IN THE SUPRF.

MF, COURT OF OHIO

STATE ex rel. STEVE CHRIS"I'OPHF,R

1657 C.R.I75 Case No.
Forcst, Ohio 45843,

Relator,
Original Action in Mandainus
vs.

HON. JF.NNIFER BRUNNER Expedited Election Case Under

OHIO SECRE"I'ARY OF STATE S.Ct. Prac. R. 10.9
I 80 Last Bi-oad Street
Columbus, Ohio 43215,

Respondent.

COMPLAINT FOR WRIT OF MANDAMUS

David R. Langdon (0067046) Richard Cordray (0038034)

Counsel of Record
Bradley M. Peppo (0083847)
LANGDON LAhJ LLC
11175 Reading Rd., Ste. 104
Cincinnati, Ohio 45241
(513) 577-7380
(513) 577-7383 I'ax
dlangdon(aylangdonlaw.com
tkidd ^langdonlaw.coin
bpeppo(a^,langdonlaw.com
01110 ATTORNEY GENERAL
30 E. Broad Street, 17r" Floor
C:olumbus, Ohio 43215
(614) 466-4320
(614) 466-5087 fax
Counsel for Respondent
Ohio Secretary qfState Jennifer Brunner

Couns•el for Rela[or Steve Christopher

 Now cotnes Relator Steve C.hristopher, on relation to the State of Ohio, and for his

Complaint for Writ of Mandamus against Respondent Ohio Secretary of State Jennifer Brunner,

states as follows:

INTROI)UCTIG3N

1. This is an original aetion for a writ of mandatnus to compel the Secretary of State

to certify Relator Steve Christopher as a candidate for the Republican Party's notnination for

election to the office of Ohio Attorney General and to instruct the county boards of elections to

place his name on the to the ballot for the upcoming Republican Party Primary election.

JURISDICTION

2. This court has original jurisdictiotl over this action pursuant to Article IV, Section

2(B)(I)(d) of the Oh io Constitutiott.

PARTIES

3. Itelator Steve Christopher is a qualilied clector residing in Hardin County who

desires to be a candidate for the Republican Party nomination for election to the office of Ohio

Attorney General.

4. Respotident Jennifet- Brunner is the Ohio Secretary of State and the chief elections

ofl cer of the State o['Ohio.

ALLECATIONS

5. R.C. Chapter 3513 sets forth the requirenients for ballot access for persons

desit-ing to become a candidale for a party nomination. In non-presidentiai primary years, such

petsons must fde a declaration of candidaey and petition on or be1'otx; the seventy-fifth day

be['orc the day of the primary election. The requirements for the form and content of the

declaration and petition are found in R.C. 3513.07.

 6. To qualify as a candidate for the Republican nomination for election to the office

o fA ttorncy General, Mr. Christopher needed to file, on or before February 18, 2010, a

Dcclaration of Candidacy and Petition containing (lie signatures of at least 1,000 electors who

are members of the Republican Party.

7. The Ohio Secretary of' State publishes Form No. 2-B, entitled "Declaration of

C:atididacy: Party Primary Election," for usc by persons desiring to become a candidate for a
,
party nommation.

8. On oi- ahout February 8, 2010, volunteers working on Mr. Christopher's behalf

began collecting signatures for Mr. Cht•istopher's candidate petitions.

9. On February 18, 2008, Mr. Christopher personally Piled his Declaration of

Candidacy and Candidate Petition (on Form No. 2-B) with the Secretary of State (hereal'ter

referred to as the "Petition.")

10. At the time of this fiting, the Secretary of State's office issued Mr. Christopher a

receipt, on Secretary of State Form 18, acknowledging that Mr. Christopher had filed

approxinnately 2,750 signatures. I'he receipt is time stamped as being received on February 18,

2010, at 12:29 p.m. A ti-ue and accurate copy of the receipt is attached as Exhibit 1 and made a

pat•t hereof.

I I . (minediately prior to filing the Petition, Mr. Christopher and a campaign

volunteer obtained copies of the part-petitions that he filed with the Secretary of State.

12. Mr. Christopher had in liis possession an additional 75 part petitions containing in

excess of 500 signatures of purpotted Ohio electors who are members of the Republican Party

which he did not (ile. (I-le still lias the originals of thesc petitions in his possession.) tle withheld
these additional petitions because Ohio law clearly requires the Secretary of State to reject

petitions ttiat appear to contain more than three thousand signatur-es.

13. tndeed, R.C. 3513.05 states that "the secretary of state sliall not accept or file any

such petition [for party nomination] appearing on its face to contain signatures of more than

three thousand electors."

