NO IN THE SUPREME COURT OF OHIO ORIGINAL ACTION IN MANDAMUS AND PROHIBITION FOR ELECTION- RELATED MATTER

Transcription

1 NO IN THE SUPREME COURT OF OHIO ORIGINAL ACTION IN MANDAMUS AND PROHIBITION FOR ELECTION- RELATED MATTER STATE OF OHIO EX REL. DEBORAII S. REESE Relator, V. CUYAHOGA COUNTY BOARD OF ELECTIONS, et al. Respondents. RESPONDENT'S MERIT BRIEF WILLIAM D. MASON, Prosecuting Attorney for Cuyahoga County, Ohio RENO J. ORADINI, Jr. ( ) Assistant Prosecuting Attorney (216) / Fax: (216) Ontario Street - 8'h Floor Cleveland, Ohio Attorney for Respondents

2 TABLE OF CONTENTS 1. STATEMENT OF THE CASE... 4 II. STATEMENT OF FACTS... 4 III. LAW AND ARGUMENT... 6 III. RELATOR'S COMPLAINT DOES NOT COMPLY WITH S. CT. R. X, SECTION 4(B), AND THEREFORE, THE COMPLAINT DOES NOT STATE ANY FACTS, AND THIS DEFECT CANNOT BE CURED BY THE AFFIDAVIT ATTACHED TO RELATOR'S MERIT BRIEF, WHICH ONLY ATTESTS TO THE ACCURACY OF THE DOCUMENTS ATTACHED THERETO IV. THE BOARD OF ELECTIONS DECISION, AFTER IT HAS CONDUCTED A HEARING AND HAS DETERMINED THE VALIDITY OF A NOMINATING PETITION, IS NOT SUBJECT TO JUDICIAL REVIEW IN THE ABSENCE OF ALLEGATIONS OF FRAUD, CORRUPTION, ABUSE OF DISCRETION OR CLEAR DISREGARD OF STATUTES OR LEGAL PROVISIONS APPLICABLE THERETO... 7 V. A WRIT OF PROBITION WILL NOT ISSUE AGAINST THE BOARD OF ELECTIONS WHEN THE BOARD OF ELECTIONS HAS EXERCISED ITS QUASI-JUDICIAL AUTHORITY BY CONDUCTING A PROTEST HEARING VI. IN DETERMINING WHETHER MANDAMUS WILL ISSUE, IT IS A WELL SETTLED PRINCIPAL OF OHIO LAW THAT DECISIONS CONCERNING POSSIBLE INVALIDATION OF A PETITION ARE DETERMINED IN LIGHT OF PUBLIC POLICY FAVORING FREE AND COMPETITIVE ELECTIONS VII. NOTICE OF SIMILAR CASE...:...:...: VIII. CONCLUSION

3 TABLE OF AUTHORITIES Beck v. Casey ( 1990), 51 Ohio St.3d, Morrison, et al. v. Colley, 467 F.3`a 503 (2006)...4, 14 State, ex rel. Leslie v. Duffy (1955), 164 Ohio St State, ex rel. Celebrezze v. Butler, Court of Common Pleas (1979) 60 Ohio St.2d :...20 State, ex rel. Hanna v. Millburn (1959), 170 Ohio St State, ex rel. Giuliani v.cuyahoga County Board of Elections, 14 Ohio St.3d 8 (1984)...20 State, ex rel. Flynn v. Board ofelections of Cuyahoga County, 164 Ohio St. 193 (1955)...7 State, ex rel. Nolan v. Clendening, 93 Ohio St. 264 (1915)...,...,20 State, ex rel. Svete v. Board of Elections, 4 Ohio St.2d 16 (1965) Stern v. Board ofelections, 14 Ohio St.2d 175 (1968)...:...20 CT. R. X, SECTION 4(B)...:...:...6 O.R.C O.R.C , 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 20, 21 O.R.C , 8 O.R.C , 8, 12 O.R.C , 10, 11, 14, 15, 16, 18, 20 O.R.C , 10, 11, 14, 15, 16, 18, 20 O.R.C , 16, 17, 18 O.R.C , 14, 17, 18 O.R.C , 8, 12, 17, 18 3

4 I. STATEMENT OF THE CASE This is an expedited election matter. Relator has filed a complaint seeking a writ of mandamus and/or prohibition. Respondent has answered and has submitted a motion to dismiss and/or a motion for judgment on the pleadings. H. STATEMENT OF FACTS On August 6, 2007, the Cuyahoga County Board of Elections conducted a protest hearing concerning a protest filed by Debra Reese. The protest referenced a Secretary of State advisory and a Sixth Circuit Court of Appeals decision, Morrison, et al, v. Colley, 467 F.3"d 503 (2006), both of.which referenced independent candidate petitions. Ms. Reese in her protest contended that Mrs. Gravens voted in a democratic primary after declaring her candidacy.as an independent for the Judge of the Rocky River Municipal Court District. Significantly, Ms. Reese testified at the Board of Elections hearing and stated the following in response to questioning. following: Okay. All right. Now, when you were getting ready to file this protest, what. documents did you review? I don't.remember specifically. They were attached to the letter. Well, one of the documents that's not attached to the letter is the petition that.was.filed.by Maureen Adler Gravens. At any time have you looked at the petition that was filed with this Board of Elections that is the subject of this? Have you studied that? A.. No, sir. Okay. So you don't know what Judge Gravens said on her petition, do you? A. Not specifically, no, sir. MR. BUTLER: Okay. No further questions. The petition filed by Maureen Adler Gravens states in pertinent part the 4

5 STATEMENT OF CANDIDACY Revised Code , , , "I, Maureen Adler Gravens, the undersigned, hereby declare under penalty of election falsification that my voting residence address is Rocky River is Snowflower.44116; And I am a qualified elector. I further declare that I desire to be a candidate for election to the office of Judge in the Rocky River Municipal Court District, for the full term commencing January 1, 2008 at the general election next hereafter to be held. therefor. I hereby declare that, if elected to this office or position. I will qualify Dated this 6th day of February, 2007." Maureen Adler Gravens Signed by Maureen Adler Gravens (Print name as it should appear on ballot) (Signature of candidate) It was the petition language above that was before the Board of Elections. The Board of Elections certified the petition to be valid as of May 29, Also attached hereto marked as Graven's Exhibit 2, is the designation of Treasurer which was offered by Judge Gravens counsel at the protest hearing. The designation of Treasurer signed by Maureen Adler Gravens on February 20, 2007 indicates that she is a nonpartisan candidate. The Affidavit of Judge Maureen Adler Gravens was placed into evidence during the briefing allowed by the Board of Elections and at the hearing. The uncontested sworn testimony of Judge Gravens states the following: 1. On February 6, 2007 I signed a Statement of Candidacy which is demonstrated in the part petition marked as Exhibit A, attached hereto. The completed nominating petition with signatures of nominating electors was filed with the Board of Elections. 2. It is my understanding that this petition has previously been certified as valid by the Board of Elections. 5

6 3. In the past I have filed nonpartisan nominating petitions and have also voted in party primaries all in accordance with the law I am a nonpartisan candidate as is authorized by operation of O.R.C. 5. It is my understanding that there is no Ohio statute that specifically prohibits a nonpartisan candidate for any office from voting in a party primary. Accordingly, I exercised my right to vote in the May Democratic party primary held in Rocky River. 6. My nomination petition does not make any claim or assertion that I am an independent candidate nor does it make any claim that I am not affiliated with a political party. Instead, my statement of candidacy clearly asserts the statutory qualifications mandated by Ohio Election law. With regards to the Rocky River Municipal Court District, there was no partisan primary election held on May 8, 2007 as only one party candidate filed a party nominating petition. This candidate, Brian Hagan was certified to be in the nonpartisan general election ballot as there was no opponent. There was a primary election for the office of Clerk of the Rocky River Municipal Court District but there was no election for the office of Judge of the Rocky River Municipal Court District. By unanimous vote of participating Board members, the Board of Elections denied the protest of Ms. Reese and corrected its records to reflect Maureen Adler Gravens as a nonpartisan candidate. III. LAW AND ARGUMENT PROPOSITION OF LAW III. RELATOR'S COMPLAINT DOES NOT COMPLY WITH S. CT. R. X, SECTION 4(B), AND THEREFORE, THE COMPLAINT DOES NOT STATE ANY FACTS, AND THIS DEFECT CANNOT BE CURED BY THE AFFIDAVIT ATTACHED TO RELATOR'S MERIT BRIEF, WHICH ONLY ATTESTS TO THE ACCURACY OF THE DOCUMENTS ATTACHED THERETO. Respondent does not dispute that the exhibits attached to Relator's Merit Brief are true and accurate copies. However, Respondent asserts that these exhibits cannot cure Relator's defective Complaint. Respondents reincorporate their argument set forth in 6

7 their motion to dismiss or motion for judgment on the pleadings regarding this fatal defect, as if fully rewritten herein. IV. THE BOARD OF ELECTIONS DECISION, AFTER IT HAS CONDUCTED A HEARING AND HAS DETERMINED THE VALIDITY OF A NOMINATING PETITION, IS NOT SUBJECT TO JUDICIAL REVIEW IN THE ABSENCE OF ALLEGATIONS OF FRAUD, CORRUPTION, ABUSE OF DISCRETION OR CLEAR DISREGARD OF STATUTES OR LEGAL PROVISIONS APPLICABLE THERETO. Respondents reincorporated their arguments set forth in their motion to dismiss or motion for judgment on the pleadings as if fully rewritten herein. In State, ex ret. Flynn v. Board of Elections of Cuyahoga County, 164 Ohio St. 193 (1955) this Court held that the Board of Elections is authorized to conduct a hearing on a protest regarding a nominating petition and to determine the validity of such petitions: and its decision is final and in the absence of allegations of fraud, corruption, abuse of discretion or clear disregard of statues or legal provisions applicable thereto, it is not subject to judicial review. In the instant case, the Board of Elections conducted a protest hearing as required by O.R.C The Board of Elections in examining the face of the petition, after hearing the evidence which included the fact that Ms. Reese did not read the petition prior to filing and after hearing legal argurnents concerning the applicable law, voted to deny the protest. A. IN APPLYING O.R.C THE BOARD OF ELECTIONS HAD A CLEAR LEGAL DUTY TO DENY THE PROTEST OF RELATOR AFTER CONDUCTING A HEARING. Maureen Adler Gravens, pursuant to O.R.C , on February 6, 2007 signed a Statement of Candidacy which states the following: "I, Maureen Adler Gravens, the undersigned, hereby declare under penalty of election falsification that my voting residence address is Rocky River is Snowflower 44116, And I am a qualifr_ed elector. I further declare that I desire to be a candidate for election to the office of Judge in the Rocky River Municipal Court 7

8 District, for the full term commencing January 1, 2008 at the general election next hereafter to be held. therefor. I hereby declare that, if elected to this office or position. I will qualify Dated this 6th day of February, 2007." Maureen Adler Gravens Si2ned by Maureen Adler Gravens (Print name as it should appear on ballot) (Signature of candidate) Significantly, prior to the protest hearing the Board of Elections had previously certified the petition as being valid and legally sufficient. From the beginning, O.R.C , titled Term of Judge - Nomination, Election goverrts the candidacy in question. This section states in pertinent part: "A) All municipal court judges shall be elected on the nonpartisan ballot... - B) All candidates for municipal judge may be nominated either by nominating petition or by primary election..." "... nonpartisan candidates for the office of municipal court judge shall file nominating petitions not later than four p.m. of the day before the day of the primary in the form prescribed by section of the Revised Code." An examination of the petition reveals it is in compliance with the statutes referenced on the Board prescribed form, e.g. O.R.C , and while referenced on the petition, applies to the Clerk of Court. O.R.C govems general petition requirements while titled Nominating Petition form and Fee sets forth the specific requirements for a nominating petition: It is undisputed that the petition meets the essential statutory requirements referenced in these sections. 8

9 In analyzing the duty of the Board of Elections, this Court has previously provided direction in State, ex rel. Leslie v. Duff'y (1955), 164 Ohio St. 178 wherein the Court stated the following: "Where there is its mandatory language in election statute requiring a proposed candidate to do certain things before his name can be placed upon a ballot, those things must be done in accordance with the statute before such proposed candidate is eligible to have his name placed on the ballot. On the other hand, where a proposed candidate strictly follow all the requirements stated in the statute governing his candidacy, he is not required to do things required by another statute concerned with a different class of candidates." Ms. Reese has contended that the Statement of Candidacy signed by Maureen Adler Gravens constitutes an independent petition. Despite this contention, Ms. Reese candidly testified that she had not even bothered to read the petition. (Hearing Tr ). At the hearing the Board heard arguments as to the operation of O.R.C titled Election Procedure - Election Officials Definitions which provides absolute legal distinctions. As to nonpartisan candidates, this section states in pertinent part: (J) "Nonpartisan candidate" means any candidate whose name is required, pursuant to section of the Revised Code, to be listed on the nonpartisan ballot, including all candidates for judicial office, for member of any board of education, for municipal or township offices in which primary elections are not held for nominating candidates by political parties, and for offices of municipal corporations having charters that provide for separate ballots for elections for these offices. The nonpartisan definition begins the statutory trail, beginning with the statement of candidacy and nominating petition and ending with name on the nonpartisan ballot (O.R.C ). This section states in pertinent part: 9

10 "On the nonpartisan ballot shall be printed the names of all nonpartisan candidates for election to judicial office, office of member of state board of education, office of member of a board of education,..." For Judge Gravens, the specific language of O.R.C specifically enables a candidate to seek to appear on the ballot as a nonpartisan candidate. Judge Gravens statement of candidacy does not assert that she is an independent nor does the printed petition supplied by the Board and authorized by the Secretary of State make any reference to the term independent. The petition form does not prohibit voting in a primary election nor does it specifically restrict political affiliation. For example, a nonpartisan school board candidate, who files a similar petition, is not restricted from party affiliation or party primary voting. In summary, the Board determined that Judge Gravens, under the law, had filed a valid nonpartisan petition as authorized by O.R.C and (J). As an aside, it is noteworthy that Judge Gravens' affidavit reflects the fact that being previously elected to the Rocky River Municipal Court District as Judge, she had filed nonpartisan petitions and had voted in party primaries. It is noteworthy that there no specific change in the law that would prohibit her from continuing in this manner. In assessing the protest, the Board of Elections also considered O.R.C (I) which states the following: (I) "Independent candidate" means any candidate who claims not to be affiliated with a political party, and whose name has been certified on the office-type ballot at a general or special election through the filing of a statement of candidacy and nominating petition, as prescribed in section [ ] of the Revised Code. (Emphasis added) 10

11 In applying this statutory definition to the face of the Statement of Candidacy filed by Judge Gravens, the Board of Elections determined that there is no assertion by Judge Gravens claiming not to be affiliated with a political party. This mandatory language that is contained in O.R.C (I) is necessary for a candidate to correctly assert his standing as an independent candidate. In short, Gravens petition did not contain this language and therefore as a matter of law, the petition cannot be construed as that of an independent candidate. The Board of Elections in applying the applicable statutes fulfilled its clear legal duty by denying the protest. B. RELATOR HAS NO CLEAR LEGAL RIGHT TO THE RELIEF SOUGHT Relator Reese, in supplying the Board with initial correspondence and then a formal protest, failed to assert a specific infirmity in the face of the petition. At the hearing conducted by the Board of Elections Ms. Reese with counsel, again failed to specify any infirmity on the face of the petition that would cause the Board of Elections to rule the petition invalid. First and foremost, this entire matter is controlled by the Statement of Candidacy signed by Judge Gravens. The Board of Elections had before it the petition and decided this matter as a petition case. Instead of specifying a specific law in the petition, Ms. Reese has asserted the following: "... Rocky River Municipal Court is a`partisan' office, therefore, a candidate must have been included in the partisan primary or filed as an independent candidate." (Reese Brief before the Board of Elections at Page 1). This statement is in conflict with the language of O.R.C This statute, titled Term of Office of Judge - Nomination, Election states in pertinent part the following: "A) All municipal court judges shall be elected on the nonpartisan ballot for terms of six years. B) All candidates for municipal judge may be nominated either by nominating petition or by primary election..." 11

