IN THE COURT OF COMMON PLEAS OF LUCAS COUNTY, OHIO Meghan Gallagher Chairman, Lucas County Republican Party Central Committee 10.S. Superior Toledo, OH 43604 Case No. LUCAS COUNTY BOARD OF ELECTIONS One Government Center, Suite 300 Toledo, OH 43604 and Ohio Republican Party State Central Committee 211 South Fifth Street Columbus, OH 43215 Plaintiff v. VERIFIED COMPLAINT FOR STATUTORY DAMAGES Defendants INJUNCTIVE AND DECLARATORY RELIEF Anthony J. DeGidio (0069064) 712 Farrer St. Maumee, OH 43537 Tel : (419) 509-1878 Fax: 419-740-2556 Email: tony@cyberlawyer.com COUNSEL FOR PLAINTIFF and Scott A. Ciolek PE (0082779) Ciolek LTD 520 Madison Ave. Suite 820 Toledo, Ohio 43604 Tel: (419) 740-5935 Fax: (866) 890-0419 Email: scott@cw.law.pro CO-COUNSEL FOR PLAINTIFF ******************************************************************* Meghan Gallagher ( Plaintiff ), for her Complaint against the Lucas County Board of Elections ( Defendant BOE ) and the Defendant Ohio Republican Party State Central Committee ( Defendant ORPSCC ) states as follows: I. PRELIMINARY STATEMENT
1. This action seeks declaratory and equitable relief, a preliminary and permanent injunction, and attorney's fees from Defendants due to Defendants failure to comply with R.C. 3517.04,.05, and.06. 2. This action is brought pursuant to Ohio Revised Code 3517.05. II. JURISDICTION AND VENUE 3. This Court has jurisdiction over this action pursuant to Ohio Revised Code 2721.12 Declaratory judgment procedure and Ohio common law, and Rule 65 of the Ohio Rules of Civil Procedure. 4. Venue lies in this forum because Plaintiff and Defendant BOE have their principal place of business in Lucas County. All events giving rise to this action took place in Lucas County. III. PARTIES 5. Defendant Lucas County Board of Elections ( Defendant BOE ) is an entity created under the laws of the State of Ohio and located in Lucas County, Ohio. The four appointed Board members of the BOE have oversight of all BOE operations. 6. Defendant Ohio Republican Party State Central Committee ( Defendant ORPSCC ) is a state political party located in Franklin County, Ohio and is the controlling committee of the Ohio Republican Party. The ORPSCC is comprised of one male and one female member who are elected every two years from each state senate district. 7. Plaintiff Lucas County Republican Party ( LCRP ) is a properly organized County Political Party located in Lucas County, Ohio. IV. FACTUAL BACKGROUND 8. Defendant BOE is a county board of elections organized under the laws of the State of Ohio.
9. The LCRP Central Committee is comprised of members that are elected under the laws of the State of Ohio at the primary elections held in even numbered years. 10. Plaintiff is the LCRP Central Committee Chairman, and Paul Hoag claims to hold her office. 11. Paul Hoag is not the LCRP Central Committee Chairman. 12. Mark Nowak is the LCRP Central Committee Secretary, and Jan Lowe claims to hold his office. 13. Jan Lowe is not the LCRP Central Committee Secretary. 14. Jon Stainbrook is the LCRP Executive Committee Chairman, and Jeff Simpson claims to hold his office. 15. Simpson is not LCRP Executive Committee Chairman. 16. Hans Schnapp is the LCRP Executive Committee Secretary, and Christine Seles claims to hold his office. 17. Seles is not the LCRP Executive Committee Secretary. 18. On January 11, 2010, Hoag, Simpson, Seles, and Lowe filed documents with the Defendant BOE alleging that there is a dispute between two groups claiming to be organized as the LCRP Central Committee. 19. At the March 4, 2008 primary election, 239 individuals were elected to position on the LCRP Central Committee. 20. Pursuant to R.C 351.7.04, the elected members of the LCRP Central Committee held an organizational meeting on June 14, 2008. 21. At the mandated organizational meeting, by a majority vote of the members-elect, Plaintiff Gallagher was elected Chairman and Mark Nowak was elected Secretary of the Central
