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Case No. 2007-1291

IN THE SUPREME COURTOF THE STATE OF OHIO

STATE OF OHIO EX RELA TIONEMITCHELL W. ALLEN, ET AL.

Relators,

V.

WARREN COUNTY BOARD OF ELECTIONS, EL AL.,

Respondents.

Original Action for Mandamus

AFFIDAVIT AND EVIDENCE SUBMITTEDBY RESPONDENTS

Curt C. Hartman (0064242)The Law Firm of Curt C. Hartman3749 Fox Point CourtAmelia, Ohio 45102Phone: (513) 752-8800

Rachel A. Hutzel (055757)Keith Anderson (0003358)Office of the Warren County Prosecutor500 Justice DriveLebanon, Ohio 45036Phone: (513) 695-1325

Counsel for RealtorsMitchell W. Allen and Jim Whitaker

George M. Parker (0046664)P.O. Box 432Mason, Ohio 45040(513) 398-4646

Pro se Representation

Counsel for Respondents

AUG 3 1 i00'

CLERK OF COURTSUPREME COUR7 OF OHIO

SUPREME COURT OF TI-IE STATE OF OHIO

STATE OF OHIO EX REL. . Case No. 2007-1291MITCHELL W. ALLEN,

and

STATE OF OHIO EX RELATIONEJAMES A. WHITAKER, JR.

and

STATE OF OHIO EX RELATIONEGEORGE M. PARKER,

Relators,

v.

WARREN COUNTY BOARD OF ELECTIONS :

and

DAVID FORNSHELL,in his official capacity as a member of theBoard of Elections of Warren County, Ohio

and

LESLIE J. SPAETH,in his official capacity as a member of theBoard of Elections of Warren County, Ohio

and

BARBARA SIZEMORE,in his official capacity as a member of theBoard of Elections of Warren County, Ohio

and

BEVERLY A. MOORE,in his official capacity as a member of theBoard of Elections of Warren County, Ohio

AFFIDAVIT ANDEVIDENCE SUBMITTEDBY RESPONDENTS

Respondents.

I, Michael E. Moore, being first duly cautioned and swom, do hereby swear as

follows:

1. I am the duly appointed Director of the Warren County, Ohio Board of

Elections (hereinafter referred to as Board) and I have personal knowledge of the facts

contained herein and knowledge of all training procedures and access to all records of the

Board.

2. As Director of the Board, I oversaw and participated in the primary

election held on May 8, 2007, in Warren County, Ohio.

3. Also as Director of the Board, I have access to and have examined all

documents attached hereto as Exhibits 1 through 11.

4. Respondent's Exhibit No. I attached hereto is a copy of an informational

poster that was publicly and openly displayed in all polling places located within the

Mason Municipal Court District. Said poster notified voters that the primary election was

a Republican primary, that voters could choose either a Republican ballot or an "issues

only" ballot and the consequences such choice would have on a voters party affiliation.

5. Exhibit 2 attached hereto is a copy of one page of the Voter Precinct

Signature Roster for Precinct No. 161, the precinct where Realtor George Parker voted.

Exhibit 3 is a copy of two pages of the Voter Precinct Signature Roster for Precinct No.

171, the precinct where Realtor Mitchell Allen voted. Exhibit 4 is a copy of two pages

from the Voter Precinct Signature Roster for Precinct No. 128, the precinct where Realtor

James Whitaker voted.

6. The left hand column of each page of the Voter Precinct Signature Roster

indicates the name, address, and signature of the Voter as it appears on that Voter's

2

Registration form. The center column indicates the Voter's Political Party Affiliation, if

any, identified as Rep for Republican, Dem for Democrat, and NP for Non Partisan. If a

voter participated in the primary election, the poll worker indicates which ballot was

chosen by the voter by either circling the typed status (Dem, Rep, or NP) or where the

voter chooses a ballot other than that indicated as his or her party affiliation, the poll

worker marks the center column with an R if a Republican ballot was requested, or I if

issues only was requested and provided.

7. Exhibit No. 2 indicates that Relator George Parker was registered as a

Republican and took a Republican ballot for the primary election. Exhibit 3 indicates that

Relator Mitchell Allen was registered as a Republican and took a Republican ballot for

the primary election, while Yasmeen Allen, from the same address as Relator Allen, was

registered as a Democrat yet took a Republican ballot for the primary. Exhibit 4 indicates

that Relator James Whitaker was registered as a Republican and took a Republican ballot

for the primary election.