12 "If the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates for the of5ce of municipal court judge shall file nominating petitions not later than four p.m. of the day before the day of the primary in the form prescribed by section of the Revised Code." (Emphasis Added) The Rocky River Municipal District, as reflected in the Board's records, extends beyond the corporate limits of the city of Rocky River and includes several other municipalities. By law, nonpartisan candidates for Rocky River Municipal Court District shall file nominating petitions by the end of the day before the primary. Ms. Reese asserts that this time of filing results in an automatic label of "independent". This assertion is factually and legally incorrect. The Ohio Constitution, Article IV Section 6 titled Election and Compensation of Judges provides in pertinent part: 4) "...and laws shall be enacted to prescribe the times and mode of their election." From this, separate statues have been enacted for various judicial offices. For municipal courts, controls. In this case, Judge Gravens timely filed a petition within the deadline set forth in O.R.C as a nonpartisan candidate and she met the general petition requirements in O.R.C and Secondly, Ms. Reese in her Brief before the Board of Elections asked the Board to consider this question: "Should... Candidate Maureen Adler Gravens be disqualified as a candidate from the Rocky River Municipal Court for voting in the Democratic Party Primary? 12

13 A reading of Judge Gravens' petition provides the simplest solution to this case. Judge Gravens does not assert that she is an "independent" nor does she claim to not be affiliated with a political party. Instead, in conformity with O.R.C , Judge Gravens has stated her qualifications as an elector and as a candidate for the office. Ms. Reese's contention that Judge Gravens filed as an independent is not supported by the facts. While relying on the nominating petition (Reese Complaint, Exhibit B), Ms. Reese does not specify the term or phrase contained in the petition which supports this fanciful assertion. Ms. Reese introduced Exhibit A in the Complaint in this case which is a petition filing deadline for candidates and has based her case in chief on this document. Unfortunately this working document of the Board, as were others, were in conflict with the legal opinions of the office of the prosecuting attorney, dated January 31, 2007, and February 2, 2007, which refer to nonpartisan candidates, not independent candidates. The fact that a Board employee inserted/used the term "independent", in conflict of the prosecutor's advice, does not cause a mistake to become the law. The attached July 26, 2007, legal opinion explains in detail, the factual and procedural history as it relates to the mistaken use of the term independent in the Board's working papers. It is a interesting note, that the letter of January 18, 2007, which started the inquiry herein, and which is found at the last two pages of Relator's Merit Brief filin.g refers to nonpartisan candidates, and not independent candidates. Moreover, this form is incorrect as it is in conflict with the express language of O.R.C (deadline for nonpartisan candidates). The form is also incomplete because it omits the term "nonpartisan". It is a well-settled principle of law that the 13

14 errors of Board employees will not create an estoppel against a public official, as to prevent the correct application of law. See State, ex rel. Svete v. Board of Elections, 4 Ohio St.2d 16 (1965). Ms. Reese's complaint asserts that by operation of law, the Statement of Candidacy/Nominating Petition of Judge Gravens causes her to be an independent candidate. This contention that Judge Gravens should be considered an independent implies or concedes that Judge Gravens filed as a nonpartisan candidate, and ignores the plain language of the Statement of Candidacy. Moreover, Relator's argument is incredible in light of the fact that all judicial candidates in the general election appear on the ballot as nonpartisan. Judge Gravens does not make any statement claiming not to be affiliated with a political party as required under the statutory definition O.R.C (I). Nevertheless, Ms. Reese references Morrison, et al. v. Colley, 467 F.3d 503 (2006) which began as a petition case. Morrison's petition, according to the Court and the Secretary of State asserted that he was filing as an independent. Because this claim was factually incorrect, his petition was ruled invalid. Morrison, supra, and the Secretary of State Advisory apply only to independent candidates. As Judge Gravens' petition does not contain any assertion of this nature, Morrison and the Secretary of State Advisory have no application. In Morrison, this Court had a limited holding in that the Sixth Circuit found that O.R.C , titled Independent Candidates Statement of Candidacy and Nominating Petition to be constitutional and as such, determined that the statute was not vague and overbroad. It is the only holding in Morrison. 14

15 Factually, Mr. Morrison sought to challenge the statute in Federal Court after the Assistant Secretary of State voted to break a tie of the Franklin County Board of Elections granting a protest and voting against certification of Morrison's petition. Mr. Morrison, in succession, did the following: Filed a petition for election as Republican State Conunitteeman Filed a petition for election as Republican County Committeeman Advertised/campaigned as a Republican for Committee office After affirming Republican affiliation, Morrison filed a petition the day before the May 2006 primary as an "Independent" candidate for Congress Filed with Federal Election Commission a statement of Republican affiliation Voted in Republican Primary The Congressional candidacy was protested and ultimately the Congressional petition was not certified. The Assistant Secretary of State stated in pertinent part: "... and because R.C (I) provides a standard, the law and facts show that Mr. Morrison was never truly independent at any point relevant to this matter." In short, Morrison could not have it both ways as the specific statutory limitation of (I) which governs Independent candidates controlled. Ms. Reese's reliance on this case and the Secretary of State's advisory which explained the Morrison case is totally inapplicable based on the facts and law of the instant matter. In Morrison, the Secretary of State, in breaking the tie vote, applied the clear language of (I) which defines an independent as one who claims not to be 15

16 affiliated with a political part y against a candidate who claimed not to be affiliated (independent petition) while declaring his party affiliation repeatedly! In contrast, (J), has no limiting language, in that a nonpartisan candidate means any candidate whose name is required pursuant to section to be listed on the nonpartisan ballot. A nonpartisan candidate's petition makes no claims of status (independent or not) or any claims to affiliation. Judge Gravens' nonpartisan petition contains only the statement of candidacy which asserts the following: The name, address, assertion of qualification as an elector, a desire to be Judge of the specific office at the general election and finally declares, if elected, that Judge Gravens is qualified for the office. The Morrison "declaration of independent," and the Secretary of State's advisory conceming independent candidate petitions has no legal or factual application to Judge Gravens petition. Ms. Reese also contends that the form numbers on the petition somehow control rather than the words that are stated within the petition. In referencing the Secretary of State the petition form, Ms. Reese contends it can be used for independent as well as nonpartisan candidates. This circular argument is nonsensical in that it only allows Ms. Reese to argue that the petition is independent while ignoring the statutory definition of the language that must be contained for an independent declaration. Also, Ms. Reese attempted to ignore the plain language of O.R.C (J), the nonpartisan candidate definition. This statute is to be read in conformity with O.R.C. 1.42, titled Common and Technical Usage which states: "Words and phrases shall be read and construed according to the rules of grammar and common usage." 16

17 Nonpartisan candidate means any candidate whose name is required pursuant to of the Code, to be listed on the nonpartisan ballot, including all candidates for judicial office, and candidates of any board of education. The statute then further defines nonpartisan candidates to include municipal or township officials in which primary elections are not held for nominating candidates by political parties. The office of Judge of the Rocky River Municipal Court District is not a municipal or township office but is a statutory office govemed by the operation of O.R.C Again, this statute specifically provides for a nonpartisan candidate. In a similar fashion, Ms. Reese relies on the faulty interpretation of O.R.C which states in pertinent part the following: "... nonpartisan candidates for the office of municipal court judge shall file nominating petitions not later than four p.m. of the day before the day of the primary election in the form prescribed by section of the Revised Code. The petition shall conform to requirements provided for those petitions of candidacy contained in Section , except that the petition shall be signed by at least 50 electors of the territory of the Court. Ms. Reese contends that the reference to operates as a matter of law to transform the language of Gravens' Statement of Candidacy into that of an independent candidate's declaration of candidacy! The one sentence reference to O.R.C forms the basis of Ms. Reese's legal argument that the plain language of the Gravens' Statement of Candidacy, by operation of law, becomes an independent petition. This contention ignores basic rules of statutory construction including the general provision 1.51 titled Special or Local Provision Prevails Over General. By application, this specific language of Section provides for nonpartisan candidates for the offices of municipal court Judge. These candidates shall file forms in compliance with titled Nominating Petition Form and Fee. As to complying with this section titled Independent 17

18 Candidate Statements of Candidacy and Nominating Petition has two components in that it governs independent candidates statements of candidacy and also governs in general nominating petitions. It is noteworthy that the specific language of governing independent candidates states in pertinent part as follows: "any non-judicial candidate who files a nominating petition may request at the time of the filing that the candidate be designated on the ballot as a nonparty candidate or as an other - party candidate, or may request that the candidate's name be placed on the ballot without any designation." (Emphasis added). By application, the independent reference applies to non-judicial candidates. In reading the several statutes in tandem, it is noteworthy that there is distinction for candidates who appear on the office type of ballot, O.R.C and candidates who appear on the nonpartisan ballot This nonpartisan ballot statute states in pertinent part the following: "On the nonpartisan ballot shall be printed the names of all nonpartisan for election to judicial office...." In a similar fashion Ms. Reese ignored the operation of the definition section when she contends that the mere reference to O.R.C somehow, by operation of a magical law, converts her statement of candidacy into independent declaration of candidacy. Essentially, Ms. Reese argues that when you want to disqualify a candidate, the petition denomination (3-I) or one reference within the nonpartisan goveming statute to another statute can somehow benefit a protestor. This argument ignores the plain, simple language of several statutes and also ignores the plain language of Gravens Statement of Candidacy. C. MANDAMUS OR PROHIBITION WILL NOT ISSUE VERSUS THE BOARD OF ELECTION UNLESS THE PROTESTOR HAS, BASED ON PERSONAL KNOWLEDGE ASSERTED A SPECIFIC DEFECT IN THE NOMINATING PETITION. In this case, the Board of Elections conducted a protest hearing as provided for by O.R.C titled Unacceptable Petitions. The statute requires that a written protest name specific objections noted to allow the Board of Elections to potentially determine whether or not the petition is valid or not. The statute also requires that the written protest specify that the petition violates any requirement established by law. 18

19 In the instant case, Ms. Reese, in direct conflict of the affidavit attached to the complaint in this case, testified that she had not read the petition nor did she have any personal knowledge as to what Judge Gravens said on her petition. Specifically, the following question and answer were given. Q. Okay. So you don't know what Judge Gravens said on her petition, do you? (Hearing Transcript, Pg ) Not specifically, no, sir. Coming forward and attempting to allege a defect in the petition minimally requires the effort of having reviewed the petition before a complaint is filed. Making a protest before a Board of Elections and now a complaint man4amus/prohibition before the Supreme Court raises the issue of a sham proceeding when the protestor testified that she had not bothered to read the petition nor did she have any specific knowledge of the contents of the petition. In short, Ms. Reese failed to make a prima facie case under O.R. C D. MS. REESE HASFAILED TO DEMONSTRATE AN ADEQUATE REMEDY AT LAW. The foregoing arguments are incorporated herein to note that no wrong has been done to Ms. Reese and that the petition of Judge Gravens is otherwise valid as a nonpartisan nominating petition. PROPOSITION OF LAW V. A WRIT OF PROBITION WILL NOT ISSUE AGAINST THE BOARD OF ELECTIONS WHEN THE BOARD OF ELECTIONS HAS EXERCISED ITS QUASI-JUDICIAL AUTHORITY BY CONDUCTING A PROTEST HEARING. It is well settled that there are prerequisites to the issuance of a writ of prohibition. These conditions are that 1. The Court, officer or person against whom the writ is sought is about to exercise judicial or quasi-judicial power: 2. That the exercise of such power is unauthorized by law: and 3. That the refusal of the writ will result in injury for which no other adequate remedy exists. State, ex rel. Nolan v. Clendening, 93 Ohio St. 264 (1915). 19

20 Applying the standard to the complaint filed herein, Relator admits that the Board has previously conducted the protest hearing. Prohibition applies only to restrain the prospective unauthorized exercise of judicial power, and is not available to examine the regularity of an act already performed. State, ex rel. Celebrezze v. Butler, Court of Common Pleas (1979) 60 Ohio St.2d Respondent herein incorporates all the above referenced arguments as it relates to the mandamus issue thus fully related herein, and their arguments set forth in their motion to dismiss or motion for judgment in the pleadings as if fully rewritten herein. PROPOSITION OF LAW VI. IN DETERMINING WHETHER MANDAMUS WILL ISSUE, IT IS A WELL SETTLED PRINCIPAL OF OHIO LAW THAT DECISIONS CONCERNING POSSIBLE INVALIDATION OF A PETITION ARE DETERMINED IN LIGHT OF PUBLIC POLICY FAVORING FREE AND COMPETITIVE ELECTIONS. In Stern v. Board ofelections 14 Ohio St.2d 175 (1968), this Court noted the following: "the public policy which favors free competitive elections in which the electrorate has the opportunity to make a choice between candidates,..." In the instant case, the Board did not engage in abuse of discretion in that its decision was reasonable in applying the plain language of O.R.C which provides for a nonpartisan candidate. The decision was in accordance with law in that it applied the statutory definitions found in O.R.C to the operation of This long standing public policy has been repeated throughout the case law. See for example Beck v. Casey (1990), 51 Ohio St. 3d 79 at Pg. 80; State, ex rel. Hanna v. Millburn (1959), 170 Ohio St. 9. Of note, this Court wrestled with the definition section of subsections J, Nonpartisan Candidate and subsection K, Party Candidate in the case captioned State, ex rel. Giuliani v: Cuyahoga County Board of Elections 14 Ohio St.3d 8 (1984). Giuliani, had a very different factpattem and set of issues than the instant case but the complexity of evaluating the matter allowed this Court to base its ruling on the public policy considerations of construing election statutes in a manner favoring free and competitive elections. 20

21 Respondent reincorporates their arguments set forth in their motion to dismiss or motion for judgment on the pleadings as if fully rewritten herein. VII. NOTICE OF SIMILAR CASE Respondent hereby adopts and incorporates the Briefs and Pleadings filed by the Relators, currently pending before the Ohio Supreme Court, Cade No VIII. CONCLUSION Relator has not been able to establish a clear right to the relief being sought in that Relator's complaint is defective in that it attempts to ignore the plain language on the face of the Statement of Candidacy filed by Judge Gravens. As a matter of law, Judge Gravens has filed a nonpartisan nominating petition. The petition does not contain any of the language mandated by O.R.C. 3501(J) to allow the Court or the Board of Elections to rule that the petition is a "independent declaration of candidacy." Specific statutory language required for an independent candidate is not found anywhere in the face of Judge Gravens' petition. Ms. Reese has not demonstrated that the Board had a clear legal duty to uphold her protest. Mysteriously, her complaint herein contains an affidavit by Ms. Reese which claims that she had personal knowledge of the facts contained in her protest. To the contrary, she testified at the Board of Elections that she had not read Judge Gravens' petition nor did she have any specific knowledge as to the contents of the petition. The Board of Elections was under a clear legal duty to deny the protest based upon the operation of O.R.C which specifically allows nonpartisan nominating petitions. The petition filed was in conformity with this statute and the other governing statutes found on the face of the petition. Clearly, there was no change and/or argument to R.C , as it relates to how nonpartisan candidates file their petitions. The only change and/or amendment was to allow for the possibility of a primary election for those candidates who desire. The legislative allowance of primary election, does not negate the allowance of nonpartisan candidates, without an express prohibition from the legislature. Nor can it be done by implication as Relator implies. Contrary to Relator's conclusion that one "cannot tell by examining petition whether it is nonpartisan or independent", Respondents assert that the petition does 21

