IN THE SUPREME COURT OF OHIO STATE OF OHIO …supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=...1 ) 15 South Court Street, Room 130 Athens, Ohio 45703 Relator, Katie O’Neill,

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PAUL W. FLOWERS CO. 50 Public Sq., Ste 1910 Cleveland, Ohio 44113 (216) 344-9393 Fax: (216) 344-9395

IN THE SUPREME COURT OF OHIO STATE OF OHIO ex rel. KATIE O’NEILL 17360 Riverside Drive. Apt. D Nelsonville, Ohio 45764

Relator, v.

ATHENS COUNTY BOARD OF ELECTIONS 15 South Court Street, Room 130 Athens, Ohio 45703

Respondent.

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CASE NO. ORIGINAL ACTION IN MANDAMUS

VERIFIED COMPLAINT IN MANDAMUS

Relator, Katie O’Neill, in the name of the State of Ohio on relation, hereby states

as her Verified Complaint in Mandamus against Respondent, Athens County Board of

Elections, as follows:

JURISDICTION

1. This Court possesses jurisdiction over this Complaint in Mandamus

pursuant to Article IV, Section 2(B)(1)(b) of the Ohio Constitution and R.C. 2731.02.

PARTIES

2. Relator, Katie O’Neill (“O’Neill”), is a member of the Ohio Democratic Party,

a registered Ohio voter, and resident at 17360 Riverside Drive, Apartment D, Nelsonville,

Athens, County of Athens, State of Ohio.

3. Respondent, the Athens County Board of Elections is located at 15 South

Court Street, Room 130, Athens, County of Athens, State of Ohio.

4. The Athens County Board of Elections is the body required by R.C.

Supreme Court of Ohio Clerk of Court - Filed March 06, 2020 - Case No. 2020-0339

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3501.11(J) to “[i]nvestigate irregularities, nonperformance of duties, or violations of Title

XXXV of the Revised Code by election officers and other persons; administer oaths, issue

subpoenas, summon witnesses, and compel the production of books, papers, records, and

other evidence in connection with any such investigation; and report the facts to the

prosecuting attorney or the secretary of state.”


3501.11(K)(1) to “[r]eview, examine, and certify the sufficiency and validity of petitions

and nomination papers” filed by candidates for public office representing Ohio House

District 94.


3501.11(Q) to “[i]nvestigate and determine the residence qualifications of electors.”

BACKGROUND

7. O’Neill has been a community member in Athens County for significant

portions of the previous decade.

8. O’Neill graduated from Ohio University in Athens County in 2013.

9. O’Neill left Athens County in 2015 to acquire a Master’s Degree and Juris

Doctor from Vermont Law School.

10. O’Neill stayed in a historic home at 104 North Main Street in Bethel,

Vermont, for less than four years, from August 1, 2015 to June 30, 2019.

11. O’Neill’s home in Vermont was struck by lightning on June 29, 2019, and

the ensuing fire destroyed the building and most of the possession inside.

12. O’Neill was in Ohio at the time of the lightning strike.

13. During her time in law school, O’Neill visited Ohio about once every three

months, with the intention of keeping her connections to friends, peers, and her home

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state.

14. O’Neill intended to return to Ohio after law school to live and find

employment.

15. O’Neill’s preliminary move back to Ohio began on July 5, 2019 while she

was still attending law school in Vermont.

16. O’Neill salvaged her possessions from the fire and sent them to her family

home in South Russell, Ohio.

17. O’Neill temporarily forwarded her mail to her family home in South Russell,

Ohio.

18. O’Neill registered to vote at the South Russell address in Geauga County on

October 4, 2019.

19. O’Neill finished the requirements of her law degree on September 1, 2019.

20. O’Neill began the process of integrating back into Athens County in October

2019, seeking employment and a historic home to rent with the goal of obtaining both by

November 1, 2019.

21. On October 14, 2019, O’Neill was hired to collect ballot petition signatures

in support of the referendum of House Bill 6.

22. On October 14, 2019, O’Neill returned to Athens county and began

collecting signatures in support of House Bill 6 while residing at the home of a friend.

23. On October 26, 2019, O’Neill found the historic home she had been seeking,

which was located at 17360 Riverside Drive, Apartment D, Nelsonville, Ohio (“Nelsonville

Home”).

24. O’Neill met with an employee of the property management company that

managed the Nelsonville Home on October 31, 2019.

