JENNIFER BRUNNER

OHIO SECRETARY OF STATE

180 EAST BROAD STREET, 16TH FLOOR

COLUMBUS. OHIO 43215 USA
TEL: 1-877-767-6446 FAX: 1-614-644-0649
WWW.SOS.STAiE.OH.US

December 30, 2010

The Honorable Richard Cordray

Ohio Attorney General
30 E. Broad St., 17th Floor
Columbus, OH 43215

RE: Referral of Individuals for Violations of R.C. 3599.37

Dear Attorney General Cordray:

On September 24, 2010, my office issued subpoenas duces tecum to the following individuals
related to a campaign finance investigation conducted pursuant to my statutory authority in
R.C. 3501.05(N)(1) & (CC):

LetOhioVote.org custodian of records

Gene Pierce
Charles "Carlo" LoParo
David Hansen
Thomas E. Brinkman, Jr.

The subpoenas duces tecum requested the deposition testimony of the above-named individuals
and the production of documents on October 6, 2010. Copies of these subpoenas are attached
hereto as Exhibit A. By agreement of counsel for the deponents and my office, the depositions of
David Hansen and Thomas E. Brinkman, Jr. were held on October 8, 2010, rather than October
6, 2010. My General Counsel Brian Shinn conducted the depositions. Copies of the deposition
transcripts of the four deponents are attached hereto as Exhibit B.

Although the deponents appeared for the depositions, none of the deponents answered any
questions other than to state the individual's name and address and to identify the subpoena
that was received by the individual deponent. None of the deponents produced any documents
in response to the ubpoenas duces tecum. Coun el for the deponents a erted a continuing
objection to the questions and to the document production based upon the First and Fourteenth
Amendments to the U. . on titution.

Although the deponents were given the opportunity to review the transcript of their depositions,
none of the deponents submitted any change or errata to the court reporter/notary. Copies of
the court reporter/notary certifications are attached hereto as Exhibit C.
I am referring the refusal of the deponents to answer deposition questions and to produce
documents to you for criminal prosecution pursuant to RC. 3599.37:

(A) No person having been subpoenaed or ordered to appear before a grand jury, court,
board, or officer in a proceeding or prosecution upon a complaint, information, affidavit,
or indictment for an offense under an election law shall do either of the follmving:

(1) Fail to appear or, having appeared, refuse to answer a question pertinent to the
matter under inquiry or investigation;

(2) Refuse to produce, upon reasonable notice, any material, books, papers, documents,
or records in that person's possession or under that person's control.

(B) Whoever violates division (A) of this section, unless the violator personally appears
before the grand jury, court, board, or officer and asserts the protection of the violator's
constitutional rights, is guilty of a misdemeanor of the first degree.

In LetOhioVote.org v. Brunner, Hamilton County Common Pleas Case No. A1005146 (Sept. 22,
2010), Judge Jerome Metz, Jr., ruled that criminal prosecution under R.C. 3599.37 is the
exclusive means of enforcing subpoenas issued pursuant to my statutory authority.

Thank you for your cooperation in this matter. Please contact General Counsel Brian Shinn at
614-728-5639 if you have any questions.

Sincerely,
~~
Jennifer Brunner

Enclosures