22 demonstrate whether the candidate is nonpartisan or independent because the petition does not contain the statutory definition for independent candidate. Judge Gravens does not claim not to be affiliated with a political party. Thus, the one thing that can be determined from the face of the petition, just by looking at it, is that Judge Gravens is not an independent candidate, because it does not contain the statutory definition for independent candidates. A person is never an independent candidate, unless the petition contains said definition. A writ of prohibition will not issue as the Board of Elections has already conducted its protest hearing under the statutory authority found in Chapter 35. At the August 6, 2007 protest hearing the Board correctly voted 3-0 in favor of denying the protest of Deborah Reese and directed that the Board's records be corrected to properly reference Maureen Adler Gravens as a nonpartisan candidate for Judge in the Rocky River Municipal Court District. Finally, it is requested that this Court deny Relator's application for the issuance of a writ of mandamus and/or prohibition in that Relator's failed to establish any of the requisite elements for mandamus or prohibition to issue. Respectfully submitted, WILLIAM D. MASON, Prosecuting Attorney for Cuyahoga County, Ohio RENO Y. ORADINI, Jr. ( ) Assistant Prosecuting Attorney (216) / Fax: (216) Ontario Street - 8`h Floor Cleveland, Ohio Attorney for Respondents 22

23 CERTIFICATE OF SERVICE A true copy of the foregoing Respondent's Merit Brief has been served by handdelivery to Attorney for Relator, Daniel P. Carter, Jeffrey W. Ruple, and Buckley King, LPA Attorneys for Relator, 1400 Fifth Third Center, 600 Superior Avenue East, Cleveland, Ohio th^7i^ day of August RENO/J. ORADINI, Jr. ( ) Assistant Prosecuting Attorney 23

24 STATE OF OHIO COUNTY OF CUYAHOGA ) ) ss: AFFIDAVIT ) Now comes Affiant, Jane Platten, being first duly sworn, deposes and state the following: 1. I am Jane Platten, Director of the Cuyahoga County Board of Elections. I have personal knowledge of the facts as stated herein. All documents and/or exhibits referred to in this affidavit, and the July 26, 2007, legal opinion, which is referred to in respondents' brief, and the documents and/or exhibits attached to the legal opinion are true and accurate copies from the board files. 2. In my capacity as Director of the Board of Elections I am the custodian of all records. 3. With regards to the Rocky River Municipal Court District, there was no partisan primary election held on May 8, 2007 as only one party candidate filed a party nominating petition. This candidate, Brian Hagan was certified to be in the general election ballot as there was no opponent. There was a primary election for the office of Clerk of the Rocky River Municipal Court District but there was no election for the office of Judge of the Rocky River Municipal Court District. 4. On January 31, 2007, the Office of the Prosecuting Attorney issued a legal opinion to the Board of Elections which stated that party candidates for the Offices of Judge and the Clerk of Court in the Rocky River Municipal District must file a declaration of candidacy and

25 petition by 4:00 p.m. on February 22, 2007 and that non-partisan candidates must file nominating petitions not later than 4:00 p.m. of the day before the day of the primary election. Attached hereto and marked as Exhibit 1. On February 2, 2007, the Office of the Prosecuting Attorney issued a legal opinion to the Board of Elections, which advised as to the signature requirements for non-partisan judicial candidates in the upcoming election. Attached hereto and marked as Exhibit 2. Despite these opinions, the petition filing deadline dates for candidates was issued by the Board referencing the Rocky River deadline for independent candidates but did not reference the filing deadline for non-partisan candidates. Attached hereto and marked as Exhibit 3 is the Board of Elections work sheet for the Rocky River Municipal Court District which references O.R.C (b) and sets forth the signature requirements for both partisan and non-partisan candidates. Unfortunately some of the working documents of the Board were in conflict with the legal opinion of the office of the prosecuting attorney. 5. At the May 29, 2007 Board of Elections meeting the Board of Elections certified the validity of the nominating petitions of Judge Maureen Adler Gravens. The Boards records referenced her as an independent candidate for Judge. At the July 2, 2007 meeting, when the May 29, 2007 minutes were to be approved, counsel for Judge Maureen Adler Gravens requested that the Board correct its minutes to properly reference Judge Gravens as a non-partisan candidate. This matter was continued until the August 6, 2007 protest hearing. 6. At the August 6, 2007 protest hearing, the Board voted 3-0 in favor of denying the protest of Debra Reese and directed that the Board's records be corrected to properly reference 2

26 Maureen Adler Gravens as a non-partisan candidate for Judge in the Rocky River Municipal Court District. FURTHER AFFIANT SAYETH N Sworn to before me and subscribed^xn my presence on thi^ ^^ day of August, RENO l. ORADIN4,1R. ATiORNEY A' LAW NOTARY PUBLIC STATE OF MY COMpA1SSI0N HAS NO EXPIRA?tON DAtE. n^cttf'1n R.C. 3

27 From: Michael Vu To: Reno Oradini Date: 1/31/2007 1:03 PM Subject: Re: Fwd: Rocky river court district Thank you. I'II forward your response along to the Board. Midtiael Vu Director Cuyahoga County Board of Elections >>> Reno Oradinl 1/31/ :59 PM»> Michael: Please advise the board that party candidates for judge and clerk of court in the Rody River munidpal court distdct must file a dedaration of candidacy and pe0tion by 4:00 p.m., February 22, 2007, and nonpartisan candidates must file nominating petitions not later than four p.m. of the day before the day of the pdmary election. The relevant code seclions are as follows. R.C (B) states, in relevant part: "if the jurisdiction of a municipal court extends beyond the corporate limits bf the munidpal corporation in which it is locateo**and no charter provisions apply, all candidates for party nomination to the office of municipal court judge shall file a dedaratlon of canddacyand petition not later than 4:00 p.m. of the seventy-fifth day before the day of the primary electi.on** nonpartisan candidates for the office of munidpal court judge shall file nominating petitions not later than four p.m. of the day before the day of the pdmary eledion***" R.C (A)(1)(a)states, in rjevant part:"***ff the populatlon of the territory equals or exceeds one hundred thousand at the regular munidpal eledion immediately preceding the expiration of the term of the present derk, the derk shall be nominated and etected by the qualified electors of the territory In the manner that is provided for the nominadon and election of judges in section of the Revised Code. Please feel free to contact me with any additional questlons. Reno»> Michael Vu 1/30/2007 4:43 PM»> Reno: staff has inquired about the status of this legal request? rve attached the original that was sent Thanks. Michael Vu Director Cuyahoga County Board of Elections»> Brent Lawler 1/29/2007 4:30 PM»> Mlchael/Gwen: Could you please ask Legal what the status of my concem about a partlsan pdmary in the Rocky River Muny Court District. If there Is a primary, the filing deadline is February 22 and it would change the signature requirements for an Independent candidate. Brent

28 8/26/20071 Reno Oradlni - Re Clerk of Court & Muncipal Judcs covering multi-junsdictional court districts^le ag I Guidanc^age 1 From: Michael Vu To: Reno Oradini CC: Brent Lawler; Gwen Dillingham Date: 2/2/ :38 AM Subject: Re: Clerk of Court & Muncipal Judges covering multi-jurisdictional court districts - Legal Guidance Thank you. From our reading then, (B) covers the signature requirements for both municipal judges and clerk of courts, correct? Also, can we have you review and approve the documents that were attached to the original ? If you need them again, please let me know. Michael Vu Director Cuyahoga County Board of Elecdons >>> Reno Oradini 2/2/ :00 AM >>> Pursuant to R.C (B), partisan and nonpartisan candidates in the Parma and Rocky River municipal court districts are required to submit petitions signed by at least 50 electors, and not more than 150, electors of the territory of the court. { Pursuant to R.C (C)(1), judidal candidates for the Cleveland municipal court shall be nominated by a petition signed by at least 50 electors, and not more than 150, electors of the territory of the court. >>> Michael Vu 1/31/2007 3:38 PM»> Reno: After reviewing your legal opinion related to the Rocky River Municipal Court Distdct and candidate requirements. It has come to our attention that this issues raises several other legal matters that deserve clarification. Since these are multi-jurisdictional offices, which political entity provides the final guidance on matters of candidate qualifications? In discussing with Law Director Andy Bemer, he has communicated to us that he does not have jurisdiction to provide guidance. Furthermore, this problem also presents itself in Parma where, as you know, is a-non{hartered municipality. Havingsaid this, we need legal guidance on the total number of signatures required for these respective offices for both partisan and non-partisan candidates. Attached you will find the pages for Parma, Cleveland and Rocky River. If the jurisdiction belongs to the CCBOE, we request that you review and approve the attached documents. Please note: In S05 Brunner's verslon of the SOS 2007 Ohio Candidate Requirement Guidebook they have striked the formula to determine the number of signatures required for independent candidates for municipal judge. Your attention to this issue would be greatly appreciated as candidates have inquired about obtaining petitions for the February 22nd deadline. Mlchael Vu Director Cuyahoga County Board of Elections

29 ROCKY RIVER-MUNICIPAL COURT PARTY PRIMARY MAY 8, 2007 (see bottom of page) PETITION NUMBER: 2H (PRIMARY - PARTY CANDIDATE) LAST FILING DATE: FEBRUARY 22, :00 P.M. (75 days before primary) PETITION NUMBER: 3-31 (GENERAL - INDEPENDENT CANDIDATE) (Formeriy 3-3D) LAST FILING DATE: MAY 7, :00 P.M. (day before scheduled primary date) FILING FEE: $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES NO. OF SIGNATURES POSITION and TERM ELECT *PRIMARY 'GENERAL NUMBER IN OFFICE LENGTH 2007 O.R.C O.R.C (B) 2 Judge 6 Years Yes (1) Min. 50 Min. 50 Max Max. 150 Clerk 6 Years Yes (1) Min. 50 Max.150 Min. 50 Max. 150 *Pursuant to R.C (B), partisan and nonpartisan candidates in the Rocky River Municipal Court Districts are required to submit-petitions signed by at Ieast50 electors, and not more than 150, electors of the territory of the court. INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens FaA Term Commencing 1f1/2008 INCUMBENT CLERK TO BE ELECTED 1N 2007: William Gareau FuliTerm Commencing 1!1/2008 SALARY (As of January 2007) Judge: }$111, 000 Clerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village 8,178 Fairview Park 8,093 North Olmsted 14,485 Rocky River 9;684 Westlake 13,764 Total Votes 54,204 Candidates for this office cannot use the Local Candidate Waiver form. PRIMARY ELECTION Party Primary held only if: Judge: Two or more candidates from same party files.. Update 7l2/2(

30 WILLIAM D. MASON CUYAHOGA COUNTY PROSECUTOR July 26, 2007 Jeff Hastings Inajo Davis Chappell Robert S. Frost Eben O. (Sandy) McNair, IV Board of Elections 2925 Euclid Avenue Cleveland, OH Re: Protest of Judge Maureen Gravens Candidacy Dear Members of the Board of Elections: The Board has requested a legal opinion in response to a protest concerning the candidacy of Maureen Gravens for Judge in the Rocky River Municipal Court. Succinctly, the protest alleges that Judge Gravens is now ineligible to be a candidate for judge in the general election because she voted in the democratic primary after she had filed as and independent judicial candidate. Judge Gravens responds that she filed as a non-partisan candidate, and not an independent candidate. The issue before this board has become a hot topic for all boards of elections in Ohio after the Secretary of State issued advisory No , which analyzes the relation of Morrison v. Colley, 467 F. 3d 503 (6 [h Cir. 2006) to independent candidate and party affiliation: Apparently, various Ohio boards of elections have not consistently applied the foregoing. Currently, pending before the Ohio Supreme Court is State of Ohio ex rel., Mitchell W. Allen, et al. v. Warren Countv Board of Elections, et al, Case No , which involves the issue before this board. In Mitchell, siupra, the Warren County Board of Elections rnled that three municipal judicial candidates were ineligible to be on the general election ballot because they voted in the republican primary after they petitioned to run as independents. The candidates countered by stating that they were nonpartisan candidates, not independent candidates, and that the Warren Board misconstrued the Secretary of State's advisory. It should be noted that the Ohio Supreme Court's forthcoming decision will become the law in Ohio, and therefore, render the advisory and federal case non-persuasive. OFFICE OF THE PROSECUTING ATTORNEY JUSTICE CENTER COURTS TOWER 1200 ONTARIO STREET CLEVELAND, OHto (216) (116) FAX

31 On the other hand, the Franklin County Board of Elections applies the advisory and Morrison, supra, differently. Pursuant to a staff survey, the director of Franklin County Board of Electioris "emphasized that Franklin County only applies the advisory to partisan candidacy races. They do not apply the advisory to judicial candidacies. He informed that their legal counsel interprets the advisory, which followed Morrison a Franklin based suit, to ONLY be applied to partisan races. He believes that many other county's are wrongly interpreting the advisory to mean other wise." (See exhibit "A-1") I believe the issue before this board has arisen by the apparent interchangeable use of the terms "nonpartisan" and "independent," which do not have the same meaning, although they are often interpreted to mean the same thing. A factual and procedural history from the time this issue arose during January 2007 will be helpful. As of January 17, 2007, this Board 2007 Election Calendar listed elections in the Rocky River Municipal Court for "General Election Only (no prirnary)", and a filing deadline of May 7, 2007 for all candidates. (Exhibit "A") On January 19 and 22, 2007, the board's staff received inquiries as to whether a partisan primary was required for the Rocky River Municipal Court pursuant to R.C This issue was critical to filing deadlines because the filing deadlines for partisan candidates would become February 22, 2007, and the filing deadline for nonpartisan candidates would remain May 7, (Exhibit "B") On January 30, 2007, board staff amended 2007 Rocky River Municipal Court election calendar page as stated. (Exhibit "C") On January 30, 2007, the former director requested a legal opinion as to whether: -the Rocky River Municipal Court District was now required to have a partisan primary; was the partisan filing deadline February 22; and would the signature requirement for independent candidates charge. (Exhibit "D") On January 31, 2007, the undersigned issued a legal opinion which stated that party candidates for Judge and Clerk of Court in the Rocky River Municipal Court District must file a-declaration of candidacy and petition by 4:00 p.m., February 22, 2007, and nonpartisan candidates must file noniinating petitions not later than four p.m. of the day before the day of the primary election. (Exhibit "E") On January 31, 2007, board staff amended the Rocky River Municipal Court calendar page adding the terms "Primary-Party Candidate" and "General-Independent Candidate" and adding general election signature requirements. (Exhibit "F", pg. 3) On February 2, 2007, board staff amended the Rocky River Municipal Court calendar page for a second time, and added: "*Pursuant to R.C (B), partisan an d nonpartisan candidates in the Rocky River Municipal Court Districts are required to submit petitions signed by at least 50 electors, and not more than 150, electors of the territory of the court." (Emphasis added)(exhibit "G", pg. 2)