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25. O’Neill agreed to terms and signed a lease for the Nelsonville Home dated

October 31, 2019, with a one-year rental term commencing on November 1, 2019.

26. The Nelsonville Home was partially furnished with a couch and matching

chair, bookshelf, tables, bathroom rugs, cups, plates, microwave, coffee machine, pots,

pans, utensils, three trash containers, broom, and mop.

27. The utilities at the Nelsonville Home were already working on October 31,

2019.

28. On November 1, 2019, O’Neill emailed an executed copy of the lease to the

management company and began to move to the Nelsonville Home.

29. In the wake of the fire at her former home in Vermont, O’Neill had collected

donations of essential items from people throughout October 2019 and she spent the first

days of November retrieving those goods.

30. O’Neill offered to make the initial payment on the lease on November 2,

2019, and she was asked by an employee of the property management company to meet

at the Nelsonville Home on November 4, 2019, to make her payment on the lease at that

time.

31. On November 4, 2019, O’Neill paid three months of rent at the Nelsonville

Home.

32. On November 5, 2019, O’Neill signed her first declaration of candidacy for

Ohio House District 94 at the real estate office of Michael Fletcher in Athens, Ohio.

33. On December 3, 2019, O’Neill appeared in person at the Athens County

Board of Elections, where she changed her voter registration address from Geauga County

Ohio to the address of the Nelsonville Home: 17360 Riverside Drive, Apartment D,

Nelsonville, Athens County, Ohio.

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34. On December 18, 2019, O’Neill appeared at the Athens County Board of

Elections, where she filed a timely declaration of candidacy and paid the required fee,

seeking the nomination of the Democratic Party as their candidate for Ohio House District

94.

35. On December 18, 2019, O’Neill submitted 142 signatures of voters

registered in Athens County and Meigs County on eight petitions using Form No. 2-F,

which was prescribed by the Ohio Secretary of State in September 2017.

36. Each individual petition form submitted by O’Neill was signed by voters

residing within the same county.

37. On December 18, 2019, O’Neill submitted more than the required fifty valid

signatures of qualified electors required for placement on the ballot for a majority political

party.

38. On December 18, 2019, O’Neill submitted more than the required fifty valid

signatures of qualified electors on petition forms that she had executed after registering

to vote in Athens County on December 3, 2019.

39. On December 19, 2019, the Meigs County Board of Elections certified the

validity of twelve signatures from voters of that county appearing on part-petitions

submitted by O’Neill.

40. Before December 20, 2019, the Athens County Board of Elections certified

the validity of a total of fifty-one signatures from voters of that county appearing on part-

petitions submitted by O’Neill.


the validity of eighteen signatures from voters of that county appearing on a part-petition

executed by O’Neill on December 13, 2o19.

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the validity of sixteen signatures from voters of that county appearing on a part-petition

executed by O’Neill on December 12, 2019.


the validity of seventeen signatures from voters of that county appearing on a part-

petition executed by O’Neill on December 4, 2019.

44. The Athens County Board of Elections did not check or consider the validity

of twenty-one signatures from voters of that county appearing on a part-petition executed

by O’Neill on November 5, 2019.

45. The Athens County Board of Elections did not check or consider the validity

of forty-four signatures from voters of that county appearing on two part-petitions

executed by O’Neill on November 20, 2019.

46. At a meeting of the Athens County Board of Elections on December 20,

2019, Katie O’Neill’s candidacy was certified to the Democratic Party primary ballot for

Ohio House District 94 by unanimous vote.

47. On December 20, 2019, O’Neill appeared at the Athens County Board of

Elections with Herman Hill (“Treasurer Hill”) for the purpose of registering Hill as the

Treasurer of the O’Neill Ohio House Committee.

48. On December 20, 2019, O’Neill and Treasurer Hill were informed by a

representative of the Athens County Board of Elections that O’Neill had fulfilled the

requirements to be placed on the ballot for the 2020 primary election.

49. On December 20, 2019, O’Neill and Treasurer Hill were informed by a

representative of the Athens County Board of Elections that O’Neill was the only

democratic candidate to file for the 2020 election for Ohio House District 94.

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50. O’Neill has not been removed from the Democratic Party primary ballot for

Ohio House District 94, and she currently appears on ballots as a candidate for the

Democratic Party nomination for Ohio House District 94 at the election to be held on

March 17, 2020.

