Position Paper of Tom Richey and Dennis Lieberman,Montgomery County Board of Election MembersRe: 2-2 Tie On The Question of Senator Husted’s Residency

I. BACKGROUNDThe Dayton Daily News ran an article before the November 2008 Election questioningthe residency of then Speaker, John Husted. The question at issue was then Speaker Husted andhis wife claiming tax exemptions in both Franklin County, Ohio and Montgomery County,Ohio when only one would be appropriate.Subsequent to the Dayton Daily News article there were complaints filed asking for theinvestigation of then Speaker Husted’s residency by Progress Ohio, a 501(C)(3) organizationand by a registered Republican residing in Speaker Husted’s legislative district. Both of thefilings however, were too late to be considered for the November election.Therefore, the Montgomery County Board of Elections agreed to consider the residencyof Speaker Husted for purposes of voter registration prior to the next election. The investigationitself, how it was going to be conducted and documents to be produced were the subjects of much discussion. Member Lieberman had requested a list of eighteen documents from thenSpeaker Husted. This request was not agreed upon by the two Republican members of theBoard of Elections. A compromise could not be reached and documents were NOT producedby Speaker Husted.There was an agreement that now Senator Husted would appear before the Board of Elections for purposes of his testimony relating to his residency, without subpoena. SenatorHusted appeared before the Board of Elections on January 7, 2009 at 11:00 a.m. Senator

Husted first made a statement and then was questioned by member Lieberman regarding hisresidency.II. FACTSSenator Husted began by making a statement to the Board of Elections claiming that hisresidence at 148 Sherbrooke Drive in Kettering, Ohio is the “only home I own.” “It is the placewhere I pay my taxes, receive my mail and where I voted for 14 years.” Senator Husted thenstated that he is in Columbus, Ohio often “Being speaker is a 7 day a week job and includedoversight of over 200 employees, 20 committees,…” Senator Husted then explained that afterhe fell asleep at the wheel one evening on his way back to Kettering he decided to spend nightsin Columbus. “This was less than an ideal solution in the short term, so I soon found anapartment for rent and another short term solution. Over time, I had rented, owned, or stayedwith family, in at least six different places while carrying out my duties.” Senator Husted took the position that “Columbus is not my home. I have never abandoned my residency in Ketteringand when my public service is completed, I intend to return home full time to Kettering.”However, upon further questioning, Senator Husted stated the following. “Does myfamily reside in Columbus? I would say for the most part that is accurate.” After furtherquestioning about whether his family stays in Kettering he stated that they were in Kettering“last weekend. Okay. Did they stay the night or the day? Last weekend…I don’t think westayed last weekend.” Senator Husted further stated, “My son is thirteen and his mother lives inUpper Arlington. He has attended school there since he was in Kindergarten.”Senator Husted’s second marriage occurred approximately three years ago. “She livedin Columbus.” “And we have maintained…She’s maintained a house there. She is in the real

estate business. We have also remodeled the house in Kettering, a project that she wasresponsible for and led. We did all of that just 2 years ago.” When asked how many houses heowns, Senator Husted’s response was “I don’t own any.” His wife “owns one house” which isdifferent from earlier testimony when Senator Husted stated the Kettering house is the onlyhouse he has ever owned.When asked about his DP&L bills, Senator Husted said the following:DL: “Can you tell me what your average DP&L bill would be for the past year at theKettering residence?”JH: “I can’t. I don’t know off hand.”DL: “Would you estimate that it was less than $100.00? Was it more than $100.00?Was it more than $200.00?”JH: “I don’t know. I really don’t.”At one time, Senator Husted claimed that the Kettering residence was in his name,however, when confronted with an affidavit from a neighbor of his who indicated that Mr.Husted’s Kettering house deed was in a Trust his response was:“The only thing of it…again, when I got married, we did a will to avoid…Asyou get advised to make sure that there are no problems with the Probate of thedistribution if something were to happen to your property, then you put it in aTrust that then you can give to your children in the family, and likewise my wifedid the same thing with her assets. I believe that’s what they would be talkingabout.”Senator Husted did not know the details of his Trust. To try to clarify whether his Ketteringproperty is in a Trust the following question was asked: “To the best of your knowledge, it’s in