8. Each of the Exhibits 2, 3, 4 also indicated that "issues only" ballots were

available at each of the three precincts as evidenced by notations thereon that some

registered Republicans as well as registered Democrats chose "issues only" ballots.

9. Exhibits 5, 6, and 7 are copies of three separate pages from the Official

Poll Book from the May 8, 2007 primary, which contains the name, address, and Ballot

Stub Number of each participating voter who voted a Republican ballot in the May 8,

2007 primary. Exhibit 5 indicates that Relator George Parker voted a Republican ballot

and is consistent with the notation on Exhibit No. 2. Exhibit 6 indicates that Relator Allen

voted a Republican ballot and is consistent with the notation on Exhibit No. 3. Exhibit 7

3

indicates that Relator Whitaker voted a Republican ballot and is consistent with the

notation on Exhibit No. 4.

10. Exhibit No. 8 is a copy of the Voter Data and History of Realtor George

Parker.

11. Exhibit No. 9 is a copy of the Voter Data and History of Realtor Mitchell

Allen.

12. Exhibit No. 10 is a copy of the Voter Data and History of Relator James

Whitaker.

13. Exhibit No. 11 is a copy of the Record of Proceedings, or Minutes of the

Warren County Board of Elections meeting held on July 3, 2007.

14. 1 hereby certify that all those Exhibits referred to herein and attached

hereto as Exhibits I through 11, are true and accurate copies of the original of such

records kept by the Warren County, Ohio Board of Elections and that all records referred

to herein are applicable to the primary election held May 8, 2007, in Warren County,

Ohio.

FURTHER AFFIANT SAYETH NAUGHT.

A()^

Michael E. Moore, DirectorWarren County Board of Elections

Sworn to and subscribed before me on this ^ Oday of 4d 01 , 2007.

Kaikt W. f1eDTRSChl, Ntcrney at Lalv14O(nf1Y °I13L^C. 9,...^ QG OHIOMy CemRJyeUn t.E7 -, expirationdate. Sectlon 147.03 R. C.

4

Respectfully submitted,

RACHEL A. HUTZELPROSECUTING ATTORNEYWARREN COUNTYPROSECUTOR'S OFFICE

BY: Keith W. Anderson (0003358)Counsel for RespondentsAssistant Prosecuting AttorneyWarren County Prosecutor's Office500 Justice DriveLebanon, Ohio 45036513/ 695-1325Fax: 513/ 695-2962

Certificate of Service

I hereby certify pursuant to consent of apposing council, I cause or will cause acopy of the foregoing to be served via email ([email protected] andparker eo(a^aol.com) upon the following, this 30th day of August, 2007; Curt Hartman,Esq., The Law Finn of Curt C. Hartman, 3749 Fox Point Court, Amelia, Ohio 45102,attomey for Mitchell W. Allen, Esq., and Jim Whitaker, Esq., and Hon. George M.Parker, in pro se, P.O. Box 432, Mason, Ohio 45040.

GfiKeith W. Anderson (0003358)

5

ATTENTION VOTERS[(MASON MUNICIPAL COURT DISTRICT ONLY)

THIS IS A REPUBLICAN PRIMARY ELECTION.

YOU MAY CHOOSE A REPUBLICAN BALLOT

THAT ALSO CONTAINS THE ISSUES, OR YOU

MAY CHOOSE AN "ISSUES ONLY" BALLOT.

IF YOU CHOOSE A REPUBLICAN BALLOT,

AND ARE NOT CURRENTLY A REPUBLICAN,

YOUR PARTY AFFILICATION WILL CHANGE

TO REPUBLICAN AND CANNOT BE CHANGED

AGAIN UNTIL THE NEXT PRIMARY ELECTION

OF MARCH OF 2008. IF YOU ARE A REPUBLICAN

AND CHOOSE "ISSUES ONLY", YOUR PARTY

AFFILIATION WILL CHANGE TO NON-PARTISAN.

VOTER PRECINCT SIGNATURE ROSTER PAGE

08 MAY 07 PR - SPECIAL/PRIMARY 161 - HOPE EVANGELICAL FREE CHURCH

54

PARAMORE, SNODE A TII 161-015562 BAYWATCH WAY #204 MA 45040 2nd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

STUB #

PARKER, GEORGE MATTHEW 161-018350 ASHMONT WAY MA 45040 2nd C G. I T.MASON CITY SCHOOL 35th HOUSE DIST.