51. Keith Allen Monk (“Monk”) is a registered Democratic voter residing in

Nelsonville, Ohio.

52. Monk filed a protest against O’Neill’s candidacy on January 2, 2020, under

the purported authority of Ohio Revised Code 3503.15.

53. On January 6, 2020, O’Neill received a phone call from the Director of the

Athens County Board of Elections, Debra Lee Quivey, (“Quivey”), who informed O’Neill

that a protest had been filed against her candidacy.

54. On January 6, 2020, O’Neill was provided by email with an electronic copy

of Monk’s protest along with a notice that a hearing would be set for later that week.

55. On January 6, 2020, O’Neill received a second email noting that a hearing

at the Athens County Board of Elections had been set for January 10, 2020, at 3:30 p.m.

56. On January 9, 2020, the hearing was rescheduled for January 14, 2020.

57. On January 14, 2020, The Athens County Board of Elections conducted a

three-hour hearing at which O’Neill submitted a brief supported by the testimony of six

witnesses and the October 31, 2019, lease agreement for the Nelsonville Home. The

witnesses stated that O’Neill had been living, sleeping, and working in Athens since

October 2019.

58. On January 14, 2020, The Athens County Board of Elections deadlocked in

a tie vote on the question of whether O’Neill was a resident of Ohio House District 94 and

eligible for the primary ballot under Article II, Section 3 and Article XV, Section 4 of the

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Ohio Constitution and R.C. 3.15.

59. The Athens County Board of Elections issued a notice on January 17, 2020,

setting a second hearing with a time and date to be arranged by the Athens County Board

of Elections and the parties involved.

60. On January 24, 2020, Director Quivey emailed O’Neill to provide notice

that the second hearing would occur on January 31, 2020.

61. On January 31, 2020, O’Neill attended the second hearing but was not

permitted to be heard.

62. On January 31, 2020, the Athens County Board of Elections held a thirty-

minute hearing and voted unanimously in favor of the protest, declaring that O’Neill is

not an eligible candidate for the democratic nomination for Ohio House District 94.

63. The Athens County Board of Elections ruled that O’Neill was not an eligible

candidate for the democratic nomination for Ohio House District 94 because she had not

“resided” in that district for “one year next preceding [her] election” pursuant to Article

II, Section 3 of the Ohio Constitution.

64. The Athens County Board of Elections ruled that O’Neill’s petitions were not

valid because she was not a registered voter in Athens County when she began circulating

her petitions declaring her candidacy.

65. On January 31, 2020, O’Neill requested a written statement from the

Athens County Board of Elections explaining their ruling.

66. On February 4, 2020, O’Neill called Director Quivey at the Athens County

Board of Elections to follow-up on the request for a written statement of the Board’s ruling

and was told that the Board had already explained everything they intended to disclose

about the ruling at the hearing.

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67. On February 6, 2020, Director Quivey sent an email verifying the ruling of

the Athens County Board of Elections.

68. On February 27, 2020, O’Neill made a formal written request to the Athens

County Board of Elections for all public records relating to her candidacy.

69. On March 4, 2020, O’Neill was provided with the public records that are

attached to this Verified Complaint.

70. The Athens County Board of Elections has not adopted minutes reflecting

the vote to declare that O’Neill is not an eligible candidate for the democratic nomination

for Ohio House District 94.

71. The Athens County Board of Elections has informed the public that O’Neill

is not an eligible candidate for the democratic nomination for Ohio House District 94 by

issuing fliers to voters and publishing the statement to its website located at:

https://www.boe.ohio.gov/athens/

72. Voters have now submitted votes to nominate O’Neill as the Democratic

Party candidate for Ohio House District 94. See Affidavits attached as Exhibit A.

CLAIM FOR RELIEF IN MANDAMUS

73. O’Neill is and was a permanent resident in Athens County and within Ohio

House District 94 as of October 14, 2019.

74. O’Neill is and has been “a resident,” pursuant to R.C. 3.15, “of the district”

she seeks to represent since October 14, 2019.

75. O’Neill is and was a permanent resident at the Nelsonville Home as of

November 1, 2019.

76. The “election” for “[s]enators and representatives” of the Ohio General

Assembly contemplated by Article II, Section 3 of the Ohio Constitution will occur on

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November 3, 2020.

