CHARDON, OHIO CASE NO, 12M 653 JUDGE DAVID L. FUHRY Susan Daniels, Plaintiff 9754 Thwing Road Chardon, OH 44024 v COMPLAINT AND MOTION FOR TEMPORARY AND Jon Husted, Defendant PERMANENT INJUNCTION Ohio Secretary of State AND MANDAMUS 180 E, Broad Street, 16th Floor Columbus, OH 43215 NATURE OF THE CASE 1. Ohio election codes and procedures currently leave Ohio election officials dependent upon accurate and truthful representations from political parties regarding the qualifications of candidates to hold office. Since the Ohio Secretary of State is required, by oath, to uphold the U. S. Constitution and Ohio Constitution and is required to place on the ballot any filing he receives, as long as he has reason to believe the document is not materially false or fraudulent, he depends upon truthful representations by the Democratic or Republican Party of Ohio that the individual selected by the Party as its candidate for the office of President of the United States has been properly vetted. When,the Ohio Secretary of State receives a document from the Democratic or Republican Party identifying the Party's candidate for President, the Secretary of State is required, unless the candidate’s eligibility is challenged, to place the candidate’s name on all ballots in all Ohio counties under Ohio Revised Code (ORC) 3501.39. (See attached highlighted Exhibit 1). Section (A)(3) requires the Secretary of State to accept declarations of candidates’ filings, unless they violate “other requirements established by law.” ‘The function of the Secretary of State in this capacity, as it currently stands, is ministerial, which means that the Secretary of State has no authority to scrutinize the candidates’ qualifications to hold office. This procedure leaves the Secretary of State, any opposing candidates, and all the citizens of Ohio completely dependent upon a truthful and accurate representation from a political party that their candidate is qualified to hold the office of President of the United States. ORC 3501.01(H) states: “Candidate” means any qualified person (Emphasis added] certified in accordance with the provisions of the Revised Code for placement on the official ballot of a primary, general, or special election to be held in this state, or any qualified person who claims to be a write-in candidate, or who knowingly assents to being represented as a write-in candidate by another at either a primary, general, or special election to be held in this state.” Defendant Husted is the Ohio Secretary of State. A letter from the Ohio Secretary of State Jon Husted dated April 18, 2012 says, in part: “...| do not have the authority to review sither_the political party’s selection _process_or the qualifications of the joint candidates, [Emphasis added.}” (See attached highlighted Exhibit 2.) Ohio Revised Code (ORC) 111.24:Refusal of documents for filing or recording. (A) Notwithstanding any other provision of the Revised Code, if'a person presents, a document to the secretary of state for filing or recording, the secretary of state may refuse to accept the document for filing or recording if the document is not recording, (Emphasis added. (See attached Exhibit 3.) This section of the ORC111.24 and the letter from Defendant Husted are in opposition to the swom oath that Defendant Husted took, prior to assuming the office as Ohio Secretary of State. In his letter Defendant Husted said he does not have the authority to review information by a political party. ORC 111.24 is consistent with that statement of fact there is no duty to evaluate documents provided to him unless the documents presented are fraudulent. There would be no reason to anticipate a political party proffering 2 document containing fraudulent information to the Secrtary of State. However, that is what has occurred. To become the Democratic candidate, Barack Obama engaged in fraud. He has been using a fraudulent social security number since the mid-80s. Before a person is allowed to assume the position of the Ohio Secretary of State he or she is required to pledge to uphold the U.S. and Ohio Constitution. Defendant Husted, took an oath on January 9, 2011, in which he stated: “I, Jon Husted, do solemnly swear that I will support the Constitution of the United States and the Constitution of Ohio, and will faithfully and impartially discharge and perform all of the duties incumbent upon me as the Secretary of State of Ohio according to the best of my ability, and my understanding. ‘And this do as I shall answer unto God.”