Rep

-72- --------- ------ --._..__STUB1t

PATRICK, JOYCE 161-015644 BAYWATCH WAY 204 MA 45040 2nd C G. DIST. RepMASON CITY SCHOOL 35th HOUSE DIST,

STUB #

PEEBLES, BRENT M 4^ 161-015705 MEADOWVIEW DR MA 45040 2nd CONG. DIST. RepMASON CITY SCHOOL 35th HOUSE DIST. ^

......043. P

STUB #

PEEBLES, LAURA M 161-015705 MEADOWVIEW DR MA 45040 2nd CONG. DIST.MASON CITY SCHOOL 35th HOUSE D1ST.

Rep

Z, .^°f ^ LL^e67 % ^._....

STUB #

PEFFLY, DEANNA L 161-018240 CORA CT MA 45040 2nd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

/^_^^^*Inactive-NoActivity*

STUB #

PEKAREK, JAMES B +^ 161-018649 WOODLAND POINTE MA 45040 2nd CONG. DIST. NPMASON CITY SCHOOL35th HOUSE DIST.^

STUB# ^

PEKAREK, TRACY L 161-018649 WOODLAND POINTE MA 45040 2nd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

----STUB#

PERKINS, JANA FRAZIER 161-018371 OAKDALE CT MA 45040 2nd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

--._....--...

--STUB 4

30 APR 07 PRECINCT 161 CONTINUES

VOTER PRECINCT SIGNATURE ROSTER p

08 MAY 07 PR - SPECIAL/PRIMARY 171 - MASON EARLY CHILDHOOD CENTEFABDULLAI3, FUAD G amme3515 HELENDALE CT MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

- ------ - ------

17

C. /

STUB#

ABDULLAH, ISHA A samow3515 HELENDALE CT MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

1a^01 r

/ J / 1nAVLa

^// /!L( '//! .STUB._..__ ____._.......

ADAMS, DAVID B6181 BREWER RD MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

.cl ^^Re

12f ; •

zSTUB#

ADAMS, MARY GRIMES 171-016181 BREWER RD MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

Lf^^iIn t Zt' /(C' ^

NP

STUB #

AHSAN, SARWAT6555 WILDER WOODS WAY MA 4 040

17 -0^

^' •5 3rd CONG. DIST.

MASON CITY SCHOOL 35th HOUSE DIST., 1

^E • f.n v '^g

^R Jt'vL-^ 41..,017'n

( /+ !

( J^

Ŝ ^{

ALLBRITTIN, JOHN L 4^ 1 71-01 ^4188 VILLAGE RIDGE DR MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

Dem

. ^.

ALLBRITTIN, LISA WORNLY4188 VILLAGE RIDGE DR MA 45040 3rd CONG. DIST.

-01Dem

MASON CITY SCHOOL 35th HOUSE DIST.

ALLEN, MITCHELL WADE4035 WESTRIDGE DR MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

71-O1ReP

^

ST1^B #

ALLEN, YASMEEN4035 WESTRIDGE DR MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

1 ^

17 - 1

.

___ ._..:_... ._._. - __...../

STUB #

PRECINCT 177 CONTINUES

ABDU - ALLE

VOTER PRECINCT SIGNATURE ROSTER PAGE 51

08 MAY 07 PR - SPECIAL/PRIMARY 171 - MASON EARLY CHILDHOOD CENTERSIIvGURI, SANJAY ANAND 171-013677 PINNACLE LN MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE D1ST.

NP

STUB #

SIVIK, LINDA M toomma 171-014424 VILLAGE RIDGE DR MA 45040 3rd CONG.MASON CITY SCHOOL 35th HOUSE D1ST.

Rep

STUB #

SIVIK, MARK ROBERT4424 VILLAGE RIDGE DR MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

SLEZAK, KATHRYN A ll^6525 CHERRY LEAF CT MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE D1ST,

SLEZAK,STEVEN LYNN6525 CHERRY LEAF CT MA 45040MASON CITY SCHOOL

SLOAN, AMY REBECCA5822 MAXFLI LN MA 45040MASON CITY SCHOOL

SLOAN, ANDREW R5822 MAXFLI LN MA 45040MASON CITY SCHOOL

SMIT, JOHN C JR mow4283 VILLAGE RIDGE DR MA 45040 33d CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

SMIT, SAMANTHA RAE 4mowmp4283 VILLAGE RIDGE DR MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

^A^^'ca^tOl

nina3rd CONG. DIST.35th HOUSE DIST.

owsomw3rd CONG. DIST.35th HOUSE DIST.

qomoft3rd CONG. DIST.35th HOUSE D1ST.