Committee and Jon Stainbrook was elected Chairman and Hans Schnapp was elected Secretary of the Executive Committee. 22. At the June 14, 2008 organizational meeting, by majority vote, the LCRP central committee approved the LCRP bylaws used to govern the body. (Ex. A) 23. On July 14, 2008, LCRP Central Committee Secretary Nowak filed a list of members and officers chosen at the organizational meeting with the Secretary of State and Defendant BOE pursuant to the requirements of R.C. 3517.06. (Ex. B) 24. On July 14, 2008, LCRP Executive Committee Secretary Schnapp filed a list of members and officers chosen at the organizational meeting with the Secretary of State and Defendant BOE pursuant to the requirements of R.C. 3517.06. (Ex. C) 25. Secretary Schnapp and Secretary Nowak completed and filed the respective lists of executive and central committee members pursuant to the requirements of R.C. 3517.06 and Secretary of State Directive # 2008-41, which prescribes the required forms and instructions for filing the county and executive committee member lists. (Ex. D) 26. Since the June 14, 2008 organizational meeting, the organized central and executive committees have met multiple times to conduct party business. 27. Since the June 14, 2008 organizational meeting, a number of these elected precinct Committeemen have lost their position by either passing-away, resigning, or moving out of the precinct in which they were elected to serve. 28. The current and proper LCRP Central Committee is comprised of 232 people that were either duly elected or duly appointed. (Ex. E) 29. The current and proper LCRP Executive Committee is comprised of 107 people that were either duly elected or duly appointed. (Ex. F)
30. A regular central committee meeting was held on Monday December 21, 2009 at 10 S. Superior, Toledo, OH 43604, at the offices of the LCRP. 31. Pursuant to the Bylaws VI (C), the Secretary shall take and transcribe the minutes of all meetings, shall conduct all correspondence on behalf of the Committee, shall notify members of the time and place of all meetings in accordance with the requirements of R.C. Chapter 3517 and these bylaws, and shall perform other duties as directed by the Chairman. 32. On December 15, 2009, the central committee Secretary mailed a meeting notice containing an agenda of the orders of business to be conducted at the December 21, 2009 Central Committee meeting, thus giving members the Central Committee a minimum of 5 days notice as required in the bylaws V(E). 33. On December 21, 2009, a meeting of the LCRP Central Committee was held in accordance with the Bylaws, and Central Committee Chairman Gallagher presided over the meeting in accordance with bylaws Section VI(A)(1). 34. The only orders of business conducted at the meeting were those included on the meeting notice.( Exhibit G) 35. Upon information and belief, Defendant BOE and Paul Hoag and Jeff Simpson organized numerous people to attend the December 21, 2009 meeting who were not duly elected or appointed members of the central committee. Many of these people were drunk and disorderly and necessitated the appearance of the Toledo Fire Department and numerous Toledo Police to keep the peace and prevent violence at the meeting. 36. Given the large number of people attending the meeting, Central Committee Chairman Gallagher, consistent with her duty to preside over all meetings, opened the space on the second floor to accommodate the extra people.
37. Article VI (A)(1) of the Bylaws states that the Chairman shall preside at all meetings of the Central Committee. 38. Chairman Gallagher and central committee member Kelly Bensman stood at the bottom of the stairs to make sure that people admitted to the meeting were in fact central committee members that were allowed to vote at the meeting. Prior to going up stairs, each person gave their name to Chairman Gallagher and Bensman. 39. While central committeeman Anthony Boellner was checking in with Gallagher and Bensman, he called the fire department and asked that they come to the building because he felt a fire or safety code was being violated. 40. Gallagher and Bensman continued to check central committee members in when the fire department arrived and informed Executive Committee Chairman Stainbrook, Central Committee Chairman Gallagher, and Bensman that no meeting was allowed to be conducted until the fire department was able to perform an inspection of the building. Gallagher and Bensman proceeded to check in other members while the inspection was being conducted. 41. After all members were checked in, Gallagher and Bensman waited for the fire department to complete the inspection. 42. When the fire inspector gave the go ahead to have the meeting, Gallagher proceeded to immediately commence the meeting and called it to order. 43. Simpson agrees that Gallagher commenced the meeting. 44. Chairman Gallagher next asked for the approval of the agenda as it was printed and mailed to members. With an overwhelming say of "aye," she accepted the agenda and proceeded.
