe pu',aose of ihe Lucas County Ftepritr{itiraii Party shall be to recruit, procp te )rrfj efect(liralified kepublica 5s for public office: to support arid advance ttre principles and bolici,as of fNe63epuL'rlPcan Pbrty; toflirthtir the causeof good goveromerit; and to edu'c^ate the^ eiectoraEerrbo^rtthe issues of the day.

ARTICLE llt_ STRUCTURE2"he r;ontrollinq comn}ittee of the Lucas (>ounty Republ€ctlt €?afPyr shall, be ttle County CEirrtralC;urnmrtteeEis defined by C)h3b Revised (Jode (R:L',) Ghaptor 361 h All n-iemb€is of the Coratra!F'vrn+nittooshal3 be iner16ers of the Rmpubtic?n Party fini! shall tae elected for terrm of two (2)years by dirpet vote at the prirtiary eler;tion hald in art even-ntrrribered year_ Each votingrcr;cmber of the CsfltralCotnn-tittGe shall be a 1'esident of the precinct tze is eiecteC3 or appoint: dto,snrvi,. fviernbers shall also 1vrrn an Exectitive Cnrnmittee, which shall have such powers ;asare unume.rrite.d in these bylaws.

ART#CLE fV. ORGANIZATIONAL MEETINGA. Tlic: rnerntaets-(fle?ct of tne Centrtal Committee shaf€ meet in accordance with, ttie tirrrt:

retiuiieKricnts of H,C.. Chapter 3517 tollpwing tht. declaration of the CentrErl ConirriitteeresUlts by thv Lucru; County Qot3r.d of Elections. Nofice 9f the nleeting shall be sent to eai;h,nerr krer--elect in acCurclahce with the rec:luitei7ents4f R.C. Gl3apter' 3517.

B. Members o# thl<. C)entrat Committee shall crmdut;t the following business at theCrgariiYationrsl mooting;

I. Stivaaring in of the rnernber's.2. Election of a ientpor7ry Chairrrran and S(rcretary,-both of wheni shall he ri'rembr.rs of the

Gi:rrt0k Gomriiittee.3 . Ad,pption of the:party byltxws ana rufes fUr tf e meetinca.a. Election rrfa Central Con)mittee Giitsirrnan, Vrce-Ohairman, St;e.retary arnd freasurer, all

cr{.wh,fsm sh;;ilf 0e rri©rnbers of the Central CorYrmit4ee- Tlio newly elec:ted tafficars shallimtt erliately take ciffice.

5. Eliction pf Warei rfrain-nan by precinct commltloo ii,eznibr=.ra.A Elec:tion rif a LGt3P Chairnrar.n, w.ho shiail atso serve as Glrafrman of the Execufive

iCominitfee.

ARTICLE V. POWERS & DUTIES OF THE GEfJTRAL C()(dfAt11T MEA. The Central4:ommittee shallhavF; the €ollowing powers and duties:

1. To conduct sut:h activities as perrrtittarJ r,r reqirireil t:ry !aw tr aciv tHCe ifa^ irtio,r^sts of thrrFepublrc t*r Pariy.

2. TO {ir0illtltf3, 9titipoltanrJ actively work to elcct ±^eF3Ut7{I^Qn c?fti^C^Sei^ C:iM{C3't^e; + for

office. ; •^^3. l`,v asast theLE;RP ward chainnen in campaign, organizational and fure€haisirtg activities

to proniote the cause c,f the Fieutrblican Party in Lucas C:ounty. "'

Pttqe I ol ti

Exhibit A p.7

S. ht the event oi Central a;ommittee vacancies caused by cJeath, re:;ignF3tion, failure to eleci.or tnovinp frCim the precinct or t.listricl from whictt a eornn5itteeman was eler;ted, the CetttralCommittee mav fill tt`ra vacancy for the unexpired tertin by a mayorlty votti of the rnenabarshippresent at a rtareting of the Ceritral Corn,iiittee.

C. In the event of a ward chairman vctcancy, the Central (;t rnrniltee Chairman Shail notify ti^Zardrnembers at the vacancy within t)tteen ( ifi). days. The C,ontral Committee merr-ibers of thatward may meet for ttrP.pitrpose of ejectin4 a nrtw ward chairman. An offlc;er of the t7entral

C',ommiitee shaU preside at the m,ee,ting, hlembers shall elect a new wi+rrJ chairman t?y an;ajority vote of its members' present. Should the Central ('or;trnittrfe rnpmtier,3 tail fcn maetand eloot a new ward clrairrr>ar, within thirty (30) days ot notificaGon ot the vacancy, theCentral Cvmmittee Chairman nray appoirit a now ward tlhrtirman.

tOlvmber.s ot a wn,rd may.rernoue.. ti- ward e.'^haicrrtan by prr.;etitiny_ written petitron:-iorretnavsalto ire Centpal Co!ricnittee; Chaixrnah. Tt1e g5r:tition mrrsl contaln the :iqnature of two

thirtis (2753) of tfia ward's Contro4 C'ommittee voti}ig iTieinbers Upon r:eceit t. of ttte petiti6n,the i,haiiiiian shall call a-rt3eetins7 of the wartltrs ete st a new ward chainnan irr accordancewi4h the terr7isoutl"uaerl above-.

13. Ira the event of a vacaticy in the office of Cefitral C:ammittFe Vicc,-(;hairrnan, SecrEtary orTreL:1ecd0rr ttre Central Gornrr3itteemay Eitl the vacancy frrr the rsexpired turni by a rnajorityvote of ttie votiiicj mertrthertihip present at a meetln;;t of tite Central Comrrsittcc.

E. The CenUal Ctarriinitte:e t.%hcjirrnan shail convene a. n7F;.ctinq O:` the Central Goniiriictee aminimcrm of Liao (2) llrnes per calendar year. At least five (5) days written nofice by U.S. mailof ttip nleetirtsl slirall bCprovided to ttie mernhers. iwtenty..fiso (25) vhtirrg merri6er5 of td+o

E)sntral Corairtiittee sha[Y-ttonsYitutO a quorun.

F. Any offici3r of tl're Central GurnniitlNe arid the o6u,irmarr nt ttrci Exscutivo Committer= may herem,ovy;d by a 3na}orityvoTe'of a8voting rritmli'ers of the Cenhct3 Conrnnrtteu.

ARTICLE VI. CENTRAL COlVIfiAITVEE OFFICERS I6t1i=ETINC;SThe officers of the CerLtrzll CQrnniitteo, shall be: Chairman, Vir.et:hairrriat7, Sacreteary and

Treasurcr,

A. The (ifaairrnari shall:

t. trrc;rsicle at all ttar;etinits of the Ccntraf uommittec:.2. Pru.side at all mec,tinos of ward chairrnen.3. (;re'atc: corrtrniitees a5 1' erieerps net:ess ry.4. $e ue as: fraterint f'ai'ty Cf-rairman should thLit pissitiun. k^<.ixtr<; v,?crnrtL5. Catl zt special waYd meeting, as he deems nocessary.6. Appciint aFarty Chairrmar! Search Committer+ thrce (3) mcths prior tv the primary

>«lection in eveo t7umbereti yzars or wheira-ver a vacancy in the office of Chairmanexists.

%. Appoint aPar{faqnetitarian and additional of@cui5 as he r3r trss necessary.8. Appoint a Stztnding Byfaws Committee to penoriicaliy fr vr..w the 0 tryfziws and make

rec:onintenclrtitions for amendmeirts.

B. In the event of a Gerttral Conirnlttc°e Chairrnan vacancy Causeti by de,rath, Wsignatian orrr7ovuig frorn the i;ounty, the Vice-Chziirnttm shall Ge corr.re Chairman of the Ce'rtral

`'aaelof5

Exhibit A p.8

Cornntittee. He shall afsci assrtrne the duties of the Chatrman of the f;entra! Cotnrrtittee inthe event that theChairrnan is requrred tu act ^es Interirn Party Chairman as prpvidc^:i iriArticfe VI, Section A A. 1-ie shall preside at rnf;otrngs in the <tlasenc:e of the CentralComniitteet;hairman, and shall perform other duties as ciirected by itte Chairman.

C 7he Secretzvy shall take and ira.inscriby the rninutes of ,=tii meetitxgs, shall conduct allcoire,pond'ence oh behalf i,f the Girtamittee, shalf notify mcri'rt ers of the fime and p(ac.e ofall rireefings in accordance with the requirements ct ITG. Chapler 3517 and theao tJylaws,and sb%311 perform other Outiesasdirected by the Chairman.

D. The Tteasurar shall bo dreenaed depr,iFy 1'reasrirer of !fte. Lucas County flepubhci:rn P9rty ar3ctshall be authorized to sign can>.paign fina x:e reports rE;ituired by the Secretary uf State:

ARTICLE V!#. PARTY CYiAIRARAPJA. IV1e6itiers of the i:entr§i Committee stirrll elect ttre Luc.3 ; Lourtty Reptfblrean F'arty Ctiairtnati

at its organizational rneefirrn. The Ci7 9irnran shalt senre urltfFthaa nekt organizational meet'ing

af ttte Central Cornrnittee,

event a vacanCy itt the office of Party Cfl7irmtrn exists, the Central Committeeinan shtslt appoint a Chrtirrnan Sewi;h Committee within tt€irty (30) days of the

vae;;urcy. The Central Committee inay fill the vicancy for the urrfxpirect terrn hy n majorityvote of tf e votirrg mernberB presentatariy inoeting oYthe Central Comcnit-tc:[;.

C:. The Party Chairt;7z3r1 shall:

1, Act as Chairman ofil'ie f;Xecutive C.ommitteri.?. f'rCivicfe writteri reports of party Piii,ine:ss ana fmrincial opert-itio+ts to tlie E;teciutivn

Committee a tninin:tirn 01 four (4) fin}es per c.rilendoryear_3. f:rinvene. ameeYing ofthe fxecutive Cornmittee a mininwrn of four (4) rrnips per

calertdar year.4 Make.,avatlable rr:pr3rts, f,ifings, hank and finan ial Steiterr+ents, corrtracts and carirlidate

prolpYostoExesutive Cormnittue riier+ibers for review at the office of the L01t5.s. Have.general powc.r of supc.rvislnn, ot the zffair, anrfi husiness cf the LGR,P.6. Siqn cYteeks tirawn on LCf3P accounts.rRecomrnerici to the Exectitive (;ommlttee for approval the hiring of appropriate siaff

and/dr consultants.f3. Nominate the f:illowinc} Execcitive Gonlniittze c5fficers: Vice-Chairman, Secretary, and

Troasurer. Norrrinees must be confirnreCi by a rnajority vote of ihe Executive CommitteeIfreseTt at aaneE'ing of the Execuiive Gomrnittee.

9 Rewnarnend to tito f:xeeutivc Cnmmfttz:e qua(ittt.d Republicans to serve on the Lucas

Codnty [3oard of t-ket:ik iis.10 - Apl7oint men3bers tp the cpq7^l^itteas of thh; Executive Conimittr.Q.

ARTICLE V_ 111. THE EkEi.U'fiVE CC)MIVItT1'EEA. An Executive Committee stiall be foni7ed atfer the organizationai r7teetinq of the Central

Committee. Merr.rbershiri shall inciude_

1. All LctcaS Countv Repubiii,ttn v srcl ctrarrrnen.2. Tho elr:cteti officers of the Gentral Cornrrriticc;, plus three (3) additional officers to be

seluctedby the Cenirat Committee Chairman.;^_ The; rnerrrbers of the State Republican Centrai Cornmittee who reside in Lucas CofJnty.

Paye3of5

Exhibit A p.9

4, Th€ priasiderat or designee nf any Luc;aS CCsurlty RetruL Iic:r7n 2luxiliarY club witll t'wenty-filve (25) or tnare paid mernbors that has been reeogriized during the pre.vious Iwo (2)years by the Executive CorYxnittee as an active Re'pubtican orgariii,ltion.

S. Past t.t;RP Chairmen who reside in Lucas County.C. Arry Lucas Corrnty Reprrblis;an offtceholder elected in a<)eneral ejection who requests

appointrnf;nt by the { hrairman.7. The pi3rly Chairman rr-ay appoint anvrFgister'ed HeF>utilic,ran ro^i€ling in Lucas County to

bp an ai-larctg meniber of the Ccnnmittee, 1'he number oi the Party Charrrn3n'sSppQintees Sh?3i not r'xi eiid tht: number c.if mc=.rnE7ers; listeci in nuniUr;rs 1, 2, and 4 of t)i:s

5G'GtlOrl.6. MEtmbers whq 8erve in rnOre tharl (rrl[> (1) positiqn Shall hFAv@ or11y one vote.

t;3. iOF1=ICERS:

t, The Uir.o-Ci7airrr,zn shal( preSicfr; over rneefinyS irr tlie z)bbenro of tl:r,? F'<.IrCy Vice-Chairman and sha31 perform other clutic5 R asgiyrier9 by the PartyCha-irniar.r.

2 The SecretErry staft keep Ihe rx inutas qf all ni>;c tings and shall bti the custodian of lhetrPrmanent books and reaotcls of tt>,e_ Coxrmitte.e. excrpt tor the financ 7al recFrrds

3, "1 h? Tr.astiror shall iile all financial r+;iports requirecl by taw Thc Troa rrre:r irray ilso sign

i3 her`lcsdravyh oii LCRP accannts.

OUTIESAND PCJ4'>IERS €lt" THt FXE;Ct.1TfVE GOMNIITT(;c;

1 MGE-t'INGSlQl1ORUM: 'T'he Party Chairrrian sfia[I co:averie a meetirng of the Executive(:ori5mittee a minimum of four (4) tirriESa par cateirdar year. At tNast five (5) days writtennotiGe by U.S: mait of the maetings shall he prr>vrtsd to ihe rrjaanh;rirs. Twgniy-hve (26)rnembers of the Executivc, Comrniitee shall Oonstitute a quortim.

COiv3t+>f11TEFS:

z[. ,rjtaritfi{iLJ C{Jmnlittees of tlae ExeeUtive (;oinrnill0e shall inillurlo the fotfUwinr];

6=inanciaf Oversight, Pund RaisiriG and C>andictate Fiec•ruitn7nrit alid Assi,tarrotT. The Party Ohtrirman shall apnoini Scrcuniny Can n>ittues for ttre purpose of

screening canditiattiS who seek prtblit: office, At ieast fifty (50) perrrint c;f eiiesh

corniilittee shall kie menii:> rs of tfto C,Eritrm Coinrnitteo.c. The Party Cf"tairrr>rrn nlay also appoint sf7eci; I Onnirnittees ancl deteatiine their

dedies,

3. r^UTILS'The.Executivt: Committee shatli

a, Y{ave oversitdht of all Lc. RP opcaations.b. Agf,rnve ariy cflpitral exper.tdi±nre or contractual abllgation over five thousand doltara

($:i,00(i):: Appruve thr;>. recornmendatioiis of tho Party Chairman for hiring and reniuneratiorn ui

t-CRP staff aritl/or eon sutinnts.E,. Endnrse crlndretafeg for ofiSce-e. t3ec Onin7errd to ttre rplrcopriate appointing aathurity tl e narru;s c>i qualified

RC1Ju1JIlcflnJ#o'f1ll vacrUtcieS irl It1U£71 lJlei?toCJ 1.lfflr-fYs.t. Make and file a recornmendation with the Ohio Sec:retary of State for qualified

fleputolieans to 6ervL* on the Lucas Courity t3oarcf of Recaons.

