OHIO ELECTIONS COMMISSION

21 West Broad Street

Suite 600

Columbus, Ohio

13 April 2015

Petitioner: Emery Paul Phipps Jr.

VERIFIED ELECTION COMPLAINT

I, Emery P. Phipps Jr. and (sometimes hereinafter the Petitioner), hereby file this

complaint with the Ohio Elections Commission. I am a resident of Huber Heights, Ohio.

I am alleging violations of Ohio Revised Code Sections 3517.10(A)(2),

3517.10(A)(3), and 3517.10 (C)(2) and 3517.10 (B) (4) as stated in more detail below

against the Ballot Issue Committee “Citizen’s for a Better Huber Heights” (hereinafter

“Huber Citizen’s”).

The address and phone numbers of the parties are, to the best of my knowledge

and as indicated by their Committee’s Designation of Treasurer, and Election materials,

are as follows:

Emery P. Phipps Jr.: 7745 Redbank Lane

Petitioner Huber Heights, Ohio 45424

(937) 286-5645

Larry Gard 6161 Chambersburg Rd.

Citizen’s for a Better Huber Heights Huber Heights, Ohio 45424

Treasurer 2014 Campaign (937) 233-1503

Mike Seibert: 2597 Blue Flag St.

Citizens for a Better Huber Heights Tipp City, Ohio 45371

Treasurer 2015 Campaign (937) 609-5269

Ed Lyons 8170 Chambersburg Rd.

Citizens for a Better Huber Heights Huber Heights, Ohio 45424

Director 2014 and 2015 Campaigns (937) 237-8282

Addressing 3517.10 (A) (2) and 3517.10 (A) (3)

The Ballot Issue Committee, Citizen’s for a Better Huber Heights (“Huber

Citizens”) was active in the City of Huber Heights for ballot issue #19 in Montgomery

County, Ohio during the 2014 election cycle, specifically the November 4, 2014 general

election and is currently working to pass another ballot issue in the City of Huber Heights

on the May 5, 2015 ballot as Issue #13. On past election materials and campaign finance

reports, the treasurer of this committee was listed as a Mr. Larry Gard. Mr. Gard signed

finance reports as the treasurer for this committee when their address was 6161

Chambersburg Rd., Huber Heights, Ohio 45424 during the 2014 cycle and his last

finance report was submitted to the Montgomery County Board of Elections on October

24, 2014 and was submitted as their Pre-General 2014 report. On March 20, 2015 Mr.

Mike Seibert was appointed Treasurer of this Ballot Issue Committee. Both Designation

of Treasurer forms are attached. (Exhibits A and B)

No reports have been submitted to the Montgomery County Board of Elections

since that date, October 24, 2014 and their Pre-General filing. This has been confirmed

with the Campaign Finance Department of the Montgomery County Board of Elections

via email correspondence (Exhibit C).

During the 2014 Election Cycle, Huber Citizen’s did make numerous

expenditures and did make attempts to influence the November 4, 2014 election. These

attempts included the distribution of yard signs (Exhibit D), the distribution of direct mail

(Exhibit E), a website hosted by GoDaddy that is not mentioned in any expenditures

(Exhibit F), as well as other expenditures detailed in their own record, provided to

members of their committee (Exhibit G). As their own record shows these expenditures

were in excess of $1000.00 during these periods.

I believe their lack of filing of their Post-General 2014 Campaign Finance Report

as well as their 2014 Annual Finance report are violations of both O.R.C. 3517.10 (A) (2)

and 3517.10 (A) (3).

Addressing 3517.10 (C) (2)

In an email sent out to committee members of the Citizen’s for a Better Huber

Heights on November 18, 2014, there is an attachment of a Microsoft Excel Spreadsheet

described as a “balance sheet” by a Mr. Ed Lyons who is a member and apparent

chairman of that committee as well as a member of the Huber Heights City Council.

(Exhibit G) On that balance sheet, the row titled “donations” has a set of double asterisks

that read “names available with release from donor”. In effect ‘anonymous’ donations.

I believe that this statement, coupled with this committee not filing finance reports

disclosing the names of the donors as described above, and their going as far as not

disclosing those names to members of their own committee is a violation of O.R.C.

3517.10 (C) (2).

Addressing 3517.10 (B) (4)

The Citizen’s for a Better Huber Heights Ballot Issue Committee has had a website in

operation since the 2014 election cycle. If one searches the domain registration, it was

purchased on September 10, 2014 by Mr. Ed Lyons. (Exhibit H) That website was

purchased between the committees filing of their semi-annual 2014 report and their last

filed report (Exhibit I and J) and was used and is being used to promote their ballot issue

yet it has never been reported as being purchased and contributed to the committee as an

in-kind donation in accordance with the Ohio Revised Code’s definition and requirement

of the reporting of said donation.

I believe this purchase and use of the web domain as well as the hosting which is an

added expense being purchased and not being listed as an in-kind contribution, is a

violation of O.R.C. 3517.10 (B) (4).

For more than six months this committee and its leadership has continued to operate

without any means of accountability to taxpayers. They continue to spend funds to

influence the May 5, 2015 election which includes their ballot Issue #13. The most

recent mailer was received by voters on April 7, 2015. (Exhibit K)

I ask that the Ohio Election Commission act swiftly to force this committee to correct

these deficiencies and take appropriate and swift legal action in light of the closeness of

the election in which their issue is to be on the ballot before taxpayers.

Signed and sworn before a Notary Public:

__________________________________

PETITIONER EMERY P. PHIPPS JR.

Emery Phipps-Exhibit A

Emery Phipps-Exhibit B

Emery Phipps-Exhibit C

Emery Phipps-Exhibit D

Emery Phipps-Exhibit E

Emery Phipps-Exhibit F

Emery Phipps-Exhibit G Page 1 of 2

Emery Phipps-Exhibit G Page 2 of 2

Emery Phipps-Exhibit H

Emery Phipps-Exhibit I Page 1 of 2

Emery Phipps-Exhibit I Page 2 of 2

Emery Phipps-Exhibit J Page 1 of 3

Emery Phipps-Exhibit J Page 2 of 3

Emery Phipps-Exhibit J Page 3 of 3

Emery Phipps-Exhibit K