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Husted home question back before board

Jon Husted

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By Lynn Hulsey, Staff Writer Updated 10:33 AM Sunday, June 28, 2009

DAYTON — The local board of elections, which tied on the issue of Ohio Sen. Jon Husted’s residency, will take another look at the matter, along with subpoenaed documents, on Monday, June 29.

Husted, R-Kettering, faces an inquiry by the Montgomery County Board of Elections into whether he lives at the 148 Sherbrooke Drive home where he is registered to vote. Husted said he stays with his wife and children at her Upper Arlington home, but Kettering is his home.

Husted is running for secretary of state.

Ohio law requires legislators to live in their districts. The board of elections is looking only at his residency for voting purposes.

Husted was elected to represent the 6th District in November, and prior to that served in the Ohio House. He was elected in 2001 and served as speaker from 2005-2008.

The board of elections meets at 10 a.m. at the county administration building, 451 W. Third St.

Montgomery County Board of Elections chairman Greg Gantt this week said he believes Husted is complying with state law.

Gantt, an attorney and chairman of the Montgomery County Republican Party, said a person in the “service of the state or federal government cannot lose his or her residency status during the course of such employment unless he or she manifests an intention to abandon such residency status.”

Gantt and board member Jim Nathanson in February voted Husted is a Kettering resident. Democrats Dennis Lieberman and Tom Ritchie voted no.

To break the tie, Ohio Secretary of State Jennifer Brunner, a Democrat, requested documents from Husted and then, subpoenaed additional documents including utility, property and postal records.

Lieberman said he has reviewed the subpoenaed documents, which show dramatic declines in Husted’s use of water, gas and electricity at the Kettering house since the year before he became a state representative in 2001.

“That isn’t all the story but it certainly reflects his usage of his house,” Lieberman said.

Husted told the board he began staying in Columbus after falling asleep driving home.

Citing Ohio law and the state Constitution, Husted contends he complies with residency rules. He said if he is disqualified from voting in Montgomery County he can’t vote in Franklin County because he is not a legal resident there.

If the board ties again the matter will be sent back to Brunner.

Contact this reporter at (937) 225-7455 or lhulsey@DaytonDailyNews.com.

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