OHIO HOUSE OF REPRESENTATIVES SELECT COMMITTEE ON THE ELECTION CONTEST IN THE 98TH HOUSE DISTRICT - - -

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1 OHIO HOUSE OF REPRESENTATIVES SELECT COMMITTEE ON THE ELECTION CONTEST IN THE 98TH HOUSE DISTRICT PROCEEDINGS of the Select Committee, at the Ohio Statehouse, 1 Capitol Square, Columbus, Ohio, on Tuesday, May 7, 2013 at 10:13 a.m COMMITTEE: Representative Huffman, Chair Representative Stautberg, Vice Chair Representative Clyde, Ranking Minority Member Representative Curtin Representative Dovilla Representative Pelanda Representative Redfern Representative Stebelton Representative Strahorn ARMSTRONG & OKEY, INC. 222 East Town Street, Second Floor Columbus, Ohio (614) (800) FAX - (614)

2 1 Tuesday Morning Session, 2 2 May 7, CHAIRMAN HUFFMAN: I will call the Select 5 Committee to order. I apologize for being late. I 6 was down the hall attending to other matters. 7 At this time, please take the roll. 8 MS. MEDEN: Chairman Huffman. 9 CHAIRMAN HUFFMAN: Here. 10 MS. MEDEN: Vice Chairman Stautberg. 11 REPRESENTATIVE STAUTBERG: Here. 12 MS. MEDEN: Ranking Member Clyde. 13 REPRESENTATIVE CLYDE: Here. 14 MS. MEDEN: Representative Curtin. 15 REPRESENTATIVE CURTIN: Here. 16 MS. MEDEN: Representative Dovilla. 17 REPRESENTATIVE DOVILLA: Present. 18 MS. MEDEN: Representative Pelanda. 19 REPRESENTATIVE PELANDA: Here. 20 MS. MEDEN: Representative Redfern. 21 REPRESENTATIVE REDFERN: Here. 22 MS. MEDEN: Representative Stebelton. 23 REPRESENATIVE STEBELTON: Here. 24 MS. MEDEN: Representative Strahorn. 25 REPRESENTATIVE STRAHORN: Here.

3 1 CHAIRMAN HUFFMAN: The next item on the 3 2 agenda is to approve the minutes for the previous 3 meeting. I believe those are available in this 4 document for all the members of the committee. 5 Do I have a motion to approve? 6 REPRESENTATIVE STAUTBERG: So moved. 7 CHAIRMAN HUFFMAN: Vice Chair. 8 REPRESNTATIVE STEBELTON: Second. 9 CHAIRMAN HUFFMAN: Representative 10 Stebelton. 11 Any objection to the minutes? 12 The transcript has been approved. 13 (Motion passes.) 14 CHAIRMAN HUFFMAN: The agenda for today 15 is to vote on recommendations to the full House of 16 Representatives for resolution of the election of the 17 contest in the 98th House District. 18 I believe in all the members' folders 19 there is a set of recommendations that I prepared for 20 the committee to consider, and those are titled 21 "Report of Findings and Recommendations of the House 22 Select Committee on the Election Contest in the 98th 23 House District," and I hope all the committee members 24 have had a chance to review that in the last several 25 minutes as we have gone through.

4 1 The recommendations were prepared based, 4 2 of course, on the record that was forwarded to us by 3 the Supreme Court, on the arguments of counsel, and 4 the -- 5 REPRESENTATIVE CLYDE: Mr. Chair. 6 CHAIRMAN HUFFMAN: If I can finish 7 without being interrupted, I would appreciate that and also based on the laws of the 9 state of Ohio, the statutory law, case law, and, of 10 course, the recommendations or the directives of the 11 Secretary of State. 12 So the committee members, if you need any 13 additional time to review that, we can take a few 14 minutes to do that, and at this time I will entertain 15 a motion for the recommendations to be approved and 16 forwarded to the full House of Representatives. 17 REPRESENTATIVE STAUTBERG: So moved. 18 REPRESNTATIVE STEBELTON: Seconded. 19 CHAIRMAN HUFFMAN: Moved by 20 Representative Stautberg; seconded by Representative 21 Stebelton. 22 Representative Clyde. 23 REPRESENTATIVE CLYDE: Mr. Chair, before 24 we got started, I had sent to your office a letter 25 requesting that we record the committee hearings, and