Page 4 of 5

Exhibit A p.10

g. Fill vacancies ii1 f arty narnin ttipns c,cr asinncd try the w tfifJrawal or de,3t1t ot pe.rsonsjted as party candidates as spaufierd in f3.U §3613.131.nen7i{t^-

D. VACACfCtESlRE.MOVAL OF MEMBERS1. In tiie event ot ad0atti,reSignatiofl or rernovai(af ri memoe-r of ttt4 ExBCutive Curt7mittefa,

thePariy Chairman inay fill thevaaan.,y in accorUanc:e wiih aae terms of membership sot

lruth in Artir,le VIII, SectiglrX2. TfreE'xecutivs Connmitiee naay-tentove any rnetnbOr only ditor iarovicfirig that member

with wrStten notice of ftte removal itrteiltiriri at let3st five (5) days prior to a meeting of theCxecntive Ct7mmittue The member whnse rr-rmnval is soueJht shall ilave the oppertUnityto aeldress the niember,> of the F..xei,r_itivi; Committr:rr. The Execntivru Committee mayremove r; rnambei bya inajority vote iif ttie rneitibar; fup present at a meeting of theExt;eutive Crailnnitiee.

AR1"tCLE IX. PARLIAIVdESVTAiRY AUTHORITYThe rules earitained in the current c diti0n of .NoC o t s:Eiufes c f Order Newlv f^pvisr c1 shall govr:rrittre proceedings of the C'erttral Co+nniitt'ee and tP1e. Cxeeriliva CeminittPe wttere provisionstiaereof are not ypecificalty coveretd by.lavd- or by thcsh. Oyltriw;;.

ARTICLE X. AMENDMENTSTnese pytaws n7ay b.u anmerida;d at any tneetisig of ti-ir) t Cf iP Central Contirnitiee by a twa-thirr,ls(2/3) v0te, provided that the proposecf anaeridn9e[-rt(s) ha3s Ucon subrilitted in writing ta thememt7ers With the. WritfUrt cir}fic.eof the rneeting as-providecl byr3rticle V, Secticzii E.

Adopted tii;s t41° day of .lune; 2008_

"j2Ei,444^. .^ .,

CF_NTRf1t.. COfyit411'I-TEE CHAiRMAfV

Paye 5 of 5

Exhibit A p.11

Pi; NUi`,;L!(:A^ii3A . ° 1",

Janiary 3, 2010

Please find athaclted an updated and coiliplete list ot me115btrs cln Lu::as County Repu'aliu:=,nParty ExccuCive Cornn7tttee. All changes have been made itt accordance vvitY; (Lc,1=tP) bylaws

.vhicli are also attarhred,

Sincerely,

Haris .Schnapp, SecretaryLucas County Republican Party Excs:utive Saminittee

Luc2sCauntyF(eprrUlica,r'rar(}•105.SuPrri1rSt.7ok<ln-13604 419.4II<.0505

Exhibit A p.12

Republicart Executive Committee Officers

.COUnty.Ohfo

Namos and Adrlrossnc of tlro fatfrers of Ae flopuhlieari Cwnty Erurodiu» anrnmitteu

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CM1air

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M. ...x U;1 Pdk'..

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I kcrobY u'rUa 6muCu Lx<:pnnc.T+<inr, r.

c:Fer L:e_mrcs een:nmr4 cra=nr m n^ c+

c2y N ; luun . :BJO. ¢11iv.112

Exhibit A p.13

ftcpUbticdrr L'xoCUtlvd CarnmitteO Mernber5

Namos:md A6dressus of the Memhere of the Repuhllcan Cnunty Exue:^tl^e commntee

TarmsEnrsng S .a11 : _:..:.m.

;m+tnarn^_ar.a

a:

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T:ir;bfn'st1,.lry+.:1_ '

I nnmupY cvM-/ Ilqt Ih^ lo:

Gs^NJ F,'k,'maN

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Exhibit A p.14

. .

fiopubflcan Ecocutive OommFttso Membcrs

H+srma.aod Atl&osses of No Mcnrbc ^ oi [ho 0.epublican Caunly E.ocatlvu Ccinruiaae

TemisOndtny ?ow - ]ea rclw:ure,rr,^mrmy

rr gnra^,

1 =m'a p+n uira'n _

^Fc Hrcls.'.ml

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a 3 •r.nn.ar- ._,_,_.

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GlYaC_. N 2_flr:.mlv_._.. _

n o re ^_.on..

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.^i4 1i! âanre.:^

Vr:::na.rava-^tyn

i Ma^;. ^enttv ^M^'s m:oani

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Exhibit A p.15

en..r+'-lm nnn:0u:*_ 4rTu

Repubhcan ExecUtive Caitunittee Members

wc Connty, Ohia

eJOnSer' antl •4ddresss vf tM1O iden5bors o1 tlto ftCPnalICan Ceunty Eto<utlve Uommlttea

i418Vr:r(inq 0 -J310 _ .2LIA-u:11V1e•6Tn511n/

E4 Lare..pJ,;r•in

w> Em' e5o:.

A':

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nrt.ne AJle.e^nfrnv5 a.afmcF 5^ m, xInmtsttlRr nyn^

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I l^Cre04ce^1'I3 rl5a('n`.N `•xv.N^9 ^^ II1s=.Pt,rtr ::nJ d0

6m:rly fizesiJv'e C enn'^uteo Mosen aulie oiSrr:'f^+4u

t ..... ....

Exhibit A p.16

brsci^ V2teiH

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Repubilcan Eaocultlvrt Comniitiee Mumhcr^

wn^ Counry:Ohio

dames nnd M1Jdruxsas of fhoSloal+USrs ot thrt Repuplican Connip Eaetu.iv^^ Conn

Terms En01nU ^` clu L.

IiV

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JAn

Exhlbit A p.17

January 25, 2010

Ms. Jennifer BrunnerOhio Secretary of StateElections Division180 E. Broad St.Columbus, Ohio 43215

Dear Ms. Brunner:

The members-elect of the Lucas County Republican Party (LCRP) held an organizationat meeting onJune 14, 2008 pursuant with the statutory requirements of R.C. 3517.04. Now, over one and a half yearslater, a group of indtviduals are claiming to be an orrtanized group based on a meeting that was held onDecember 21, 2009- This meeting was not held pursuant with the requiren ents of R.C. 3517.04 and themeeting was not held by members-elect of the LGRP. This has caused thepubl'rc and the LucasCountyBoard of Elections (BOE) great confusion and is impaoting the elections process. I ani writing to requestclarification on the term "oraanized arou° as it is used in R.C. 3517.05.

The last paragraph of R.C.3517.05 states as foltows,

` If more than one oraanized group claiins to be the rightful county central orexecutive comrnittee, each such group shall file a list of its officers and members asprovided in section 351796 of the Revised Code, and the board of elections with whichsuch lists are filed shall certify them to the state central committee of the partyconcerned. The state contral committee shall meet within ihirty days after receipt of suchcertification and forthwith determine and certify which committee shall be recognized asthe righfful county central or executive committee.

In State ex rel. Summit Cty. Republican Party Executive Comrni. v. Brunner ( 118 OhioSt.3d 515, 2008-Ohio-2824), the Ohio Supreme Court stated:

"In construing statutes, " 'our paramount concern is legislative intent.' " State ex rot.

Russo v. McDonnell, 110 Ohio Sf.3d 144, 2006-Ohio-3459, 852 N.E.2d 145, ¶ 37,quoting State ex rol. Musial v. N. Olmsted, 106 Ohio St.3d 459, 2005-Ohio-5521, 835N.E.2d 1243, ¶ 23. It is well established that "[i]n order to determirie this intent, we must'"read words and phrases in context according to the rules of grammar and commonusage:' "' fd., quoting State ex ret. Cincinnati Bell Tel. Co. v. Pub. Ufil. Comm., 105 OhioSt.3d 177, 2005-Ohio- 1150, 824 N.E.2d 68, ¶ 27, quoting State ex ret. Lee v, Karnos,103 Ohio St.3d 559, 2004-Ohio-5718, 817 N.E.2d 76, ¶ 23; see also R.C. 1.42. And inState v. Lowc, 112 Ohio St.3d 507, 2007-Ohio-606, 861 N.E.2d 512, ¶ 15, we affirmedthat "a court may not add words to an unambiguous statute, but must apply the statute aswritten:" Id., citing Portage Cty. Bd. of Corrtmrs, v. Akron, 109 Ohio St.3d 106, 2006-Ohio-954, 846 N.E.2d 478, ¶ 52; see also Columbus-Suburban Coach Lines, lnc. v. Pub. Utl1,

Cor m. (1969), 20 Ohio St.2d 125, 127, 49 0.0.2d 445, 254 N.E.2d 8 ("it is the duty ofthis court to give effect to the words used, not to delete words used or to insert words notused")."

R.C. 3517.05 only applies to competing organized stroaps. Provisions of the Ohio election code (R.C.3517.04), other than R.C. 3517.05, discuss the laws related to "orpanizin4" a county central committee.This is significant, because the legislature intcr,ded to include the terrn "orqaaized group" instead of anunambiguous term " rg oup" in R.C. 3517.05. Also, in ttie United States Court of Appeals for the SixthCircuit opinion attached to SOS Directivo No. 2007-5, the court states:

....typically "identical words used in differerit parts of the same act are intended to havethe same meaning-" OfficeMax, Inc. v. United States, 428 F.3d 583, 591 (6th Gir. 2005)(quoting Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 570, 115 S. Ct. 1061, 131 L, Ed. 2d

Exhibit B p.1

1(1995)). See also Lewis v. Philip Morris, Inc., 355 F.3d 515, 536 (6th Cir.) (Moore, J.,for the court, joined in pertinent part by Katz, U.S.D.J.) (referring to "(tjhe usualpresumption that 'the same words used twice in the same act have thc same meaning"')(quoting 2A NORMAN J. SINGER, SUTHERLAND ON STATUTES AND STATUTORYCONSTRUCTION, § 46.06, at 193 (6th ed. 2000)), cert. denied, 543 U.S. 821, 125 S. Ct.61, 160 L. Ed. 2d 31 (2004); Lake Cumberland Trust, Inc, v. EPA, 954 F.2d 1218, 1222(6th Cir. 1994) ("We must presume that words used more than once in the same statutehave the same meaning.") (citation omitted).

Therefore, the term organized aroup as used in R.C. 3517.05 refers to a group comprised only ofrnembers elect who are elected by voters in a primary election and the group shall organize during the

mandated orqanizationat meetinp held pursuant to the requirements of R.C. 3517.04.

R.C. 3517.04 states:

....in the case of a camty central committee, the meeting shall be held not earlier thansix nor later than fifteeri days following the declaration of the results by the board ofolections of tho efec6on of members of county central committees in that county. Noticeof any meeting held pursuant to this section, giving the place and time, shall be sent toeach member-elect by the retiring secretary of the committee by mail and a copy of thenotice shall be posted in the office of the secretary of state or board of elections, as thecase may be, at least five days prior to any such meeting. The meeting shall be called toorder by the retiring chairman or secretary or if there is no such officer, or if such officer isabsent, then by a member of such committee designated by the secretary of state in thecase of the state committees, and by a member of the board of elections of the samepolitical party, designated by the board, in the case of county committees. A temporarychairrnan and secretary shall be chosen and the committee shall proceed to organize bythe election of a chairman, vice-chairman, treasurer, secretary, and such other officers asthe rules provide.

Your office must agree with this interpretation because SOS Directive 2008-41 requires that a list ofmenibers be submitted to your office and the BOE on forms that you prescribe. The forms include astatement that the members of the committee were chosen at an organizationat meeting and themembers are elected for a two year torm. The forms do not allow for a group to organize for a 6 monthterm as would be the case if the alleged "o]rc anized groug" that supposedly formed ort December 21,2009 is allowed to continue their claims.

The provisions of R.C. 3517.05 have been interpreted by the First District Courf of Appeals (1991 WL355201 (Ohio App. 1 Dist.)) in a dispute between two orqanized groups of the Hamilton CountyRepublican Party. The Court stated that in order for the requirements of 3517.05 to apply, a group mustbe an oraanized qroup comprised of inembers elected by voters of the same party affiliation in a primaryelection in compliance with applicable State Laws and the LCRP bylaws.

The First District Court of Appeals stated:

...R.C. 3517.05 provides for the resolution of intra-party disputes as to the rightfulleadership in the following manner: If more than one orcaanized group claims to be therightful county central or execufive conirnittee, each such group shall file a list of itsofficers and menibers as provided in section 3517.06 of the Revised Code, and the boardof elections with which such lists are fiied shall certify them to the state central committeeof the party concerned. The state central oommittee shall meet within thirty days afterreceipt of such certification and forthwith determine and certify which committee shail berecognized as the rightful county central or executive committee.

The First District Court of Appeals emphasized that:

2Exhibit B p_2

...Central to the resolution of this dispute is whether either party validly held anorganizational meeting in a timely manner. R,C. 3517.04 sets out the tinie frame withinwhich a central committee organizational meetina is required to be held as fallows: ... inthe case of a county central committee, the meeting shall be hold not earlier than 6 norlater than 15 days following the declaration of the results by the Board of Elections of theelection of rnembers of county central committees in that courity. (Emphasis ours.)

In the situation involving the LCRP, the only rightful committee is the committees formed during theoraanizational meeting in June 2008. The alleged minority group that formed on December 21, 2009clearly did not meet the requirements for completing a timely organizational meeting_. In theaforementioned Hamilton case, the Court ruled R.C. 3517.05 would apply in determining the rightfulcommittees and officers because neither group complied with the requirements of R.C. 3517.04 in

converiing an orpanizational meeting.

The First District Court of Appeals stated:

...neither graup complied with the requirements of completing a timely oraanizationmeeting, so the case was situated for resolution under R.C. 3517.05.

The LCRP committees that orpanized in an organizational meeting held in June 2008 did comply with

R.C. 3517,04. As such, this group clearly is the rightful oreanized group. The group that claims to have

formed on December 21, 2009, over a year and a half after the mandated oraanizational meetinp,clearly did not forrn in accordance with the requirements of R.C. 3517.04 and cannot be recognized as an

orpanized groua. Although this group of individuals formed a" rg outi' on December 21, 2009, they are

not an organized group as defined by Ohio law that formed pursuant with the requirements of R.C.3517,04. The Deceniber 21, 2009 group has no lavfiul authority to act under R.C. 3517.05 and shouldcease interfering with the operations of the LCRP.

The First District Court of Appeals also stated:

"Moreover, we are inclined to think that a State has a compelling interest in safeguardingthe political processes involved in a pariy's choice of leadership. By prescribing how anorganizational meeting may be convened the State ensures that an insular minority willnot seize control of the County Central Committee in derogation of the majority will."

