JAN 2 4 2Q0H. CLHHK OF GouRr SI1PHfMECO URT pf OHIO IN THE SUPREME COURT OF OHIO

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1 STATE OF OHIO EX REL. PHILLIP GROUNDS Union Road Laurelville, Ohio Relator, IN THE SUPREME COURT OF OHIO Case No.: Original Action In Mandamus v- HOCKING COUNTY BOARD OF ELECTIONS 1 East Main Street Logan, Ohio Expedited Election Matter Under S. Ct. Prac. R. X, 9 Peremptory Writ Requested SUSAN HUGHES, Chairperson Hocking County Board of Elections 1 East Main Street Logan, Ohio RODNEY CARR, Member Hocking County Board of Elections 1 East Main Street Logan, Ohio RODNEY HUGHES, Member Hocking County Board of Elections I East Main Street Logan, Ohio REGINA PRATER, Member Hocking County Board of Elections 1 East Main Street Logan, Ohio Respondents JAN 2 4 2Q0H CLHHK OF GouRr SI1PHfMECO URT pf OHIO RELATOR'S COMPLAINT IN ORIGINAL ACTION FOR WRIT OF MANDAMUS

2 Donald J. McTigue ( ) Mark A. McGinnis ( ) John M. Stephan ( ) THE McT[GuE LAw GRotm 550 East Walnut Street Columbus, Ohio Telephone: (614) Facsimile: (614) mcti uelawna,n ohio.com Counsel for Relator 2

3 PETITION FOR WRIT OF MANDAMUS Now comes Relator, Phillip Grounds, and states his Petition for Writ of Mandamus as follows: PARTIES..TURISDICTION, AND VENUE 1. Relator Phillip Grounds is a citizen of the United States, and a qualified elector and resident of Hocking County, Ohio. 2. Respondents, Susan Hughes, Rodney Carr, Rodney Hedges, and Regina Prater are the duly serving members of Respondent Hocking County Board of Elections (collectively "Respondents") and are responsible for the conduct of elections, including the certification of candidacies to the ballot, in Hocking County, Ohio. 3. The Court possesses jurisdiction over the subject matter of this action and over Respondents pursuant to Article IV, 4.02(B) of the Constitution of the State of. Ohio and Ohio Revised Code This is an election proceeding govemed by the provisions of Supreme Court Practice Rule X, 9. FACTS 5. R.C provides for the election and qualifications of candidates for the office of county sheriff., 6. Relator has been a resident of Hocking County for at least one year immediately prior to January 4, Relator has the qualifications of an elector as specified in R.C and has complied with all applicable election laws. 3

4 8. Relator has not been convicted of or pleaded guilty to a felony or any offense involving moral turpitude under the laws of this or any other state of the United States and has not been convicted of or pleaded guilty to an offense that is a misdemeanor or the first degree under the laws of this state or an offense under the laws of any other state or the United States that carries a penalty that is substantially equivalent to the penalty for a misdemeanor of the first degree under the laws of this state. 9. During the three-year period immediately prior to the qualification date, Relator obtained or held a valid peace officer certificate of training issued by the Ohio peace officer training commission and was employed for at least one day of the last three years prior to the qualification date as a full-time law enforcement officer as defined in R.C perfomiing duties relating to the enforcement of statutes, ordinances or codes. Specifically, Relator was employed on a full time basis as a police officer by the Village of Commercial Point, Ohio. 10. During the four-year period immediately prior to the qualification date, Relator obtained or held a valid basic peace officer certificate of training issued by the Ohio peace officer training commission or has been issued a certificate of training pursuant to section of the Revised Code, and, within the four-year period ending immediately prior to the qualification date, has been employed as an appointee pursuant to section of the Revised Code or as a fall-time peace officer as defined in section of the Revised Code performing the duties related to the enforcement of statutes, ordinances, or codes. 4