5 1 it didn't receive a response. So before we got 5 2 started, I wanted to ask you whether we could record 3 the hearings. My request was submitted under the 4 rules. 5 CHAIRMAN HUFFMAN: Representative Clyde, 6 consistent with the other hearings that we've had, 7 that's not going to happen. So thank you for your 8 question. 9 REPRESNTATIVE STEBELTON: We have a 10 record, though. 11 CHAIRMAN HUFFMAN: We have a record, 12 obviously, going. That's a good point, 13 Representative Stebelton. 14 I understand you want to have the staff 15 videotape or something like that, but, again, 16 consistent with our other hearing, we are not going 17 to do that. 18 Discussion on the motion. 19 Representative Redfern. 20 REPRESENATIVE REDFERN: Mr. Chairman, 21 thank you. Certainly we'll have a vote and associate 22 ourselves with the remarks or not and offer a 23 minority response or report in lieu of this, and, of 24 course, we will be defeated; but I wanted to just 25 point out my objections for the record with

6 1 the belief by some that those votes were counted in 6 2 this particular House district, and the committee's 3 recommendation that the race itself and the election 4 was conducted in compliance with the Ohio 5 Constitution, Ohio statutes, Ohio Secretary of State 6 directives, and other applicable law is incorrect, 7 and that's what we are asserting and have asserted 8 throughout the course of this discussion. I just 9 wanted that on the record. 10 Thank you, Mr. Chairman. 11 CHAIRMAN HUFFMAN: Thank you, 12 Representative Redfern. 13 Further discussion on the motion to adopt 14 the report. 15 Representative Clyde. 16 REPRESENTATIVE CLYDE: So are we 17 voting -- is this a motion to adopt the entire report 18 and the resolution as well? 19 CHAIRMAN HUFFMAN: The report will 20 ultimately be memorialized in the resolution. The 21 portion we are voting on is Representative 22 Stautberg's motion. The resolution itself is the 23 document that the full House will have to pass 24 ultimately. 25 REPRESENTATIVE CLYDE: A follow up

7 1 question. 7 2 CHAIRMAN HUFFMAN: Sure. 3 REPRESENTATIVE CLYDE: So it's my 4 understanding that a resolution has to be introduced 5 to the House under Rule 37, and it would be formally 6 introduced and a public hearing scheduled for that 7 resolution. 8 Can you just explain how this follows 9 that House rule, or is this different, and if so, how 10 is it different? 11 CHAIRMAN HUFFMAN: Well, I guess I'm not 12 clear that your understanding is, in fact, what has 13 to happen. And I defer to counsel for either party 14 to review the process. But as I understand it, in 15 this particular procedure our job as a panel is 16 examine the record, hear the arguments of counsel, 17 understand the law, and then make a report. And the 18 resolution itself is something that the full House 19 will decide. I don't know that we have to have a 20 public hearing or that the hearing we are going to 21 have in the House is a public hearing. 22 MR. LENZO: We will follow the normal 23 resolution process. 24 CHAIRMAN HUFFMAN: Representative Clyde. 25

8 1 REPRESENATIVE REDFERN: Could you 8 2 identify counsel for the record? 3 CHAIRMAN HUFFMAN: Mike Lenzo. 4 REPRESENATIVE REDFERN: Thank you. 5 CHAIRMAN HUFFMAN: Representative Clyde. 6 REPRESENTATIVE CLYDE: My understanding 7 is different in that a normal resolution has to be 8 introduced and scheduled for a public hearing under 9 House Rule 37. I don't think -- it will be 10 introduced, and a public hearing will be scheduled 11 after its formally introduced? Or is this the public 12 hearing, and it hasn't been formally introduced yet, 13 as required by Rule 37? 14 CHAIRMAN HUFFMAN: If I can be corrected, 15 again, by counsel here, this is not a public hearing 16 on the resolution because the resolution hasn't been 17 introduced yet. 18 Representative Strahorn. 19 REPRESENTATIE STRAHORN: Thank you, 20 Mr. Chair. Like one of my previous colleagues, I 21 just want to be on record and convey my concerns 22 about the report, my disagreement with the report, 23 and with all due respect to Representative Landis, 24 and even to the challenger, Josh O'Farrell, I am less 25 concerned about those two individuals as I am about