The group that allegedly formed on December 21, 2009 is a minority group of both central committeemembers-elect and individuals who were not eleeted by direct vote in a partisan primary election. If youroffice ignores this matter, you are setting a harmful precedent that would allow a minority group of peoplethat aren't even elected by a majority of the direct vote taken during a partisan primary election claim, atany time, to be the proper members of a county party.

If your office allows the 13oE to continue acknowledging them as a lawfully organized group andcontinue to act under the authority of R.C. 3517.05, it will set precedent for future groups in both parties tocause chaos and burden to the BOE and state party central committees in the future. This precedentwould allow any person to file a list of names with the BOE who would then have to certify the list andsend it to the state party central committee. The state party central committee would then have to meetto make a determination. Theoretically, this precedent would allow for a different list of members to befiled at every county BOE for both the democrat and republican county par0es every day of the year. Thiswould require the BOE to continually certify lists and the stato central committees to continually make thisdetermination during nurnerous meetings throughout the year. This would wreak havoc on the electionprocess and the political party system in Ol-io. Clearly, the legislature intended that if there is a dispute, it

only be resolved by the state central committee within 30 days of the organizational meeting heldpursuant with the requirements of R.C. 3517.04. This allows for an orderly election process and for theprevention of a minority faction of non-elected individuals to seize control of a county party.

In summary, I request your office help resolve this situation and respond to the following:

3Exhibit B p.3

1. What constitutes the meaning of the term "orttanized aroup" as used in R.C. 3517.05?

2, Can a group only become organized pursuant to the requirements of R.C. 3517.04?

3. When can a p roup hold a meeting to oraanize?

4, What qualifications must a person possess to be a participant in a meeting at which their group

proceeds to become an organized group?

Sincerely,Mark NowakSecretary, Lucas County Republican Party Central Committee

4Exhibit 8 p.4

JENNIFER BFdllPINER

(?Y{10 S1::CfaT-:'TA52Y OF S't"AY'E

MatIc Noivak

I80 easl BflwA9 S)H,!5I. leni P^a;o2

<:n^uMalu, eJnin 4821a uS.4

Tel. 1-077-767-64A6 r..X.- 1-fit4-5an-oG;J

4v+r:v5QS.5T%1(r.O/dU6. -

Lticas Cvunty Republican=L0 il'._^Jnpet'Kl4' ^t.

1'ciledo; Ohio 43604

Tliis7etter is in response tci yours of Januarv 25,2010- itx yotir letter, y,ou request, on behafthe Lue aa County Republican Pttrty. Central Committee, thftt the Secretary of State providc.

,.s' a7,A t'nr,,, (,rrmn i-zer3 trciriii` as used in Ohio Revised Code and that the

Seci etaiy of State resolt•e the dispute liet-tvecii the lwo factious af the Lucas Cotmty Republican

Yartv.

As this office lias adv-ise i pi•eviously, the Ohio Revised Code provides that the dispute betweenthe two factions of the tatcns Couuty Republican ParEy is to be resolved by thc. rt:ate cetitralconnnittee: The Ohio Secreiaiy of State does not. havethe atathoirity to decide, which groupcontrol5 the Lucas CoutrtyRepubhcait Party, R.C. §3517•05 statcs as follows:

[i]f ntore.i'han one otganized group claims to be the rightful countyceittral or executive conimittee, eaclt such group sitall file :i Iist ofits officers and anembers as prov-idcd in sect4on 3517.q6 of theRe.v-iseAi Code, and thehoard of ele.c.tions wiCh which sLich lists arefiled shall cettifv tlicr7t to the state cetitral committee of thepartyc.oitcerneul. The statecentral comniittee slirall meet witiiin thiitydays after receipt of such certification and fm•thcvith deterrnineand cerriiy° wltich cotntiaittee shall be recognized as the, rightfitlcounty central or execcutivecornnnittee.

The statuteclearly places a duty on the state ccntrail committee to determine the rightfulr,on-tmittee frotn two or ciiore com} eting lists `(t]he stnte central corrirrrnittee slectil rneet

cuithin thirty days n/'ter receiptof'(t`hfl IistS)"' ^ lanct forthwith deteratine and cotify whr"ch

contnrittee shatl be recogr&ed cr•s thtz rightful eount p cetfral or eaEcutiue contneittee"(ESmphasisa(lded.) ILC.3;5t7.o5. We ssre hopeful that this dispute Gvi31 be resolved as qtricldy aspossible bythe. state. central comntittee.

Exhibit C p.9

Letter to Lucas County liepublican }'arty, p. 2

Moreover, this issue is the subject of litigation penditig before the Lucas County Court ofCommon Pleas, and determination of the competing le ;al ar};umants of the two sides is nowbefore the court. "i`o Ihat end, we will not be respotidinty to yvtu reqnest for an analysis of thetcrm "organized group." Tt wouldl>e inappropriate for the Secretatyto express an advisoryopinion as to the nieriEs of your detailed legal arra.lysis of that term.

Sincerely yours,ar'

Brandi Laser SeskesEleotions Counsel

cc: Jennifer.Brunner Sr..cretary of SfateItich Coglianese, Principal Assistant Attorney Ceneral, Constitutional OfficesDavid Farrell, Deputy Assistant Secretary of State and Director of EleetionsEleanor Speelman, General CounselBrian Shitur, Assistant Generfil Counsel and Chief Elections CounselPatrick Kriner, Chair, Lucas County Board of Elec:tionsLinda I3owe, Director, Lucas CotuityBoard of Electiotts

Exhibit C p.2

Page 1 of 2

Anthon J. DeGidio

From: "Anthony J. DeGidio" <lony@cyberlawycr.com>To: <brunner@sos.state.oh.us>Sent: Tuesday, February 23, 2010 10:50 PMSubject: Attention Secretary Brunner Re: Gallagher v. BOEDear Secretary Brunner,

I write on behalf of my clients Meghan Gallagher and the Lucas County Republican Party ExecutiveCommittee. I reviewed the Motion to Intervene that your office filed and am somewhat disheartened bytho apparent willingness of your office to further complicate this dispute when there is a clear cut andproper remedy availabfe.

You may be aware that the current chairman Jon Stainbrook was elected largely due to his promises toclean up the criminal component of the LCRP left by Tom and Bernadette Noe. Neither your office northe courts seem interested in helping despite nuinerous opportunities. While the relationship betweenBOE members Kriner, Olman and the Noes is well known locally, your office consistently seems to try tohelp them. For example your office was made aware that Kriner called an emergency meeting of theBOE Christmas weekend to act on the fruadulent Rt-R4 forms filed by Jeff Simpson and Paul Hoag.There was no signature of a secrotary in fact they had no secretary and the forms were finally ignoredatter a decision by our local prosecutor that theyr wore invalid on their face. Meanwhile your officeresponded to requests for input on severla legal issues but consistently ignorod ar y reference to the "defacto" doctrine we relied on and communicated to you.

Judge Doneghy recently ruled that the Simpson-Hoag faction was not lawfully formed because they didnot hold an organizational meeting within the requirements.of RC 3517.03-06. He then decided that nty

clients were not lawful either since their meeting was delayed by court orders in 2008. Yet your office andeveryone else has recognized my clients as the "de facto" LCRP. I doubt that the ceurt of appeals willfind that delays imposed by court order do not toll the lawful time to trold an organizational meetingespecially when the alternative would be criminal contenipt.

Regardless of the decision by Judge Doneghy my olients are the "do facto" executives and committees ofthe Lucas County Republican Party. Your office was made aware of tiiis in prior cominunicatiuns yet youpersist in ignoring the doctrine. You are required to appoint Jon Stainbrook to the Board of electionsunless you have a lawful basis to disqualify him. In that event you shall notify the LCRP of your decisionand provide them with an opportunity to name a second person. You were niade aware of the "do facto"doctrine in State ex. re;. Sumrnit county Republican Party v. Brunner when you refused to appoint thecorrect persori. The court overruled your decision and placed the correct person in office but the publicwas deprived of the corroct leadership by you. The court even held that all actions taken by the illegalperson you appointed were valid because he was a "de facto" board member.

You claim that you don't lcnow who the legitiinate committee is. Yet you have no reason to think anyother body is the proper committee because there is no such evidence of it The Hoag-Simp[son grouphasn't even filed a legal Ri-R4 form as each of the 13 forms filed are faulty. My clients have acted in thecapacity of the LCRP for ahnost two years now and your office has treated them as such and the localBOE has treated them as such. They were clearly elected by a majority of Central Committee membersin June 2008. Even the recent petitions tiled for the upcoming May election show the majority wantsStainbrook and Gallagher in and is tired of the old politics as usual from Kriner and Oiman and their ilk,The Toledo Blade recently reported that Stainbrook probably has about of 40 vote lead out ofapproximatly 250 precints that will be filled.

Please honor your statutory duty and appoint Jon Stainbrook as he was recommended by the "de facto"party. In the even you do not do so then we will be required to institute a mandamus action to compelyour conformity to the law. I don't like wasting my client's money or the State's resources on issues whicttseem clear and my clients are clearly the "de facto" LCRP.

The law is clear and it does not allow your office the luxury of appointing your own selection. You arerequired by law to appoint the person recommended by the LCRP unless you have cause and such causemust be in writing. No one is asking you to resofve any dispute or recognize any faction. In fact your

Exhibit D p.1

31212U10

Page 2 of 2

office does not have authority to do so. Likewise you office is required by law to make the appointment the "defacto" LCRP provides to you. In this event there would be no need for further litigation with your oftice and theremaining issues can be determined by the.parties, the State Central Committee, or the courts.

Since it appears at this tin e that there will be further litigation please consider this document to be a pubiicrecords request pursuant to R.C. 149.43 for all email and written correspondence any person at your officeincluding yourself has had with the Lucas County Board of elections or any of its board members or employees,and between your office and the Lucas County Prosecutor's Office. Also please provide alf communieations

between your office and Joanne Wack, Paul Hoag, Jeff Simpson, Kevin Dewine, Jeremy Dernegall or 1_inda

Howe,

Thank you in advance for your prompt attention to this niatter.

Respectfully,

Anthony J. DeGidfo Esq.712 Farrer St: - - -Maumoe, OH 43537(419) 509-187II (Direct Voice)(419) 740-2556 (Fax)E-Mail: tctciy{^c:y_k c rit:fvyer.i:qi7t

CONFfDENTiALITY NOTICEThis message is priviieged and confidential and is intended only for tho use of the individual or entity to which it isaddressed. The information is private and protected by law. If the reader of this message is not the intendedrecipient, or the employee or agent responsible for delivering the rnessage to the intended recipient, you arehereby notified that any dissemination, distribution or copying of this message or the taking of any action inreliance on the contents of this information is strictly prohibited. If you have received this communication in error,please notify me by e-mail or telephone and destroy any copies of this communication.

Exhibit D p.2

3/2/2010

..bFtdN9FER BF2'Q.3NNF:?2

OHIO SECRETARY ar STATE

180 IcN^I E1ROAD S(RFFa', 16'rN 1

CpLi=^IGILi, oi-nC, 432.15 USA

TC^ : I-672 "757-6ddG r:8x: I=C 1 n_@dd-n5.t:9

March t, ,-)olo

Mr. Jon C. ;Stainbrooli1758 ivteaclowlai•k Ave.Toledo, flliio436z4

Ocar N-1r. Stainbrook:

You have subinitted to ine tnaterials bTnbehalfcif theCNecut(ve; Coatamittee of tlle Lucets Countyltepublican Party dated January x, zoio, reeouimettcling your apholtitmelit to the Lucas CamityBoard of Fle;ctions far tlze ternt beginning March f, 2oto. 1 also received m tl.erials submitted nnbehalt of wliaChas also been rel>ressented to be the Lxecutive Comtnittee of llte I'.3.ic:as Cbunty12epubliean ParCy dated Januaiy ig, 2olo, recomntcilding #l2e appoiiitmeti t of David W.Dtiiytxylca to the Luea's Cooitty Board of Elections for#he sairte seak ancl ternz.

It is my tluty as ohief elcetznn officer for Ltte State of Ohio, and pursuane to 1Z.C.35ot.o5, todllpointall atiemliers ol hoerrclsof olcctions," Ptirsuttnt to R.C.360r_o6, board rnembers tnay

serve "as tlie secretaty's represetitaCives" t'or a tertn of four years.

12.C,35ot•o7establishes the process by wbit;h the secretary ofstate nZalces those apjtohttments.Morc? speqiiiealiv, R,C.3501.07larovitles that 't3ie count,}rexec.tltive comiitittee of Ilie majorpolitical paay entitlezi to [anJ appointment ntayaiialce and file a recommendation witlt thesecretary'ot'.state for the aphointFUent o' a qualified elector [.]" and itu tlxer provides:

%-,[kahc seci•ekacy saf fihtte shall appoint auch edector, unless [the

secretary] I3as reason to believe that the elector woulcl, t'tnt be acompetentinemver oPsucb bclarct, In such cases tlie secrefary ofstate shall so state in writing to the cklaiianen of snch countyexucuiivcioillmittec,lGtiUalhe reasons ilrereFor I,•]

Currently, glicre are two groups clain-un}; to be the rightful Lucas County Republican Cants al andFxet;utive C.t mtnittee and eaclt grouh has Pecotntnentied an elector to servc oiz the board ofelections. This situation notiv'sthstanEling, I am rcqttiit'ed by law to appoint a Republican electorof Lucas Couittyio a ftdl-term on the Luess Cotulty Bi>arcl of Rle:at.ions hy March 1, 2010.

I takemo position as to which greiup is the rightful commit-tee. By statttte, the Ohio 22epttblicnnPar-tv Stai:e Central Cotuntittee is charged with malcing that deterntiination,l artct it ltas not doneso to dcite.

The Lucas County Contmon Pleas Court, in case no. CIo2otoot.i92, entitled, eYlegan Calloglzer

o. Ltecas CotuttFj Board afFlectiol:s, et at., before dismissing the action brought by Ms.

I R.C.3517.o5.

Exhibit E p.1

Letter to Jon C. Stainbroolc, p. 2 lVIarah 1, 2010

Gallagher, detertrtined that neither parl}+ faction complied with the political party organzationaiprocedures required by Ohio law.

Based on the court's findings and decisi.on, both grotips'failed to organiae wiClrin tlie recluiredtime provided hy R.G.3517.04. Applying the court's clecisiou (rvhich has been appealed iiut tiotstayed) to the situation at hand inwtving the Lucas Connty Board of Flcctions; neiiher party

faclion, constittrtes the bodytltat may, by larn-y make a recomniei7clation for appointm.ent to i:lie

]ioai•tl <if electioits.

Until either the Lucas Courriy Repttb] ican Central a nd Executive Comtnif.lec is aible to orgaiaize

according to law, or until one of the factioits or sotize other con!'rgu.ration of members isrccognizcd-by-either ei court or tltie Ohio Repuhltcatb Party Statn Central Coinmtttc.e as the clulyonqanized ctitlimittee,.T am unttble to accept ctthpc fcaction s recommendation cif an indi =idu all for

a'ppointcitentto the Lucas CoLtnty Bottrd of Gla•tanns. Moreo+Ter, the thne has expiied for thc

loeail,hairty to uz tlci its recommctidtttion For appoindment to rlt thc tertn that expired yestErdily.