45. The first order of business was the discussion of volunteer opportunities for the 2010 races. 46. Chairman Stainbrook announced the LCRP Lincoln Day Dinner and affirmed that Karl Rove had agreed to appear at this fundraiser. 47. Following the announcement, Mr. Chris Myers stated there was a motion on the floor for a change in the agenda. 48. Chairman Gallagher stated to Myers that the agenda had previously been approved and she continued to the next order of business, the petition issue for 2010 Central Committee races. 49. There was a discussion regarding the petition vs. declaration of candidacy issue and the issue went to the floor for a vote. 50. The vote in favor of the petition passed with a vote of "aye". 51. Chairman Gallagher then proceeded to state that if there was no other proper business, she moved to adjourn the meeting. 52. The "ayes" had it, and the meeting was adjourned. 53. Following the close of the meeting, Chairman Gallagher and other committee members left the floor. 54. Shortly after the meeting, on December 23, 2009, Hoag and Simpson filed with Defendant BOE numerous sham documents that include a list of purported Central Committee Members and a list of purported Executive Committee Members. (Ex. H and Ex I.) 55. Exhibit H is the list of central committee officers and members provided on forms prescribed by Secretary of State Directive # 2008-41 that Hoag filed with Defendant BOE pursuant to the requirements of R.C. 3517.06.
56. Pursuant to the requirements of R.C. 3517.06, the list is supposed to be filed after the "organizational" meeting and it is to be filed by the Secretary of the central committee. Instead of complying with the law, Hoag scratched out the word "secretary" printed on the Secretary of State prescribed form and wrote over it "Chairman" thus, by signing in that capacity, falsely represented to Defendant BOE that he was the Chairman of the Central Committee. 57. Hoag s signature on the list represents his certification that the list provides the names and addresses of individuals who were "chosen at the organizational meeting held on December 21, 2009"(emphasis added). 58. R.C. 3517.03 provides that all the members of the central committee shall be elected for terms of either two or four years, as determined by party rules, by direct vote at the primary held in an even-numbered year (2008 and 2010). 59. R.C. 3517.05 provides that a county committee shall serve until the sixth day after the date of the declaration of the results by the board of elections of the primary election in that county. At that point in time, the party must have an organizational meeting as provided for in R.C. 3517.04 and in the Bylaws. 60. R.C. 3517.04 provides:...in the case of a county central committee, the meeting shall be held not earlier than six nor later than fifteen days following the declaration of the results by the board of elections of the election of members of county central committees in that county. Notice of any meeting held pursuant to this section, giving the place and time, shall be sent to each member-elect by the retiring secretary of the committee by mail and a copy of the notice shall be posted in the office of the secretary of state or board of elections, as the case may be, at least five days prior to any such meeting. The meeting shall be called to order by the retiring chairman or secretary or if there is no such officer, or if such officer is absent, then by a member of such committee designated by the secretary of state in the case of the state committees, and by a member of the board of elections of the same political party, designated by the board, in the case of county committees. A temporary chairman and secretary shall be chosen and the committee shall proceed to organize by the election of a
chairman, vice-chairman, treasurer, secretary, and such other officers as the rules provide. 61. Hoag's signature representing that the list was the names and addresses of individuals who were "chosen at the organizational meeting held on December 21, 2009" was false, because pursuant to R.C. 3517.04, an organizational meeting could not have been held on that date, notice required by the statute was not provided, and the meeting was not called to order by the proper individual. 62. Hoag s list of central committee members does not list a secretary presumably because one was not elected during the alleged December 21, 2009 meeting of the Simpson-Hoag faction despite the requirement of R.C. 3517.04 that a Vice-Chairman, Treasurer, and Secretary of the Central Committee be elected prior to other officers such as Executive Committee Chairman and Vice-Chairman. It is clear that the Hoag group is not organized pursuant to the requirements of R.C. 3517.04; and therefore, Defendant BOE cannot act on any group filed by Hoag because a December 2008 lawful organizational meeting did not occur. 