77. O’Neill was “possessed of the qualifications of an elector” in the State of

Ohio pursuant to Article XV, Section 4 of the Ohio Constitution when she registered to

vote in Geauga County, Ohio on October 4, 2019.

78. O’Neill was “possessed of the qualifications of an elector” in Athens County

and Ohio House District 94 pursuant to Article XV, Section 4 of the Ohio Constitution

when she registered to vote at the Nelsonville Home on December 3, 2019.

79. After December 3, 2019, O’Neill circulated several part-petitions for her

candidacy for the democratic nomination for Ohio House District 94.

80. The Athens County Board of Elections did not consider the validity or

sufficiency of any part-petitions O’Neill circulated before December 3, 2019, for her


81. The Athens County Board of Elections only considered the validity or

sufficiency of the part-petitions O’Neill circulated after December 3, 2019, for her


82. The part-petitions for O’Neill’s candidacy for the democratic nomination for

Ohio House District 94 that were circulated after December 3, 2019, include more than

the required fifty signatures of qualified electors.

83. O’Neill has met all eligibility requirements to be a candidate for the

democratic nomination for Ohio House District 94, and possesses a clear legal right to

have votes for her counted as votes for an eligible candidate during the official canvas.

84. The Athens County Board of Elections has a clear legal duty to “[r]eview,

examine, and certify the sufficiency and validity of petitions and nomination papers” and

“[r]eceive the returns of elections, canvass the returns, make abstracts of them, and

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transmit those abstracts to the proper authorities.” R.C. 3501.11(K)(1) and (L).

85. The Athens County Board of Elections has a clear legal duty to “canvass the

election returns from the precincts in which electors were entitled to vote” for the March

17, 2020, primary election, and this must be completed on or before April 7, 2020. R.C.

3513.22(A) and (D)(2).

86. The Athens County Board of Elections has a clear legal duty to “determine

and declare the results” of the March 17, 2020, primary election after the canvas “has been

completed.” R.C. 3513.22(C).

87. After the results of the March 17, 2020, primary election have been

determined, the Athens County Board of Elections must “promptly certify abstracts of the

results of the elections within its county upon forms the secretary of state prescribes.”

R.C. 3513.22(C).

88. O’Neill does not have an adequate and expedient alternative remedy at law

to rectify the violation of her clear legal rights as described herein and to be otherwise

established during these proceedings.

89. Given the undisputed facts, no discretion has been afforded to the Athens

County Board of Elections to deny that O’Neill is an eligible candidate for the democratic

nomination for Ohio House District 94 at the March 17, 2020, primary election or

otherwise deviate from the requirements of law.

90. Unless relief in mandamus is granted, O’Neill will suffer a grave and

irreparable loss of her right to engage in the political process.

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PRAYER

WHEREFORE, Relator O’Neill requests that this Court issue a writ of mandamus

directing respondent, the Athens County Board of Elections, to declare that she is an

eligible candidate for the democratic nomination for Ohio House District 94 at the March

17, 2020, primary election, to count votes for her during the official canvass of the results

of that election, and to report votes for her when the results of that election are declared.

Costs should be taxed to Respondent.

Respectfully Submitted,

s/Louis E. Grube Louis E. Grube, Esq. (#0091337) [Counsel of Record] Paul W. Flowers, Esq. (#0046625) PAUL W. FLOWERS CO., L.P.A. Terminal Tower, Suite 1910 50 Public Square Cleveland, Ohio 44113 (216) 344-9393 FAX: (216) 344-9395 [email protected] [email protected] Attorneys for Relator, Katie O’Neill

Exhibit B

Exhibit B

Exhibit B

Exhibit C

Exhibit C

Exhibit D

Exhibit D

Exhibit E

Exhibit E

Exhibit F

Exhibit G

Exhibit G

Exhibit H

Exhibit H

Exhibit I

Exhibit J

Exhibit J

Exhibit K

Exhibit L

Exhibit L

Exhibit M

Exhibit N

Exhibit N

Exhibit O

Exhibit P

Exhibit Q

Exhibit Q

Exhibit R

Exhibit S

Exhibit T

Exhibit U

Documents

IN THE SUPREME COURT OF OHIO STATE OF OHIO …supremecourt.ohio.gov/pdf_viewer/pdf_viewer.aspx?pdf=...1 ) 15 South Court Street, Room 130 Athens, Ohio 45703 Relator, Katie O’Neill,