9 1 the process. 9 2 I think I have a fairly good reputation 3 about that. When I look through some of these 4 things, I think what is at stake here is just to make 5 sure that the voters in the 98th District have been 6 represented well and votes have been counted and not 7 cast out, and I'm particularly sensitive to that, 8 And when I read what some of the guidance 9 on this is in terms of the challenger is entitled to 10 rid a result of the election of all ignorance and 11 like mistakes, crime, and fraud, and when I look at 12 some of these inconsistencies, and there are, I 13 think, in my opinion, hard to deny some 14 inconsistencies about this, I just think some of 15 these ballots, if not all of these ballots, a good 16 number of these ballots, really do deserve an 17 opportunity to be counted. 18 And I don't know what the outcome of that 19 would be. I'm just a little disturbed by those 20 voters not having an opportunity to have their votes 21 counted. I, again, like my previous colleague, I 22 just want to be on record in disagreeing with this 23 report. 24 And I do thank you for allowing me the 25 opportunity to state that for the record. Thank you,

10 1 Mr. Chair CHAIRMAN HUFFMAN: Any representative, 3 further discussion? 4 REPRESENATIVE REDFERN: Yes. 5 CHAIRMAN HUFFMAN: Representative 6 Redfern. 7 REPRESENATIVE REDFERN: I move to amend. 8 CHAIRMAN HUFFMAN: What is the amendment? 9 REPRESENATIVE REDFERN: I believe it's in 10 each of the packets, the minority report. I'd like 11 to strike your motion as the majority report and 12 accept the minority report as the report that is to 13 be moved. 14 CHAIRMAN HUFFMAN: To be clear, your 15 motion is to amend? 16 REPRESENATIVE REDFERN: Yes. I move to 17 amend your motion that the committee accept the 18 majority report, the report of the Chair, with this 19 particular report of the minority. 20 CHAIRMAN HUFFMAN: We need a second. 21 REPRESENTATIVE CLYDE: Second. 22 CHAIRMAN HUFFMAN: Motion and second 23 to REPRESENTATIVE STAUTBERG: Object. 25 CHAIRMAN HUFFMAN: And there's an

11 1 objection -- is to remove the report and 11 2 recommendation, this document that has the seal on 3 it, and to insert, as I understand it, Representative 4 Redfern, this document. 5 REPRESENATIVE REDFERN: Yes, you 6 understand correctly. 7 CHAIRMAN HUFFMAN: Under discussion, a 8 couple of things. I did have a chance to review this 9 document. One of the first concerns I have, there 10 are a variety of statements and conclusions based on 11 things that are not part of the evidentiary record 12 forwarded to us by the Supreme Court. 13 And I know we have kind of gone through 14 this process I think in each of our hearings, but, 15 just again, when there's an election contest in the 16 state of Ohio, there's a set of statutes that 17 describe how that happens. Election contests that 18 happen within a county are determined in that common 19 pleas court. Election contests that involve more 20 than one county or election contests that involve 21 statewide officials for the Court of Appeals, which, 22 in some cases, are more than one county and some 23 cases are not, those go to the Ohio Supreme Court, 24 and, actually, specifically to the Chief Justice, and 25 that is done by way of a record.