63. Hoag knew the requirements of the law, because he made a statement to certify the members were elected during an organizational meeting and he purposely filed a sham legal document with Defendant BOE in an attempt to declare himself Chairman of the Central Committee. 64. Exhibit I is a fraudulent list of LCRP Executive Committee Officers and members filed on December 23, 2009 with Defendant BOE and is signed by Simpson who is falsely claiming himself as the Chairman of the Executive Committee. Pursuant to R.C. 3517.06, the list of members is supposed to be filed after the "organizational" meeting, and it is to be filed only by the Secretary of the committee. Instead of complying with the law, Simpson scratched out the word "secretary" printed on the form and wrote over it "Chairman" thus falsely representing to
Defendant BOE that he was the Chairman of the Executive Committee and had some kind of authority under the law to file this document. 65. Simpson is currently not on the central committee or the executive committee as he moved from the precinct to which he was elected to serve as central committeeman, and as such, Simpson has vacated his precinct. Simpson also filed with Defendant BOE Exhibit I, which is a fraudulent list of Republican Executive Committee Members. 66. Simpson ignored the law by scratching out the word "secretary" and writing over it the word Chairman and then fraudulently represented he was the chairman by signing in that capacity. 67. Simpson's signature represented that the list provided the names and addresses of individuals who were "chosen at the organizational meeting held on December 21, 2009". 68. Simpson's signature represented that the list provided the names and addresses of individuals who were "chosen at the organizational meeting held on December 21, 2009," which is clearly false, because pursuant to R.C. 3517.04, an organizational meeting could not have been held on that date, notice required by the statute was not provided, and the meeting was not called to order by the proper individual, who would be an an outgoing chairman or secretary within 6 to 15 days after the Board of Elections declaration of results of a primary election held in even numbered years. 69. Simpson and Hog did not provide Defendant BOE any written request to take any action on the lists of central and executive committee members, however, Defendant BOE immediately scheduled a special meeting of the Board on December 26, 2009 to certify Hoag s and Simpson s sham committees pursuant to the requirement of R.C. 3517.05. (Ex. J)
70. R.C. 3517.05 only authorizes Defendant BOE to certify the lists of members when more than one lawful group has organized pursuant to the requirements of R.C. 3517.04. 71. R.C. 3517.04 mandates that a committee can only organize within 6 to 15 days after the board of elections declares the results of a primary election held in even numbered years, and Simpson s and Hoag s groups have clearly not organized as required by this statute because the last primary election was held on March 4, 2008. 72. Since Simpson s and Hoag s respective lists of central and executive committee members are not organized groups formed pursuant to the requirements of R.C. 3517.04, Defendant BOE cannot certify the lists and Defendant ORPSCC cannot determine the rightful organized group pursuant to the requirement of R.C. 3517.05. 73. Patrick Kriner and Lynn Olman are members of the Central Committee and Members of Defendant BOE. Kriner is also a member of the Executive Committee. 74. Kriner and Olman refused to step down from their positions at the BOE when the new party chairman, Jon Stainbrook was elected by a majority vote of the Central Committee at a properly held organizational meeting. 75. Kriner and Olman were advised by Chairman Stainbrook that they would not be recommended to the BOE for another term after they way they used the BOE office to campaign against new central committee members Stainbrook recruited. 76. Kriner and Olman are understandably upset about the prospect of losing their health insurance benefits and PERS retirement benefits and therefore have conspired with others to frustrate Stainbrook's governance of the party going so far as to use their positions at the BOE for personal gain by attempting to exert control over and cover up the fraudulent filings of Hoag, Simpson, Lowe, and Seles.