STUB #

STUB #

171-01NP

STUB 4

171-01NP

*Inactive-No Activity*

STUB 4

171-01NP


'.4^

STUBN

171-01NP

STUB 4

171-01NP

STUB #

30 APR 07 PRECMCT 171 ONTINUES

Weno

SHAR - SMIT

VOTER PRECINCT SIGNATURE ROSTER

08 MAY 07 PR - SPECIAL/PRIMARY 128 - MASON METHODIST CHURCH

PAGE 33

FIESSIIVGER, LISA SUSANNA 4NOW 128-014765 APPALOOSA TRL MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

Rep

STUB #

FINN-DELUCA, VALERIE 128-014743 GALLOP RUN MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

^1 1 UQ$U^I nA D^1L.r,^ .t7 l l t Q

Rep^

f1GD).

•

t^ ,1

^^^x ^ ----- --------STUB #

FLANNERY, LISA M fAsmum3200 FALCON RIDGE DR LE 45036 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

12$ 01NP'^ ^ ^

STUB#

FLANNERY, MARK J imwm3200 FALCON RIDGE DR LE 45036 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

12 -01NP ^

(^_

. ,.•^... ,,_.. _.. _ .. .

( ^" . . .---`•.--" .

STUB #

FOSTER, BRENT qmimm 128-013854 ELTER LN MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

NP

r•^^ ^^' . _.._...__-_-__._..___._-____-_.__.__._____..__.___.--..._..

TUB #

FOWLER, KYLE J +Imonom 128-013757 WINDYHOLLOW WAY MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

NP

/' Y'^^W^' ' ------------'---------'--._.._.------._.....-.STUB #

FRANKLIN, PATRICIA SUE qm^ 128-013960 ELTER LN MA 45040 3rd CONG. D1ST.MASON CITY SCHOOL 35th HOUSE DIST.

NP

C^/^.^a^^[,^/},

/ ...--- -.____ -._..

- T^

FRAZEE, DAN A w^ 128-014930 MUSTANG TRL MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

Rep

_^^}_C^( ...__.-_.._.... -...-._..._._

STUB #

FUSSNECKER, REBECCA R 128-014956 APPALOOSA TRL MA 45040 3rd CONG. DIST.MASON CITY SCHOOL 35th HOUSE DIST.

NP

STUB #

30 APR 07 PRECINCT 128 CONTINUES

RVF.C - FTTqls

VOTER PRECINCT SIGNATURE ROSTER

08 MAY 07 PR - SPECIAL/PRIMARY 128 - MASON METHODIST CHURCH

PAGE 100

WANG, YU doom 128-014480 DEVON CT MA 45040 3rd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

*Ab B ll *N00007

sentee a ot

STUB #

WEISGERBER, KATHERINE T 128-013755 THORNGATE DR MA 45040 3rd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

STUB 7

WELLS, LARRY DALE SR ^!E 128-014940 BETHANY RD MA 45040 3rd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

-^

STUB #

WELLS, VICKIE L 128-014940 BETHANY RD MA 45040 3rd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.


STUB^J!

WEST, BECKY ANN 128-013419 PALOMINO TRL MA 45040 3rd CONG. DIST. DMASON CITY SCHOOL 35th HOUSE DIST.

^

x e2C^ CZ LJ4^1z^

STUB #

WEST, JUSTIN TAYLOR 128-013419 PALOMINO TRL MA 45040 3rd CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

TUB #

WEST, WARD THOMAS amom 128-013419 PALOMINO TRL MA 45040 3rd CONG. D1ST. Dein-MASON CITY SCHOOL 35th HOUSE DIST. if-/ "

^^^^^------STUB #

WHITAKER, JAMES ANDREW low-w 128-013210 FOXVIEW PL LE 45036 3rd CONG. DIST. RepMASON CITY SCHOOL 35t1iHOUSE DIST.

916NATURC U ® N

STUB #

WHITE, ANN ELIZABETH 128-014874 APPALOOSA TRL MA 45040 31d CONG. DIST. NPMASON CITY SCHOOL 35th HOUSE DIST.

