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Court has no jurisdiction over Husted’s residency dispute, says Brunner

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By Lynn Hulsey, Staff Writer Updated 3:46 PM Sunday, September 27, 2009

The Ohio Supreme Court does not have jurisdiction over State Sen. Jon Husted’s dispute with Ohio Secretary of State Jennifer Brunner, according to a response to Husted’s lawsuit filed Friday by Brunner.

Husted, R-Kettering, last week asked the court to overturn Brunner’s ruling that Husted does not live at the Kettering home where he is registered to vote. Brunner had on Monday, Sept. 21, broken a tie vote by the Montgomery County Board of Elections over the issue of Husted’s residency for voting purposes. She said the board must cancel his voter registration.

Husted says the Kettering residence is his home and he is there at least once a week. He said he usually stays at his wife’s Upper Arlington home due to the demands of his job in the Ohio Legislature.

State law requires that voters live where they are registered and that state legislators live in their districts. Brunner’s ruling only covers Husted’s voter registration. The issue of his 6th District senate seat is up to the Ohio Senate to decide, and Senate President Bill Harris, R-Ashland, has said he believes Husted is a Kettering resident.

Husted contends Brunner overstepped her authority by subpoenaing utility records and other documents she used as evidence in her ruling.

In Brunner’s response to his lawsuit, she said she used the investigatory powers available to her office. Brunner denied Husted’s contention that she had abused her discretion, acted in clear disregard of the law and or violated Husted’s constitutional rights.

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

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