32 Board staff also amended the petition deadline date for candidates to February 22, 2007 for Rocky River partisan judicial candidates, and to May 7, 2007 for Rocky River indenendent judicial candidates. (Emphasis added) (Exhibit "G" pg. 3) Chapter 1901 of the Ohio Revised Code pertains to Municipal Courts and R.C "Term of office of judge; nominations" specifically pertains herein, and states in relevant part: "(B) All candidates for Municipal Court Judge may be nominated [to the general election] either by nominating petition or by primary election *** all candidates for Party nomination to the office of Municipal Judge shall file a declaration of candidacy and petition not later than four p.m. of the seventy-fifth day before the day of the primary election***nonpartisan candidates for the office of Municipal Court Judge shall file nomination petitions not later than four p.m. of the day before the day of the primary election*** The nominating petitions or declaration of candidacy for Municipal Court Judge shall contain a designation of the term for which the candidate seeks election. At the following regular municipal election the candidacies of the judges nominated [by party primary or nonpartisan petition] shall be submitted to the electors of the territory, on a nonpartisan, judicial ballot***". (Emphasis added) "Nonpartisan candidate" means any candidate whose name is required, pursuant to section of the Revised Code, to be listed on the nonpartisain ballot, including all candidates for judicial office, for member of any board of education, for municipal or township offices in which primary elections are not held for nominating candidates by political parties, and for officesvfmuri.icipal corporations having charters that provide for separate ballots for elections for these offices. R.C (J) "Party candidate" means any candidate who claims to be a member of a political party, whose name has been certified on the office-type ballot at a general or special election through the filing of a declaration of candidacy and petition of candidate, and who has won the primary election of the candidate's,party for the public office the candidate seeks or is selected by party committee in accordance with section of the Revised Code. R.C (K) R:C and show that the legislative also enacted specific statues, which govern municipal judges. These respective statutes set forth the qualifications and election dates for judges, and the establishment of two municipal judge positions with Rocky River Municipal Court. In construing a statute, a court's paramount concern is the legislative intent in enacting the statute. Under Ohio law, it is a cardinal rule that a court must first look to the language of the statute itself to determine the legislative intent. In interpreting a statute, words and phrases shall be read in context and construed according to the rules of grammar and common usage. Courts do no have authority to ignore the plain and unambiguous language of a statute under the guise of statutory interpretation, but must give effect to the words used. (Citation omitted) State v. Conger (1994), 97 Ohio App. 3d. 91, 96. The plain reading of R.C shows that municipal judge candidates can attain nomination to the nonpartisan general election ballot through two different avenues: a party 3

33 primary or a nonpartisan nominating petition. A primary candidate, who desires to attain nomination to the nonpartisan general election ballot, must first file a declaration of candidacy and petition to gain access to the party primary. Although, a candidate may choose the primary route, R.C (B) does not require party primaries for municipal judge candidates, and R.C (B), specifically states that no primary shall be held when no one files or only one person files. Regardless of whether there are any party primaries, any number of candidates can be nominated to proceed directly to the nonpartisan general election ballot by filing a nonpartisan nominating petition, without being involved in the primary process. R.C (B) refers to these candidates as "nonpartisan", and does not use the term "independent". Nor did Judge Gravens become an independent candidate pursuant to R.C (J) because there was a primary election in Rocky River. This section merely requires those candidates who desire to gain access to the general election, through the primary process, to list their political party. Al] other municipal judicial candidates remain nonpartisan. Obviously, candidates strategize on which avenue is best for them. However, it is interesting to note that R.C (C) eliminates these judicial candidates strategy decisions for the named court districts therein by requiring those candidates to be nominated to the nonpartisan general elections ballot by petition only, and thereby, eliminates any partyprimaries in those named districts. I am of the opinion that Judge Gravens is a proper nonpartisan judicial candidate for the Rocky River Municipal Court, and as will be addressed, the board's minutes should be corrected to state such. I will-now address the submitted briefs to further clarify this issue. The stated factual and procedural history herein, affects the crux of protestor's argument, which cites to alleged "BOE Petition Deadlines, and filing deadlines set forth by the BOE", and BOE filing rules for independent candidates. Clearly these citations do not refer to any law, and amount to inaccurate information by board staff. Election law is clear that any mistaken advice by the board of elections or its staff does not stop the Board from applying the law. "To hold otherwise would permit the advice of representatives of the Board or the Board itself to take precedence over the enacted law of the General Assembly". State of Ohio, ex rel. Jennifer Martinez v. Cuyahoga County Board of Elections (March 27, 2006), Cuyahoga App. Na 87880, unreported, citing State ex rel. Donegan v. Cuyahoga County Board of Elections (2000), 136 Ohio App. 3d 589, 595. By law, nonpartisan candidates for Rocky River Municipal Court shall file nominating petitions by the end of the day before the primary. R.C (B). A previous legal opinion issued by this attorney refers only to partisan and nonpartisan candidates. Board staff incorrectly amended the 2007 Board Calendar pages with the term independent as used. Possibly, this mistake was caused by the interchangeable use of the terms " independent" and "nonpartisan", as evidenced on attached exhibit "G". In any event, ihis mistake caused the board to incorrectly certify Judge Gravens to the general election as an independent candidate, which the Board should correct, and amend its minutes to state that Judge Gravens is a nonpartisan candidate. This mistake may have caused protestors confusion with the terms independent candidate and nonpartisan candidate. 4

34 The specific language of R.C (B) allows Judge Gravens to seek to appear on the ballot as a nonpartisan candidate, and her nominating petition does not make any reference to the term independent. As will be explained, this relates to the inapplicability of Morrison, supra. Advisory No addresses the impact of Morrison, supra, on R.C , which is titled "Independent candidate's petition for nomination at primary election." "Independent candidate" means any candidate who claims not to be affiliated with a political party, and whose name has been certified on the office-type ballot at a general or special election through the filing of a statement of candidacy and nominating petition, as prescribed in section of the Revised Code (1) Neither the advisory nor Morrison, sunra address any relation to the nonpartisan nomination petition filing requirement, which allows any number of municipal judicial candidates to proceed directly to a nonpartisan general election nor is the term nonpartisan used anywhere. Moreover, the facts of Morrison, supra, are inapposite to the issue herein as stated in the advisory: "In December 2005 and January 2006 Charles Morrison circulated petitions seeking election to the Madison County Republican Party Central Committee and to the Ohio Republican Party State Central Committee. Mr. Morrison subsequently filed his petitions and appeared on the ballot in the May 2006 Republican primary ballot for these positions. To appear on the ballot in these races Mr. Morrison affirmed his affiliation with the Republican Party under penalty of election falsification. Additionally, Mr. Morrison advertised his candidacy as a Republican in a newspaper advertisement. On May 1, 2006,the day before the primary, Mr. Morrison filed as an "independent" candidate in the race for the Ohio 15`h U.S. Congressional District. By filing as an independent Mr. Morrison affinned, under penalty of election falsification, that he had no affiliation with a political party. Mr. Morrison also filed documents with the Federal Election Commission, related to his "independent" candidacy, clearly stating his affiliation with the Republican Party. On May 2, 2006 Mr. Morrison voted in the Republican primary election in Madison County. By voting in the Republican primary Mr. Morrison again affirmed his affiliation with the Republican Party under penalty of election falsification. On May 22, 2006, tlu ee electors protested Mr. Morrison's candidacy for the congressional seat in the 15`h District, alleging that Mr. Morrison was not independent of political party affiliation under Ohio law. The Franklin County Board of Elections (the most populous county) held a protest hearing, and the Board tied 2-2 on the protest. The Board certified the tie vote to this office, and former Assistant Secretary of State Monty Lobb,. presumably acting on behalf of thein Secretary of State Blackwell, broke the tie vote in favor of the protest and against certification of Mr. Morrison's candidacy. Assistant Secretary Lobb based his rationale for not certifying Mr. Morrison's petition on Mr. Morrisoil's failure to disaffiliate himself from the Republican Party and thereby be truly independent of political affiliation: [T]he relevant law clearly requires a more definitive representation to demonstrate 5

35 one's status as an independent candidate for elected office in Ohio R.C (I) provides that standard, the law and the facts show that Mr. Morrison was never truly independent at any point relevant to this matter. Mr. Morrison filed suit in the U.S. District Court for the Southern District of Ohio Seeking preliminary and permanent injunctions to preclude the Board form invalidating his candidacy and alleging that R.C was unconstitutional. The District Court upheld Assistant Secretary Lobb's decision, and Mr. Morrison appealed", and the Appellate Court upheld the District Court. As the board is aware, currently pending before the Ohio Supreme Court is Al-len, supra, whose facts are more in line with the facts herein, and which will become Ohio law. The relevant facts herein are as follows: On May 2, 2007, pursuant to R.C (B) Maureen Gravens filed petitions to be a nonpartisan candidate for judge in Rocky River Municipal Court; on May 8, 2007, Maureen Gravens voted in the democratic primary; on May 29, 2007, Maureen Gravens was incorrectly certified as an independent candidate for judge; on June 4, 2007; the Secretary of State issued Advisory No regarding Independent candidates and Party Affiliations bases on the decision on Morrison v. Colley 467 F.3d 503 (6`h Cir. 2006); and thereafter the instant protest was filed. The Secretary has advised that Morrison changed long-standing practices in Ohio, and Morrison now requires that independent candidates-actually be unaffiliated and that when an affiliation is claimed it must be claimed in good faith. The advisory is condensed below, and it is apparent that it does not address nonpartisan municipal judicial candidates whose candidacies are govemed by R.C (B). Although Morrison does not set forth specific guidelines for the board of elections to follow when determining the validly and sufficiency of independent candidate's nominating petitions, pursuant to R.C , the court did indicate that there are certain threshold requirements an independent candidate must meet in order to be actually "independent": [A] person of ordinary intelligence, when considering O.R.C which requires the candidate to claim independence and O.R.C (I) which defines and `independent' candidate as one who claims not to be affiliated with any political party in the whole legislative scheme, would understand that an aspiring, independent candidate must actually be independent, rather than merely claim it. A candidate possessing ordinary intelligence and conunon sense would readily understand that the claim of independence must be made in good faithotherwise there would be no reason for having the claim requirement, and none of the state interests animating the claim requirement would be served. Morrison, F 3d at 509 (intemal quotations omitted) Thus, Morrison held that it was constitutional for R.C to require independent candidates to claim on the day before the primary that they are not affiliated with any political party, and therefore, an association with a political party, would cause a person not to qualify as an independent candidate. 6

36 The Morrison court concluded that because Mr. Morrison had voted in the past Republican primaries, and most importantly, in the Republican primary held the day after he filed as independent candidate, and because so voting required him to state under penalty of criminal prosecution for election falsification that he was affiliated with the Republican party, Mr., Morrison could not claim in good faith that he was actually independent of party affiliation. In conclusion, the Secretary advised, as indicated by the Morrison court, that R.C requires that: An independent candidate actually be unaffiliated, or disaffiliated from any political party; and The required claim of unaffiliation by an independent candidate must be made in good faith. However, as mentioned above, the Morrison court did not provide clear guidelines for determining when an independent is actually affiliated with a political party or how to determine whether an independent candidate has claimed uanaffiliation in good faith. Absent direction from the General Assembly or a court, the-secretary is attenlpting to provide some guidance-on the matter to the Boards of Elections. Thus: If an independent candidate votes in a party primary election after filing as an independent, the candidate is not actually unaffiliated, and the candidate's claim of independence was either not made in good faith or is no longer current: and If an independent candidate was on a political party's central or executive committee at the time he or she filed as an independent candidate, or becomes such a committee member at any time during his or her independent candidacy, the candidate is not actually unaffiliated, and the candidate's claim of independence was either not made in good faith or is no longer current. I agree with the argument set forth at page eight of Judge Gravens brief, and adopt it verbatim here. In short, Morrison could not have it both ways as the specific statutory limitation of (I), which governs independent candidates controlled. Protestor's reliance on this case and the Secretary of State's advisory is totally inapplicable based on the facts and law of this case. In Morrison, the Secretary of State, in breaking the tie vote, applied the clear language of (I) which defines an independent as one who claims not to be affiliated with a political Uarty against a candidate who claimed not to be affi-liated (independent petition) while declaring his party affiliation repeatedly! In contrast, (J), has no limiting language, in that a nonpartisan candidate means any candidate whose name is required pursuant to section to be listed on the nonpartisan ballot. A nonpartisan candidate's petition makes no claims of status (independent or not) or any claims to affiliation. Judge Gravens' nonpartisan petition contains only the statement of 7

37 candidacy which asserts the following: The name, address, assertion of qualification as an elector, a desire to be Judge of the specific office at the general election and finally declares, if elected, that Judge Gravens is qualified for the office. The Morrison "declaration of independent," and the Secretary of State's advisory conceming independent candidate petitions has no legal factual application to Judge Gravens' petition. This board has scheduled a protest hearing regarding Judge Gravens petition pursuant to R.C , which states in relevant part: Written protests against nominating petitions may be filed by any qualified elector eligible to vote for the candidate whose nomination petition he objects to, not later than for p.m. of the thirtieth day of July,***. Such protests shall be filed with the election officials with whom the nominating petition was frled. Upon the filing of such protest, the election officials with whom it is filed shall promptly fix the time and place for hearing it, and shall forthwith mail notice of the filing of such protest and the time and place for hearing it to the person whose nomination is protested. They shall also forthwith mail notice of the time and place fixed for hearing to the person who filed the protest. At the time fixed, such election officials shall here the protest and determine the validity or invalidity of the petition. Such determination shall be final. The board must base its decision pursuant to R.C (A), which states: (A) The Secretary of State or a Board of Elections shall accept any petition described in section of the Revised Code unless one of the following occurs: (1) A-written protest against the petition or candidacy, naming specific objections, is filed, a hearing is held, and a determination is made by the election officials with whorn the protest is filed that the petition is invalid, in accordance with any section of the Revised Code providing protest procedure; (2) A written protest against the petition or candidacy, naming specific objections is filed, a hearing is held, and a determination is made by the election officials with whom the protest is filed that the petitions violates any requirement established by law; (3) The candidate's candidacy or the petition violates the requirements of this chapter, Chapter 3513 of the Revised Code, or any other requirements established by law. When making such decisions, there are many occasions where the board should consider the general test of validity for disputed petitions is substantial compliance with the legal requirements so as to avoid fraud or deception. Absolute compliance with every technicality should not be required in order to constitute substantial compliance, unless such complete and absolute conformance to each technical requirement of the pririted forrn serves a public interest and a public purpose. Ohio favors free competition elections, in which the electorate has the opportunity to make a choice between candidates. State ex rel. King v. Mahoning County Board of Elections 1998 WL , citing Stem v. Board of Elections (1968), 14 Ohio St 2d 175,

38 However, I believe the situation herein, involves a petition that is valid on its face. The petition is nonpartisan as specifically authorized by O.R.C The petition does not assert that Judge Gravens is an independent nor does the printed form supplied by the board make any reference to the term independent. There is no specific prohibition or reference to party affiliation. Instead, the petition, being a nonpartisan nonunating petition recites the mandatory statutory elements needed to qualify as a candidate for Judge. Certification amendments are within the board's powers. State ex rel. Canales-Flores v. Lucas County Board of Elections (2005), 108 Ohio St. 3d 129; State ex rel. Commt for Referendum of Lorain Ordinance No v. Lorain County Board of Elections Ohio, 2002 (2002), 96 Ohio St 3d 308; State ex rel. O'Donnell v. Cuyahoga County Board of Elections (2000), 136 Ohio App. 3d 584. Thus, the board should amend the previous certification of Judge Graven as an independent candidate, to a nonpartisan candidate. Lastly, the board has questioned whether it should beyeviewing any other candidates that filed as independents to see if any of them voted in a partisan primary. The last paragraph of the advisory addresses this, and states: "[Pt is well established that board of elections may accept filed petitions at face value. That is because candidates file their petitions under penalty of election falsification, a board may accept the declaration of the candidate without farther inquiry. However, if a board has personal-knowledge or reason to believe that-the declaration made by a candidate is false, or a protest is filed against an independent candidate, the board may inquire further to dete ṟmine whether sufficient grounds exist to invalidate the candidate's petition and disqualify the candidate from running as an independent." Likewise, the board can sua sponte inquire into independent filings, if it so desires, without a protest. Any challenge to the boards. inquiry would be whether the board abused its' discretion, i.e., inquired into one or few candidates, and not all, and whether the board followed or disregarded the law. I trust the forgoing answered your questions. Very trul-yyouurs Reno J. Oradini, Jr. Assistant Prosecuting Attomey 9

39 From; Laura Black To: Jane Platten Date: 7/3/2007 1:47 PM Subject: Franklin County Jane, I just got through to Matt Darnschroder in Franklin County. He Informed me that Franklip County only applies the advisory if there is a protest brought against a candidate. They do not go through voter history without such a complaint. He also informed me that Franklin County examines the totality of the circumstances in a protest hearing and then determines whether or not the person is unaffiliated in good faith. rhe emphaslzed that Franklin County only applies the advisory to partisan candidacy races. They do not apply the advisory to judicial candidacies. He informed that their legal counsel interprets the advisory, which followed Morrison a Franklin based suit, to ONLY be applied to partisan races. He believes that many other county's are wrongly interpreting the advisory to mean otherwise. Let me know if this helps. You might want to give Mr. Damschroder a call yourself to follow up on the conversation. Laura

40 / From: Jane Platten To: Date: 7/5/ :49 PM Subject: Fw Franklin County Attachments: Frankiin County FYI. We called a few other BOEs to get their perspective on the Independent candidate advisory issue. Here is the summay of a discussionwith Franklin county. I'II send others along also. Jane Jane Platten Director Cuyahoga County Board of Elections

41 ROCKY RIVER MUNICIPAL COURT GENERAL ELECTION ONLY (NO PRIMARY) PETITION NUMBER: 3-31 (formerly 3-3D) LAST FILING DATE: May 7, :00 P.M (Day before May primary) FILING FEE: $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES POSITION and NUMBER IN OFFICE TERM LENGTH NO. OF SIGNATURES ELECT 2007 O.R.C Judge 6 Years Yes (1) Min. 50-Max. 150 Cierk 6 Years Yes (1) Min. 50-Max. 150 INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens INCUMBEhtT CLERK TO BE ELECTED IN 2007: SALARY (As of January 2007) Judge: $111,000 Clerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village Fairview Park North Olmsted Rocky River Westlake Candidates for this office cannot use the Local Candidate Waiver form.