14. Mr. Christopher withheld the additional 75 part petitions because he wanted to be

absolutcly ccrtain that lie did not file a petition that contained more lhati 3,000 signatures.

15. Upon inforrnation and belief, on March 5, 2010, the Secretary issued a press

release amiouncing the statewide candidates that she had certified to the ballot.' The press

release also announced the candidates that had filed petitions but which she had not certified to

the batlot. The press release on the Secretary's website contained a link to a spr-eadshect showing

the "number of part petitions sertt" and "the nurnber of signatures sent" by the Secretary to the

boards ofelections for verification, and the "number of valid part petitions," the "number of

invalid part petitions," and the "numbea- of valid signatures" reported to the Secretary by the

boards of elections.

16. The spreadsliect for Mr. Christopher indicated the following totals:

Number of'
Numbcr of Signatures
Part Number of Number of Number of Number ot' on Invalid Number of
Pctitiow Valid Part Valid lrwalid Invalid Part Part Signatures
Sent 13etitions Siinatures Signatures Petitions Petitions Sent

104 104 638 166 0 0 788

I'hc, press release is available on the Secretary 5 wehsite jl

htty nwwso, tit^ic.oh.u5/^OSlPres^kclcascs!'O10/2Q10-0i-( 5.aspx (last checked March 12, 2010).

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 17. '1'hus, even tliough Mr. Christopher submitted at least 242 part petitions

containing at least 2,352 signatures of purported Ohio electors, according to the Secretary's work

log which she released to the media, she only sent 104 part petitions containing 788 signatures of

purported Ohio electors to the boards ol'cleetions for their verification `

18. According to the Secretary's work log, Mr. Christopher's signature validation rate

was 81 %. If the Secretary had sent the 242 part petitions containing 2,352 signatures that Mr.

Christopher fited, Mr. Christopher would only have needed to attain a 43% validation rate to

have reached the requisite 1,000 signatures.

19. On March 5, 2010, the Secretary's oH ice sent a letter, which Mr. Christopher

received on March 8, stating that the Secretary was not certifying his candidacy due to a lack of

sufficient valid signatures. 1'he letter informed Mr. Christopher that he had only submitted 638

valid signatures and tllus his name would not appear on the Republican Party's ballot at the May

4, 2010 Primary Election. A true and accurate copy oithe letter is attached as Exhibit 2 and

made a part hereoi'.

20, On March 5, 2010, the Secrctary issued Directive 2010-42 to the county boards of

election. '1'his Directive contained the forin fot-the printary ballots for the major and minor

political parties, including the Republican Party. Mr. Christopher's name does not appear on the

form for the Republican Party primary.

21. On March 9, 2010, in response to Mr. Christopher's publicly stated objections to

the Secretary s reI'usal to certify his eandidacy, the Seeretary issued a press release wherein she

stated:

^ The Secretary's work log indicates a total of 788 sigmrtures sent to the boards of elections. But if you
calculate the totals in each row, the actual total nurnber of signatures is 804. In other words, the
Secretary's work log, which is prepared in an Excel spreadsheet, iniscalculates the number• of signatures
the Secrelary claims to have sent to lhc hoards of elections.

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 "Mr. Christophei- is an attorney. Most attorneys I know keep a copy for
thcir file when they file a document with a court or public office. It's what
we're taught to do in law schoot to keep good records for our clients, even
when we may be our own client."

"We haven't hear-d from Mr. Christopher, aad I'm surprised that he hasn't
just called or come to otu- office to try to resolve what he ctaims are
discrepancies between what was filed and what was examined by ttie
state's bipartisan boards of elections and found to be deficient. We would
be more than happy to work through this issue with Iiim, it'he would ask
us."

22. On March 10, 2010, in response to the invitation in the Secretary's press release,

Mr. Christopher contacted the Secretary's office, through counsel, and indicated his willingness

to "work through thic] issue" with the Secretary. Mr. Christopher, through his counsel, advised

the Secretary's attorneys that he would provide the Secretary's office with copies of part

petitions that Mr. C.hristopher had filed but which the Secretary's office claims to not have in its

possession. Mr. Christopher's counsel further requested that, upon i-eceipt and review of those

part petitions, ttlat the Secretary immediately forward them to the county boards of elections for

verification.

23. On March 12, 2010, Mr. Cht-istopher, through counsel, sent copies to the

Seeretary ot' 140 part petitions containing in excess of 1,500 signatures of purported electors who

are members of thc Republiean Party. Although the originals o('these part petitions were filed by

Mr. Christopher on I^ebruaty 18, 2010, according to ttie Secretary, her office did not send any of

thein to the county boards ot'eleetion for verification.