77. Kriner is involved in litigation with the LCRP for violation of the Ohio Open Meeting laws. In that action (Case No. CI 200906190 Lucas County Common Pleas Court), it is alleged that the LCRP recently discovered documents which indicate that Kriner was elected to the BOE at a meeting which he participated in and which violated the Ohio Open Meeting Act and thus his appointment to the BOE is void ab initio. 78. He knows his time on the BOE is coming to an end and has now is using his political position for personal gain by now attempting to exert control over the fraudulent filings of Hoag, Simpson, Lowe, and Seles, so he can somehow prevent Stainbrook for keeping control of the LCRP Executive Committee, and as such, the recommendation for Olman s BOE Board seat. 79. Upon information and belief Olman and Kriner recruited people to go to the December 21, 2009 meeting so as to disrupt the LCRP business. 80. After Hoag and Simpson filed the fraudulent documents with the BOE, Olman and Kriner, using their positions at the BOE, took immediate action to certify these sham documents in an attempt to preserve their board positions. 81. Olman and Kriner issued the notice of a BOE meeting (Exhibit J) scheduled for Saturday December 26, 2009 where they would certify the fraudulent filings to the state central committee and ask the state central committee to resolve the alleged dispute between the factions. 82. They did so knowing that the BOE had no legal authority to intervene in the meeting. 83. Counsel for the LCRP immediately sent a letter to the BOE (Exhibit K) informing them of their illegal actions. 84. In less than 6 hours after receiving the letter, the BOE issued a Notice that the meeting set for Saturday was cancelled with no explanation.
85. At this point in time, Hoag, Simpson, Kriner, Olman and the rest of the BOE knew that the BOE's authority to refer any dispute to the state central committee under R.C. 3517.05 only applied to "organized groups" arising from "organizational meetings" and that there was no valid meeting or legitimate filings made. 86. They are further aware that any organizational meeting can only occur with valid notice and be called to order by the retiring chairperson. 87. When questioned about the reason for the board meeting, the BOE, Simpson, Hoag, and others are purposefully misrepresenting the law so their actions give the appearance of being lawful. 88. Hoag and Simpson did not submit any request to the BOE to initiate action on its part. 89. Instead Kriner and Olman initiated the BOE response. 90. Upon information and belief, the BOE sent notice for a special meeting to certify Simpson s and Hoag s documents pursuant to R.C. 3517.05 within a half an hour after they filed them. 91. The county prosecutor declared that the executive committee lists and central committee lists filed by Simpson and Hoag were not proper and Defendant BOE could not hold a meeting to certify them in accordance with 3517.05 since they were not filed and signed by the lawful Secretary of each committee as required by R.C. 3517.06. (Ex. L) 92. The prosecutor did not provide an opinion on neither the legitimacy of the December 21, 2009 central committee meeting or a proper interpretation of the requirements of R.C. 3517.05, and only provided the determination as to the law requiring that the lists of central committee and executive members be signed by the Secretary of the committee.
93. The Simpson-Hoag faction would like for Defendant BOE to unlawfully certify their sham filing and pass it to Defendant ORPSCC. Members of the Simpson-Hoag faction have publicly stated that they believe the ORPSCC will determine them to be the rightful organized committee, because Hoag is the Treasurer for the Ohio Republican Party and members of the their faction include 4 of the 66 members comprising the ORPSCC including Paul Hoag, Jonathan Binkley, Joanne Wack, and Diana Dee Talmage. 94. Hoag and Simpson, implicitly acknowledging the fraudulent nature of their filings to the BOE, and to create further confusion by calling and holding another illegitimate meeting on January 7, 2010. 95. Hoag and Simpson know that Ohio law requires that when an "organized" group claims to take over a party that certain committee officers must be elected and documents must first be filed with the BOE by the secretary. 96. Since these lists of members were declared invalid, Simpson and Hoag held what they purported to be a special meeting of the LCRP Central and Executive Committees on January 7, 2010. 97. Simpson and Hoag mailed a meeting notice to select members of the executive committee and central committee. (Ex. M). 98. Simpson and Hoag are not authorized to notice such meetings pursuant to ORC and bylaws. 99. In addition to the lacking the authority to call the meeting, Simpson and Hoag failed to provide the required 5 days notice to the members of the LCRP Central Committee and the Executive Committee.