5 11. Relator has completed satisfactorily at least two years of post-secondary education or the equivalent in semester or quarter hours in a college or university authorized to confer degrees by the Ohio board of regents or the comparable agency of another state in.which the college the university is located. 12. On December 3, 2007, Relator swore before the administrative judge of the court of common pleas of Hocking County, Ohio, as to the truth of the information the Relator provided to verify Relator's qualifications for office and signed under oath an Application form provided by the Administrative Judge. 13. Relator's December 3, 2007 Application contained a typographical error, referencing R.C (B)(8)(b), when it should have referenced R.C (B)(8)(a). Prior to the time Relator executed the Application, he inserted the words "one day of' between "at least" and "the last three years" in Paragraph 6 of the Application. In any event, according to Ohio statutory law and the precedent established by this Court, Respondents are not relieved from making an independent detemlination as to whether Relator meets the qualifications for the office. R.C (F)(2); see, e.g_, State.ex rel. Wolfe v. Delaware Cty. Bd of Elections (2000), 88 Ohio St.3d 182, 724 N.E.2d 771; State ex rel. Schneider v. Stapleton (1992), 65 Ohio St.3d 40, 600 N.E.2d 240; State ex rel. Shumate v. Portage Cty. Bd. of Elections (1992), 64 Ohio St.3d 12, 591 N.E.2d In January 2008., Stephen V. Mowery filed a protest against Relator's petition with the Hocking County Board of Elections 15. On January 18, 2008, Respondents held a hearing on the protest filed by Mr. Mowery. 5

6 16. Despite the plain language of R.C. ' (F)(2), and the precedents of this Court, the Board refused to undertake its duty to determine whether or not Relator satisfied the qualifications specified in R.C (B) for the office of county sheriff. Respondents did not permit Relator to offer the testimony of his witnesses, or any other evidence, in support of his qualifications under R.C (B) for the office of county sheriff, specifically whether Relator qualified under R.C (B)(8)(a). 17. At the January 18, 2008 hearing Respondents determined that Relator did not meet the qualifications specified in R.C (B)(8)(b) and voted 3-1 to reject his candidacy for Hocking County Sheriff. A letter to this effect dated January 22, 2008 was transmitted to Relator. Relator has acted with extreme diligence in bringing this action two days after the issuance of such letter. 18. Relator has complied with all requirements under Ohio law to have his candidacy for the office of Hocking County Sheriff certified and submitted to the electors. CLAIM FOR RELIEF: ISSUANCE OF A writ OF 1VIANDAMUS 19. Relator incorporates by reference each and every allegation set forth above. 20. Respondents have a clear legal duty pursuant to R.C (F)(2) to certify that Reator meets the qualifications specified in R.C (B) and (C). Respondents also have a clear legal duty under R.C (K), , and to certify Relator's candidacy for election to the office of Hocking County Sheriff, which they have failed to perform. 6

7 21. Relator has a clear legal right to have Respondents certify his candidacy for the office of Hocking County Sheriff and submit it to the voters of Hocking County. 22. Relator has no plain or adequate remedy at law in the absence of the issuance of a writ of mandamus. 23. Respondents abused their discretion or clearly disregarded applicable legal provisions in not undertaking their responsibilities pursuant to R.C (F)(2) to determine whether or not Relator satisfies the qualifications specified in R.C (B). 24. Respondents abused their discretion or clearly disregarded applicable legal provisions in failing to certify Relator's candidacy for the office of Hocking County Sheriff despite the fact that Relator has satisfied all applicable statutory provisions for certification. PRAYER FOR RELIEF WHEREFORE, Relator respectfully prays the Court to grant the following relie A. Issue a Peremptory Writ of Mandamus ordering Respondents to certify Relator's candidacy for the office of Hocking County Sheriff and submit it to the electors; B. Issue a Writ of Mandamus ordering Respondents: 1. to certify Relator's candidacy for the office of Hocking County Sheriff and submit it to the electors; or, alternatively, 2. to immediately hold a hearing to determine whether or not Relator's candidacy meets the requirements of R.C (B) in accordance with Respondents' duties pursuant to R.C (F)(2). 7

8 C. Assess the costs of this action against Respondents; D. Award Relator attorney fees and expenses; and E. Award such other relief as may be appropriate. Respectfully submitted, Donald J. McTigue ( ) Mark A. McGinnis ( ) John M. Stephan( ) THE MCTIGUE LAW GROUP 550 East Walnut Street Columbus, Ohio Telephone: (614) Facsimile: (614) mctiguelaw(a),nohio.com Counsel for Relator 8