24. Despite her invitation to "work through this issue" with Mr. Christopher, as of the

time this Complaint was signed, the Secretary had reftised to send the 140 part petitions to the

counf:y boards of elections lor verification and had refused to instruct the county boards of

election to place Mr. Christopher's name on the ballot pending final determination of whether
Mr. Christopher had submitted a sufficient number of signatures to qualify for certification to the

ballot.

25_ Upon information and belief, the Secretay's staffhas been searching the

Secretary's office for the missing petitions that Mr. Christopher filed on February 18, 2010.

CLAIM FOR WRIT OF MANDAMUS

26. Relator restates the allegations in paragraphs I through 25 as if fully restated

herein.

27. Relator's Petition satisfies the requirements of R.C. 3513.05 and other applicable

provisions of Ohio election law. Notwithstanding the invalidation of some signatures, the

Petition which Relator filed with the Secretary of State on February 18, 2010 contains a

sufficient number of valid signatures of electors who are members of the Republican Party.

28. Accordingly, the Secretary has a clear legal duty to certify Relator as a candidate

for the Republican nomination foi- election to the office of Ohio Attorney General and to instruct

the county boards of election to place his name on the ballot for the Republican Primary election

on May 4, 2010.

29. In the altei7iative, the Secretary has a clear legal duty to send all of the part-

petitions that Relator filed with her office on February 18, 2010, to the county boards of'eleetions

for verification and, upon being informed by the boards of elections that Relator's Petition

contains 1,000 or more valid signatures, to certify Relator's candidacy and instruct the county

boards of efections to place his name on the Republican Primary ballot.

30. The Secretary abused her discretion and acted in clear disregard of the law by not

sending Mr. Christopher's Petition to the boai-ds of election for verification and by not certifying
Mr. Chi-istopher`s candidacy for the Republic.an nomination for election to the office of Ohio

Attorney General.

31. Relator has a clear legal right to be eertified as a candidate and to have his name

placed on the ballot for the Republican Party primary. In the alternative, Relator has a clear legal

right to have the entirety of the Petition that he filed with the Ohio Secretary of State on February

18, 2010, sent to the boards of election for verification oi'the signatures.

32. Relator has no adequate rernedy at law.

WHEREFORE, Relatot• prays for judgment against Resportdent and that the Court:

A. Adjudge, decree and declare the riglits and other legal relations of the parties to

the subject inatter in controversy in order that such declarations shall have the

force and effect of'{"inal judgment and Chat the Court retain jurisdiction of this

matter for the purpose of enforcing the Court's Orders;

13. Issue a Peremptory and/or Permanent Writ of Mandamus directing the Secretary

to certify Relator as a eandidate for ttte Republican Party's nomination for

election to the office of Ohio Attoi-ney General and to instruct the county boards

of election to place his name on the Republican Pritnary ballot for May 4, 2010;

or

C. In the alternativc, issue a Peremptory and/or Permanent Writ of Mandatnus

directing the Secretary to send ihe Petition whicti Relator filed on Fcbruary 18,

2010, including the copies of the part petitions provided by Relator to the

Secretary after learning that the Secretary had misplaced the originals, to the

county boards of elections for verification and, further, upon hearing from the

boards that Refator subrnitted 1,000 or more signatures, to certity Relator as a

-7-
 candidate for the Republican nornination for election to the office of Ohio

Attorney General;

D. Issue an Alternative Writ staying the Secretary's decision uot to certify Relator as

a candidate and, further, directing the Secretary to instruct the county boards of

elections to place Relator's name on the Republican Primary ballot pending the

Court's resolution of Relator's mandamus claim;

E. Award Itelator his costs and expenses incurred in bringing this action, including

his reasonable attorney fees; and

F. Grant such other and further relief as the Court deems equitable, just and proper.

Respectfully submitted,

//a1i L0/4 a vnq 0 1

David R. Lang on (0067046) -7 g5"^Y P
('otensel of 2ecord
Bradley M. I'eppo (0083847)
LANGDON Lnw LLC
I 1 175 Reading Rd., Ste. 104
Cincinnati, Ohio 45241
(513) 577-7380
(5I3)577-7383 fax
dlangdon@langdonlaw.com
bpeppoP.langdonlaw.com

CoaFfzsel for Relator Sleve Christopher

 AFF AV['f

STATE OF OHIO
ss.
COUNTY OF HARDIN

I. Steve Christopher, being first dnly sworn according to law, depose and state that I have

read the foregoing f:oinplaint for Writ of Mandatnus and the statements eontained in the

Complaint, which are incorporated and made, a haa-t of this Affidavit as if completely rewritten

herein, are true based on ttty personal knowletlge, and I am conipetent to testify to samc.