Foi` t'hc reasoiisoutl'rtied in this lctter,l am retLirning your appoinlment to you, asI anr unalsleto pppoitit.atiy elect:oi to the boarel of elections ertt'rently a'ecomrnended hy ettltet faclion of tlnc

Lucas County Relntblican Cenl:ral and Executive Comm'rttee.

Sincerely,

Jennifer 13runncr

Btit;losur•e

cc: Jeff SlmpsouDavitl W. Dinyttyka

Exhibit E p.2

3$

Revised 7/2006

Lucas County Common Pleas Courth ^ ^2 p 3.7.ui3 F L'1Uy2t'

CC1H^ aiNh^ a^,Lht^E^^,

Meg^i^^ Gallaghet

(TRIAI,COURT)

Trial Court Casa No. CI-201001192-00

Court of AppealsCase.No, --__.^--

.

Plaintiff/Appell antDate Trial Court'sJudgment Bntry being

ealed was enteredaLUCAS COUNTY BOARD

ppon the journal. -_. 2t1812010

OF ELECTIONS Et at.13OCIKETING STATEMENTPursuantto App.R.3(G) and

DefendantlAppell8g 6th Dist.Loc.App.R. 3(C)

l. Appellant requests that this appeal be assigned to:

IZIThe accelerated calendar for the reason(s) checked:(See App.R. 11.1 and 6th Dist_Loc.App.R. 12.)

I A. No transcript is required.

B. The transcript is of such length that its preparation time will not be a source

of delay. (The transoript in an accelerated appeal is to be filed within 20

days of filing the notice of appeal. See App.R. 10(A))

C^, C. A statement in lieu of a transcript pursuant to App.R. 9(C) or (D) will besubmitted within 20 days.

D. The transcript is from an adnrinistrative hearing and was filed with the trial court.

OR

;he regular calendar for reason(s) checked:

q A. The transcript is of suclr length that its preparation time will take more than 20

days from the date the notice of appeal is filed.

-1-

Exhibit G p.1

^ S. A brief in excess of 15 pages is necessary to adequately argue the issues.

^ C. The appeal concems unique issues of law which will be of substantia l

precedential value in the determination of similar cases.

L .^D. Other - - ^^-__

2. Probable issues for review:

1. Whether or not the Luras Count^e up, blican party Central'1CRP and Executive____, _^ _.____..Committaes which orctanized on June 14 2D08, the "de facto" ICR^?'^. Whether nr not the 13oard of elections or State. Central Committee has the lawful authorit^o w_ ._

remove valid county central or ececutive committee members? „_3. Whether an "orqanizational meetin^" as deflned in R.C. 3517.04is sti!{ a valid meeting when

hotd outside the statutoruily defined dead4ine by oder of a Court? ^

3. Has a notice of appeal been previously filed in this court concerniug this case or a related case?

Yes No ZI

If so, what was the previotrs anpellate case number?

(QUESTIONS 4 THROUGH 8 APPLY TO CIVIL AND ADMINISTRATiVE APPE'AI:.S ONLY)

4. Nature of Case: (for example: Perscnal injury (slip and fall); administrative appeal (a.oning);

termination of parental rights; probate (will contest); breach of contract; malpractice (legal); etc.

This case involves the lawfuf riqht to hold public office and the proper procedures to

remove theln or chalienqe thisr position. -

5, How would you characterize the extent of your settlement discussions prior to judgntent

in the trial court?

None ( I Minimal I/Modera Extensive 1:1

-2-

Exhibit G p.2

6_ Have post-juctgtnent settlement discussions taken place?

Yes

7. Would a mediation pursuant to fith Dist.Loc.App.R. 13 be of any assistance in the

resolution of this matter?*

YesEl

NoIZI

MaybeEl

Please explain (optional).- Current County Central Committee members desire a determinationof their rights to hold office.

Anthony J. DeGldio

Naila'elof Atto^nvy or Pro 4e Party

419-509-1878

Telephone number

AttorneY for:Plaintiff

0069064Ohio 8upreme Court Registration Nxm^ber

*THL; PRIMARY PUIZPOSE OF A MEDIATION IS TO HELP TI-IE PARTIES EXPLORE POSSI-BILITIES FOR SE'T'TLEMENT OF THE CASE BEFORE INCURRING ADDITIONAL EXPENSES.

-3-

Exhibit G p.3

IN THE COURT OF COMMON PLEAS 3qOF LUCAS COUNTY, OHIO

?2 ID 3:

1bSeghan GallagherChairman,Lucas Courity Republican Party Central Case No. Cl 201001192-000

Committee10.S. SuperiorToledo, OH 43604

Plaintiffv. Judee Doneehy

f;,5 (;oURTa; F:^^I _ iit!ILTEft

;•i c.,.. ;,i.. ,^iftiS

LiJCAS COUNTY NOTICE OF APPEAL

13OAIZD OF ELECTIOI^,TS EXPE73ITFD APPEAL RE(JUEST.EXp

One Government Center, Suite 300'Coledo, OIi 43604

and

Ohio Republican Party State CentralCommittee211 South Fifth StreetColumbus, OH 43215

Defendants

+*+w*a*^+k*^+M+a**aa^*^^*^t^t^t^^t^^*+^t+*++++++*^^*^**+^*+*++^+^^+r

Now comes the Plaintiff, Meglian Ciallagher and hereby gives notice of appeal to the

Ohio Sixth District Court of Appeals from a decision of the Lucas County Common Pleas Court

journalized on February 18, 2010. A copy of this idecision is attached.

DATED: February 22, 2010 RespSctfully Submitted,

^

honyf J. ]?SS$'idio (0069064)712 I'arrMaumee, OH 43537Tel:(419)509-1878Fax: 419-740-2556

Exhibit G p.4

Email: tony@Dcyberlawyer.coniCOUNSEL OF RECOIZI? FORPLAINTIFF

Scott A. Ciolek PE (0082779)Ciolek :CI'D520 Madison Ave. Suite 820Toledo, Ohio 43604Tet: (419) 740-5935Fax: (866) 890-0419rrnaiI; scaYY@ewlaw.proCOUNSEL FOR PLAINTIFF

CF;RTIFICATE OF SF,RVICE

The undersigned hereby certifies that a copy of the foregoing was served via ordinary U.S. N1aiI,postage prepaid, upon Steven J. Papadiinos, at 700 AdFims Street, Suite 250, Toledo, Ohio43604-5659; Williarn M. Todd, at 41 South I-&gh Street, Suite 2600, Columbus, Ohio 43215, andR. Kent M u7three at 200 Dixie T-Iwy, Rossford, Ohio 43460 this 22n4 day of February, 300.

Exhibit G p.5

02I1872010 14:54 419 LLK'.dS C'.01.WV COWRT PAG£ 02/14

i:sO FFf3 143 p 2:

,41 PLE AS toll"

Glt.;^^': at

IN THE COURT OF COMMON PLEAS OF 1.UCA.S CO11,TJ`1'X, Q:

Megan Gallagrier, *Plauxtif#, CasaNq. CI0201001192

:vs, FIN7]II TGS OF FACT,

* CONC:LUSIONS OF LAW,

Lucas County Board of Blcctions, et al., AND J11I7OM'EI•FT ENTRY* UPON RECONSZT.)P.12.A,T[ON

Aeihndents. * Hon. Charles J. Doneghy

Followinganozal heacingon Febivary 17,201i], this isxjunctive-reliefanddec[aratory-

judgruent case is before the Courf; 1) on opposing motions ftled by the plaintiff, Magan Aallagh.er,

and by intervr.ning defondents ItMey Simpson and Paul Hoag for reconsideration of the Court's

°Findings of Fact, Conclusions of Law, and Judgment $ntr}?' ("Findings and Conclusions Entry")

filed February 11, 2010 ; and 2) for a decision on the mctits of this matter.' Upon review and

tTn the Pinding.s and Conclusions Entry, the Court in relevant purt overruled Ms.Gallagher's motion for preliminary injunction and ordered tbis case stayed in order to allowdefendant Ohio R.epuhlican Party State Central Committee ("State Central Coznruattee") todecide, pivsuant to R.C. 3517.05, the dispute between the C^allagher faction and the

I

Exhibit G p.6

02/18/2010 14:64 419 LUCAS COL14TY GCAN27 Pp(£ 03/14

recnnsideration of th.e pleadings, argnments of the partie., stipulations, testimonial and other

evidence, and applicable law, the Crourt finds it should oversule Ms. Gallagher's teqnest for

injunctivc and declarstoi,y relief, and should order the matter fbr,varde3 to the State Central

Cenatnittee for its decision. Accordmgly, the Court issucs the following findings of fact and

cencluslons of law.

1, Voters in X.ucas Ccunty, C?hio partieipated iss apriuaary eleetion on Mareb 4, 2.a08. (See

Plaintiffs Bxka.F, cectitrcate of eleetion of Megan Gallagher ["C3a11agber Cerdficata"],) In that

elecCon, Republican voters in Ward 12, Precir,et G. eleaW Ms. Gallagher as a tn.eznber of the

Central Committee ("Central Committee") of the Lucas County Republioan Paxty ("LCR.1'").

(Gallagher Certificate; see, also, Complaint Exh.B,p.01I/023,) Republiaan voters in Ward 24,

Precinct A elected W. Simpson as a. member of thr. Central Comnvttee. (Complaint

Bxh.B,p.Q 1 S/023.) Sitnilat~;•y, Republicann vaters in district "Spr-15" elected Mr. T3oag as a member

oftho Central Committee. (Id. at p,920/023.)

2. Deferidt" Lueas Cvunty $"d di'Eleetions ("13cwd") "declared" the fesults, iaclud.wg

the eleetionofMb. Gallagher, Ms. Sizupaon, andSvlr.Ploagas Centrat Committeemembers, on Aptil

3, 20f)8. (See Gatlagher CertiScate.)

3. After the Board declared the election reaults, end in order to uomply with requirements

S'vnpson/Eioag faction as to which f'actfon can legitimately elaim leaderahip of the Lucas CountyRepublican Party ("LCRP"),

'Tn the f ebrnary 17 hetrring, pursuant to t;iv.R. 65t"Eij(2) and upon notice to ilir> Isatties,the Court eonsolidated the trlal in this case wlth the hearing on Ms. Gallagher's motion forpraliminarp injunction.

2

Exhibit G p.7

02116l2010 14:54 419 LUCAS CLR.WY tSAPT ra*- tl419-4

of R.C. 3517.04 and 1.CRP Hylaws 5ectinn A, Ar+icle IV, the LCRY' scheduled its post grlmary

organizytional meeting for April 12, 2008. Ifavna^ Y.^1.11^^4`^ R^ icAn pa•tv cntral

,ornmi (May 6.2008),1_mca.s C.P. No. C10200803283, p.6 (Bowtuc+n, J.; I&I31m Eutry") 3

4. Prior to the April 12 meeting, several litigants filed cases in this Court which Ihe Court

consoliduted{"consolidatedcsses")which challen8edthe Centtal Conunittec's scheduling of its post-

priraary organizatinnal meeting for Apri1, 12, 2008. In tthe cozasolidated c.aRes, the Court entered a

'1'emporary Restraining Drdex enjoining ihe Apxll 72 meeting Ix+sed on allegations that the Central

Committec bad failed to comply with the notice reqoirezr'ents ofR.C. 3517.04. (See Aprll 11,2008

Judgment Tintry, in relevant part enjoining the April 12 meeting) The Court asslgned tHe

consolidatedcases for hearing, scheduled for April 28, 2008, on thepending motion for preliminary

injunction; the Court further enjoined any organizutiona] zneeting pending compliance with the

statutoryrequ7xementsofR.C.3S17,04. (Id.) AftereonductingtheApri128hearing,JudgeBowman

issued the May 6 Haynam Entry in wvhich he ruled in relevant part as follows:

"It is fiutiier ORDERED that the {LCRP] Centrsl Committee [organizsiioneljn,ecting, pursuant to R.C. 3517,04, shall be scheduled and lseld within ft= (hW_snftt,e.4nte of t^is I fiavnzxntr_." (Emphasis added; Iiavnazn ^ntry p.9.)

5. O n orabont May 16,2008, the LCRP appealed the matter to the Sixth Appellata District'

pnIviay 1 d, the Sixr.h I7ietrict entered a daeeision snd judgm ant entry ("May 16 Entry') in response

''Z^.ie plaintiff attached the Entry to her proposed findings of fact and conclusiansof law filed in this case on Februarp 8, 2010.

°Prior to filing her motion for reconsideraiion of the Cautt's Findings and Conclusions

En+ay, Ivt,s. Gnll^sgh.er failed to inform the Cowt about, and iled to ptesent evidenca regardingthe decisions madc and adtions takcn by the Sixth District follow`sng the May 16 appeal. 7NsCourt now must address the impaat of the Sixth Distriifs d+m'ssions and actions on the pleintift'sease. The Court will do so below.

Exhibit G p.8

1 82118/2019 14.54 419 LUCAS CCY7NIY COUR7 PAGE 05/14

to a motibn for temporary restraining order fsled by two pazt:ies. 1n rele^r®nt part, the May 16 Bntry

reads as follows:

"[W]e will troatthis motionas an applicalion,parsutuatto App.R. 7, to stay executionof the judgment or order of the trial cowtpending appeal.«r r +Upon consideration, the Cnvct g^ancts a lqwolarv stay of exect;tion of the triad

conrt's judgment. The intent of this tmporaty stay is to maiatain the status auo sothat appellee has an oppottuniip to respond to the appeilaMs' motton for stay ofexecutzon. T'hesefore, the [LCRP Central Committee's] organlzation tzteeting sUlt'om t)d^+rin¢ihe ncriodoftemoorazustavofex^ionherebv imo ^^ ' * •,(Emphas9s ®dded; May 16

6. On June 4, 2008, the Sixth District entered another deoision and judgment entry ("luna

4 Entry"), The Sixth 1)istrict stated in relevant part as follows;

"'" * r On May 16, 240$, upon appellaats' motion, this court issued akmpg*ew atAv91exeauiioa of the tr)si court's May 6, 2008 Sudgment in this case to maintain thestatus auo and allow appellee an opportunity to respond.

"We have thorotaghly reviewed appellants' motion as well as appellee'szrsponse :utd, upon consideration whereof, appet9ant's motion is denied. TlxQ^p^yy vtav ias' ^ by 1t^g coLm on ls^v 16. o Wtis hereirv litW." * * *" (Emphasis added; June 4 Entry.)

7. 'xhacafter, the LCRP eonvened an organiratlonnl meeting ("{Srganir.ational Meeting")

meeting ofthe rrtembers-elecr af thn Central Committee on 7ane I4, 200$. (See Complaaint Sxh.B.)

At the Grgardxational Mesting, the LCRP swore-in memberto elect, and the newCentral Committee

tnembers elected Ms. Gctllagher as Chair of the Cerrtral CQmtnitr.ee (Complaint Etclt.B.p.005/023),

Mark bIowak as Seeretsry of tha Central Committee (Compi:aint Bxh.B.p.065/423), 3on Stasubrook

as Chair of the LCRP Executive Committee (Complaint Sxh.C.p.002), and Hans Schnapp as

Secretary ofthe LCRP Fxecntive Committee (Complaint Bxh.C.p.002).