12 1 In other words, the Chief Justice does 12 2 not sit down and have a hearing where each of the 3 witnesses are called. It's done by deposition 4 transcript and then presented to the Chief Justice, 5 and the Chief Justice makes that decision based on 6 that record. 7 In this case, however, because it 8 involves a member of the General Assembly, the 9 statutes dictate that record be forwarded to either 10 the House or the Senate, obviously, the House in this 11 case, for the House to review that record, and then 12 based on that record, and in this case, based on the 13 arguments of counsel, the House then makes a 14 decision. 15 Now, both parties, as I understand it, 16 have presented multiple depositions. You can review 17 the record and see that. A variety of witnesses were 18 called, testimony was presented, and that record, 19 three volumes of it, was presented to the committee 20 for us to review. 21 This report involves a whole set of, 22 again, statements, conclusions, arguments, however 23 one wants to describe them, which are outside of the 24 record and, therefore, cannot be considered by the 25 committee. It's much like if a case were before a

13 1 judge or a case is before a jury, and if the jury 13 2 decided, as sometimes happens in cases, that one of 3 jurors says, "Well, I'm going to go out and look at 4 the accident scene for myself," well, the judge will 5 instruct the jury not to do that because that's not 6 part of the evidence before them, only the things 7 that are presented in court. 8 And so to the extent this document 9 presents those items, the report is, in my mind, in 10 violation of the evidentiary rules and in violation 11 of the statutes. There's a variety of other 12 conclusionary statements and items that are in the 13 report. 14 So I would be opposed to this document, 15 first of all, be opposed to really two parts, taking 16 out the recommendations that are submitted that are 17 part of the motion; and then, I guess, countered upon 18 them, since Representative Redfern chose to do that, 19 inserting a "Count the Votes" document -- I guess I 20 won't strike it for the moment -- as the actual 21 recommendation. 22 Further discussion, Representative 23 Stebelton. 24 REPRESNTATIVE STEBELTON: Thank you, 25 Mr. Chairman. I would object to this as well because

14 1 what this is titled, "Count the Votes, 14 2 Recommendations of the Minority Party Members of the 3 Select Committee on the Election Contest to the 98th 4 House District to Members of the Ohio House of 5 Representatives" with the date of May 6, 2013, this 6 merely is a rehash of arguments of counsel for the 7 contestor, Mr. O'Farrell. It is not an appropriate 8 document for findings of fact, conclusions of law, 9 and findings based upon the evidence. This is merely 10 an argumentative document, so I object to it. 11 CHAIRMAN HUFFMAN: Further discussion. 12 REPRESENTATIVE CLYDE: Yes. 13 CHAIRMAN HUFFMAN: Representative Clyde. 14 REPRESENTATIVE CLYDE: Thank you 15 Mr. Chair. You know, I resent allegations that in 16 some way something we submitted to the committee is 17 inappropriate. The materials were pulled from the 18 records. I'll be happy to go over individually what 19 those items are that were not part of the record, but 20 they were. So that's not true about the report that 21 we worked hard on and submitted to this committee. 22 Also the legal standard that you are 23 discussing I think is very much under debate. I do 24 not agree with what you asserting is the legal 25 standard. The House owes no deference to the prior

15 1 decisions of the Boards of Elections and the 15 2 Secretary of State not to correct the glaring errors 3 and mistakes that kept 52 ballots and possibly 70 4 additional ballots from being counted in this race. 5 The guidance in case law before us makes 6 clear that this body is charged with bringing the 7 November 2012 election irregularities due to mistake, 8 neglect, fraud, and any violations of law and 9 procedure committed by poll workers, board officials, 10 Secretary of State officials, or any other person. 11 We have clear evidence provided from the 12 record that there was mistake, neglect, fraud in this 13 election. We laid that out plain and simple in this 14 report, and that is the reason for this amendment 15 today. 16 CHAIRMAN HUFFMAN: Thank you, 17 Representative Clyde. 18 To be clear, perhaps you misheard or it's 19 possible I misspoke, but I don't think I mentioned 20 anything about deference to the decision of the 21 Boards of Elections. I don't think you are correct 22 in a suggestion about that. The Boards of Elections 23 did, on a bipartisan basis, I should add four to 24 zero, approve the results of this election. 25 Again, in an election contest before a