9 IN THE SUPREME COURT OF OHIO STATE OF OHIO EX REL. PHILLIP GROUNDS Case No.: -v- Relator, Original Action In Mandamus HOCIONG COUNTY BOARD OF ELECTIONS, ET AL. Expedited Election Matter Under S. Ct. Prac. R. X, 9 Respondents AFFIDAVIT OF RELATOR PHILLIP GROUNDS Frauklin County State of Ohio /ss I, Phillip Grounds, having been duly swom and cautioned according to law, hereby state that I ani over the age of eighteen years and am competent to testify as to the facts set forth below based on my personal knowledge and having personally exaniined all records referenced herein, and further state as follows: 1. I am the Relator in this action and a qualified elector and resident of Hocking County, Ohio. 2: I have been a resident of Hocking County for at least one year immediately prior to January 4, I have the qualifications of an elector as specified in R.C and have complied with all applicable election laws.

10 4. I have not been convicted of or pleaded guilty to a felony or any offense involving moral turpitude under the laws of this or any other state of the United States and I have not been convicted of or pleaded guilty to an offense that is a misdemeanor or the first degree under the laws of this state or an offense under the laws of any other state or the United States that carries a penalty that is substantially equivalent to the penalty for a misdemeanor of the first degree under the laws of this state. 5. During the three-year period immediately prior to the qualification date, I obtained or held a valid peace officer certificate of training issued by the Ohio peace officer training commission and was employed for at least one day of the last three years prior to the qualification date as a full-time law enforcement officer as defined in R.C performing duties relating to the enforcement of statutes, ordinances or codes. Specifically, I was employed on a full time basis as a police officer by the Village of Cornmercial Point, Ohio. 6. During the four-year period immediately prior to the qualification date, I obtained or held a valid basic peace officer certificate of training issued by the Ohio peace officer training commission or have been issued a certificate of training pursuant to section of the Revised Code, and, within the fouryear period ending immediately prior to the qualification date, have been employed as an appointee pursuant to section of the Revised Code or as a full-time peace officer as defined in section of the Revised Code performing the duties related to the enforcement of statutes, ordinances, or codes. 2

11 7. I have completed satisfactorily at least two years of post-secondary education or the equivalent in semester or quarter hours in a college or university authorized to confer degrees by the Ohio board of regents or the comparable agency of another state in which the college the university is located. 8. On December 3, 2007, I swore before the administrative judge of the court of common pleas of Hocking County, Ohio, as to the truth of the information the provided to verify my qualifications for office and signed an Application provided by the Administrative Judge. 9. My December 3, 2007 Application contained a typographical error, referencing R.C (B)(8)(b), when it should have referenced R.C (B)(8)(a). Prior to the time that I executed the Application, I inserted the words "one day of' between "at least" and "the last three" in Paragraph In January 2008, Stephen V. Mowery filed a protest against my petition with the Hocking County Board of Elections 11. On January 18, 2008, the Hocking County Board of Elections held a hearing on the protest filed by Mr. Mowery, 12. At that hearing, the Hocking County Board of Elections refused to determine whether or not I satisfied the qualifications specified in R.C (B) and (C) for the office of county sheriff. Further, the Hocking County Board of Elections did not permit me to offer the testimony of my witnesses, or any other evidence, in support of my qualifications under R.C (B) for the office of county sheriff, specifically whether I qualify under R.C (B)(8)(a). 3

12 13. At the January 18, 2008, hearing, the Hocking County Board of Elections determined that I did not meet the qualifications specified in R.C (B)(8)(b) and voted 3-1 to reject my candidacy for Hocking County Sheriff. A letter to this effect dated January 22, 2008 was transmitted to me. 14. I have read the Complaint filed in this action and state that matters as alleged therein are true. FURTHER AFFIANT SAYETH NAUGHT Sworn to and subscribed before me this 23 day of January, MARKILLAN McGINNIS Attomay at law Notary pubilc, State o6omo My CommisslomHas No fxpirauon SeWton