42 2007 PETITION FILING DEADLINE DATES FOR CANDIDATES P=Party Primary Filing NP=Nonpartisan Filing IND = Independent Filing in a cftywith a partisan primary February 22, 2007 August 23, 2007 September 7, 2007 Newburgh Hts. (P) (ALL NONPARTISAN) (ALL NONPARTISAN) North Olmsted (NP) Bay Village Cleveland Hts, City Parma City (P) Beachwood Glenwillow Parma Judicial (P) Bedford City Independence Strongsville (NP) Bentleyville Olmsted Falls Bratenahl South Euclid City March 24, 2007 Brooklyn Warrensville Heights Oakwood (NP) Brooklyn Hts. University Hts. Chagrin Falls Township May 7, 2007 Chagrin Falls Village September 22, 2007 Newburgh Hts. (IND) Cleveland Judicial 4:00 p.in. Brecksville (NP) Parma City (IND) Cuyahoga Hts. Parma Judicial (IND) Euclid City Rocky River Judicial Fairview Park NO ELECTION 2007 Garfield Hts. City Cleveland City Gates Mills East Gleveland Mayor June13,2007 Highland His. Westlake (NP) Broadvtew Hts. (NP) Highland Hills Hunting Valley Bedford Judicial July 19, 2007 Linndale Berea-Judicial Lakewood (NP) Lyndhurst City Cleveland Hts. Judicial North Royalton Mayor & MayFeld Hts. East Cleveland Judicial Council President only (NP) Mayfleld Village Euclid Judicial Middleburg Hts. GarFeld Judicial Jufy 20, 2007 Moreland Hills Lakewood Judicial Rocky River City (P & IND) North Randall Lyndhurst Judicial North Royalton Council only Shaker Hts. Judicial July Olmsted Township South Euclid Judicial (NP) Brook Park (P & IND) Orange Village Maple Hts. (NP) Panna Hts. Pepper Pike 2008 Presidential Prima August 3, 2007 Seven Hills Berea City (P & IND) Shaker Hts. City Valley View Januarv 4, 2008 August 8, 2007 Walton Hills All Partisan Candidates (ALL NONPARTISAN) Woodmere Republican Precinct Bedford Hts. And all Boards of Education Committeepersons. East Cleveland Council Richmond Hts. Solon update 1/17/2007 ^X^.^

43 7/25/2007) Reno Oradini - Fwd: Municipal Court Elections Paae From: Jane Platten To: Reno Oradini CC: Brent Lawler; Gwen Dillingham; Michael Vu; Mike DeFranco Date: 1/19/2007 4:04 PM Subject: Fwd: Municipal Court Elections Please review the below and let us know your opinion. Jane Thank you. Jane Platten Administrator, Administrative Services & Recruitment & Outreach Board of Elections bejmp@cuyahogacounty.us >>> Brent Lawler 1/19/2007 3:59 PM»> MichaeUGwen: Ms. Sheila Delay came to our offices to pull petitions for Clerk of Courts for Rocky River and posed the question to the staffw^ Parma Municipal Court has a partisan primary and Rocky River MunicipalCourt does not. In reviewing the Ohio Revised Code Section it is my belie that municipal courts That are not specifically referenced in the ORC (Cleveland) and those whose jurisdiction is within the boundaries of a single municipality (Euclid) should, when applicable, follow the Charter of the political subdivision. Those not referenced as stated above should hold a partisan primary election and permit the filing of independent candidates the day prior to the May primary. The following is the ORC for a Clerk of Courts: Section Clerkofcourt and deputy clerkse Except in the Akron, Barberton, Cuyahoga Falls, Toledo, Hamilton county, Portage county, and Wayne county municipal coutt5, if the population ofthe territory. equals or exceeds one hundred thousand at the regular municipal electionimmediately preceding the expiration ofthe term ofthe present elerk, the clerkshall be nominated and elected by the qualised electors ofthe territory in the manner that is provided for the nomination and electionofjudges in section httv//codes ohlo oov/oh/ioectdlhf=fflink&amo t=docvmentframe htm&amo I-iumo&amo,iid=56362d17 2bab648b 0 0&amo nid=7a99#jd )ofthe Revised Code. Realizing the deadline for filing for a partisan May primary is February 22, 1 would ask that you forward this question to the Board's legal counsel for an immediate legal opinion. Please let me know, when or if appropriate, what steps CVS staff needs to take to notify potential candidates. There are at Ieast 2 individuals who have taken out petitions for both the Judicial and Clerk of Court races. I am forwarding this to Jane Platten in both of your absences and asking ha-to forward this to our legal counsel. Thank you Brent z Brent E. Lawler Assistant Manager Petitions and Campaign Finance Candidate & Voter Services Division Cuyahoga County Board of FJections 2925 Euclid Ave. Cleveland, 0H Phone: Fax:

44 Pagi From: To: CC: Date: Subject: Attachments: Jane Platten Reno Oradini Gwen Dillingham; Michael Vu 1/22/2007 1:42 PM Rob Frost Letter pdf Reno, This letter was given to me by Mr. Bennett's assistant Linda. It has to do with the issue I ed to you last Friday and Brent Lawler's request for an opinion. Thanks. lane Platten Administrator, Administrative Services & Recruitment & Outreach Board of Elecbons bejmp@cuyahogacounty.us xij

45 APR :43 C,P^. Rp t;l Republican Party of Cutiahoga County Robert S. Frost, Chairman P.02i03 ReEart S. Fost CMlrmen sniry D Fior*wA= Contr3l Ccfnm@me Cheirwamen Grace L. pra6e ExacutlWa Commlaee Chalrvvnmen January 18, 2007 Michael Vu. Director Cuyahoga County Board of Elections 2925 Euclid Avenue Cleveland, Ohio Dear, Director Vu, I have recently reviewed the draft 2007 Election Calendar being produced by the Cuyahoga County Board of Elections and have a concern of some imrnediacy. Regarding the Offices of Judge of the Rocky River Municipal Court, FTC i/1/08, and Clerk of'the 12ocly River Municipal Court, FTC 111/08, the draft 2007 Election Calendar indicates there is no primary, and lists the last faling date as "May 7, :00 P.M.. (day before May primary)." 1'fowever, Ohio Rav- Code Sections and seem to dictate a different schednle. Section (B) states in relevant part as follows: If the jurisdiction of a municipal eourt extends beyond the corporate limits of the municipal corpotation in which it is lacated.., all candidates for party nomination to the office of municipal court judge shall file a declaratiorn of candidacy and petition not later tliar. i f+oiu p m. of'the seventy-fifth day before the day of the primary election,.., If no valid declaration of candidacy is filed fot' nomination as a candidate of'a political party for election to the office of municipal court judge, or if' the number of persons filing the declarations of cartdidacy for nominations as candidates of one political party far election to the office does not exceed the number, ofcandidates that that party is entitled to nominate as its candidates fnr election to the office, no primary election shall be held for the purpose ofnominating candidates of that patty for election to the.tf-1ni.9107 PMI.2:"r i9 DIR 15()0 West Szd Street MK FeY'6`usola Building SuitO 130 ' Cleveland, Llhio 4411;1 Phone Fax Visit us at ww w cuyahogacountygnp coni ^k / ^

46 F1PR= P.03i03 Micbael Vu, Direetor Cuyahoga County Board of Elections January 16,2007 Page 2 office, and the candidates shall be issued certificates of nomination in the manner set forth in section of the Revised Code... If the jurisdiction of a municipal court extends beyond the corporate l.imits of the munioipal corporation in which it is located or if the jurisdietion of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates for the offxee of municipal court judge shall file nominating petitions not later than four p.m. of the day befora the day of the prirnary election inthe form prescribed by section ofthe Revised Code.. It is clear from a reading of ORC Section that candidates for the office of Judge of the Rocky Rivet Municipal Court may be noniinated by primary election, or if the candidate is nonpartisan, by nominating petition. I't is further clear from a reading of ORC Section that the same nominating procedure applies to candidates for the office of Clerk of the Rocky River Municipal Court, as the population of the Court District as-of the 2000 Cersus is 120,226. It is my understanding that such primary election would take place on MayB, 2007, and that the filing deadline for party candidates would be February 22, 200 7, that is, 75 days prior In such case, it.would be only for nonpartisan candidates that the last frling.date. would be May 7, Please confirm in writing as soon as possible as to wltether or not my reading of ORC Section '7 and is correct, and if so, please provide me witb a copy of'the declaration of candidacy and petifion wbich should be used by Republican candidate(s) to said offices. If there is any question remaining regarding this matter, I ask that you submit the question to your legsl counsel, the Cuyahoga County Prosecuting Attomey, as soon as possible for an opinion- Should you require any additional information, please contact me at (216) ,. /^ Robcrt S. Frost'' Copy: Robert T. 73ennet, Chairman, Cuyahoga County Board of Elections William D. Mason, Cuyahoga County Prosecuting Attorrtey ^ Y4 4 TOTAL P. H3

47 t..ot.,),..-+i.,.,. :.i : f f o^ ^ T )!1R--'Srlr NX77 n7r,.,,ft=l7tt fr 'RR f ^nsi^nn^ Page 2 of 6 RC Page 1 C Baldwin's Ohio Revised Code Annotated Currentness Title XIX. Courts-Municipal-Mayor's-County 5e Chapter Municipal Court (Refs & Annos) F14 Judges ^ Term of office of judge; nominations (A) All municipal court judges shall be elected on the nonpartisan ballot for temcs of six years. In a municipal court in which only one judge is to be elected in any one year, that judge's term commences on the first day of January after the election. In a municipal court in which two or more judges are to be elected in any one year, their terms commence on successive days beginning the first day of January, following the election, unless otherwise provided by section of the Revised Code. (B) All candidates for municipal court judge may be nominated either by nominating petition or byprimary election, except that if the jurisdiction of a municipal court extends only to the corporate limits of the municipal corporation in which the court is located and that municipal corporation operates under a charter, allzandidates shall be nominated in the same manner provided in the charter for the office of municipal court judge or, if no specific provisions are made in the charter-for the office of municipal courtjudge, in the same manner as the charter prescribes for the nomination and election of the legislative authority of the municipal corporation. If the j urisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, all candidates for party nomination to the office of municipal court judge shall file a declaration of candidacy and petition not later than four p.m. of the seventy-fifth day before the day-of the primary election,-or if the primary election is a presidential primary election, not later than four p.m. of the sixtieth day before the day of the-presidential primary election, in the form prescribed by section of the Revised Code. The petition shall conform to the requirements provided for those petitions of candidacy contained in section of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the courl If no valid declaration of candidacy is filed for nomination as a candidate of a political party for election to the office of municipal courtjudge, or if the number of persons filing the declarations of candidacy for nominations as candidates of one political party for election to the office does not exceed the number of candidates that that party is entitled to nominate as its candidates for election to the offce, no primary election shall be held for the purpose of nominating candidates of that party for election to the office, and the candidates shall be issued certificates of nomination in the manner set forth in section of the Revised Code. If the jurisdiction of a municipal court extends beyond the corporate Limits of the municipal corporation in which it is located or if thejurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates for the offce of municipal courtjudge shall file norniinating petitions not later than four p.m. of the day before the day of the primary election in the fonn prescribed by section of the Revised Code. The petition shall conform to the requirements provided for those petitions of candidacy contained in section of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. The nominating petition or declaration of candidacy for a municipal courtjudge shall contain a designation of the m 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

48 Page 2 R.C term for which the candidate seeks election. At the following regular municipal election, the candidacies of the judges nominated shall be submitted to the electors of the territory on a nonpartisan, judicial ballot in the same manner as provided for judges of the court of common pleas, except that, in a municipal corporation operating under a charter, all candidates for municipal court judge shall be elected in conformity with the charter if provisions are made in the charter for the election of municipal courtjudges. (C) Notwithstanding divisions (A) and (B) of this section, in the following municipal courts, the judges shall be nominated and elected as follows: (1) In the Cleveland municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of the courk It shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Cleveland for filing petitions of candidates for municipal offices. Each elector shall have the right to sign petitions for as many candidates as are to be elected, but no more. The judges shall be elected by the electors of the territory of the court in the manner provided by-law for the election of judges of the court of common pleas. (2) In the Toledo municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of ihe court. It shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Toledo for filing nominating petitions for city council. Each elector shall have the right to sign petitions for as many candidates as are to be elected, but no more. The judges shall be elected by the electors of the territory of the court in the manner provided by law for the election of judges of the court of common pleas. (3) In the Akron municipal court,-the judges shall be nominated only-by petition. The petition shall be signed by at least fifty electors of the territory of the court. It shall be in statutory form and shall be filed in the manner and within-the time prescribed by the charter of the city of Akron for filing nominating petitions of candidates for municipal offices. Sach elector shall have the right to sign petitions for as many candid"ates as are to be elected, but no more. Tbe judges shall be elected by the electors of the territory of the court in the manner provided by law for the election ofjudges of the court of common pleas. (4) In the Hamilton county municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of the coure, which petitions shall be signed, verified, and filed in the manner and within the time required by law for nominating petitions for members of council of the city of Cincinnati. The judges shall be elected by the electors of the territory of the court at the regular municipal election and in the manner provided by law for the election of judges of the court of common pleas. (5) In the Franklin county municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of the court. The petition shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Columbus for filing petitions of candidates for municipal offices. The judges shall be elected by the electors of the territory of the court in the manner provided by law for the election of judges of the court of common pleas. (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, Hocking, Jackson, Lawrence, Madison; Miami, Morrow, Portage, and Wayne county municipal courts, the judges shall be nominated only by petition. The petitions shall be signed by at least fifty electors of the territory of the court and sball conform to the provisions of this section. (D) As used in this section, as to an election for either a full or an unexpired term, "the territory within the jurisdiction of the court" means that territory as it will be on the first day of January after the election. (2006 S 171, eff ; 2006 H 3, eff ; 2004 H 38, eff ; 1993 S 150, eff ; 1991 H 200; 1988 H 708; 1986 H 159, H 524; 1985 S 65; 1983 S 213; 1981 H 1; 1980 H 1062, H 961; 1977 H 312; (D 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.._.--, L_-,^! :^i..^_ l19.^..-^i7t 1177 n'7p..-.^{=f-athat II,Pr4:. ^7io cvr)nrr7