8. At a nyeeting of the Central Cosresnittee on or itkrout I7eoember 21, 200, eornmittee

membersspIitintoatleasttwofactionsoveranintamalgover.aancematter. (SeeBnerdExh.l,Lcttrs

4

Exhibit G p.9

02/18/2010 14:54 419 LLY'..q,S IX)LAJTY C.OURT FRGE 06t14

pp.l-2.) pne faction rcmained affitiatsd with Ms. Gallaglnzr ("Ciallagher faation"), and the other

faction (119impsontl•ioag faction"), opposing Ms, Gallagher's group, affifiated with Simpson and

Hoag. (8ee Complaint pares-10-17.)

9. The Crallagher faction claims it is tha factian legi'dmatelp entitled to icad the LCRP. At

the FobnterY 17 heati.ag, t:itis faction told the Cotut the £ttctio:a bases its claim to ltrs.dership upon the

7une 14 Organiaational Meeting.

10: 'Ihe SimpsonllIoag faction elaitns it is the faction legztim.atelg entitledto leadthe LCRP.

At the Febroaxy 171tearing, the SimpsonlHoag faction told the Court the faction bases its claim to

leadership upon the December 21, 20091neeting.

11. On oi about December 24, 2009, Mr, Nowak, as "SearGtarl', Republican County C'.entEal

Conunittee," and in affiliation with the Gallagher £action, submitted to the Board an "updated° list

o£Central Committee members. (Board Exh2.) On or about Jaazuary 6, 2010, also in affiliation

with the Gallagher faction, Hans Schnapp, as "Seczetary" of the LCRP Execntive Committee,

snbmitt.ed to the Board an °updated" list of Executive Comrnittee members. (Board Exit.2.)

12. pn or about January 7, 2010, lvlr, Simpson, Mr. Hoag, and two offier individitals, in

affiliation vriththe SitnpsonlHaa$ fwionand in oppositionta theGallaglterfactiion, sentaletterand

a sevcnteen-page liat of individnatt, they ataimed to constitwte the Centzgl Comtnittae and another

trvo-pagc list of individusls they claimed to eonstitute the Fxecut4ve Comrnittee. (Board Exh.l.)

In the tctter. Mr. Simpson represented himselfto be "Chairnan, LCRP Executive Committee"; W.

Hoag representedhimselfto be"Cbz.irnuan, LCRP Central Commiitee"; Christine Setes represented

herself to be "Sesretaty, LP-RP 1y?tcolative Committee°; arui Jan Lowe re,imsented himself to be

"Secretary, LCRP Central Committee." (Board E7rh.1.) On or abant Jnnoary 11,2010, Simpson and

Exhibit G p.10

02119P201014:54 419 LtICAB GfAlhtTY CaJRT PA6E 0711.4

Hoag sent att atidendum to theiz January 7 list. (id.)

13. Byletterdated January 12, 2010, the Board"eert;ified" thelistg submitted byeachfaetion

(consoiidstmg the suhnilscions fsorn each factioa into eme unified list fcora earlt) "to the State

Republican Party as instsvcted in jR.C.] 3517.05." (Board Exh.3.)

14. Later that day, &4S. Gallagher filed the snstant action seeking declaratory and injunctive

relief against both the defendant Board and the defendant Ohio Republioau Party State Central

Com.mittee("StateCentrel Conmuttee")"duetotheDefcndants' fallureto ooraplywithR.C.3517.04

(thrnugh 3517.06]." (Cemplaint pars.i.) Essentialiy, Ms. Oaltagher contends that the Board is

without authority to refsr this "eonfllct" to the State Ceutcat Conuninee for resoludAn, and that the

Staie Central Comiaittee is without authority to xesolve ft dispute as to which factaon propexiy

shoold control the 1,CRP Ceniral Conamittee and Exeaative Committec.

15. The C:ourt granted Sitnpson and Hoag's modon to intervene in this action.

1. MEIitGTNG TRIAL AND PRELf1LX'fN'AItY 1P:tCAVC'fi()N HEARING: Puisuentto

Civ.R. 65(ki)(2): and after notifying the parties at the Fabmry 17 haaring, the Court concludes that

it shall eansolldate the trial on the merits and the hearing ora the prefitninary injnnetion in order to

save the Court and parties the additianal time and expense of mutiiple hearings. See f„^aio Setv.

Crroun,Xnc- vIntcQ.rated & boen Jvs. T. L C 10th S)ist. No. O6AP-433, 2008-Dhio-673S, at 110

(addressing the notice requirement and cost savln$s of cons5lidation).

FThe :sl2 tvads 9n relcvant paut r,s follovrs:"(B j Cflnsol;datio.n of hearing with trial on meri:a. xSefo:e or AL-- the commencement of

the hearing of an application for a ptelimin.ary injunction, the anwct inav e er the trial of the5.,: i.:.:• _+ .e,, :^:s^at;on on ^ merits to lre ; ^n^=e } t^^^ii''^ ^^ with Bca hearing of the appl3cation. * °:

6

Exhibit G p.11

02/18/2018 14:54 419 L.LiCAS COlHiY CC41RT PAGE 68/14

2. ILVJIJNC'TIVE REI 1M As a general proposition, an injunction is an extranrdinary

remetly which is equitable in natuse. P,z+rieTt"J Sd.ofTmltl°eav Am l bth Dist, No. 03fiP-509,

2004-Ohio-838, at¶l I. Ohio coeuts genertdlyapplythz k'ollwNingfactergwltcndeterminingwhether

preliminary inJunctivc rclief "l issue:

(1) the likPJ; od proba U$ity of g2,lAULt' aucress q_nt^ gterits;(2) whtttm the issuancc of the unjunetion will pevent irranarabte barm to theplaintikF, (3) what ¢n,^'wv ta ot= will be caused by ths granting of the injnnctian;and (4) whether the nublic interestv+ill be served by the geanting of tha injunction."(Emphasis added.) rr y OtoT31dg. At& (t993), 86 Ohio App.3d44, 49, 619lJX.2d 1145.

Toobtain injunctive tniief,thecandidatemnstprovethesereqssiredelementsbyclearandconuincing

amble Co v g e (2000),140 Cihio App.3d 260, 267, 747 Nd 2b8;evidenco. l'roctor & 0

^ryv 3tevenfloq (1995),104€lheoA.pp.3d126,.136,661N,;r.2d237. Atrialcoust's}udgment

onthisissnewili.notW distar•bedintheabseneeofactearabt[eeofdisc,teGon, Corbettv.OhioBldx.

@uth,(1993), 86 Ohia App.3d 44, 49, 619 N.B.2d 1145. "Tn order to obtain a perntanent injtnction,

a party must show by clear and convincing evidenee that immediate and irneparable Wury, loss, or

damage will result ta the applicmt and that there i s no adequate remedy at law." lst Nail. Bonlt v.

q,J^, CA2008-05-056, 2009-Ohio-2202, at ¶47. "Trrepatable barm is an istjury forMt. AgM&

whichthere isnoplain, adequate, andaompleteremedy at law, andforwhich moneydamagrs would

be inipossible, diffieuh, or incomplete." ld.

3. GO'VE1tiVI'i`IGLlE0A.1.ATI'I'HOIt1'f`Y: Thisdi;qsezteisgovernedbytheLCILYHylawa

and by TLC. 3517.02 through 3517.06.

4. INEI.4CBMS: R.C. 3517.03 makes the LCRP Central Commiitee the "Controlling

Committee" of the 1.G'R1'- The Centrai Cotnnaittee mernnbers ate to be elected i'rom local ptncincts

7

Exhibit G p.12

02/18/2010 14:54 419 LUCAS CC31&ITY t'."T PAGE 09/14

by d9rect vote at evea-year state primaty alectians. Id. Tbe Central Committee elects the l:rcecntive

Committee. Id.

5. "4RGANI7,A,'{'ION": RC, 3517.04 mandates tbat tlac LCRP's retiring Ceotaal.

Committee ohair "shall" aatl, and the retiring Gent.tal Commmittee seeretary "sha11" provide notice to

the "membcls etert" aboart an "Organizational meeting". See R.C. 3517.04 ("the committee shall

pzoceect to gXgMjgg" lenrphasis addeil]); R..C. 3519.05 (noting the propa titn3ng sct forth fn FM

3517.04 for the "org,anizatiotyal meeting`); Bylaw Seetir,n A, Article IY. '17te statute iequires that

the party hold the org-aniz,ational meeting within six (6) to 6iiteen (15) days "following the

itawon of e FMW of the pritnary election. R.C. 3517.04, Centrat Com,rn'=^ of Flam3_

CovntvRenubiicanPartvv Ko}uten (Aug. 9,1991), Ist DisL No. C900603, i991(.)hioApp.Lexis

3$00,*9•10. The statute requ9res five-day notice of the otganizationat meeting. R.C. 35I7.tl4: At

the meetin g, the membexs-clect shall be sworn and "tbe cemmittee shall proceed to organize" by

electing off•xcet$. Id.

6. TENUREtVAC.AN£.'l.F,S: R.C. 3517.45 provide.i thatallpazty committees and off'icers,

$enerally, "shasl3 **" ersye ttnti<{ the date ofihe [next] oraatxiz .̂ational naegti niz providcd for in R.C.

3517.0 t" See, aiso, Bylaws Article 1]l ("All membtrs of the Central Camznittec shali be * * *

eleeted for te,ans of two (2] years "**"). "[t178eancies [in t3ta central oouw.ittee] caused by death,

resignation, failure to eleet, or rzmoval ffromthepreeinct'" *'°" are to be tilled bythe a majority vote

oftihe Central Coznmittee (or, if autkzorized, by the Execative Committee). RC. 3517.05; Bylaws

Section B, Artiole V (only Ceniral Committee is authoriztd). Cantral CommiYAo members may

nmn

V.

° offlters by majority vate of all Central Corisu-ni4,fe men ller<s. Bylaws Sectior< p', Article

Exhibit G p.13

02/18/2010 14:64 419 WCfaS C[UNTY CUUtzi rtust xn/1v

7. 7DISPUTES 6VER CONTROL: R.C. 3517.05 provldes that "fi]f more than one

=aniz.ed et= elaitus to be the rightful county ccntrat or executive comznittee, each such group

shall file a Iist of its ott"icers and rncmbers [to) the board af e o[which] shall p,ertift them to

the state centrral committec." (Emphasis added) R.C. 3517.05. Then, "(t)he ^e cdzttsa! cnrr+̂+;ttep

shall *"' deterrrtine and gg,1t ^ whicb ootnmittee shall be =(tJ?izcl as tle rikhtful coun centcal

otexecutive co tEeo." (Emphasis added) Id.

8. CULtxtT UE'tE[tMINA7!'JO'N:

a. n r1jY, courls are to defor to the Stat:e Co3oaI Committce for tltat body to

determine the proper Sr'oup to "recapi7e." R.C. 3517.05; Feikmn't i v t)11•'+0 9eu01jca-n Pa++v Sm

QnLgoAM (SD.Oh.1994), 867 F.Supp. 6I7, 622; fmttaLf.pra-in;ttee H._^}Itan Got?ntv

supra, 1991 Ohio App.Lexis 3808, *I2. See, also, id. at *6 the

iegialatute has providerl that the state central committee of a politieal party resolve intra-party

disputes as to the rlghtfiW leadership of county central c:ammittees'").

b. a v agraupwhichfaiistocailan"organfzationalmaetin8"withinthelnoper

fta orwhich fails to call and/orprovidepropernotice ofan "orgar^iratianal meeting" viathe proper

retiring officers, 6as no'"valid claic+t to the leadership" ofthe central or executive comrnittees. See

", en1al_ Corrmittee o^smilton Oaurxtv R^Ilblican Partv v Kobjw0, sapra,199i Ohio App.Lexis

3800, * I I-16. "Thus, [an orgatii7 ed g;roup is] g11titled to iud' 'kia1 re ie upoa demonstrating their'

* x compliance with the app]icable statutesand thejaruntypatty'sgovemingnilea]"ifthegroupwill

be "tieprived of" rightfal leadership of the county pariy. (Irmphasis added.) Id, at *6.

o) tniunctfata Hay lBe Proner; An iqjunctiou papperiy may issue to protect the

public office ofone being challenged by an adverse claimant„ untit the ciaimant establishes her title

9

Exhibit G p.14

02118/2010 14:54 419 UJCAS COIN7V CbURT PAGE 11114

hy law. Td, at * 16, citing Stattt--= ml *'non m,,3rouah (1916), 94 Ohio St.115, syAabus 3.

9. NEX'I'IiER FAt°I'ION COMPLIED WITH STA'1s CFf'ORY REQUFltRltl"ENTB:

a. The 91aP rr fa 'oe Timtin^: The grinuuy electaon at which the Centra!

Committeemembersmastrecenttywerealectedoccurred onl4larch4,2008, (tiallagherCertificate.)

The Bosrd declared the results of that election on or about A,pri13, 2608. (Id.) Thus, in order to

comply with the express s'vc-to-fifteen-day timerequirementofR.C. 3517.044, theLCRP was tohold

its organizational meeting bctween ApxiZ 9 and Aprll 18. ,A.fter Judge Bowmn et^oined the

scheduled April 12 organiz.ational meeting, Judge Bowman ordered the LCRP to hold its R.C.