16 16 1 common pleas court judge, that judge can change that, 2 and much like we can decide the Board of Elections 3 acted, for whatever reason. Again, I think that 4 should be based on the record before us, and the 5 arguments of counsel, things that we already said. 6 But I did want to clear up that one specific point. 7 Representative Redfern. 8 REPRESENATIVE REDFERN: Thank you, 9 Mr. Chairman. I appreciate that, your comments. I 10 would note, however, history in this case is filled 11 with examples, as you know, of local Boards of 12 Elections certifying results, and those results being 13 questioned in certain courts and being overturned in 14 the course of the appellate process as laid out in 15 the law. 16 One of the differences that we're dealing 17 with, and that you noted in our first meeting, when 18 you make the decision, with the support of the 19 majority of the committee, not to gather further 20 evidence, not to allow counsel from either side 21 through the Chair or through the ranking member to 22 subpoena witnesses, to gather further evidence -- I'm 23 not a party to either side. I'm not a party to 24 either side, and I am not bound as a member of this 25 Select Committee to abide by any thoughts other than

17 1 laid out by the law And as a coequal branch of government, 3 with all due respect to the Chief Justice, her 4 sealing of the record has no role in my 5 decision-making, zero. And this body at any time 6 could collect further evidence, could subpoena 7 witnesses before this body, could cross and could ask 8 intent and examine the record, but for reasons which 9 were clearly laid out won't happen in this case. 10 Thank you, Mr. Chairman. 11 CHAIRMAN HUFFMAN: Thank you, 12 Representative. 13 Further discussion on the motion to 14 amend? 15 Please call the roll. 16 MS. MEDEN: Chairman Huffman. 17 CHAIRMAN HUFFMAN: No. 18 MS. MEDEN: Vice Chairman Stautberg. 19 REPRESENTATIVE STAUTBERG: No. 20 MS. MEDEN: Ranking Member Clyde. 21 REPRESENTATIVE CLYDE: Yes. 22 MS. MEDEN: Representative Curtin. 23 REPRESENTATIVE CURTIN: No. 24 MS. MEDEN: Representative Dovilla. 25 REPRESENTATIVE DOVILLA: No.

18 1 MS. MEDEN: Representative Pelanda REPRESENTATIVE PELANDA: No. 3 MS. MEDEN: Representative Redfern. 4 REPRESENTATIVE REDFERN: Yes. 5 MS. MEDEN: Representative Stebelton. 6 REPRESENATIVE STEBELTON: No. 7 MS. MEDEN: Representative Strahorn. 8 REPRESENTATIVE STRAHORN: Yes. 9 (Motion fails, 5-4.) 10 CHAIRMAN HUFFMAN: The motion to amend 11 does not pass. 12 Now we are still on discussion on the 13 motion to adopt the recommendations as submitted. 14 Further discussion upon that motion. 15 Representative Clyde. 16 REPRESENTATIVE CLYDE: Thank you, 17 Mr. Chair. I further propose amendments to the 18 report. I can read those aloud to the committee. 19 CHAIRMAN HUFFMAN: Are they written down 20 anywhere? 21 REPRESENTATIVE CLYDE: Yes, they are 22 written down. Would you like them? 23 CHAIRMAN HUFFMAN: Yes. That would be 24 helpful. 25 REPRESENTATIVE CLYDE: Can we have a few

19 1 minutes to make some copies? 19 2 CHAIRMAN HUFFMAN: Sure. I mean, you 3 have written amendments to this report? 4 REPRESENTATIVE CLYDE: Right. 5 CHAIRMAN HUFFMAN: And how many -- are 6 they typed up and ready to go? 7 REPRESENTATIVE CLYDE: Well, this is a 8 bit of an on-the-fly process where we just received 9 this so we went through and made some written changes 10 to this. 11 CHAIRMAN HUFFMAN: How many copies do you 12 have? 13 REPRESENTATIVE CLYDE: One, we have one 14 copy here of it. 15 CHAIRMAN HUFFMAN: How many amendments do 16 you have for this report, just one? 17 REPRESENTATIVE CLYDE: Well, they can be 18 all done in one document, so, yes, one. 19 CHAIRMAN HUFFMAN: Okay. I'll tell you 20 what. Why don't you do this. If you want to go 21 ahead and read the amendment, and then we can 22 probably have discussion while the written document 23 is being prepared. So that might be helpful. 24 REPRESENTATIVE CLYDE: Okay. 25 CHAIRMAN HUFFMAN: So go ahead and read

