JENNIFER BRUNNER OHIO SECRETARY OF STATE 180 Exsr BROAD STREET, 16TH FLooR CoLumaus, OHI0 43215 USA TEL 1-877-767-6448 FAX: 1-614-644-0849 April 8, 2009 VIA U.S. MAIL ‘The Honorable Jon Husted Senator, 6th Ohio Senate District Ohio Senate Statehouse Columbus, Ohio 43215 RE: — Montgomery County Board of Elections tie vote Dear Senator Husted: Iam writing with reference to the pending tie vote of the Montgomery County Board of Elections regarding the issue of your proper residence for voter registration. Tt appears that members of the Montgomery County Board of Elections sought certain documents and records relevant to the question of your residence. These documents included utility records for the periods of time addressed in the board's review (e.g., electricity, water, telephone) for the property located at 148 Sherbrooke Drive in Kettering, Ohio. Other records ineluded local tax returns, Ohio Public Employees Retirement System statements, bank account records, and legal documents relative to a trust holding the property located at 148 Sherbrooke Drive. Although the Board did not exercise its authority to subpoena these documents, it provided you with an opportunity to make a voluntary submission in support of your claim that you were and are a current resident of Montgomery County. Itappears that you declined the opportunity to submit these records. Asyou know, ensuring the greatest election integrity requires not only that eligible persons be permitted to be registered and to vote, but also that only eligible persons be permitted to be electors. This allows all who are eligible to participate and protects the electorate from dilution by unauthorized votes. Unfortunately, the official record, including the transcript of your testimony at the Board’s hearing on this matter, lacks sufficient documentation to resolve the evidentiary issues regarding the question of your residence, both at the time in question and currently, Documentary evidence is essential to build the clear, well-developed record necessary to determine this type of question. respectfully request that you provide my office with the documents listed above and any other documents you believe may be relevant to assisting the board and my office determine your voting residence at the time involved in the board's tion and presently. Any concernsregarding confidential or private information contained in these documents (e.g., Social Securil numbers), will be addressed by recent practices developed in response to legislation enacted requiring redaction before release to the public. Please respond to this request by April 18, 2009. ‘Thank you for your cooperation in this important matter. You may contact me if you have any questions. Sincerely, Ques Piericcen Jennifer Brunner cc: Montgomery County Board of Elections Jon Husted, 148 Sherbrooke Drive, Kettering, Ohio, 45429