3517,04 "organizatioaal meeting" avithin "fifteen days" of the May 6 H@3m= Entxy, (See Haygaztl

Entry, p.9.) However, following the LCRP's May 1b appeal of the ns Entty, which occurred

ten days after the Haviigm Entry, the Sixth Distx'set "grant[edj a temporaty stay of e:zccution of the

trial courPsjudgment [in order] to mA'nta,nthe stattzs ouo." (13tnpltasis added; May 1b 7~'zatry.) Then

on June 4, the Sixth 27istrict, after neting that it had "issued [t11e] te mporary stay of e7seaati.on of the

tnal court"s May 6, 2008 judgmettt iqtnjs casc to mWntfl+gyhtgatos puo," the Sixth District ""lifted"

the teanporary stay. (Empkasis added; June 4 Entry.) The C'entral Cornmittee did not conduet the

"Organizational Meeting," atwhichthe nqmmittee members elected the Ciallagherfaction, until Jwie

14, 2048. (Complaint Exhs.B,C.)

b. be sllexher iacNot^ Nott-Cc+ j n^re: 'Ilre Court eoncludes tkaat the June

14 organizational-rrAeeting election of inennbersofthe Crallaglzer faetion was out ofeompliance urith

both the express time requirements of R.C. 3517.04 s,md the fifteen-day mattdate Judge Bowman

Qrdered in the vnarn Entry which the Sixth Distriet tolled in its May 16 and June 4 Entries. The

Court concludes, and the par<ics ac1[nowledge, that courts may extend through e.xpreas orders the

10

Exhibit G p.15

62/18/2010 14:54 419 Lut,FF^ c:ta+rv1Y uA.rcKt rl^ iz114

specifIc tune lirnite eontaioed in statutes- The Court coneludes tlrat Judge Bowman ptoperly

extended the six-to-fifien day tirne period of R.C. 3517.C4 with his fifteen-day mandate in the

Ha)mgrn Entry, The Couit also concluda6 that, ten days into the fifieen-day periad mandated by

iudge Bowman, the Sixth District issued its "temporaty s'tay of acecuti.on of the akom Entry in

orderj to mzd^A+n''r" atat„s aua," The Court further coneiudes tha2, in so doing, the Sixth Distri.et

intended to maintain "the ex,9sting state of affairs" in the appaaled consolidated cases; speaifccalJy,

ten days into the fz#teen-day mandato (eontained Hmmm Entry), the Sirctb District entered its

temponuy stay thus tolling the iil3een-day time period wit}:i ten days having alzcady lapsed. The

Courtconciudestbatthc state ofatfairs "maintnined"bythe SixthI7istrict'stesuporary stay, included

the remaining five days contained in 3udge Bowman's tiffteen-day mandate. 7'txe Court concludes

that the LCR.l' conducted the Rrganizational Meeting ten days after the Sixth District Gtted its

temporaty stay; the LCFtP couducted the Organizational MeWng fxve days too late. The Court also

concludes that, in the same way Judge Bowman modified the express statutoty five-to-sixteen day

rrteetvtgrequirementoflZ.C. 3517.04. JudgeBowmanalso modifielthe express fivc.daynotice-o£

meeting requiremcnt of t2.C, 3517,04 and merged that reyuirerftent into his e7epress fifteen-day

mandate.

c. Simnsoafflo e faglio The SintpsonlHoag faction has not established that it

"organized" and elected Simpson and Hoag withinthe statuta,ry Aprii 9 to Aptil t$, 200$ time ftartte

or within the fifteen-day mandate of the H^ Entry. Thus, the Court concludes that the

a°(S7tatus iai„to ""* the atate in which something is: the exi til^st^^gf affairs (as inpolitieal, or social relationships) saE tite time in question <seeks to preserve tha s uus auo><has avested interest in the %VMLgjLa>." (Bmpbasia sdded.) Webster's T"nird New 7nfemti. 33#ctiouary(1993), 2230. "Status qt14. 'i'he rxi kil^ ^^ f in r at arly given, date." (Emphasis added.)8lack's Law Dictionary (4 Ed.1951) 15$1.

I1

Exhibit G p.16

92118l2018 14:54 419LUGAS Ct1LNTY co1.N2T PAGE 13114

Sinlpsmv[ioag far.tiou was out of compliance with R.C. 3517.04.

Jo. STATR CENTRAL CUA7IVII'1°I'J;E: Whea both competine goups are out of

conftsxmity with the requixerrtents of R.C. 3517.04, the Stater Centrsl Committee is the proper body

to resolve leadershipqnestionsoftheT.CRY and it~smzarnitte^,'s. See WA3+OW-6It^^71 :sa+.tu44^..

Cn latyt2euubli^+11'artvv.ICOhnen, supra,1991 Ohio ApP•Lexis 3$00, * 11-12 (findingthat"neitber

clairnantcouldlegitimatelyclaiznparty leadership [and the ] dispute was kdealiysuitedforresolution

[by the State Gentral Cornmirteel under R..C. 3517.05").

11. BU.AItU OF EJ;FWTiONS: The Court concludes that when eompeting groups within

a politieal partp in I.ucas County subcnit aompetittg lists to the Board, the Saard is to submit the

com.peti.ng lists to the state central cornrnittee of that politic:tl panly.

12. SUCCESS ON T)ElE iV1ER]TS: The Couxt concludes that NJs. C#aila,gttar has failed to

establish by clear and con,vincing evidenee titat she is entitled to the injunetlve and declaratory retief

she seeks, i.e., she has failed to establish, pursiutnt to R.C. 3,517.t)4 through 3517.05, tt+at the $tate

Central Committee is not the propet body to zeso3ve this dispute. Accordingly, the Court coneludes

that 2vls. K}allap;her is not entitled t® the relief she req+xests.

15. R.EP'ER MATTER TO STATE CENTRAL CfJMATI'A'T'EE:

'I'hus, the Court concludes that it should enter judi;rnent against Ivls. Gallagher on her

complaint. The Court also concludes that it should order this d'ispute between the Gallaglierfaotion

and the Simpsong-ioag facGon to the Srate Central Committee. '1'he Conrt alsu concludes that the

State Central Committeehastitirtydays from the filing ofthis entryto complcte its statutory diapute-

i•esolutioex duties.

(The Court intentionally leaves the remainder of tbis page blarilc.)

12

Exhibit G p.97

14l 1462118J2616 14:54 419 LtpLAy CLp.,By l Y C.'LIlJK 1 Y`{mt,

nr►u Mp't' MM LWN RTCGl1Y3^pFTtrt^

In conformity witL the forQoing FINDINGS OF FACT AND CONCLUSIONS OF

LAW, the Court hereby ORDERS the tti2d on the merits of dhis matter to be coqsolidated with the

hcaring on tlto plaintiffs motion for preliminary injuncticm. The Court farther OR])T'.RS that

jvdgmant is entered against the plain6ffon her cottrplaint £or it>3uncti ve and declaratory relie£ The

Court£urther OIt1lERS that deferdmt Oiri.o'Repnblican Patty State Centrat Committea resolve this

matter in conformity with its sta.tutory duties. The Covri fxuther 4Rl7ERS that defendant O}uo

Republican. Parry State Central Cotrirnittee has thirty days from the filissg of this eintry in which to

complete its duties. The Court finds no just tr.ason for dolay.

,2410

Anthony J. AeCridloScottA. CiolekWnIIiam ToddSteven 3. PapadirnoslAndr'ew K. RanazziR. Kent IalurphrerJGary O. Sommer

13

Exhibit G p.18

Ohio Secretary of StateElcctronic Filing User Accalult Information

-._ ___.....Your committee lias registered to filc campaign tinancc reports clectronically. T he

following infonnation is piovidcd to allow you to gct startod.

Comtnittee Natne: LUCAS COUNTY REPUBLICAN PARI'Y RESTRICTED FUND

Entity Key Nuniber: Uscr Name: LUCASCOREI'RESTRICTEDFl7ND

Password: F,lectronic Signature:

Your committee rnay change the Electronic Signature provided at any time tising theOnline Filing System. 1'ho Electronic Signature (e-signature) must be a. 10-digit

combination of letters and numbers.

Please save this infnrrraation in a secrrre location , it will he r:ecessary in order to file

arsin anv of tlie rtnnroved rn:r.thods of ffina. Please be aware that any person who has

access to the committee user name, password and electronic signature may enter, alter

and. submit reports.Filing Options

Ontine Filip2 Users.To file repotts online via the Campaign Finance Onlitie Filing System (CFOFS) go the OhioSecretary of State's Web site, www.sos.statc_o6.us. Choose Campaibm Firiance from the rnenuon lhe laft. Then choose Tilectronic P'iling in Ohio in tl c middle section. Next scroll down to theFile section and click on File Online. Once the system login screen appears, enter the user name,password and e-sismahn-e listed above. Once in the syste n, you xnay begin to eatcr yourcontribution, expenditure and loatildebt information. The committc6 then submits the rel ort atthe appropriate filing deadline. Additional information and instructions are available in the P'ile

Reports Online section,

1?mail FilersYou will use the Entity ICey Number and E-Signattu'e supplied above in the files you snbmit.Reports submitted via ernail will only be acccpted from oae of the tliree tlic email addresses thatwere supplied by your committcc on the Electronic Filing Itegistration (Fonn 30-T1-1). I'hespecifioations, instructions and the pre-formatted template are available frotn our web site underthe Email Reports to Our Office Section. To snbmit your repott by email, choose CampaignFinance from the home page thcn click on the Send Ernail link.

CD ROM I DisketLe FilersYou may submit yotir properly fortuaned reports on CD ROM or diskette. The specifications,instructions and the pre-fbrinatted template are available fi-om our web site. Choose Submitting aCD ROM / Dislcette `3tibtnission lnstntctions found under the "Snbmit a CD or Diskette to om

Office" category.

if you bave additional questions or eoncerns, please cnntact the Campaign Finance 77ivision at 614-466-

3111 for furtiter inforination.

Exhibit H

Revised March 31, 2009

E:LECTED OFFICIALS

Courtesy of the Lucas County Board of ElectioncOne Governnient Center, Suite 300

Tolecfo, OH 43604-2250(419) 213-4001

http:l/wvvw.lucast'ountyvotes.nrg

FEDERAL ELECTED OFFICIALS

STt'1TE Ol, 01110 ELECTED OFFICIALS

LUCAS COUNTY ELEC:TED OFFICIALS

ELECTED OFFICIALS OF TI-IE JUDICIARY

CITY ELFC'TED OFFICIALS

ELECTED MEMT3ERS OF BOARDS OF F.DUCA'I'ION ANDAPPOINTED SCHOOL SUPERINT'ENDEN"I'S AND SCHOOL. TREASURERS

VILLAGE ELECTED OFFICIALS

TOWNSHIP ELECTED OFFICIALS

APPOINTED VILLAGE AND TOWNSHIP CLERKS

SCHEDULES OF CITY, TO1•VNSHIP, AND VILLAGE GOVERNMENTAL MEETINGS

STATE OP' OI-IIO AND FEDERAL ADVISORY AND GRIFVANCE COMMISSIONS

LOCAL AND S"LATE. POLITICAL PARTY INFORMATION

FEDERAL, STATE, COUNTY, MUNICIPAL, AND TOWNSHIP INTERNET INFOItiViATION

BOARDS OF EDUCATION INTERNHT INFORMATTON

INCLLIDED ARE ELECTED OFFICE, NAME, ADDRESS, TELEPHONE, DISTRICT,TERM COMMENCING ANDIOR ENDING DATES, AND PAR'LY AFFILIATION.

INTERNF,T IIOMEPACrE AND E-MATL. ADDRESSES WHERE AVAILABLE.

that inteLprets and adniinisters Canon 7 of the Code ol Judicial Conduct concerning rules far Jud2esnnd Judicial candidates. Mukcs reconlruendations to the Ohio Suprerne Court regarding disciplinary

action against Lzwyers, Judic.tal Candidares, anci Judges.

FEDERAL ELECTION CONINIISSION

999 East Street, N.W.bVashington, D.C. 20463

(800) 424-9530www.fec.gov/

The Federal Rlections Commission enforces the I^edei Ltl Election Campaign Act (FECA), the ytetute

that governs the finaneing of federaI elecrions. Thcy diticlose coolpaigu finance intormation and enforcethe limits, prohibitions, und other provisions of the election Inw, and to administer the public funding ofPresidential elections_ The Federal Election Commission consi.ets of six (6) members appointed by thePresident of the United States, and confirmetl by the United States Senate. Federal candidates and Federal

PACS lilc campaign finance forms vvith this agency.

LUCAS COUNTY DEN4OCRATIC PARTYRon Rothenbuhier, Chairperson

1817 Madison AvenueToledo, OH 43624

(419) 246-9301h ttp ://w w w•.l u casd erns. co nt/

LUCAS COUNTY RFPUI2LICAN PAR'I'YJon Stainbrook, Chairman

10 S. SuPerior St.Toledo, OH 43604

(419) 482-0506httu:l/www lucast;on.ot'el

OHIO DEMOCRATIC PARTYChris- Redfern, Chairman

271 E:nstStateStreetColumbus, OH 43215

(614)221-6563www.ohiorJems.or^

OHIO REPUBLICAN PAIZ7'YKevin Dewine, Chairman

211 South Fif'th Street

40

LCRP Chairman Jon Stainbrook

From: Paula Lykowski [PLykow@co.lucas.oh.us)

Sent: Tuesday, December 22, 2009 4:24 PMTo: supersandylee@aol.com; admin@lucascountygop.org

Subject: [SPAM] REVISED Directive 2009-19 Board Member Appointments to BOEs

Attachments: Dir 2009-19 REVISED Board Member Appointments.pdf; 302 Questionnaire for Board Apptsrevised 12-09.pdf; 300 Full Term Board Appointment.pdf; Dir 2007-35 attachEthics Policy.pdf;301 Unexpired Term Appointment.pdf

Dir 2009-19 302 Questionnaire 300 Full Term Board Dir 2007-35 301 UnexpirediVISED Board Memb for Board Ap... Appointmen... attachEthics Polic...rerm Appolntment...

»> "iucas" <lucas@sos.stat.c.oh.us> 12/22/2009 2:35 PM »>

> ....__________________________________

> F-om: Wolfe, Pat> Sent: Tuesday, December 22, 2009 2:35:50 PM> Ib: All Counties; 130E Contacts> Cc: Field Staff; Elections Attorneys; Elections> Subject: REVISED Directive 2009-19 Board Member Appointments to BOEs

> Auto forwarded by a Rule

Dear Direct.ors, Deputy Directors and Members:

Attached is Directive 2009-19 REVISED (Appointments to Board of Elections for Full TermCommencing 311/2010) regarding political party recommendations of a qualified elector toserve as a board inember f.or: the full term commencirtg March 1, 2010. Please disregard the

previous directive issued on December 14, 2009.

tn accordance with R.C. 3501.053 and Ohio Administrative Code (OAC) 111-14-01, this

directive was posted for public commenc and is beingissued as a permanent directive.

Also attached is revised SOS Form 302 - Questionnaire for Prospective Appointee. Pleasedisregard the previous version serit on December 14, 2009. All prospective appointees mustuse the revised version (12-09) of SOS Form 302 - Questionnaire for Prospective Appoi.n^ee.

'n surnmary, the materials needed for board membc:Lrecommendations include the following:

• Directive 2009-19 REVISED tAppointments to

for Full "Ierrn Commencing

' SOS

• SOS

Appointee

("i/l/2010)

Doard of Elections

Form 300 - Recomm.endations for Appoi.ntment (Full Term)Form 302 (Revised 12-09) - Questionnaire for Prospective

= Directive 200-7- 35 Ethics Policy* SOS Form 301 - Recommendation for Unexpired Term Appointment

For your convenience, in addition to the revised directive and form,

rnaterials are attached.

all the above

If you have any questions, please contact one of the elections administ<at.ors at

614-466-2585.

«Dir 2009-19 REVISED Board Member Appointment.s.pdf» <<302

Questionnaire for Board Appts revised 12-09.pdf» <<300 Full Term Board

Appoint:nent.pdf» <<Dir 2007-35 attachEthics Policy.pdf>> <<301

Unexpired Term Appointment.pdf»

5ir.cereiy,

Patricia A. Wolfe

Elections Administrator

P. O. Box 2828

Columbus, OH 43216

Phone 614-466-2585

Fax 614-752-4360

From: Wolfe, Pat.Sen_: Monday, December 14, 2009 10:58 AMTo: All Counties; BOE ContactsCc: Field 9taff; Elections; Elections AttorneysSubject: Directive 2009-19 Board Member Appointments to BOEs

Dear Directors, Deputy Directors and Members:

Attached is Directive 2009-19 (Appointments to Board of Elections forFull Term Commencing 3/7/2010) regarding recommendations of a qualifiedelector to serve as a board member for the full term commencing March 1,

2010.