100. Simpson and Hoag fraudulently used the LCRP's P.O. Box mailing address without authorization to disguise their meeting notice to be that of a legitimate LCRP meeting. 101. At the January 7, 2010 meeting Simpson and Hoag claim to have elected temporary officers and appointed permanent members. 102. On January 11, 2010, Jan Lowe filed the forms prescribed by the Secretary of State to provide a list of Central Committee members with Defendant BOE and Lowe signed the forms to certify that the foregoing are the names and addresses of the members of the Republican County Central Committee chosen at the (the word "organizational " struck out) meeting held on the 07 day of January 2010 and who will serve a two year term." (Ex. N) 103. Jan Lowe did not file a list of Central Committee officers pursuant to the requirements of R.C. 3517.05 with Defendant BOE on the forms prescribed by the Secretary of State. 104. Exhibit N shows that Lowe certified that the members will serve a two year term beginning January 7, 2010, which is clearly false, as the next primary election is May 4, 2010 and the current members will lose their positions. 105. By creating the forms using the term organizational committee the Secretary of State acknowledges that new lists of organized groups can only be filed after the organizational meeting and these organized committees shall be elected for a two year term, not a half a year like the Simpson-Hoag faction are trying to accomplish. 106. Lowe falsely represented herself as the Secretary of the LCRP Central Committee, because Mark Nowak is the lawful Secretary of the Central Committee who was first elected at the July 14, 2008 organizational meeting. 107. On January 11, 2010, Christine Seles filed a list of Executive Committee members on the forms prescribed by the Secretary of State with Defendant BOE. Seles signed the forms to
certify that the foregoing are the names and addresses of the members of the Republican County Executive Committee chosen at the organizational meeting held on the 07 day of January 2010 and who will serve a two year term." (Ex. O) 108. Seles did not file a list of Executive Committee officers pursuant to the requirements of R.C. 3517.05 with Defendant BOE on the forms prescribed by the Secretary of State. 109. Seles falsely represented herself as the Secretary of the LCRP Executive Committee when she signed the member list on 1/7/10 with the intent to certify the sham list of Executive Committee members filed with Defendant BOE through her statement, I hereby certify that the foregoing are the names and addresses of the members of the Republican County Executive Committee chosen at the organizational meeting held on the 07 day of January 2010 and who will serve a two year term." 110. It was the intent of Hoag, Simpson, Seles, and Lowe that Defendant BOE certify these documents to Defendant ORPSCC in the hope that the minority group, the Simpson-Hoag faction, would be determined the rightful organized county central and executive committees pursuant to the requirements of R.C. 3517.05; however, they are not an organized group pursuant to that statute. 111. The document filed with Defendant BOE by Lowe purporting to be the list of Central Committee Members is clearly lacking the names of 114 elected and appointed members of that body. 112. The document filed by Seles purporting to be the list of Executive Committee Members is clearly lacking the names of 38 elected and appointed members of that body. 113. Defendant BOE has scheduled a meeting for 8:30 am on Tuesday January 12, 2010 to review and certify the documents submitted by Hoag, Simpson, Seles and Lowe. (Ex. P)
114. The LCRP attorney submitted a letter on January 11, 2010 to object to Defendant BOE s certification of Lowe s and Seles lists of members for similar reasons made in the December 24, 2009 objection letter. (Ex. Q) 115. Attached as Exhibit R is Plaintiff s declaration incorporated herein by reference.. V. COUNT I DECLARATORY JUDGMENT 116. Plaintiff re-alleges and incorporates herein by reference all proceeding paragraphs hereinabove together with the referenced exhibits. 117. Plaintiff and Defendants disagree as to the applicability of R.C. 3517.05. 118. Plaintiff contends that R.C. 3517.05 applies only to groups that have been duly organized under R.C. 3517.04. 119. R.C. 3517.04 requires: That a meeting shall be held not earlier than six nor later than fifteen days following the declaration of the results by the board of elections of the election of members of county central committees in that county. 120. Notice of any meeting held pursuant to this section, giving the place and time, shall be sent to each member-elect by the retiring secretary of the committee by mail and a copy of the notice shall be posted in the office of the secretary of state or board of elections, as the case may be, at least five days prior to any such meeting. 121. The meeting shall be called to order by the retiring chairman or secretary or if there is no such officer, or if such officer is absent, then by a member of such committee designated by the secretary of state in the case of the state committees, and by a member of the board of elections of the same political party, designated by the board, in the case of county committees.