49 RC Page H 205; 1974 H 662; 1973 H 8; 1971 S 460, H 629; 1969 H 844; 132 v H 255, H 361, H 354; 131 v H 667; 130 v H 266; 128 v 389; 127 v 636; 126 v 853; 125 v 496; 1953 H 1; GC 1587) UNCODIFIED LAW 2005 H 66, , eff , reads: (A)(1) The Clerk of the Medina Municipal Court shall be elected by the qualified electors of the territory of the court in the manner that is provided for the election of the judge of that court in section of the Revised Code at the first general election that occurs not less than six months after the effective date of this section. (2) Notwithstanding division (Ax1)(a) of section of the Revised Code, the term of the Clerk of the Medina Municipal Court elected under division (A)(1) of this section shall commence on the first day of January following the, clerk's election and continue untiytheclerks successor is elected and qualified. The clerk's successor shall be elected pursuant to the scbedule for the election of the judge of that court in sections and of the Revised Code. (B) The Clerk of the Medina Municipal Court shall continue in office until the clerk elected pursuant to division (A) of this section takes office. ff the office of Clerk of the Medina Municipal Courtbecomes vacant prior to the date that the clerk elected pursuant to division (A) of this section takes office, the j:udges of the court shall appoint a clerk to serve until the clerk elected pursuant to division (A) of this section takes office H 105, 3: See Uncodified Law under 190I.01. HISTORICAL AND STATUTORY NOTES Pre-1953 H 1 Amendments: 124 v S 14; 114 v 475 Ameodment Note: 2006 S 171 inserted "Carroll," between "Brown" and "Clermont" in division (C)(6). Amendment Note: 2006 H 3 rewrote this section. See Baldwin's Ohio Legislative Service Annotated, 2006, page 1/L-21, or the OH-LEGIS or OH-LEGIS-OLD database on WESTLAW, for prior version of this section. Amendment Note: 2004 H 38 substituted "thatjudge's" for "his" in division (A); and inserted "Brown," and "Morrow," in division (C)(6). CROSS REFERENCES Declaration of candidacy forjudge; candidate for any unexpired term, , Nonpartisan ballots, Time for holding elections for state and local officers; terms of office, 0 Const Art XVII I LIBRARY REFERENCES Judges C7-3, 7. Westlaw Topic No C.J.S. Judges 12 to 13, 21 to 24, 27 to Thomson/West. No Claim to Orig. U.S. Govt. Works. W 7.07&prft=HTMLE&fn... 7/25/2007

50 From: Brent Lawler To: 2007 election calendar Date: 1/30/ :35 AM Subject: 2007 Election Calendar Amended Pages Attachments: Rocky River Municipal Court 2007.doc; North Olmsted CSD.doc; Bratenahl.doc; Parma Municipal Court 2007.doc 1/30/2007 Please find attached amended 2007 election calendar pages. Please destroy the previous version of these pages. Where applicable, please provide a copy of each amended page to your staff. Included Pages: Rocky River Muny Court Added FTC dates for both offices and added the incumbent clerks name Parma MunV Court Added FTC date forjudge Bratenahl Changed the incumbent for the clerk North OlmstedCity School Corrected the district infomiation. Thank you, Brent E. Lawler Assistant Manager Petitions and Campaign Finance Candidate & Voter Services Division Cuyahoga County Board of Elections 2925 Eudid-Ave. Cleveland, OH Phone: Fax: :6466 l^ ^^ ^

51 ROCKY RIVER MUNICIPAL COURT GENERAL ELECTION ONLY (NO PRIMARY) PETITION NUMBER: 3-31 (formerly 3-3D) LAST FILING DATE: May 7, :00 P.M (Day before May primary) FILING FEE: $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES POSITION and NUMBER IN OFFICE TERM LENGTH NO. OF SIGNATURES ELECT 2007 O.R.C Judge 6 Years Yes (1) Min. 50-Max Clerk 6 Years Yes (1) Min. 50-Max. 150 INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens Full Term Commencing 1/1/2008 INCUMBENT CLERK TO BE ELECTED IN 2007: William Gareau Full Term Commencing 111/2008 SALARY (As of January 2007) Judge: $11 i, 000- CFerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village Fairview Park North Olmsted Rocky River Westlake Candidates for this office cannot use the Local Candidate Waiver form. j/ ^6 L- Update 150I2007

52 From: To: CC: Date: Subject: Attachments: Michael Vu Reno Oradini Brent Lawler; Gwen Dillingham 1/30/2007 4:43 PM Fwd: Rocky river court district Fwd: Municipal Court Elections Reno: Staff has Inquired about the status of this legal request? I've attached the original that was sent. Thanks. Michael Vu Diredor Cuyahoga County Board of Elections >>> Brent Lawler 1/29/2007 4:30 PM»o Michael/Gwen: Could you please ask Legal what the status of my concern about a partisan primary in the Rocky River Muny Court District. If there Is a primary, the filing deadline is February 22 and it would change the signature requirements for an Independent candidate. Brent &:^,x 4 /.^

53 From: Jane Piatten To: Reno Oradini CC: Brent Lawier; Gwen Diliingham; Michael Vu; Mike DeFranco Date: 1/19/2007 4:04 PM Subject: Fwd: Municipal Court Elections Please review the below and let us know your opinion. Jane Thank you. Jane Platten Administrator, Administrative Services & Recruitrnent & OutTeach Board of Elections Brent Lawler 1/19/2007 3:59 PM»> Michael/Gwen: Ms. Sheila Delay came to our offices to pull petitions for Clerk of Courts for Rocky River and posed the question to the staff why Parma Municipal Court has a partisan primary and Rocky River Municipal Court does not. In reviewing the Ohio Revised Code Section it is my belief that municipal courts that are not specifically referenced in the ORC (Cleveland) and those whose jurisdiction is within the boundaries of a single municipality (Euclid) should, when applicable, follow the-chartei of the political subdivision. Those not referenced as stated above should hold a partisan primary election and permit the filing of independent candidates the day prior to the May primary. The following is the ORC for a Clerk of Courts: Section : Clerkofcourt and deputy clerks: Except in the Akron, Barberton, Cuyahoga Falls,Toledo, Hamilton county, Portage county, and Wayne county municipal courts, if the population ofthe territory equals or exceeds one hundred thousand at the regular municipal electionimmediately preceding the expiration ofthe tam ofthe present derk, the derkshall be nominated and elected by the qualified electors ofthe territory in the manner that is provided for the nontination and electionofjudgesin section htto://codes.ohlo.aov/oh/ioext.dlhf=fflink&amn;t=documentframe.htm&amo:l=iumo&amo:iid=56362d17.2bab848b.0.0&amo:nid=7ayj9#jd )ofthe Revised Code. Realizing the deadline for filing for a partisan May primary is February 22, I would ask that you forward this question to the Board's legal counsel for an inanediate legal opinion. Please let me know, when or if appropriate, what steps CVS staff needs to take to notify potential candidates. There are at least 2 individuals who have taken out petitions for both the Judicial and Clerk of Court races. I am forwarding this to Jane Platten in both of your absences and asking her to forward this to our legal counsel. Thank you Brent Brent E. Lawier Assistant Manager Petitions and Campaign Finance Candidate & Voter Services Division Cuyahoga County Board of E7ections 2925 Eudid Ave. Cleveland, OH Phone: Fax: ^"'^ L^

54 From: Michael Vu To: Reno Oradini Date: 1/31/2007 1:03 PM Subject: Re: Fwd: Rocky river court district Thank you. I'll forward your response along to the Board. Michael Vu Director Cuyahoga County Board of Elections»> Reno Oradini 1/31/ :59 PM»> Michael: Please advise the board that party candidates for judge and clerk of court in the Rocky River municipal court district must file a declaration of candidacy and petition by 4:00 p.m.;february 22, 2007, and nonpartlsan candidates must file nominadng petitions not later than four p.m. of the day befbre the day of the primary election. The relevant code sections are as follows. R.C (B) states, In relevant part: "If the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located***and no charter provisions apply, all candidates for party nomination to the office of municipal court judge shall file a dedaration of candidacy and petltion not later than 4:00 p.m. of the seventy-fifth day before the day of the primary election***nonparusan candidates for the office of munidpal court judge shall file nominating petitiqns not later than four p.m. of the day before the day of the primary election***" R.C (A)(1)(a)states, in relevant part:"***if the population of the territory equals or exceeds one hundred thousand at the regular municipal election immediately preceding the expiradon of the term of the present clerk, the deck shall be nominated and elected by the qualified electors of the territory in the manner that is provided for the nomination and election of judges in sectlon of the Revised Code. Please feel free to contact me with any additional questions. Reno >>> Michael Vu 1/30/2007 4:43 PM»> Reno: Staff has inquired about the status of this legal request? I've attached the original that was sent. Thanks. Michael Vu Director Cuyahoga County Board of Elections >>> Brent Lawler 1/29/2007 4:30 PM»> Michael/Gwen: Could you please ask Legal what the status of my concem about a partisan primary in the Rocky River Muny Court Distdct. If there is a primary, the filing deadline is February 22 and it would change the signature requirements for an Independent candidate. Brent ^L ^. E^

55 From: To: CC: Date: 3ubject: Attachments: Brent Lawler CVS Manager; Dillingham, Gwen; Maiden, Jacqui; Oradini, Reno; Vu, Mi... 1/31/2007 3:11 PM Re: Fwd: Rocky river court disttict 2007 candidate guide.pdf; RockyRiverMunicipalCourt2007 partisan.doc; 02hJud ge clerk party prim.pdf Dear Law Director Bemer: As we discussed please review the below legal opinlon by the Board of Election's legal counsel. I have attached an amended Rodcy Rlver Munidpal Court calendar page, SOS 2007 candidate guide and the state prescribed party municipal court petition for your immediate review and signed appmvai. Thank you, Brent E. Lawler Assistant Manager Petltions and Campaign Fnance Candidate & Voter Services Division Cuyahoga County Board of Elections 2925Euclid Ave. Cleveland, OH Phone: Fax: >>> Reno O2din1 1/31/ :S9 AM»> Michael: Please advise the board that party candidates for judge and derk of court in the Rocky River munidpal court distiict must file a declaradon of cendidacy and petitlon by 4:00 p.m., February 22, 2007, and nonparbsan candidates must file nominating petitions not later than four p:m. of the day before the day of the-primary electlon. The relevant code sections are as follows. R.C (B) states, in relevant part: "If the judsdiction of a munidpal court extends beyond the corporate limits of the municipal corporation in which It is located***and no charter provisions apply, all candidates for party nomination to the office of municipal court judge shall file a dedaration of candidacy and petition not later than 4:00 p.m. of the seventy-fifth day before the day of the primary efectlon***nonpartisan candidates fbr the office of municipal court judge shall file nominating petitions not later than four p.m. of the day before the day of the pdmary election***" R.C (A)(1)(a)states, in relevant part:"***if the population of the territory equals or exceeds one hundred thousand at the regular munidpal electton immediatey preceding the explration of the term of the present derk, the clerk shall be nominated and elected by the qualified electors of the territory in the manner that is provided for the nomination and election of judges in section of the Revised Code. Please feel free to contact me with any additional questlons. Reno >>> Michael Vu 1/30/2007 4:43 PM >>> Reno: Staff has inquired about the status of this legal request? I've attardied the odginal that was sent. Thanks. Michael Vu Director Cuyahoga County Board of FJeclions»> Brent Lawler 1/29/2007 4:30 PM»> Michael/Gwen: ex^, F-

56 Could you please ask Legal what the status of my concem about a partisan primary in the Rodcy River Muny Court District. If there is a primary, the filing deadline is February 22 and it would change the signature requirements for an Independent candidate. Brent ^k^ r

57 ROCKY RIVER MUNICIPAL COURT PARTY PRIMARY MAY 8, 2007 ( see bottom of page) PETITION NUMBER: LAST FILING DATE: PETITION NUMBER: LAST FILING DATE: FILING FEE: 2H (PRIMARY - PARTY CANDIDATE) FEBRUARY 22, :00 P.M. (75 days before primary) 3-31 (GENERAL - INDEPENDENT CANDIDATE) (Formerly 3-3D) MAY 7, :00 P.M. (day before scheduled primary date) $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES NO. OF SIGNATURES POSITION and NUMBER IN OFFICE TERM ELECT LENGTH 2007 PRIMARY C. R.C GENERAL *PER O.R.C. 2 Judge 6 Years Yes (1) Min. 50 Max. 150 (1% of Gubernatorial Vote) *Min.542 Max Min. 50 Yes (1) -Min. 50 Clerk 6 Years Max. 150 Max. 150 INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens Full Term Commencing 1/1/2008 INCUMBENT CLERK TO BE ELECTED IN 2007: William Gareau Full Term Commencing 1/1/2008 SALARY (As of January 2007) Judge: $111,000 Clerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village 8,178 Fairview Park 8,093 North Olmsted 14,485 Rocky River 9,684 Westlake 13,764 Total Votes 54,204 Candidates for this office cannot use the Local Candidate Waiver form. PRIMARY ELECTION Party Primary held only if: Judge: Two or more candidates from same party files. Update 1/31/2007

58 ROCKY RIVER MUNICIPAL COURT GENERAL ELECTION ONLY (NO PRIMARY) PETITION NUMBER: 3-31 (formerly 3-3D) LAST FILING DATE: May 7, :00 P.M ( Day before May primary) FILING FEE: $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES POSITION and NUMBER IN OFFICE TERM LENGTH NO. OF SIGNATURES ELECT 2007 O.R.C Judge 6 Years Yes (1) Min. 50-Max Clerk 6 Years Yes (1) Min. 50-Max. 150 INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens Full Term Conimencing 111/2008 INCUMBENT CLERK TO BE ELECTED IN 2007: William Gareau Full Tenn Commencing 1/1/2008 SALARY (As of January 2007) Judge: $111,000 Clerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village Fairview Park North Olmsted Rocky River Westlake Candidates for this ofbce cannot use the Local Candidate Waiver form. Updatel/30/2007

59 Form No. 2-H Prescnhed by Secretary of State (06-06) DECLARATION OF CANDTDACY PARTY PRin4ARY ELECTION For Judge or Clerk of the Municipal Court To be filed with the Board of Elections not later than 4 p.m. of the 75th day before the primary election. Revised Code ,.31, ,.07, A8,.09,.10,. 191, NOTE - THE CANDIDATE MUST FII.L IN, SIGN AND DATE TIiE STATEMENT OF CANDIDACY BEFORE PETF77ONS ARE CIRCULATED. I, the undersigned, herreby declare under penalty of (Name ofcandidate) electionfalsiftcation that my voting residerace address is (City or Village) (Street and Number, if any, or Rural Route Nuni6er) Ohio and I am a qualfed elector. (zip Code) I further declare that I desire to be a candidate for nornination to the office of of the Municipal Court, as a member of the (Insert "7udge," or "Clerk") Partv for the: 0 full term commencing (Check one box and fill in the appropriate date) or [I unexpired ternt ending at theprimary election to be held on the day of I further declare that, ifelected to this office or position, I will qualify therefor, and I will support and abide by the principles enunciatedby the Partx Dated this day o f (SignatureofCandida4e) WHOEVER CORfMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. PETITION FOR CANDIDATE (This petition shal l be circulated only by a member of the same political party as stated above by the candidate) Gfle, the undersigned qualfed electors of the State of Ohio, whose voting residence is in the county city, village, or township, set opposite our names, and members of the Party, hereby certify that _, whose declaration ofcandidacy isfiled herewitl; is in our opinion, well (NameofCandidate) _ qualihed to perforn the duties ofthe office or position to which the person desires to be elected Signatures on this petition must be from only one county and must be written in ink. Signatures on this petition shall be of persons who are of the same political party as stated above by the candidate. 1. SIGNATURE VOTING RESIDENCE ADDRESS STREETANDNUMBER C11-1', VILLAGE, TOWNSHIP COUNTY DATE OF SIGNING

