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Ohio SOS Brunner rules State Sen. Husted is not a resident of his elected district
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Ohio Secretary of State Jennifer Brunner
Columbus, Ohio: Waiting until late in the evening on Monday to release a decision that will surely ignite a political firestorm, the consequences of which may not be known for some time, Ohio's chief election officer, Ohio Secretary of State (SOS) Jennifer Brunner, broke a tie vote by the Montgomery County Board of Elections (MCBOE) by ruling that State Sen. Jon Husted of Kettering, the candidate the Ohio GOP recently endorsed to run for her office next year, is not a resident for purposes of voting of his district, and therefore is not a qualified elector for his senate seat.
Citing Article II of the Ohio Constitution that requires state legislators to reside in their district for a year prior to election, Brunner, saying it is "Engaging in a legal fiction that a legislator remains a 'resident' of his district by virtue of holding office regardless of his actual, physical presence in the district violates this constitutional requirement," expressly rejected this rationale.
"While Senator Husted's subjective testimony claims an intention to return to a 'fixed' habitation, the weight of the evidence based on his actions and those of his family under the relevant legal provisions tip the scale so clearly against his assertions that I am convinced and hold the firm belief that he is no longer a resident of Montgomery County and therefore is not eligible to vote there," she wrote in her 12-page ruling.
“This is another partisan, political decision that is typical of Jennifer Brunner,” Husted told the Dayton Daily News (DDN). “During this dispute Jennifer Brunner failed to follow the law and exceeded her authority.” He told staff writer Lynn Hulsey he would "fight Brunner’s ruling so he can exercise his “right to vote in the November election.”
The DDN also included a statement issued by Chris Redfern, chairman of the Ohio Democratic Party. Redfern, who served in the Ohio House when Husted was Speaker, said this about Brunner's decision:
"Overwhelming evidence, including utility records and media investigations, shows that Jon Husted does not reside at the Kettering house. Today's ruling calls into question the legitimacy of Husted's candidacy for Secretary of State, because someone running to be Ohio's chief elections officer should follow Ohio elections law."
Husted issue back before deadlocked board of election
Brunner, a democrat elected in 2006 to the office held by Republicans for sixteen years prior, sided with the two Democrats of the MCBOE in casting her vote against the motion that Husted is a resident of 148 Sherbrooke Drive in Kettering in Montgomery County, the residence he claims is his home even though he lives with his wife and family in a an affluent first-ring suburb northwest of Columbus, home to the state capitol where Husted is a sitting member of the Ohio Senate.
According to Brunner's research, Husted's wife has been a registered voter in Franklin County and has voted there starting with the general election of 2002. Along with Husted's thirteen-year-old son who attends Upper Arlington High School, he and his wife also have a two-year-old daughter.
Notwithstanding the authority Brunner and the MCBOE have over these matters, the Ohio Senate retains the sole authority to determine who is or is not a member of the upper chamber. The Ohio Senate today, as it has been since 1984, is dominated by Republicans, who out number the loyal opposition 21-12.
Ruling sets political fires for all parties
Brunner's Monday evening ruling is guaranteed to set off partisan fires that could singe or even burn down Husted's political house, or even blow back and do the same to Brunner, who relinquished the office some thought she promised to run for to enter the race to replace Republican US Sen. George V. Voinovich, who announced he will not run for a third term next year.
Brunner is engaged in a fierce Democratic primary battle with Ohio Lt. Gov. Lee Fisher, and will need to beat him if she wants to face Rob Portman, a former Congressman from Cincinnati who the Ohio GOP endorsed to run for Voinovich's US senate seat. To date, Brunner is slightly behind Fischer in the polls and way behind him in fundraising.
Brunner's term as SOS has been chock full of controversial actions, from her dismissal in the first weeks of her first year of the entire board of elections for Cuyahoga County to decisions on various election-law matters that made it before the high Court, where her batting record since 2007 is less than stellar.
Her ruling became public late in the evening on Monday, pushing to the latest the week prescribed to her by the Supreme Court of Ohio (SCO) whose ruling last Monday favored Mr. Husted by forcing her to end nearly a year's worth of wrangling between the MCBOE and her office over whether various records and documents prove or disprove Husted resides in his district, and is therefore a qualified elector able to represent his district.
Brunner blamed the MCBOE for taking up most of nearly a year's worth of tussling over an issue dripping with political consequences.
Her written decision provided background on the case and walked everyone through the three state laws pertaining to residency for elected officials that she relied upon to make a decision that will reverberate across Ohio. Now, for the third time, the matter is again before the MCBOE, which has jurisdiction over Husted as it pertains to his being a qualified elector of his Sixth Senate District.
Husted served as a member of the Ohio House (2001-2008) and Speaker of the Ohio House from 2005-2008, when he was elected to the Ohio Senate.
Husted forces the action
Monday's late in the day decision was precipitated by Husted filing an action with the SCO on August 11th that sought a resolution to his case. Initiated in late October of 2008 by a non-profit group strongly allied with the Ohio Democratic Party and sympathetic supporters like unions and other progressive groups, the matter asked the MCBOE to initiate an investigation of Husted's residency and qualifications as an elector in Montgomery County.
Husted asked the Court, which obliged him with their ruling to Brunner one week ago, that she either dismiss the challenge to his eligibility to vote in Montgomery County or deny the challenge based on lack of evidence in the record.
Among the various reasons given to arrive at her ruling, Brunner relied heavily in part on federal court interpretations of the National Voter Registration Act. In her findings, she noted "that the consideration of the residence and voting precinct of a voter's spouse is an appropriate factor to consider in furtherance of a state's goal to see that all applicants fulfill the residency requirement."
Ohio has 88 county boards of elections, each run by two members each from the major political parties, Republicans and Democrats. In the event of tie votes, as was the case twice before with Mr. Husted, the Ohio SOS can break the tie vote.
For more info:
http://www.sos.state.oh.us/sos/upload/elections/tievotes/2009/20090921.pdf
http://www.examiner.com/examiner/x-23537-Columbus-Government-Examiner~y2009m9d14-Ohio-high-court-orders-Brunner-to-make-DDay-decision-on-Husted-by-next-Tuesday
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