S'kvorn to arid subscribed bctiii-e me on this 12"' day of March, 20I0.

DEANGU
--._, S^eda
?I, 304
 PRAECIPE TO CLERK

Please serve the foregoing Complaint for Writ of Mandamus on the Respottdent named

herein, as foll(iws:

HON. .IENNIF'E,R BRUNNL'R

Ohio Secretary of State
180 East Broad Street
Columbus, Ohio 43215

^^^/P,a ^s^^A
° David R. Langdoti (0067046)

CERTIFICATE OF SERVICE

1'he undersigned certiFes that a eourtesy copy of the f'oregoing Complaint for Writ of

Mandanius was served by electronic mail oti ttte 12`" day oi' March, 2010 upon the following:

Rrian Shinn
hslunn rrsos.st ite.ob, Es
Aaron I). Epstcin
Aaron Lps- eirt^tiiohioattonrey^r^cral.^o^_
Damian Sikora
I?amt^in.5il:ot t ^cro^tt^attotncl:g^^iut^_.eq_v_
Richard N. Coglianese
ILicharcl.C;ggh wc 5c'rr!o_ hso ittoenc^^< nc_^tLt^gv
I'carl Chin
Pcntl C h^n'^t ohioattorttcv^erteral. ^ov_

14di4
- J - --->
avid R. Langdon (0067046)
 Fomi No. 18 Prescdbed by Sccretary ofState (42•10)

PETITION FILING FORM ANDI ^ i t I^y ej;

CANDIDATE FINANCIAL DISCLOSIII2E FORM ACKNOWLEDGMENT
To bc completed by ail candidates for state office and state board of education member
Revised Code 102.02, 102.09

Name of candidatee C^s`z 12^{1e_,(

Office sought---- I{'Yvtf,4 (\ PY^eJ'^^ : { . ... . .----- ..

Approximate number of petition signatures filed__ c2 --7 50 ^

Filing i`ee Paid

Date of 6ling_

Name of election officiai receivingfiling^}^j ra n a(L ^^Q wn F E 1 F+rtnc covn5et

CANDIDATE FINANCIAL DISCLOSUI2E FORM ACKNOWLEDGMENT

ParsuanR to ILC. 102.09(A), the Secretary of State is reqnired to furnish to each candidate for
eiective office who is required to file a tanancial disclosure statement by B.C. 102.02, a tiaancial
disclosure form and to notify the appropriate ethics commission ( Ohio Ethics Commission or Board
of Commissioners on Grievances and Discipline of the Supreme Court of Ohio) within FiReen days
of certification of the natnc of the candidate. The caradidate shall acknowledge receipt of the
6nanciai disclosure form in writing.

hereby acknowledge that the Secretary of State has

(Nimic or candidate or compaign renrescntetive)
provided me with a financiai disclosure statement. Aithough a candidate may authorize asampaign
representative to sign this form on behalf of the candidate, under Ohio law the candidate is
responsibie for filing a fiuanciai disclosure statement as required by ILC. 102.02.

N^
Dated this ( ^ -° day of

^/
1--
(Signature of candid or campatgn r resentat ve)

EXHIBIT I
 .YEFINIFER BRC1NNER
OHIO SECRETARY OF STATE

100 GAST BROAD S}gEET. 16TH FLOOR

CDLUM9US.O110 43215 USA

TeLU1-877-767-0446 FAZ1-614-644-0645
WbVI@', SO^"-4lA'1 E.OlIUB

March 5, 2ozo

Steve Chri,Gtopher
1657 C.R. 175
Forest, OH 45843

Re: Declaration of candidacy and petition

Dear Mr. Christopher:

On February 18, 2ozo, you filed a declaration of canclidacy and petition with the Ohio Secretary
of State's office seeking the Republicair Party's nomination for the oflice of Attorney General at
the May 4, 2010 PrimaryElec'tion.

I regreL to inforrn you that your candidacy was not certified due to a lack of sufficient valid
signatares. Ohio law requires at least tooo valid signatures from Ohio electors who are
affiliated with the same political party as the candidate or who are unaffiliated. You only
submitted 638 valid signatures with your declaration of candidacy and petition. "I'his means
that your name will not appear on the Republican Part,y's ballot at the May 4, 2010 Primary
Election.

You may contact Brian E. Shinn, Assistant General Counsel and Chief Elections Counsel, at 614-
466-25£3g, if'you have any questions.

Sinccrely,

^ j^✓r/ ^ ^/l✓ (^ ^,
Michael Rankin
Assistant Secretary of Stat

EXHiBIT 2