60 8. SIGNATURE VOTING RESIDENCE ADDRESS STREETA^'DNIiMBER CITY, VII.LAGE, TON'NSHIP COUNTY DATE OF SIGNING CIRCULATOR STATEMENT - Must be completed and signed by circulatoc L, declare under penalty of electionfalsification that I am a qualfied elector of (Printed Name of Circulator) the State of Ohio and reside at the address appearing below nry signature; that I am a member of the Party; that I am the circulator of the foregoing petition containin.g (Nwnher) signatures; that I witnessed the qfting of every signature; that all signers were to the best of nry knoehedge and belief qualified to sign,' and that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuancto section ofthe Revbred Code WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. (Signnture ofcircnlator) (Perrnonent residence address in this state) (Cfty or Village and Zip Code) d W v N W 2.22 a7y k O V UC4 Si '" O 5 :^ v. ^ q '7 o ^ W LLi W f^.^ ^ ^!y

61 WCUYAI-1OGA COUNIY BOARD OF ELEC77ONS RobertI6ennett EdwardC.Coaxum,Jx Se14yDFloctiewicz LoxeeK.Soggs L.MicfiaelVU GwendolynDiilinglism Chermxm D(mefor Depidy Dbecfor February 1, 2007 via tegulat and certitied mail Deat As we discussed, please be advised that legal counsel fox the Cuyahoga County Board of'elections has advised that a partesan plimaty is to be scheduled for both Judge and Clerk of Courts in ^e Rocky River Municipal Court District As a u t this o inion a partisan filing deadline of February 22, :00 pm has been establisherl Ihe independent filing deadlin emains on May 7, 2007 at 4:00 pm ^-.._..:.. Please find enclosed the amended 2007 calendar page that reflects the change noted above for the Rocky Rive Municipal Court District Also enclosed are Secretary of State genelic partisan petitions if you choose to run as a partisan candidate. The petition given to you earlier for an independent candidate remain valid fo: the Rocky River Municipal Court races. Please notify me via mail or as to your intentions on how you wish to be listed on the candidate list (party candidate - indicate Democrat, Republican or Independent) Thank you for your understanding and_patience Please contact me if you have any questions or I can assist you in anyway. sincerely, Brent E. Iawler, Assistant Ivf.anager Campaign Finance & Petitions OfHce phone: Office fax: Office bebel@cuyahogacounty us Candidate and Voter Services Division 2925 EucGd Avenue Cleveland, Ohio (116) wwwcuyattoga<ouuty.us/bae Ohio RelaySeivice711 ^^, lf^

62 ^c^ wu: ^ r^a iu ^,iauu u c^^r cieuuun.,aienoai rcock^ rclver uuaiciai ramsan cieeaon aaaea t'a From: Brent Lawler To: 2007 election calendar Date: 2/2/2007 3:30 PM Subject: 2007 Election Calendar Rocky River Judicial Partisan Election added Attachments: RockyRiverMunicipalCourt2007pardsan.doc; ParmaMunicipalCourt2007.doc; A El ection Dates Page 2007.doc; A Regular Filing Deadlines2007.doc; A Write-In Filing Deadlines 2007.doc 2/2/2007 Please be advised that legal counsel for the Cuyaboga County Board of Elections has advised that a partisan primary is to be scheduled for both Judge and Clerk of Courts in the Rocky River Municipal Court District Also amended, signature requirements for Parma and Rocky River Court Distdct. Please find attached amended 2007 election calendar pages. Please destroy the previous version of these pages. Where applicable, please provide a copy of each amended page to your staff. Included Pages: Rockv River Munv Court Added Primary Election and amended signature requirements. Parma Munv Court Amended signature requirements 2007 Election Dates Added May 8' Rocky River Judicial Primary 2007 Petition Filing Deadline Dates for Candidates- Added Rocky River Judicial (Partisan) 2007 Write-In Filing Deadline Dates for Candidates Added Rocky River Judicial (Partisan) Brent E. Lawler Assistant Manager Petitlans and Campaign Finance Candidate & Voter Services Division Cuyahoga County Board of Elections 292S EucIldAve. Cleveland, OH Phone: Fax: ^^X^^^

63 ROCKY RIVER MUNICIPAL COURT PARTY PRIMARY MAY 8, 2007 (see bottom of page) PETITION NUMBER: 2H (PRIMARY - PARTY CANDIDATE) LAST FILING DATE: FEBRUARY 22, :00 P.M. (75 days before primary) PETITION NUMBER: 3-31 (GENERAL - INDEPENDENT CANDIDATE) (Formerly 3-3D) LAST FILING DATE: MAY 7, :00 P.M. (day before scheduled primary date) FILING FEE: $ $30.00 OEC Fee = Total Fee $80.00 ELECTED OFFICES NO. OF SIGNATURES POSITION and TERM ELECT *PRIMARY *GENERAL NUMBER IN OFFICE LENGTH 2007 O.R.C O.R.C (B) 2 Judge 6 Years Yes (1) Min. 50 Min. 50 Max. 150 Max Clerk 6 Years Yes ( 1) Min.50 Min.50 Max. 150 Max. 150 `Pursuant to R:C (B), partisan and nonpartlsan candidates in the Rocky River Municipal Court Districts are required to submit petitions signed by at least 50 electors, and not more than 150, electors of the territory of the court. INCUMBENT JUDGE TO BE ELECTED IN 2007: Maureen Adler Gravens Full Term Commencing 1/1/2008 INCUMBENT CLERK TO BE ELECTED IN 2007: Wilfiam Gareau FuIlTerm Commencing 1(1/2008 SALARY (As of January 2007) Judge: $111,000 Clerk of Courts: $ 94,350 MUNICIPALITIES OF COURT DISTRICT Bay Village 8,178 Fairview Park 8,093 North Olmsted 14,485 Rocky River 9,684 Westlake 13,764 Total Votes 54,204 Candidates for this office cannot use the Local Candidate Waiver form. PRIMARY ELECTION Party Primary held only if: Judge: Two or more candidates from same party files. ^r k 0/2 J, ^ /' ^- Update 2/212007

64 2007 PETITION FILING DEADLINE DATES FOR CANDIDATES P=Party Primary Filing NP=Nonpartisan Filing IND = Independent Filing in a city with a partisan primary February 22, 2007 September 7, 2007 Newburgh Hts. (P) August (ALL NONPARTISAN) North Olmsted (NP) (ALL NONPARTISAN) Cleveland Hts. City Parma City (P) Bay Village Glenwillow Parma Judicial (P) Beachwood Independence Rocky River Judicial (P) Bedford City Olmsted Falls Strongsville (NP) Bentleyville South Euclid City Bratenahl Warrensville Heights MarcFr Brooklyn University Hts. Oakwood (NP) Brooklyn Hts. Chagrin Falls Township September 22,2007 MaY 7: 2007 Chagrin Falls Village Brecksville (NP) Newburgh Hts. (IND) Cleveland Judicia14;00 p.m. Parma City (IND) Cuyahoga Hts. Parma Judicial (IND) Euclid City NO ELECTION 2007 Rocky River Judicial (IND) Fairview Park Cleveland City GarField Hts. City East Cleveland Mayor Gates Mills Westlake (NP) June Highland Hts. Broadview Hts. (NP) Highland Hills Bedford Judicial Hunting Valley Berea Judicial- July 19, 2007 Linndale Cleveland Hts. Judicial Lakewood (NP) Lyndhurst City East Cleveland Judicial North Royalton Mayor & Mayfield Hts. Euclid-Judicial Council President only (NP) MayHeld Village Garfield Judicial Middleburg Hts. Lakewood Judicial July Moreland Hills Lyndhurst Judicial Rocky River City (P & IND) North Randall Shaker Hts. Judicial North Royalton Council only South -Euclid Judicial (NP) July Olmsted Township Brook Park (P & IND) Orange Village Ma ple Hts. (NP) Parma Hts Presidential Primar Pepper Pike Aunust 3, 2007 Seven Hills January 4, 2008 Berea Cfty (P & IND) Shaker Hts. City Valley View All Partisan Candidates & Aunust Walton Hills Republican Precinct (ALL NONPARTISAN) Woodmere Committeepersons. Bedford Hts. And all Boards of Education East Cleveland Council Richmond Hts. Solon ^5 k^^ Update 2/1l2007

65 Page 1 ILC C Baldwin's Ohio Revised Code Annotated Currentness Title XIX. Courts-Municipal-Mayor's-County ^a Chapter Municipal Court (Refs & Annos) F Judges Term of office of judge; nominations (A) All municipal court judges shall be elected on the nonpactisan bauot for terms of six years. In a municipal court in which only one judge is to be elected in any one year, that judge's term commences on the first day of January after the election. In a municipal court in which two or more judges are to be elected in any one year, their terms commence on successive days beginning the first day of January, following the election, unless otherwise provided by section of the Revised Code. (B) All candidates for municipal court judge may be nominated either by nominating petition or by primary election, except that if the jurisdiction of a municipal court extends only to the corporate limits of the municipal corporation in which the court is located and that municipal corporation operates under a charter, all candidates shall be nominated in the same manner provided in the charter for the office of municipal cour[ judge or, if-no specific provisions are made in the charter for the office of municipal court judge, in the same manner as the charter prescribes for the nomination and election of the legislative authority of the municipal corporation. If-the jurisdiction of-a municipal courtextends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate -limits-of the municipal corporation in which it is located and no charter provisions apply, all candidates for party nomination to the office of municipal courtjudge shall file adeclaration of candidacy andpetition not later than four p.m. of the seventy-fifth day before the day of the primary election, or if the primary election is a presidential primary election, not later than four p.m. of the sixtieth day before the day of the presidential primary election, fn the form prescribed by section of the Revised Code. The petition shall conform to the requirements provdded for those petitions of candidacy contained in section of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. If no valid declatation of candidacy is filed for nomination as a candidate of a polit)cal party for election to the office of municipal courtjudge, or if the number of persons filing the declarations of candidacy for nominations as candidates of one political party for election to the office does not exceed the number of candidates that that party is entitled to nominate as its candidates for election to the office, no primary election shall be held for the purpose of nominating candidates of that party for election to the office, and the candidates shall be issued certificates of nomination in the manner set forth in section of the Revised Code. If the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the muni,cipal corporation in which it is located and no charter provisions apply, nonpartisan candidates for the office of municipal courtjudge shall file nominating petitions not later than four p.m. of the day before the day of the primary election in the form prescribed by section of the Revised Code. The petition shall conform to the requirements provided for those petitions of candidacy contained in section of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. The nominating petition or declaration of candidacy for a municipal courtjudge shall contain a designation of the 2007 Thomson/West. No Claim to Orig. U.S. Govt Works. t,++ u.x,pt,? ix,pqtlaw cnn,/nrintlnrintstream.asnx?vr=2.0&rs=wlw7.07&prft=htmle&fn... 7/25/2007

66 Page 2 RC term for which the candidate seeks election. At the following regular municipal election, the candidacies of the judges nominated shall be submitted to the electors of the territory on a nonpartisan, judicial ballot in the same manner as provided for judges of the court of common pleas, except that, in a municipal corporation operating under a charter, all candidates for municipal court judge shall be elected in conformity with the charter if provisions are made in the charter for the election of municipal court judges. (C) Notwithstanding divisions (A) and (B) of this section, in the following municipal courts, the judges shall be nominated and elected as follows: (1) In the Cleveland municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of the court It shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Cleveland for filing petitions of candidates for municipal offices. Each elector shall have the right to sign petitions for as many cattrlidates as are to be elected, but no more. The judges shall be elected by the electors of the territory of the court in the manner provided by law for the election of judges of the court of conunon pleas. (2) in the Toledo municipal court, the judges shall be nominated only by petition. The pet ition shall be signed by at least fifty electors of the territory of the court. It shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Toledo for filing nominating petitions for city council. Each elector shall have the right to sign petitions for as many candidates as are to be elected, b at no more. The judges shall be elected by the electors of the territory of the court in the manner provided by law for the election of judges of the court of conunon pleas. (3) In the Akron municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the tenitory of the court. It shall be in statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Akron for filing nominating petitions of candidates for municipal ofsces. Each elector shall have-the right to sign petitions for as many candidates as are to be elected, but no more. The judges shall be elected by the electors of the territory of the court in the manner provided by law for the election ofjudges of the court of common pleas. (4) In the Hamilton county municipal court, the judges shall be nominated only by petition. The-petition shall be signed by at least fifty electors of the territory of the court, which petitions shall be signed; verified, and filed in the manner and within the time required by law for nominating petitions for members of council of the city of Cincinnati. The judges shall be elec"ted by the electors of the territory of the court at the regular municipal election and in the manner provided by law for the election of judges of the court of conunon pleas. (5) In the Franklin county municipal court, the judges shall be nominated only by petition. The petition shall be signed by at least fifty electors of the territory of the court. The petition shall be in the statutory form and shall be filed in the manner and within the time prescribed by the charter of the city of Columbus for filing petitions of candidates for municipal offices. 'fliejudges shall be elected by the electors of the territory of the court in the manner provided by law for the election ofjudges of the court of_conunon pleas. (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Portage, and Wayne county municipal conrts, thejudges shall be nominated only by petition. The petitions shall be signed by at least fifty electors of the territory of the court and shall conform to the provisions of this section. (D) As used in this section, as to an election for either a full or an unexpired term, "the territory within the jurisdiction of the court" means that territory as it will be on the first day of January after the election. (2006 S 171, eff ; 2006 H 3, eff ; 2004 H 38, eff ; 1993 S 150, eff ; 1991 H 200; 1988 H 708; 1986 H 159, H 524; 1985 S 65; 1983 S 213; 1981 H 1; 1980 H 1062, H 961; 1977 H 312; 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works. t,ffn-1/u,ph2 westlaw.com/nrint/printstream.aspx?vr=2.0&rs=wl.w7.07&prft=htm'le&fn... 7/25/2007

67 Page 3 R:C H 205; 1974 H 662; 1973 H 8; 1971 S 460, H 629; 1969 H 844; 132 v H 255, H 361, H 354; 131 v H 667; 130 v H 266; 128 v 389; 127 v 636; 126 v 853; 125 v 496; 1953 H 1; GC 1587) UNCODIFIED LAW 2005 H 66, , eff , reads: (A)(1)1"he Clerk of the Medina Municipal Court shall be elected by the qualified electors of the territory of the court in the manner that is provided for the election of the judge of that court in section of the Revised Code at the first general election that occurs not less than six months after the effective date of this section. (2) Notwithstand'mg division (A)(IXa) of section i of the Revised Code, the term of the Clerk of the Medina Municipal Court elected under division (Axl) of this section shall commence on the first day of January following the clerk's election and continue until the clerk's successor is elected and qualified. The clerk's successor shall be elected pursuant to the schedule for the election ofthe judge of that court in sections and of the Revised Code. (B) The Clerk of the Medina Municipal Court shall continue in office until the clerk elected pursuant to division (A) of this section takes office. If the office of Clerk of the Medina Municipal Court becomes vacant prior to the date that the clerk elected pursuant to division (A) of this section takes office, the judges of the court shall appoint a clerk to serve until the clerk elected pursuant to division (A) of this section takes office H 105, 3: See Uncodified Law under HISTORICAL AND STATUTORY NOTES Pre-1953 H 1 Amendments: 124 v S 14; 114 v 475 Amendment Note: 2006 S 171 inserted "Carroll," between "Brown" and "Clermont" in division (C)(6): Amendment Note: 2006 H 3 rewrote this section. See Baldwin's Ohio Legislative Service Annotated, 2006, page I/L-21, or the OH-LEGIS or OH-LEGIS-OLD database on WESTLAW, for prior version of this section. Amendment Note: 2004 H 38 sub s I tituted "that judge's" for "his" in division (A); and inserted "Brown," and "Morrow," in division (C)(6). CROSSREFERENCES Declaration of candidacy forjudge; candidate for any unexpired term, , Nonpartisan ballots, Time for holding elections for state and local officers; terms of office, 0 Const Art XVII 1 LIBRARY REFERENCES Judges C-3, 7. Westlaw Topic No C.J.S. Judges 12 to 13, 21 to 24, 27 to Thomson/West. No Claim to Orig. U.S. Govt. Works. htro://web2.westlaw.com/nrint/printstream.aspx?vr=2.0&rs=wl W7:07&prff-=HTMLE&fn... 7/25/2007