^ I y2G4 G W V(i(}ri(^

STUB #

30 APR 07 PRECINCT 128 CONTfNUES

REPUBLICAN VOTERSComplete Names, Complete Addresses and Ballot Stub Numbers to be WRITTEN B'izAN ELECTION OFFICER

NAMES IN FULL COMPLETE ADDRESS STUBNo.

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62.Du vrec, (,.e^c C a l.cr vL e 39,76 UJ;ncf aIOW Ll/a 5c--t z/SO5( a ô

63. /yl;Ilhr' caK4nf,^9a/b`7164. ^ rG n c^ ^' 1l1 /?^CiJG1V y 5 Q y ^t

65.^J 1J^ L^/ ^J G^ L f ^.^1^ i^ 3^ ci Q ^

66. - Ô F3 xnr r 7

67.

68.

69.3 ^'. . T^• ZT z- ^ - - Asn

70.

71..

72. ^-+

73.^

34- ' ` .;srz.e e cs%

y„^ ^ G5 7 S'

74. ,n 1^ ? Li- F r^ ! :

^7

:3/' r4 nô ^: •-^/t5c»4-SL'?fc D ^

/

fO75.

^T- z -776.

l'P1 . rY ^ -7 ^z .+-s . (. ' .tJ (7^^

REPUBLICAN VOTERSComplete Names, Complete Addresses and Ballot Stub Numbers to be WRITTEN BY AN ELECTION OFFICER


21.

22.

23.PEE r

24.5 lHLF7 _

25. ^ ^-26.l ia+ko, JA)CS L)(-fe

27.GK

i l- l c-- 4228.^ ^. l,;i IQJL^^ae JS

29.

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( C ^L L l ^37.

38.

39.

40. ^

i

REPUBLICAN VOTERSComplete Names, Complete Addresses and Ballot Stub Numbers to be WRITTEN BY AN ELECTION OFFICER


sl.scw,ôPE K1r7N2 A) ^ZSB êq c7 cxJ D G' z

62.Efi'BzES CW£ AJ r' SZD.S midOCCV/c u^ mAdan) . O l0 3

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64.F 6LE 70NA ol ) S^3! cSc^ /ol U II¢ Ô Rd ^ (o s'

65.Z>9.u T;et, cuJ fnn 61 S 7rac^ Xaarn-,66.t ro^v Kt^ ^,z3a GHeze o^tl^ ^r Gyi4ss^ 0 G

67.&-,19 7Z9N ^ ss E ^^;^6 Ch68.

Aa a^ns flxêû .^ a^^^ r^ 0 !P '. 969..

A< ^T Ssoo arbo oCe 1Jecu aBoyJ O' 7 a70.

!il„E faYJ yr 93 S/aY^ ^v © f71. .

A- P^. 7 Z.72.

oSGI^D TH T ^S 65^ 2 - v,âvrs' r. ^43°w ^ ? ^73.

O 4TE V rJ 3 z 7^bours ' Z)r. i9sotJ . C^ t/74.V^CC o .. 04^ haz' ^ ^• f2(aech O 7 ^

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76.

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78.x/wJ^ Ê v!/vC 8258 co/^4 courf avi ^ 7 g

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S0. 8292- cAen-z,a(o&_; pPaee 4

VV1L'K LAlt1 & RlO1vtC1

GEORGE MATTHEW PARKER STPOLLWORKER?: NO NATURALIZED?: N STATE: OHPARTY: Republican Party REG. DATE: 5/04/1992 LAST CHG.: 5/08/2007CONGRESS: 2ND CONG DISTRICT HOUSE: 67TH HOUSE DISTSCHOOL: MASON CITY SCHOOL WARD:

RESIDENTIAli ADDI -D'fAILING -P17DRES S8350 ASHMONT WAY 8350 ASHMONT WAYMASON, OHIO, 45040 MASON, OHIO, 45040

GEORGE MATTHEW PARKER - VOTING HISTORYELECTION ABSENTEE? BALLOT

5/08/2007 SPECIAL/PRIMARY N Rep11/07/2006 GENERAL ELECTION N5/02/2006 PRIMARY N Rep

11/08/2005 GENERAL N8/02/2005 GENERAL/SPECIAL N6/14/2005 SP. PRIMARY ELECTION N Rep5/03/2005 SPECIAL ELECTION N

11/02/2004 GENERAL N3/02/2004 PRIMARY N Rep

11/04/2003 GENERAL N11/05/2002 NOVEMBER GENERAL N5/07/2002 MAY PRIMARY ELECTION N Rep

11/06/2001 NOVEMBER GENERAL N5/08/2001 PRIMARY/SPECIAL N Rep

11/07/2000 GENERAL ELECTION N3/07/2000 MARCH PRIMARY N Rep

11/02/1999 NOVEMBER GENERAL N11/03/1998 NOVEMBER GENERAL N8/04/1998 AUGUST SPECIAL N5/05/1998 MAY PRIMARY ELECTION N NP

11/04/1997 NOVEMBER GENERAL N11/05/1996 NOVEMBER GENERAL N3/19/1996 PRESIDENTAL PRIMARY N Rep

11/08/1994 NOVEMBER GENERAL N5/03/1994 MAY PRIMARY N Rep

11/02/1993 GENERAL ELECTION N5/04/1993 MAY 4TH SPECIAL N3/16/1993 PRIMARY ELECTION N Rep

11/03/1992 GENERAL ELECTION N

WALKIN?

7/02/07 11:14:21 VRBP46 END

VOTER DATA & HISTORY

VJTCHELL WADE ALLENPOLLWORKER?: NO NATURALIZED?: N STATE: OH PRE/SPLc 171/1PARTY: Republican Party REG. DATE: 4/22/1983 LAST CHG.: 5/08/2007CONGRESS: 3RD CONG DISTRICT

SCHOOL: MASON CITY SCHOOLHOUSE: 67TH HOUSE DISTWARD:

^IE^TD^NTIAL ADDRESS MAILING ADDRESS4035 WESTRIDGE DRMASON, OHIO, 45040

4035 WESTRIDGE DRMASON, OHIO, 45040

MITCHELL WADE ALLENELECTION

- VOTING HISTORYABSENTEE? BALLOT WALKIN?

5/08/2007 SPECIAL/PRIMARY N Rep11/07/2006 GENERAL ELECTION N5/02/2006 PRIMARY N Rep

11/08/2005 GENERAL N5/03/2005 SPECIAL ELECTION N

11/02/2004 GENERAL N11/04/2003 GENERAL N Y11/05/2002 NOVEMBER GENERAL N11/06/2001 NOVEMBER GENERAL N11/07/2000 GENERAL ELECTION N3/07/2000 MARCH PRIMARY N Rep

11/03/1998 NOVEMBER GENERAL N11/04/1997 NOVEMBER GENERAL N11/05/1996 NOVEMBER GENERAL N11/07/1995 NOVEMBER GENERAL N11/08/1994 NOVEMBER GENERAL N11/02/1993 GENERAL ELECTION N11/03/1992 GENERAL ELECTION N11/05/1991 GENERAL ELECTION N11/06/1990 GENERAL ELECTION N11/08/1988 GENERAL ELECTION Y

7/02/07 11:21:41

VV1tjiC LHlA & ri1,51VKY

JAMES ANDREW WHITAKER STPOLLWORKER?: NO NATURALIZED?: N STATE: OHPARTY: Republican Party REG. DATE: 10/07/1974 LAST CHG.: 5/08/2007CONGRESS: 3RD CONG DISTRICT HOUSE: 67TH HOUSE DISTSCHOOL: MASON CITY SCHOOL WARD:

MAILINU ESS3210 FOXVIEW PL 3210 FOXVIEW PLLEBANON, OHIO, 45036 LEBANON, OHIO, 45036

JAMES ANDREW WHITAKER - VOTING HISTORYELECTION ABSENTEE?

5/08/2007 SPECIAL/PRIMARY N11/07/2006 GENERAL ELECTION N11/08/2005 GENERAL N5/03/2005 SPECIAL ELECTION N

11/02/2004 GENERAL N3/02/2004 PRIMARY N

11/04/2003 GENERAL N11/05/2002 NOVEMBER GENERAL N5/07/2002 MAY PRIMARY ELECTION N5/08/2001 PRIMARY/SPECIAL N

11/07/2000 GENERAL ELECTION N3/07/2000 MARCH PRIMARY N

11/02/1999 NOVEMBER GENERAL N11/03/1998 NOVEMBER GENERAL N5/05/1998 MAY PRIMARY ELECTION N

11/04/1997 NOVEMBER GENERAL N11/05/1996 NOVEMBER GENERAL N3/19/1996 PRESIDENTAL PRIMARY N

11/07/1995 NOVEMBER GENERAL N5/02/1995 MAY SPECIAL ELECTION N

11/08/1994 NOVEMBER GENERAL N11/02/1993 GENERAL ELECTION N11/03/1992 GENERAL ELECTION N6/02/1992 PRIMARY ELECTION N

11/05/1991 GENERAL ELECTION Y11/06/1990 GENERAL ELECTION N11/07/1989 GENERAL ELECTION N11/08/1988 GENERAL ELECTION N11/03/1987 GENERAL ELECTION N11/04/1986 GENERAL ELECTION N5/06/1986 PRIMARY ELECTION N

BALLOT WALKIN?

