Ohio Sec. State Brunner rules State Sen. Husted doesn't live where he votes

By Chad D. Baus

The Dayton Daily News is reporting that Democrat Secretary of State Jennifer Bruner has finally made a ruling in a highly partisan dispute over Republican State Senator Jon Husted's residency.

The fight started nearly a year ago, when two challenges of Husted's Kettering residency were filed with the Montgomery County Board of Elections in October 2008. The board deadlocked on partisan lines, sending the issue to Bruner.

After months of delay, and after being given a deadline from the Ohio Supreme Court, Bruner finally issuing a ruling, and stuck with the partisan theme, agreeing with other Democrats that Husted had failed to prove he lives at his house in Kettering.

From the story:

Husted vowed to fight Brunner's ruling, saying he will take legal action so he can exercise his "right to vote in the November election."

"This is another partisan, political decision that is typical of Jennifer Brunner," Husted said. "During this dispute Jennifer Brunner failed to follow the law and exceeded her authority."

The Montgomery County Board of Elections twice deadlocked along party lines on the residency question, sending it to Brunner to break the tie.

In a prepared statement, Chris Redfern, Ohio Democratic Party chairman, hailed Brunner’s decision.

"Overwhelming evidence, including utility records and media investigations, shows that Jon Husted does not reside at the Kettering house," Redfern said. "Today's ruling calls into question the legitimacy of Husted's candidacy for Secretary of State, because someone running to be Ohio's chief elections officer should follow Ohio elections law."

Redfern's reference to Husted's candidacy for Secretary of State points to the root of the dispute, as both parties are locked in a struggle to control the Apportionment Board Office, which redraws voting districts once every ten years, and which has traditionally played a role in helping the party who draws the lines control the legislature.

Husted has contended all along that Kettering is his home, but that he stays with his wife and children in her Upper Arlington home outside Columbus because of the demands of his job in the Ohio Legislature.

He said he intends to return to Kettering when his public service ends and that the law allows him to leave that residence while he is in public service without canceling his residency or his right to vote there.

Ohio law requires that people live where they are registered to vote and that legislators live in their district. It is up to the Legislature to determine if a sitting legislator is violating that law, and Ohio Sen. President Bill Harris, R-Ashland, said in June that he believes Husted is a Kettering resident.

In a prepared statement addressing the decision, Ohio Repubican Party Chair Kevin DeWine stated that "The Ohio Constitution clearly provides a residency exemption for legislators who work away from their respective districts on behalf of the state.

"Sen. Husted has lived, worked and voted in Montgomery County for more than two decades, and he's currently employed there by the Dayton Chamber of Commerce," the DeWine statement goes on to say. "His driver's license was issued in Montgomery County; his vehicle is registered there; and he pays his property and income taxes there. He's never been registered to vote in any other county, and he's never declared any intent to move his residency to any other county. He stays in Franklin County while representing his district at the Ohio Statehouse on official business, just like most other state legislators."

Husted, a multiple-endorsee of Buckeye Firearms Association, is challenged in the Republican primary by pro-gun Sandy O'Brien.

O'Brien earned the endorsement of Buckeye Firearms Association in 2006 and won an upset victory over her anti-gun opponent in the Republican primary.

The office of Secretary of State is open in 2010, as Brunner has declared her candidacy for United States Senate and will not be seeking re-election for the office.

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