68 Page 1 RC P Baldwin's Ohio Revised Code Annotated Currentness Title XIX. Courts-Municipal--Mayor's-County 91 Chapter Municipal Court (Refs & Annos) K Judges Qualifications and election of judge. A municipal judge during his term of office shall be a qualified elector and a resident of the territory of the court to which he is elected or appointed. A municipal judge shall have been admitted to the practice of law in this state and shall have been, for a total of at least six years preceding his appointment or the commencement of his term, engaged in the practice of law in this state or served as ajudge of a court of record in any jurisdiction in the United States, or both. Except as provided in section of the Revised Code, the first election of any newly created office of a municipal judge shall be held at the next regular municipal election occurring not less than one hundred days after the creation of the office. The institution of a new municipal court shall take place on the first day of January next after the first election for the-court. (1986 H 159, eff ; 1971 H 18; 1953 H 1; GC 1586) HISTORICAL AND STATUTORY NOTES. Pre-1953 H 1 Amendments: 124 v S 14; 114 v 475 CROSS REFERENCES Election, term, and compensation of judges; assignment of retiredjudges, 0 Const Art IV 6 Idiots or insane persons shall not be electors, 0 Const Art V 5 7 Judge may not perform duties until commissioned by govemor, Qualifications and registration of electois, to Qualifications of electors, 0 Const Art V 1 Time for holding elections, Time for holding elections for state and local officers; terms of office, 0 Const Art XVII 1 LIBRARY REFERENCES Judges ID-3, 4, 5. Westlaw Topic No Thomson/West. No Claim to Orig. U.S. Govt. Works. littp://web2.westlaw.com/print/printstream. aspx?vr=2.0&rs=wl W7.07&prft=HTMLE&fn... 7/25/2007

69 Page I R.C, C Baldwin's Ohio Revised Code Annotated Currentness Title XIX. Courts-Municipal--Mayor's-County 91 Chapter Municipal Court (R.efs & Annos) 53 Judges ^ Election of judges The number of, and the time for election of, judges of the following municipal courts and the beginning of their terms shall be as follows: In the Aluon municipal court, two full-time judges shall be elected in 1951, two full-time judges shall be elected in 1953, one full-time judge shall be elected in 1967, and one full-time judge shai] be elected in In the Alliance municipal court, one full-time judge shall be elected in In the Ashland municipal court, one full-sime judgeshall be elected in In the Ashtabula municipal court, one fuil-time judge shall be elected in In the Athens county municipal court, one full-time judge shall be elected in In the Auglaize county municipal court, one full-time judge shall be elected in ln the Avon Lake municipal court, one part-time judge shall be elected in In the Barberton municipal court, one full-time judge shall be elected in 1969, and one full-time judge shall be elected in In the Bedford municipal court, one full-time judge shall be elected in 1975, and one full-time judge shall be elected in S In the Bellefontaine municipal court, one full-time judge shall be elected in In the Bellevue municipal court, one part-time judge shall be elected in In the Berea municipal court, one full-time judge shall be elected in In the Bowling Green municipal court, one full-time judge shall be elected in In the Brown county municipal court, one full-time judge sball be elected in Beginning February 9, 2003, the part-time judge of the Brown county county court that existed prior to that date whose term commenced on January 2, 2001, shall serve as the fnll-time judge of the Brown county municipal court until December 31, In the Bryan municipal court, one full-time judge shall be elected in 1965, Thomson/West. No Claim to Orig. U.S. Govt. Works. com/print/printstream. aspx?vr=2.0&rs=w L W7.07&prfrHTMLE&fn... 7/25/2007

70 Page 6 R.C In the Oakwood municipal court, one part-time judge shall be elected in hi the Oberlin municipal court, one full-time judge shall be elected in In the Oregon municipal court, one full-time judge shall be elected in In the Ottawa county municipal court, one full-time judge shall be elected in 1995, and the full-time judge of the Port Clinton municipal court who is elected in 1989 shall serve as the judge of the Ottawa county municipal court from February 4, 1994, until the end of that judge's term. hi the Painesville municipal court, one full-time judge shall be elected in In the Parma municipal court, one full-time judge shall be elected in 1951, one full-time judge shall be elected in 1967, and one full-time judge shall be elected in In the Perrysburg municipal court, one full-time judge shall be elected in In the Portage county municipal court, two full-time judges shall be elected in 1979, and one full-time judge shall be elected in In the Port Clinton municipal court, one full-time judge shall be elected in The full-time judge of the Port Clinton municipal court who is elected in 1989 shall serve as the judge ofthe Ottawa county municipal court from February 4, 1994, until the end of that judge's temt In the Portsmouth municipal court, one full-time judge shall be electedin 1951, and one full-time judge shall be elected in In the Rocky River mrmicipal court, one full-time judge shall be elected in 1957, and one full-time judge shall be electedin In the Sandusky municipal court, one full-time judge shall be elected in In the Shaker Heights municipal court, one full-time judge shall be elected in In the Shelby municipal court, one part-time judge shall be elected in In the Sidney municipal court, one full-time judge shall be elected in In the South Euclid municipal court, one full-time judge shall be elected in The part-time judge elected in 1993, whose term commenced on January 1, 1994, shall serve until December 31, 1999, and the office of that judge is abolished on January 1, In the Springfield municipal court, two full-time judges shall be elected in 1985, and one full-time judge shall be elected in 1983, all of whom shall serve as the judges of the Springfield municipal court through December 31, 1987, and as the judges of the Clark county municipal court from January 1, 1988, until the end of their respective terms. In the Steubenville municipal court, one full-time judge shall be elected in In the Stow municipal court, one full-time judge shall be elected in 2009, and one full-time judge shall be elected in Beginning January 1, 2009, the judge of the Cuyahoga Falls municipal court that existed prior to that date Thomson/West. No Claim to Orig. U.S. Govt. Works. aspx?vr=2.0&rs=wl W7.07&prf1=HTMLE&fn... 7/25/2007

71 STATE OF OHIO ) ) SS COUNTY OF CUYAHOGA) AFFIDAVIT Now comes Maureen Adler Gravens, after being duly sworn, deposes and states the following: 1. I am Maureen Adler Gravens. I am presently serving as Judge of the Rocky River Municipal Court. This is my third term. 2. On February 6, 2007, I signed a Statement of Candidacy which is demonstrated on a part petition marked as Exhibit A, attached hereto. The completed nominating petition with signatures of nominating electors was filed with the Board of Electio^ns. It is my understanding, that the petition has previously been certified as valid by the Board of Elections.. 3. In the past, I have filed nonpartisan nominating petitions and have also voted in party primaries, all in accordance with the law am a nonpartisan candidate as is authorized by operation of Ohio Revised Code It is my understanding that there is no Ohio statute that specifically prohibits a nonpartisan candidate for any office from voting in a party priinaty. Accordingly, I exercised my right to vote in the May Democratic Primary held in Rocky River. 6. My nomination petition does not make any claim or assertion that I am an Independent candidate nor does it make any claim that I am not affiliated with a political party. Instead, my statement of candidacy clearly asserts the statutory qualifications mandated by Ohio Election law.

72 FURTHER AFFIANT SAYETH NAUGHT. `2 MA EN ADLER GRAVENS SWORN TO BEFORE ME, and subscribed in my presence this day of July, GARY W. JOHNSON, Attorney at Law Notary Public, State of Ohio My commfsslon has no expiratfon date. Section O.R.C. Prepared By: MICHAEL P. BUTLER Attorney at Law (# ) 55 Public Square, Suite 1260 Cleveland, Ohio (216) 621=8005

73 JUDGE OR. CLERK OF THE UNICIPAL COURT ForBoardof&ieetfonsuseonty - âonotwrtt11 thbspaee olfim9oveat V I,t^l3 ^CI^^ ^ 0, e o. /t11d ro-hyat)s OlAy dw? : in, Fii,iv Fee 61 uvlunreqvlremevy IaAPni evldflma. The candldatemust fill In, slgn dnd,date thia statement STATEMENT OF C Revlsed Code, SecBans , 790 1, MAUREEN ADLER GRAVENStheunde ^,. ^A+ ^.awnmex.). falslgcation that my vo8ng resldence address ie ROCEI RIVER.....ts,w e H, e^ye m v..nmp nem And I am a qualhled elector. I fur{her deelare that I desire to be a can electiontothaoglceof7udge' Inthe and(dacy before patltlons are circufated.., DIDACY."... 1, ; ned,.hareby declare under penalty of efee8on-:. y21370 SNOFiPLOUER IsUen.dm,.l npmd.7 I^ate fdr. ROCEY RIVe Munlcipal Court Ufetl7t:,t, I I for the XBRfull tenn commencing JANUAAY1, 2008 or 0 u(texplred.term ending. ^ Ie,^,&atw 3N,Een.utlMh PP^ %Hl.tlele).. atthe genefel efecgon next hereafter tobe held. - I hereby declare that, H etec{ed to this ofoca orposltlon, I wlll quallfy arefor.. Dated thls 6th. Aay nf FEBRUARY 2g 07 BOARD USE ONL?. C - Ward & PrecincV PAHTYlYBAR SIGNATURE 1N17'fALS MAUREEN ADLER GRAVENS ' (Print-name as It shoufd appearon the ballot)-. WHOEVER COMMITS ELECTION FALSIFiCA' FIFTH-DEGRE ADLER GRAVENS -. (Nanro candld'ate) of hereby designate the p.(signature'ofcandidate) ON IS GUILTY OF A FELONY OF THE ^ ^ ^. ^.... olis named below a commlttee to represent me: NAME ' STREETADDRE$S.. :.... TERRANCE P. GRAVENS SjNOWFLOF7ERy'ROCRY RLVER,^OR GARY JORNSON 1250 Itj ST. GEORGES, WESTLA&E, OR 4414 JATRICIA.A. GAUL TRY^CLUB, ROCKY RIVER, OH 4411 MICRAEL CARLIN 4140 ANE FAIRVIEW PARR, OH RATHLEEN-MAgON ' 3(1122. EDNIL, BAY VILLAGH OH NOMINATINGP ITIO. We, the underslgned, quallfied electorswhosavo8ng residenc et upp N' oslte our nemei, hereby nominate the above - rtamedcandldateforefecgontotheofficp andtermasstatedaboveof e bovenamedmunk(pale6urt dlstf(cf,tobevotedfor atthe neid general'eleo8on, and cert(fy seld person is, In our oplnion, we I t)uallfled to perform the du8es of the ofiice or posi5on the candidate desfres to b0 elacted., _.._ _ SIGNATURES (MustbewrlttenInlnk) 1 (^ z. = - vl... Nr4 PRINTEDNAMEOFSIGNE STREETADDRESS. DATE OF (MUefbethe.ddreaaenalewllhlheaoardof SIGNING. /^ /I r. qonone) s G Y, ci R a9ra 1GAr61^5TF-ffK2 ON-rf a O^ ^ 9x^.^'61^^ AJ lg^o d^^ fcm v^/ 3/^ FonnNo,381(a1/11r2o07J fomieay33d.

74 3. SIGNATURES. (Mustbev>r7ttenlnInk) PRINTED NAME OF SIGN fr BTREEfADDRESS (rytwttiathaedaressonfilawl(hrheeowo[ oadbna) DATE OF SIGNING ^Mc+ > " C 17Rt 3C.M ^ /R.nGV. O YY/LG ^' ^T^ ^IC EnI. {G P ^ g o uv^_._ no R-r er ^. oft.4^llb ^-,s--o'+. oc./"/x^ ^, o rl ^1^8 Mic.r; 7c 3-^S'o7 1 ^ G r, r : /.a M^y ^^FS ^ y u.. ^ ( Zy 714 ^2a0 3 ti s c1^ d^na' ' ),l ^ a' o 12 14: 15,' ^16. 1^. ^ YN^^N^!L h.^ 4 o-61 y.. ^/(^ Ll. ^i-c^n c f(,.u.kf r, i.%gti' ] exy ^-,^-^^ f S^e lu ^ot^bo +Tz rt KK 3^oZ ^, 19. ^ '^.. ^ ^ :... ^ I: sus ^^.^ / /^ (Ndeclare unde enel(y of elec8on falsiflcatlon that I arim a.,. (Pdnted neme of circulator) qual(ned elector of the State.of Ohlo and resitle a/ttrhfe addresa appa dreulator of the foregoing petlgon containing signatures;. $ (Number) slgnature; that all signers were to the best of my knowledge and bell.p rl g below myslgnature: thatl.am the alel vatnessed the afflxfng of every f^juellfled to sfgn; and that every signature is to the best of my knowledge and befief the signature of the person whose s gature It purports to be or of an attorney in fadt acgng pursuant tq of the Revlsad Code.. (Signature o c rculator) rwhoever COMMITS ELECTION FALSIFICATION IS GUILTY OFA FELONY OF THE FIFTH DEGREE. BOARDUSBONLY - CAiVD CIRC C.W. &"PRCT PARTY/YBAR SIGNATURB PROBLEM OKPETfrON Fortn No, 3.31(01/112007) fcrlnaily 3-30

75 I FdlNzmacFC Designation of'ireasuxei.-. rlesm3eduyseviced.y ofs,arc 03/os ^ x -^ - ^^=,^-.3-^^^r r,^ii' =re^, ^ '^:-5-'. - ^cv^s `^'"_^`^`..^icn;x^^>; COMMITTEE TO RE-ELECT,JUDGEMAUREENADLER GRAVNNS DIANE DRIVE FAIRVIEW PARK 7elepL'meNqmSa - ' - emi7'addttss 4_ '. S 7.^p Code. FA7C N ba 0 IH I MICHAEL:A.-CARLIN FAIRVIEW PARR. FdfN^ofDeputyTiamie^(rt'my)'....., IHcp3oaaNumb r.p Cado o-me4addma BRIAN ^^A. CART.IN' s^.. ^...., ; 'DTAN$ DRIVE CRY ^ ^ ^ -,F.AIRVIEW PAk.K; ;. ' IclepLweNumb.. ' zsp aae oth ' 4' D Nlo Z,^EI 1 ^ a-- ) :u ra,j : I 0 ^ ad ^ oflycumer G ^ Reason4s)for5lmgthisfnim: FEB22107.k gmal Deszgnation of Treasiaer/Acknowledgement of Appointmept ^ ^. U Change of TreasoredAcknowledgement of Appointment..,, - qdesignation or change ofdeputy 1leasurer 11CI?a6geofAddressfor ^ Q Change of Committee name. The pcevions name was: ' q Change of FiIing Location. The prepiovs location was: T7ie new location is: 0 Change of Office Songht from to ^.. q Ot$er Please explain:.