7/02/07 11:12:29 VRBP46 END

Minutes of

Held

RECORD OF PROCEEDINGSar'ren County Board of Elections

20 07

Minutes of Warren County Board of Elections MeetingJuly 3, 2007

The meeting was called to order at 9:00 a.m. by Chairman Leslie J. Spaeth, withBeverly A. Moore, Barbara Sizemore and David Fomshell present. Also in attendancewas Kathy Jones, the Secretary of State distdct representative, Keith Anderson,Assistant Prosecuting Attorney for Warren County and Tiffany Latta, Reporter from theMason Pulse-Journal.

Minutes of June 5th were approved.

Mrs. Moore made a motion, seconded by Mr. Fornshell to pay the following bills:

Dayton Legal Blank Receipt Books $ 59.22Dorn's Business Solutions Office Supplies $ 706.21Cox Publishing Advertising $ 41.40Sharon Fisher Reimbursement $ 952.92Kim Thuney Reimbursement $ 64.00Susan Johnson Reimbursement $ 67.40Michael E. Moore Reimbursement $ 100.03Beverly E. Moore Reimbursement $ 9.73

Purchase Orders:

Hewlett-Packard Computer Cable $ 113.00

A roll call resulted as follows: Mr. Spaeth - yes, Mrs. Sizemore - yes, Mr.Fornshell - yes, and Mrs. Moore - yes.

Discuss Certification of Independent Candidates for Mason Municipal Court: At9:10 am the Board heard a motion from Mr. Fornshell to go into Executive Session andthe motion also asked to have the Director, Deputy Director, and Assistant ProsecutingAttorney Anderson remain in attendance. The purpose of going into executive sessionwas to discuss potential litigation matters. The motion was seconded by Mrs. Sizemore.

A roll call resulted as follows: Mrs. Sizemore - yes, Mr. Fornshell - yes, Mrs.Moore - yes, and Mr. Spaeth - yes

At 9:25am, the Board exited Executive Session.

The Board discussed the decision of the federal court in Morrison v. Colley, 467 F.3d503 (Sixth Cir. 2006) and the SOS Advisory Opinion 2007-05. The facts surrounding thethree candidates in this instance were analogous to the facts in the Morrison case.Further, the Secretary of State has adopted the Morrison opinion as a basis for AdvisoryOpinion 2007-5. The record shows that the three candidates for the Mason MunicipalCourt judgeship petitioned to be independent candidates and then voted Republicanballots in the primary election on the day after the filing deadline for filing as anindependent. The Board concluded that the state of the law as presented by theMorrison case and Advisory Opinion 2007-05 must be applied.

Mr. Fomshell made a motion and it was seconded by Mrs. Sizemore not to certify theindependent candidacy of Mitchell Allen for the Mason Municipal Court Judgeship.

RECORD OF PROCEEDINGSMinutes of Warren County Board of Elections Meetin

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RECORD OF PROCEEDINGSMinutes of Warren County Board of Elections Meetin

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Held July 3 20 07

A roll call resulted as follows: Mrs. Moore - yes, Mr. Spaeth - yes, Mrs. Sizemore- yes, and Mr. Fornshell - yes.

A motion was made by Mrs. Moore and seconded by Mrs. Sizemore to approve thefunds necessary to allow the Director to join lacreot and to attend it's summerconference.

A roll call resulted as follows: Mr. Spaeth - yes, Mrs. Sizemore - yes, Mr.Fornshell - yes, and Mrs. Moore - yes.

The next Board Meeting will be held on Aug. 6th, 2007 aY9:00am when the publictesting will occur.

There being no further business, with a motion properly carried, the meeting wasadjourned at 10:05 a.m.

Attested

RECORD OF PROCEEDINGSMinutes of Meeting

Held 20

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