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Montgomery County Board of Elections - August 28, 2012

Montgomery County Board of Elections - August 28, 2012

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Published by: Chris Geidner on Aug 28, 2012
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08/28/2012

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Jon Husted Ohio Secretary of State
180 East Broad Street, 16th Floor Columbus, Ohio 43215 Tel: (877) 767-6446 Fax: (614) 644-0649
www. OhioSecretaryofState.gov

August 28, 2012

Thomas J. Ritchie, Sr. 1644SpauldingRd.
Dayton, Ohio 45432

Dennis A. Lieberman 7475 Kimmel Rd. Clayton, Ohio 45315
Gentlemen:

After reviewing the report of the hearing officer following the August 20, 2012 hearing, I can draw no other conclusion: You knowingly and willfully violated Ohio election law by not

following Directive 2012-35, which Ohio law(R.C. 3501.11) requires you to follow. Thus, you
are immediately dismissed from the Montgomery County Board of Elections.
The hearing officer report states:

I conclude that no reasonable person after considering (a) the words of the directive ("Background" and "Instructions" read together in context) and (b) the plain words of

Mr. Damschroder's letter could conclude that Directive 2012-35 is ambiguous and
permits weekend hours for in person absentee voting. Therefore, 1 conclude that Mr. Lieberman in making his motion, voting for it and later refusing to rescind it did so in contravention of Directive 2012-35 and in violation of R.C. 3501.11. Mr. Ritchie, who
seconded the motion and voted for it, also did so in contravention of R.C. 3501.11. The hearing officer concludes:

I conclude that consistent with the Ohio Revised Code and relevant ease law the Secretary has the authority to remove Mr. Lieberman and Mr. Ritchie. Furthermore, I
believe that the facts warrant removal and recommend that the Secretary take such action. Board members are free to express their discontent with any Directive or Advisory issued, but they cannot disobey them. Your dismissal is not about differing views; it is about you violating

the law by not following a Directive (R.C. 3501.11). You were given subsequent chances to
comply and refused to take corrective action.

Page 2 of 2

I find no pleasure in taking this action and I thank you for your service.
Sincerely,

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