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Brunner responds to Husted residency lawsuit

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By Laura A. Bischoff, Staff Writer Updated 10:41 PM Friday, September 4, 2009

COLUMBUS — Another round in the fight over whether state Sen. Jon Husted really lives in Kettering played out in the Ohio Supreme Court on Friday, Sept. 4, when Secretary of State Jennifer Brunner filed her response to Husted’s lawsuit.

For those of you not paying super close attention, here is a recap: in October two people complained to the Montgomery County Board of Elections that Husted really lives in suburban Columbus with his wife and daughter. The four-member board looked into it, deadlocked 2-2 along party lines on the issue, and asked Brunner, a Democrat, to break the tie. Brunner asked for more information in April and sent the info and the case back to the board of elections, which deadlocked again in July. In August, Husted asked the Ohio Supreme Court to order Brunner to make a decision.

And on Friday, Brunner responded to the suit by denying most of the allegations Husted made in the 48-page complaint. And on the crucial allegation — that he has lived in Ketttering for the last 15 years — Brunner said she doesn’t have sufficient information to form a belief as to the truth of that.

Husted, a Republican, maintains that he is legally a Kettering resident but acknowledges that as a state lawmaker he has had to spend a lot of time in Columbus.

State lawmakers are required to live in their districts and voters are required to vote where they live. Husted argues the law allows him to leave his home during his government service without forfeiting his residency for voting purposes.

Husted is now running for Brunner’s job – secretary of state – while Brunner has decided to run for U.S. Senate.

Brunner spokesman Jeff Ortega said Brunner is now waiting for direction from the court before deciding the matter.

Contact this reporter at (614)224-1624 or lbischoff@DaytonDailyNews.com.

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