20 1 your proposed amendment, and then if committee 20 2 members also need some additional in writing, that 3 probably would be helpful. Go ahead, Representative 4 Clyde. 5 REPRESENTATIVE CLYDE: Thank you. On 6 page 2 of the report under question, we would request 7 an amendment to say in line 7 that the 98th House 8 District -- I'm sorry -- that the "general election 9 for the office of State Representative for the 98th 10 Ohio House District was not conducted in compliance 11 with the Ohio Constitution, Ohio statutes, Ohio 12 Secretary of State directives, and all other 13 applicable law; that the seating of Al Landis, the 14 Representative-elect from the 98th District holding 15 the certificate of election, is invalid" -- strike 16 "and shall continue" -- "and that he shall exercise 17 the rights and privileges of a member in accordance 18 with the results of the 2012 general election in the 19 98th Ohio House District," and add, "and that the 20 uncounted ballot votes in the 98th House District 21 race be counted and the prevailing candidate be 22 issued a certificate of election." 23 Moving on to page CHAIRMAN HUFFMAN: Representative Clyde, 25 these are written? I'm sorry to interrupt you. If

21 1 your counsel has them, could she hand them so the 21 2 clerk can run across the hall and get copies. 3 REPRESENTATIVE CLYDE: We are having 4 copies made. 5 CHAIRMAN HUFFMAN: Sorry. Go ahead. 6 REPRESENTATIVE CLYDE: That's okay. 7 Under No. 1 of the recommendations of the committee 8 it will read, "The Committee finds that O'Farrell has 9 offered clear and convincing evidence that fraud or 10 election irregularities that would change the outcome 11 of the election occurred." 12 No. 2 would read, "The Committee 13 recommends that the Ohio House of Representatives 14 find that the 2012 general election for the office of 15 State Representative for the 98th House District was 16 not conducted in compliance with the Ohio 17 Constitution, Ohio statutes, Ohio Secretary of State 18 directives, and all other applicable law; and that 19 the seating of Al Landis, the Representative-elect 20 for the 98th District holding a certificate of 21 election, is invalid," and strike the rest. 22 Moving on to page 4, the second whereas, 23 "WHEREAS, said Select Committee has now made a full 24 and complete review of the record and has found that 25 the 2012 general election in the 98th Ohio House

22 22 1 District, which comprises Tuscarawas County and parts 2 of Holmes County, was not conducted in compliance 3 with the Ohio Constitution, Ohio statutes, Ohio 4 Secretary of State directives, and all other 5 applicable law, and. 6 "WHEREAS" -- this is the third whereas -- 7 "the Select Committee upon considering all of the 8 evidence taken before Chief Justice Maureen O'Connor 9 and the Supreme Court of Ohio finds that the people 10 of the 98th Ohio House District, which comprises 11 Tuscarawas County and parts of Holmes County, have 12 not been provided the opportunity of a fair 13 election." 14 Under the fourth whereas, "WHEREAS, the 15 Select Committee further finds that the seating of Al 16 Landis, the Representative-elect from the 98th 17 District holding a certificate of election, is 18 invalid by reason of the unconstitutional and 19 unlawful conduct of said election in Tuscarawas and 20 Holmes Counties." 21 Skip to the "Resolved" on page "RESOLVED, by the House, that it is hereby declared 23 that the 2012 general election for the office of 24 State Representative for the 98th Ohio House District 25 has been unlawfully and unconstitutionally conducted;

23 1 and be it further 23 2 "RESOLVED, by the House, that the seating 3 of Al Landis, the Representative-elect in the 98th 4 District holding the certificate of election, is 5 invalid," strike from "and shall continue, and he 6 shall" strike all the way to "House District," and 7 add, "and that the uncounted ballot votes in the 98th 8 House District race be counted and the prevailing 9 candidate be issued a certificate of election." 10 We will have those, I think, momentarily 11 in written form. 12 CHAIRMAN HUFFMAN: Okay. Is there a 13 second to the motion? 14 REPRESENTATIE STRAHORN: Second. 15 CHAIRMAN HUFFMAN: Second, Representative 16 Strahorn. 17 Representative Stautberg, I don't think 18 that this is so complicated that we need to have the 19 written document before us. 20 Is there any discussion on the motion? 21 REPRESENATIVE REDFERN: I move to call 22 the question. 23 CHAIRMAN HUFFMAN: The motion and second 24 as stated by Representative Clyde, and are you 25 comfortable with going forward with the vote, even