Accompanying the Directive are the following:^ SOS Form 300 - Recommendations for Appointment* SOS Form 302 - Questionnaire for Prospective Appointee^ Directive 2007-35 Ethics Policy* SOS Form 301 - Recommendation for tlnexpired Term Appointment

Please print off the materials and distribute to all appropriate persons

(listed in the Directive) as soon as possible.

If you have any questions, please contact one of the elections

administrators at 619-466-2585.

« File: Dir 2009-19 Board Appointments.pdf >> « File: 300 FullTerm Board Appoiritment.pdf >> « File: 302 Questionnaire for BoardAppts pdf >> c< File: Dir 2007-35 attachEthics Policy.pdf »

« File: 301Urrexpired Term Appoir:tmer.t.pdf »

sincerely,

Patricia A. Wolfe

F,lections Administrator

P. 0- Box 2828

Columbus, 0N 43216Phone 614-966-2585

Fax 614-757-4360

Notice: This message is intended only for the use of the individual or

entity to wh.ich it is addressed and may contain information that is

privileged, confidential, and exempt from disclosure under applicable

law. If you are not the in:ended recipient or the employee or agent

responsible for delivering thc message to the intended recipient, you

are hereby r:otified that any dissernination, distribution or copying of

this communication is strictly prohibited. If you have received ttris

communication in error, plaase rnotify c.he sender. Thank you.

2

Kevin DeW(neChainnan

May 7, 2009

ChairrnanJon Stainbrook

1758 Meadowlark Ave.

Toledo, OVi 43614

Dear Chairman Stainbrook,

Kay AyresVice Chairrnan

Martha MooreVice Chair Efneritus

Once again, we are calling on our Republican family to ideritify Republican wornen who would benefit

from participation in the Jo Ann Davidson Leadership Institute. Since our first class in 2001, the Institute

has trained 154 Republican women from 46 different Ohio counties. Today, these graduates are usingtheir acquired skills as local elected officials, indudirig mayors, city council members, countycommissioners, state legislators, and judges. In addition, many are servingas leaders in state and localRepublican organizations arid as key leaders in national, state and local Republican campaigns. They are

making a difference.

Carididates for the Jo Ann Davidsori Leadership Institute corne frorn all walks of life. Previous classes

included women from ages 20 to 64.

The prograni runs frorn September through May, requiririg attendance at a one-day session each month- usually held near Columbus. The exception is the three-day trip to Washington, D.C. in the spring. Thecurriculum includes campaign management, fundraising, government and party structure, economicdevelopment, public speaking, ethics and laws pertainirig to campaigns and elections.

Applications for the Institute are available online at www.ladleadershipinstitute:com, and theapplication deadline is June 30. We hope you will encourage at least one Republican woman from yourarea to apply to the Institute this year. If yori or your prospective candidate have questinns or needmore information, please call me at the office or at home at (937) 393-6512 or on my cell phone at (937)

763-6512.

Tiiank you very much for your help.

Sincerely,

Kay Ayres'

aiu for by the Ohio ftepublican Party, vs,vw.ohiogo;a.otg. Not authO;ized by any candidate or qandidate" committee.

291 S 5th Street • Columbus, OH 432115 (614) 228-2481

Kevin DeWineChairman

July 17, 2009

Chairnian Jon Stainbrook1758 Meadowlark Ave.

Toledo, OH 43614

Dear Chairman Stainbrook,

Kay AyresVice C:hairman

Martha MooreVice Clrair Frneritus

We are excited to announce the date and location for our 2009 Leading Ohio Dinner with

Niinnesota Governor Tim Pawlenty as the featured guest.

We will be comrnunicating rnore details with you in the near future, but please hold this dateand time on your schedule. You will soon receive a fornial invitation in the mail.

Saturday, September 19, 2009Great Wolf Conference Center at Kings Island

2507. Great Wolf Drive I Mason, Oli 45040 1 513.459.8885 ph

tiuuv ti r , ::u;. ^r

6 p.m. VIP Reception

7 p.m. Dinner & Program

Any questions regarding the logistics of the event can be directed to Craig Forbes at

614.456.2068 oi- forbes@ohiogop.org. If you need to arrange sleeping rooms, a specialdiscount has been rnade available to us that includes tickets to their indoor family Water Park.

Any questions rcgarding sales of tables and individual tickets can be directed to Melissa Barnd,

Finance Director, at 614.456.2053 or barnd@ohiogop.org.

Thank you for your support. We look forward to presenting and energizing support for our

2010 ticket as we lead Ohio forward!

Regards,

Kevin DeWineChairman, Ohio Republican Party

^i# S. 5th Strset , Columbus, C1N 43215 (614t 2282461

F„it1 foi o7t the 0 hlo Republir_ar Party. va r v e. .ut^op.org. SJoi a.Rhoi i_ed by E r)q candidate 0 r can ius ts conru 1 ttte:.

..;vin fJCwine

Chairman

V

Marcii 1, 2010

ChairntanJon Stairtbrook1758 Meadowlark Ave.t oledo, OH 4 3614

i{ay AyrosVice Ciiairman

Nlariha ht^rjre;e Chair Ernerrtus

i)e a r l ort.

W ith the 2010 eleetion coming rqt iii nine very short months campaigns and aomlty parties alike

,. ill need to raise significant fitnds to support theu eEforts. 4b'hile these pro,,rams are alrettdy underwav-, itis imperative that we abide by iate campaign finance Iaws set forth Fy t'he Secretary of State and the

Pederal Elee[ion C:ommission (FEC).

lhe rules and regulations pertaining to campaign finance can be cunthersome and it is for thatreason we have put logether a menio ontlining the diiferent aocounts oounty parties are t'equtrcd to have,the aceounts that are optional and what type of fuitds can be raised into thcm. We also eover how moneycan be spent f'rom these accounts and how you shouid r'eport this inPorniation either with your local 13oard

of Elections, the Secretary of State or the FF,C.

I hope you tlnd the attached information helpfu, Ihiguide is not intended to seive as 1^ .̂;al

counsel so if Vou have qucstions on y'our particuiar situation, plcnse soelc the advice ot 3n attorney who isfamiliar with vour situation. Any other questions can he directed to Joe Forkin or Craig Forbes at (614 )

22g_2481 .

I look forward to workin,, with you throughout thi,ycar and we bring responsible leadership hack

to Ohio,

Shicerely,

K€vin I)eWine

C11airman

211 S. 5th Street • Columbus, QH 43215 (614) 2?8-2481._..__.._._

Paid for by the Ohio Republicuc Party, wvu`v ohiogop org Not authori/ed by any candidate or candidate's committee.

Lucas I Ohio GOP

L.UCNS COUNIY GOP ... .. . VOLUNI ISER IN dUMS COUNI Y

County Chairman Jon Stainbrook

OFFICIALADDRESS10 S. Superior St.Toiedo, OH 43604Phone:(419) 482-0506

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11ans SchnappSecretary, Lucas County Republican Partyro S. Superior'1'oledo, Ohio 436o4

Re: Appointenent oi` I'tzBrielc )<Lri^ret•

Dear Mr. Scltnapp:

This 1et,Cer is in response to your leLler of AMay 29, 2009, setit hy you in yotu capacity asSearciary to the Lucas County Repuhlic7nl'atf} l;xecnttve Committee, and received by thisofiice on Jtute 2, 2009. in your letter, you requcst that 1"appoint Jon Stainbrool: to the vacantposition as a member of the Lncas Counly Board of I:lu.tions ''" * by the close of business onJune 3, 2009.° You euclosed with your lettel a coniple.fc d I otni No. 301 (Recommendation forUner.pired Term Appointment of Member of Board of 1'lections) and Form No. 302(Questionnaire for Prospective Appointineirias a 1V+leniber of the Lucas Cotmty Board oC

Tileetions).

'1'his office has not received a resignation lctter from Mr. Kriner or any other documentation of avac,mcy on the Lucas County Board of Islectlons. R.C.3501.07 pl ovtdes that the exec.utiveeomrnittee of a eoturty party may mc l_t and t-ecottunend a qualified elector to serve on the boardof elections within fii'Ceen days q/ter a vacancy oecurs on tlx: board. 1 Becausc no vacancy existedwhetrthe parly met on May 28, 2oo9 and recommended Ittr. Stainbroolcto serve on theboard,thc party's recomntendation is prematt•e and nutst be rejected as a matter of law.

The recorcls of this olfice re[lecl: that, on January 19, 2008, the Lucus C:oLUity Republiean PartyT?xccutive Comntittee recommended the re-appointment of Patriclc Rriner to a ft.ill term on the:Lucas Counly Board of Llections. In accordance with this recomnendation and with thcappointment procedure established in R.C.;3^oi.o7, I,ippointed Mr. Kriner to sctve t four-yearferm on thc board beginning Match 1, 2008. Tlic forms liled by lhe Lucas County Republican

R.C.3501 .o7 stfltns:

(aJl a nteetutg heid u+(hin Jifh eu de+ys l^lu u I^acq;lcy ou iors iri 8re bomrd,

tlre coamly e.recuGue rommii[c.as a/ tHe niqlor political parl7/ enlitled fo the

appoitrtnzen( ma}I rrlale anrl file o reconmrenckrtion with the secretm y of .slafe

fbr t11e appoinhnell of a qtln7ified elecior. '1'he secretary of state sharll oppointsuch clector, unless he has reason to believe thnt the elector wotdd uot be acornpetent +nember ol' such boar'd. "I "11 oo such reconimendatioa is macle, thcsecretary of siate stizall mnlce the appointment. (Emphnsis added.)

Letter to I-lans Schnapp - Re: flppointment of Patrick Kriner Page 2 of 2

Party Llccutive Committee with tliis ofhce in c onnection svith the reeorrtmendation of 14r.Krinet were, on their face, proper, and I was not aware of anyfacts that brought Mr. Kriner'scoiiipetence into quesLiori" For the past siateen months since the [iling of the recommendation,rtcither yotl nor anyone else has raised wil:h this oflice any concerns regarding either the processb,y which Mr. Kriner received tlte party's reconunendation for thc appointment or Mr. Kriner's

service on the board.

it appears from reacling the Januaty 20, 2oo8 Toledo Blacle article included wvith your letter that

Mr. Stainbroolc may have conte7nporaneously raised taitlt the party an objection to the party'srecommenilation process. However, to my knowledge, Mr. Si:ainbrook did not, prior Lo the daleof Ml Krincr's appointmc,nt raise an objection vvith this office or seele from the Lucas CotlntyCourt of Conunon Pleas in7unlaive reltet to enforc:e Ohio's Open Meclings Act as authorized by

12,(,'.121.22(1):'

As Secretary of 5tate, I do have the authority to remove mcmbers ofhoards of elections,including Mr. I(riner, for 'neglect of duty, malfeasance, misfeasance, or nonfeasance in office,for atiy willful violation o1'fitle XXXV of 1:he. Revised Code, or• for any other good and snfticientcause. " Y" "'." R.C.3301.16. You assert that the process by wliich Che party recomtnended Mr.I<rinerfor the appointtnent violated the Open Meetings Act and 11tat this is "good and sufficientcause" for me to remove him frotn the board. 'fhe Revised Code does not, however, vesse in me

the aut'hority to adjudicate legal issues arising miclcr the Open MeeCings Act. Nor has Mr.Kriner had the opportunity Lo present any facls or arguments thal: he might wislt to beconsidered concerning the issttes you raise.

livett assuming, tzrgttetado, that errors or irregularities occurred dtu ing the party's.Jtiuary2o0£3 recommcndation process in violation o'f Ohio's 5unshine Laws, NIr. ICuner is, af aminimmn, a rlefac2o ntembe.r of t]ic Lucas CounLy Board of Llccfions. Moteover, becanse r7r.Ilriner held the position on the board prior Lo the recommendafimi process in question, Ohiolaw requires that Mr. Kriner continue to serve turtil a successor has been duly appointed.

R.C.3.ot. i

ror the reasons stated herein, and in the absence of a judicial dcterntination to the confrary, Idecline at tltis time Lo remove TNIr. Kriucr ft-om the Lucas Cotutty Boarcl of Elections. Unless anduntil a vacancy occurs on the board, I cannot appoint Mr, Stainbrouk to a position on tlic board

as you request.

Sincerely yours,

ennifer B,runner

R.C.t21.22(1) prorides as follolvs:

[alny persou may Iniug mt action to enfnrce Chis section IOhin's Upen MectingsActl. Au action underr clivision (i)('r) of this suetion shall he brought witttin ttvoyears after tho date of the allegecl violati<ni or threatened viohition. Upon proof of

a violation or threatenecl v'rohttion of this sec.lion in au uctiou brought by anyperson, the enurt of cwmmmI pluts shat] issue an injunction to compml thcmenlbcrs of t6e publia hocty to cmnply witlt its provisious.

i1 person hotcGng nn office of public trust shall cnntinue thcre.in untit Itis successor is elected or appointed and

qualified, unless othenvise providecl in the constituiion or lars of this stato."

JENNIFER BRUNNEROHIO SECRETARY OF STATE

IHO EAST EROAI) STFEET, I6TM FLOOA

COLVMPVS01111 43215 119A

TGL:1-614-4662655

FV.x:1-614-944-0649

January 21, 2010

Mr. Jon Stainbrook, ChairmanLucas County Republican Party10 S. Superior St.Toledo, OE-I 43604

Dear Mr. Stainbrook,

Thank you for your filing that was recently submittecl to the Ohio Secretary of State. We havereviewed your 61ing, and it is not accepted for recording. There were a few minor issues on theservice mark application which need to be corrected, for example, we are required to record thespeci6c date of first use (MM/DD/YYYY), even if it is an estimate for filing purposes. Thisneeds to be corrected in items six and seven on the form. Furthermore, Ohio Revised Codesection 1329.56(C) requires a specimen of the inark as actually used must be provided with theapplication. For example, you may attach a sheet of lettert ead with the set•vice mark logo on the

document as a specimen.

Additionally , the name "Lucas County Republican Party" may not be registered in our ofiiceeven if the above infomlation is corrected, as the words consist of words that are "merelydescriptive or deceptively" and "geographically descriptive" as limited by ORC 1329.55(E).

Finally, it appears that your interest may be to protect the rtatne "Lucas County RcpublicanParty," and 1 wanted to direct your attention to Title 35 of the Otiio Revised Codewhich governsthis area of the law ineluding registration and protection of a name for a political party.Specifically, ORC 3517.01(a) applics to your entity, as you are an existing political party, thesection protects your narne witli the following language, "No such group of electors shall assumea name or desigrtation that is similar, in the opinion of the secrelary of state, to that of an existingpolitical party as to confuse or mislead the voters at an clection." 1'his area of the law likelyoffers ttre protection you desire; however, I would be glad to discuss this issuc with you further.

All documents and any filing fee you submitted were previously returned to you. Please contactme directly at (614) 466-0952 or aclark^iasosstate.oh.us to discuss these issues or receive more

infonnation.