122. A temporary chairman and secretary shall be chosen and the committee shall proceed to organize by the election of a chairman, vice-chairman, treasurer, secretary, and such other officers as the rules provide. 123. The group indicated by documents that were filed by Simpson, Hoag, Lowe and Seles does not meet any of the requirements of an organized group. 124. The group indicated by documents that were filed by Simpson, Hoag, Lowe and Seles disenfranchises over 114 individuals from the Central Committee that were either duly elected or appointed. VII. COUNT II TEMPORARY RESTRAINING ORDER & PRELIMINARY INJUNCTION 125. Plaintiff re-alleges and incorporates herein by reference all proceeding paragraphs hereinabove together with the referenced exhibits. 126. Without intervention from this court Defendant BOE will improperly, and without legal authority, certify the fraudulent lists submitted by Simpson, Hoag, Lowe, and Seles to the Ohio Central committee. 127. Without intervention from this court Defendant ORPSCC will improperly, and without legal authority, make a determination as to the rightful organized committee based on Defendant BOE s unlawful certification of the fraudulent lists submitted by Simpson, Hoag, Lowe, and Seles. 128. Plaintiff has demanded that Defendant BOE not certify the list offered by Simpson, Hoag, Lowe and Seles and that Defendant ORPSCC not make a determination based on any list provided by Simpson, Hoag, Lowe, and Seles that has been certified by Defendant BOE. 129. Defendant BOE has refused to cancel the meeting scheduled for January 12, 2010 for the purpose of certifying the lists of committeemen proffered by Simpson, Hoag, Lowe and Seles.
130. Plaintiff has no adequate remedy at law. 131. If Defendant BOE is permitted to certify these lists, the harm done to Plaintiff is irreparable and immediate. 132. Plaintiff has suffered damages in the amount more than $25,000 by reason of the illegal act that underlie this action. 133. Judgment should issue against Defendant BOE that defendant be ordered and directed to not certify the documents submitted by Simpson, Hoag, Seles and Lowe and for damages in the amount above $25,000.00 and costs. WHEREFORE, plaintiff prays for a judgment which declares that R.C. 3517.04 through.06 refer only to groups formed by organizational meetings; and Declaratory releif that Defendant BOE has no legal right "certify" the group proffered by Simpson-Hoag, Seles, and Lowe and send them to the Ohio State Republican Party Central Committee or otherwise become involved in this intra-party dispute; and Plaintiff prays for a declaratory judgment declaring the LRCP Central Committee & Executive Committee, as well as the officers proffered to the BOE by Stainbrook and Gallagher are the de facto and de jure list of the LRCP Central Committee & Executive Committee; and A Temporary Restraining Order and Preliminary Injunction restraining the BOE or State Central Committee from taking any actions on disputes which began from the fraudulent documents submitted by Hoag-Simpson to the BOE, or attempts to become involved with the resolution of intraparty disputes as to the legitimacy of committees outside of organizational meetings as that term is used by statute. attorneys fees, costs of this action and such other relief this court finds just. DATED: January 12, 2010 Respectfully Submitted,
Anthony J. DeGidio (0069064) 712 Farrer St. Maumee, OH 43537 Tel : (419) 509-1878 Fax: 419-740-2556 Email: tony@cyberlawyer.com COUNSEL OF RECORD FOR PLAINTIFF _ Scott A. Ciolek PE (0082779) Ciolek LTD 520 Madison Ave. Suite 820 Toledo, Ohio 43604 Tel: (419) 740-5935 Fax: (866) 890-0419 Email: scott@cw.law.pro COUNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Complaint was filed this 12th day of January 2010. Parties may access this filing throughout the Court's system. Notice of this filing will be sent to all parties via electronic or U.S. Mail. Anthony J. DeGidio,
VERIFICATION I, Meghan Gallagher, declare as follows: 1. I am the Chairman of the Lucas County Republican Party Central Committee. 2. I have personal knowledge of Lucas County Republican Party Executive Committee and Central Committee meetings and was present at the meeting held on December 21, 2009. I am aware of the events set out in the foregoing Complaint, and if called upon to testify I would competently testify as to the matters stated herein. 3. I verify under penalty of perjury under the laws of Ohio that the factual statements in this Complaint concerning the Lucas County Republican Party are true to the best of my knowledge information and belief. Executed on January 12, 2010. Meghan Gallagher Chairman of the Lucas County Republican Party Central Committee and Member of the Lucas County Republican Party Executive Committee