24 1 though the written document hasn't been presented? 24 2 REPRESENTATIVE CLYDE: Yes. 3 CHAIRMAN HUFFMAN: All right. Go ahead 4 and take the roll. 5 MS. MEDEN: Chairman Huffman. 6 CHAIRMAN HUFFMAN: No. 7 MS. MEDEN: Vice Chairman Stautberg. 8 REPRESENTATIVE STAUTBERG: No. 9 MS. MEDEN: Ranking Member Clyde. 10 REPRESENTATIVE CLYDE: Yes. 11 MS. MEDEN: Representative Curtin. 12 REPRESENTATIVE CURTIN: No. 13 MS. MEDEN: Representative Dovilla. 14 REPRESENTATIVE DOVILLA: No. 15 MS. MEDEN: Representative Pelanda. 16 REPRESENTATIVE PELANDA: No. 17 MS. MEDEN: Representative Redfern. 18 REPRESENTATIVE REDFERN: Yes. 19 MS. MEDEN: Representative Stebelton. 20 REPRESENATIVE STEBELTON: No. 21 MS. MEDEN: Representative Strahorn. 22 REPRESENTATIVE STRAHORN: Yes. 23 (Motion fails, 5-4.) 24 CHAIRMAN HUFFMAN: All right, the motion 25 does not pass.

25 25 1 Again, we are on the motion to adopt the 2 Report of Findings and Recommendations that I have 3 submitted to the committee. Is there further 4 discussion on the motion to adopt the Report of 5 Findings and Recommendations? 6 Please call the roll. 7 MS. MEDEN: Chairman Huffman. 8 CHAIRMAN HUFFMAN: Yes. 9 MS. MEDEN: Vice Chairman Stautberg. 10 REPRESENTATIVE STAUTBERG: Yes. 11 MS. MEDEN: Ranking Member Clyde. 12 REPRESENTATIVE CLYDE: No. 13 MS. MEDEN: Representative Curtin. 14 REPRESENTATIVE CURTIN: No. 15 MS. MEDEN: Representative Dovilla. 16 REPRESENTATIVE DOVILLA: Yes. 17 MS. MEDEN: Representative Pelanda. 18 REPRESENTATIVE PELANDA: Yes. 19 MS. MEDEN: Representative Redfern. 20 REPRESENTATIVE REDFERN: No. 21 MS. MEDEN: Representative Stebelton. 22 REPRESENATIVE STEBELTON: Yes. 23 MS. MEDEN: Representative Strahorn. 24 REPRESENTATIVE STRAHORN: No. 25 (Motion passes, 5-4.)

26 26 1 CHAIRMAN HUFFMAN: All right. Members of 2 the committee, I want to thank everyone for their 3 attention and patience in this proceeding. Members 4 of the public may or may not know, we don't get paid 5 extra for this, and we, of course, do it because it's 6 a service to the people of the state, and I know this 7 has been a lot of extra work for all of us. 8 I again want to thank counsel who 9 presented arguments in the case. It was very helpful 10 for all of us. 11 I also want to thank staff, both legal 12 counsel for both sides, who did, I think, an 13 admirable job. And I also want to thank Averel for 14 keeping us on track. 15 I want to make sure that the document is 16 signed here. And if there is nothing else to come 17 before the committee, we are adjourned. 18 (The hearing adjourned at 10:41 a.m.)

27 1 CERTIFICATE 27 2 I do hereby certify that the foregoing is a 3 true and correct transcript of the proceedings taken 4 by me in this matter on Tuesday, May 7, 2013, and 5 carefully compared with my original stenographic 6 notes. 7 Rosemary Foster Anderson, 8 Professional Reporter and Notary Public in and for 9 the State of Ohio. 10 My commission expires April 5, (RFA-72314)