Sincerely,

Allison A. ClarkCorporations Counsel

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Home / Pcss R^hSes l 20 0 Pi ssRe leases / SecieiatY-l I runnu' SCEkti Okay to A! oit_Elcetion13oard \lcn}bcr in Ahscncc, of Oltio (,{)f' Action to Res< li,t I ocal_l' ut^_[)ist ute

Secretary Brunner Seeks Okay to Appoint ElectionBoard Member in Absence of Ohio GOP Action toResolve Local Party Dispute

2/19/2010

For Inarnediate ReleaseFeb. 19, 2010

SECRETARY BRUNNER SEEKS OKAY TO APPOIN7' ELEC7'ION BOARD MEMBER IN ABSENCE OFOHIO GOP ACTION TO RESOLVE LOCAL PARTY DISPUTE

COLUMBUS, Ohio Secretary of State Jennifer Bninner has filed a niotion to be heard in contentious Lucas Countylitigation in Toledo about who can be recommended for an open elections board seat there by the local Repablican

Party.

Under state law the Secretary of State must appoint one Republican and one Democrat, each recomniended by theirlocal party, to the 88 county boards of elections each even-numbei-ed year by March ] st. County parties were requiredto send thcir recontmendations to the Secretary by February 13th this year. The Lucas County Republican Party sent

two names, one each from a faction claiming to be pai-ty leadership.

The local dispute can be settled by the state GOP, also involved in the suit, bat it so far has declined to do so. Understate taw, the seat will be deemed vacant by Marcli 1 st, and state law vests the Seeretary with the right to appoint a

Republican to the vacant seat on or after March Ist.

"I would prefer that the state GOP resolve this matter, and it appears that the court is pushing the political partyorganizations in this direction as well. However, the elections board needs four members to reorganize and operatefairly and effectively for the benefit of Lucas County voters. If the political party is not going to resolve this, I needclear direction from the court that I may proceed, despite the two leadership factions claiming dghts to the board seat,"

said Brunner.

The law does not vest Secretary Brunner with authority to settle intra-party tnatters. In her motion filed Thursday,Secretary Brunner is asking the Lucas County Common Pleas court to declare her tnoving forward with an appointmentprocess on March Istis a necessary exercise of her authority as the state's chief elections officer. The couit has alreadydetermined that eaclt of the two factions' recommendations of board members to the Secretary is flawed and invalid.

In past vacant board seat appointments made by the Secretaiy in Cuyahoga and Franklin Counties, the Secretary hasadvertised the position to the public and interviewed and selected the board member to fill the vacancy based on merit.

County boards of elections reorganizations by law must occur between March 2 and March 6, 2010. At reorganization,directors and deputy directors of boards of elections are appointed and reappointed, and their appointments require anaffirmative 3 votes under state law. Absentee voting begins March 31, 2010 for the May 4, 2010 primary election.

Attachments:

YVlotion of lcunifei„Brum^ei, Ohio creta,^ of Stat to Interven and ]'ile Ansc^^er and Couuteict iim/Ciotis-Claim for

necl u ,jj^ ntjudgetnent ]ntitanter (PDF)

http://www.sos.state.oh.us/SOS/PressReleases/2010/2010-02-19.aspx 3/22/2010

Page 2 of 2

Ohio Seu'et_u^y ot State_Jenn i er_l3rwn^r'S Answe7=iind Counterclaim C ross-Cl^^iin for De,c.larator J^^em^nt (PDF)

-30-

Media Contacts:Jeff Ortega, Assistant Director of Communications, Media (614) 466-0473Kevin Kidder, Media Relations Coordinator (614) 995-2168

bttp://www.sos.state. oh.us/SOS/Press lteleases/2010/2010-02-19.aspx 3/22/2010

Lucas Couaty Republican PartyMinutes for Central Committee Organizational hleetin

Saturday ]une 14, 2008 9:00amInterim Secretary Constantine Stamos

Vleeting calleil to order by Chairman Doug llaynam and s'ta s meeting ^with prayer and recitation of the Pledge of

Allegiance.

Nomination opened tor Iriterim Chaiiman. Nominated were Bob Reichert and Mt:« Bartow. Voice voie called anddivision was called. Committee member calleci for vote by written ballot. Representatives for each candidate wereallov^ed to sit in on countin",. R9r. fi:u'tov-v elc.cted Interim chairman by writlen ballot.

?v'omination opens for Interim Secretary. Nominated was Constantlne titamos, who was uncontested. Approved

without otjection by voice vote.

At 941am Interins Chainnan Rartow moved to close meeting registration. Motion was passed by voice vote 4vith few

ob j ecti ons.

As a next order of business, centraf cornmittee membcrs werc asked bv Interim Chair 13artow to caucus amongst

thcrose.lves for 10 minutes and vote for Ward Chairs.

Following Ward Chairs were elccted by committee rncntbers.

NOTE: These names were announced and no spelling Nva.s available to Interim Secretary Stantos. Therefore all

spellin^.s are phonetic and should be compared against the original master list of members.

^^taumee: Christine 13erganMonclova: Barbara LangeOregon: George W. GaermerOttaVVa Flills: Paul ComazanerProvidence: Cmis C:elesSprint,Ileld: Paul lioagS,vh^ania: Doug HaynarnSylvania Township: Dec Dee Liedel

Toledo Warcis\v ard I: Ralph ReynoldsWard 2: Homer SrnidiWard 3: Brandon RiffleWard 4: Brenl ColdironW'ard Eric SkowronWard 6. Adam JessenJ atd 7: James Pctlow

Ward 8: Larry Doyle

Ward 9: Jeremiah SchochWard 1O. Dennis Lange

Ward 11: JeffCromwellWard 12: Meghan Gallagher

Ward Ii;Timlde

Werd 14: no waril chair

Tolcdo Wards (cont.) -

Ward 15: Robert Borer

Ward 16: Bill JenningsWard 17: Hans SchnappsWard 13: Cindy Limong

Ward 19 Ron Nevers

yvard 20: Steve SuttonWard 2 L: Dave Baz'z (This ward was re-voted upon)Ward 22: Jon Anderson (Originally laici on table for re-vote later)Ward 23: Dave DmytrykaWard 24: Jeff SintpsonWatervil!e: Derittis Recker

l`rxl of Ward Chauman results

At 9:51am. atter some diffic.ulty in selectin" a Chairman in Ward 22 [nterim Chairman B<nrtow sugges'ted that the issue

be faid on Ihe table for a revote. Bartow's motion was without objection.

At 9:52 some committee members expressed their displeasure at a non-committee member waiking arotuxl and °tellingpe.ople how to vote.'As a result lnterim Chair Barlow motioned for the selection of a Sergeant-at-Arms.i iominated by Bartow was Steve Meehan. Als-o nominated were Aaron Hensley and Jeff Simpson.

At 9:54 Simpson is voted as Sgt.-at-r1rms by voice.

As the next order of business Norninations were opened for Executive Committee Chairman at 9:55am.Nominated were Jon Stainbrook and Bob Reichert. iNominations were closed aPte.r no other candidates were submined.

r1t 10:00am both Exccutive Committee candidaws offered remarks as to why they should be selected.At 10:02am Comments were made by the assembly in support of both candidate.sLynne Olman spoke in support of Reichen.Louie Lcal spoke in support of Stainbrook.Dee Tafmadge spoke in support of Reichert.Unnnown gentleman with a shaved head and Reggie's Rike Shop shirt spoke in support of Stainbrook.Unknown woman escecded her time lunit before she was able to support either candidate. (presumably Reichert)

Brandon Riffle spoke in Support of Stainbrook

At 10:12 a motion to consider the question (on Executive Corrunittee Chair) was ntade and passed by voice vate

At 10:13 the assenrbly votca for L.xecutive Comrnittee Chair by voice. Division is called. A motion is made to vote byballot which is seconded and passed. 2 repreSentatives for each candidate were pet'mitted to witness vote counts

At I0:I6 Ward 21 announces ihey selectcd Dave Bazz for Ward Chairman.

Wniie votcs v- .ec beine tabulated fn6^.;eclrtive Committee Chatrnian, Iruerim Comntittee Char Bartow asks tf the

assembly woulc Irl.e to rnake any announceinents, remarks, or had any news they'd like to chair with other members.

One gentleman announces he's a congressional candidate who will be running apainst Marcy Kaptur and asks tl)e party

for their support.

Jeff Simpson invites members under 40 to get involved with the Young Republicans

AnnouncentcntsllZemarks/News (cont.)

Mark Wagoner's campaign nianager .speaksPiiil f3arbosa of Hispanic Republicans speaks about his otganization.

Comments end at 10:23am at which tlme it is a;nourrce that the results are in for Exe.curive Comrnittee Chairman.1on Stainbrook is efected Executive Commiitee Chalrman by ballot vote, vetified by 2 representatives for each

candidate.

"orninations are opened for Central Comntittee Chairman. Meghan Gallagher and Doug Haynam am norninated.Voice vote is made and divisiort is called. Motion is made and passas at 10:26 for a vote by ballot.

At 10:33ani results are tabulated and Meghan Gallagher is announced as Czntral Committee Chairman.

ivlcghan Gallagher is recognized as new chair and "gavel" is turned over to her aher being informed by an assembly

rueinber that she is now to officiate the mccting.

In order to espedhe vi>ting for rest of candidates, Doug I laynain suggests that voting is done by a slato consisting of

Anderson. Nowak, and Skowron. Motion is so passed and slate is passed.

After some verbal protests of several committee members, Gallagher Rrakes a motion to adjourn thc meeting which Is

seconcied and passc{I by voice vote.

titeeting is adjourned at I0:38am_

IN THE SUPREME COURT OF 011I0

In Re:

)

))Case No. 2010-0435

)

STA'7'E OF O111O:

COUNTY OF LUCAS

)

AFFIDAVIT OF JON S1'AINBROOIC

)

)) SS:

Jon Stainbrook being duly cautioned and sworn, deposed and says as follows:

l. I am a resident of Lucas County, Ohio.

2. I am relying npon my personal knowledge in making this affidavit.

3. f am an adult over 18 years of age, and am competent to testify as to all

niatters contained in this affidavit and the cotnplaint attached hereto.

4. 1 was elected Cliairntan of the Lucas County Republican Party Executive

Cotnmittee by a majority of the members elect of the Lucas Republican

Party Central Cominittec at the June 14, 2008 organizational meeting in

accordance with LCRP bylaws.

5. As Chairnian oEthe Executive Commitlec, 1 am responsible for the daily

opetations and business of the Lucas County Republican Party.

6. By niajority vote of the Lucas County Republican Party Executive

Committee, at meeting held on January 9, 2010, I was recommended to

serve as Board member for a full-term appointment on the Lucas County

Board of Elections.

7. The recommendalion for my Board Member appointment was delivered to

Myra Hawkins of the Secretary of State's office on January 11, 2010.

8. On March 1, 2010, I received an e-mail from the Secretary of State

informing me that my appointnient was being denied.

9. "I'he Lucas County Republican Party did not recommend Benjamin Marsh

to serve as a Board Member on the Lucas County Board of Flections.

10. I was the only reconnnendation givet by the Lucas County Republican

Party Executive Coinmittee to the Secretary of State for the vacancy

occurring on the Lucas County Board of Elections Board Member for the

terni commencing March 1, 2010.

11. I have reviewed Exhibits A through Exhibit S attached to this submission

of Evidence.

12. Lxhibit A is a fair an accurate copy of the January 11, 2010 e-niail frotn

Lucas County Republican Party ExecutiveCommittee Secretary Hans

Schnapp that provided a copy of my Board Member Appointment forms,

Party Bylaws, and updated Executive Committee Mernbers to Myra

Hawkins of Ohio Secretary of State that I obtained from the Lucas Comity

Republican Party e-mail account.

13. Exhibit B is a fair an accurate copy of the January 25, 2010 letter from

Lucas County Republican Party Central Committee Secretary Mark

Nowak to Jennifer Brunner that I obtained from Mark Nowak.

14. Exhibit C is a fair an accurate copy oi the Februa y 2010 letter from

Ohio Secretary of State 1?.lections Counsel Brandi Seskes to Lucas County

Republican Party Central Coinmittee Secretary Mark Nowak that I

obtained from Mark Nowak.

15. Exhibit D is a fair an accurate copy of the February 23, 2010 e-mail froin

Attorney Anthony DeGidio to Jennifer Brunner that I obtained from Mr.

DeGidio.

16. Exhibit E is a fair an accurate copy of the March 1, 2010 Letter I received

from Jennifer Brunner.

17. Exhibit F is a fair an accurate copy of the March 1, 2010 Certificate of

Appointment for Boar<I Member Benjamin Marsh.

18. Exhibit G is a fair an accurate copy of the February 22, 2010 Docketing

Statement and Notice of Appeal that T received from my attorney Anthony

DeGidio.

19. Exhibit H is a fair an accurate copy of the letter that the Secretary of State

issued to Lucas County Republican Party Treasurer James Damas so he

electronic {iling of eampaign finance reports on behalf of the Lucas

County Republican Party.

20. Exhibit I is a fair an accurate copy of pages of Lucas County Board of

Elections Elected Oflicials Manual retrieved from their website on March

21, 2010 that lists nle as Chairman of the Lucas County Republican Party.

21. Exhibit J is a fair an accurate copy of the December 22, 2009 e-mail I

received from the Lucas County Board of Eleetions that provided me with

the forms and instructiotis for the upcoming Board Niember Appointii-jent.

22. Exhibit K is a fair an accurate copy of the inailing envelope sent to me as

Chairman by the Lucas County 13oard of Eleetions mailed to provide me

with Board Meinber appointnient.

23. Exhibit L is a fair an accurate copy of a May 7, 2009 letter I received from

the Ohio Republican Party that recognized me as Chairman of the Lucas

County Republican Party.

24. Exhibit M is a fair an accurate copy of a July 17, 2009 letter I received

from the Ohio Republican Party that recognized me as Chairman of the

Lucas County Republican Party.

25. Exhibit N is a fair an accurate copy of a March 1, 2010 letter I received

from the Ohio Republican Party that recognized tne as Chairman of ttie

Lucas County Republican Party.

26. Exhibit O is a fair an aceurate copy of a the Ohio Republican Party

Website listing me as Chairman of the Lucas County Republican Party

that I retrieved on March 22, 2010 from www .o liog^.

27. Exhibit P is a fair an accurate copy of the June 3, 2009 letter from Jennifer

Brunner to Lucas County Republican Party Executive Committee

Secretaiy Hans Schnapp that was provided to me by Mr. Schnapp.

28. Exhibit Q is a fair an accurate copy of the January 21, 2010 letter I

received fironi Ohio Secretary of State Counsel Allison Clark that referred

to me as Chairman of the Lucas County Republican Party.

29. Exhibit R is a fair an aceurate copy of the Ohio Secretary of State's

February 19, 2010 Press Release that I reirieved fi-om

www.sos.state.oh.us/SOS/PressReleases/2009.aspx.

30. Exhibit S is a fair and accurate copy of the Mecting Minutes recorded by

temporary secretary Constantine Stamos for the June 14, 2008

Organizational Meeting ofthe Lucas County Republiean 13arty where I

was elected Chainnan. Central Committee Chair•man Meghan Gallagher

provided me these meeting mintites.

31. All facts contained herein are true to the best of my knowledge.

Further affiant sayeth naught.

Before me personally appeared Jon Stainbrook, who upon being duly

sworn, deposes and says that he has read the foregoing affidavit and that it is true as he

verily believes.

Sworn to and subscrik^ed,^efore me this 22 "" da