Fitrakis v. Husted et al

Filing 3

MOTION for Temporary Restraining Order by Plaintiff Robert J Fitrakis. [ELECTION ISSUE(S) CITED] (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit, # 7 Attachment 1, # 8 Attachment 2, # 9 Attachment 3, # 10 Attachment 4, # 11 Attachment 5) (jcw1)

SECOND AFFIDAVIT OF ROBERT FITRAKIS

I, Robert Fitrakis, do hereby attest and affirm as follows:

I make the following declaration regarding my attempts to acquire public records concerning
of the matters set forth below, and, if called upon to do so, would testify competently thereto.

1) I am the executive director of the Columbus Institute for Contemporary Journalism. In that
capacity I serve as the publisher and editor in chief of the Columbus Free Press, a bi-monthly
newspaper and online publication. All staff of the Columbus Free Press, both paid and
volunteer, work at my direction.

2) Beginning on April 26th 2012 I directed my staff to perform public records requests as
provided for by ORC 149.43 for records pertaining to voting equipment in all 88 counties of
Ohio and the Ohio Secretary of State's office. As of October 19th 2012 all 88 Counties
complied with our requests. More than three quarters complied before May 10th 2012.

3) Beginning on October 15th, I directed my staff to begin seeking records from the office of
the Ohio Secretary of State. Chris Shea, Public Records/Corporations Counsel for that office
acknowledged the receipt of our first records request October 17th via email (see attachment
#1).

4) On October 18th 2012, Chris Shea informed my staff via email that he would not comply
with the request as it was for information and not for a specific record. (See attachment #2)

5) On October 29th 2012, my staff sent Chris Shea another public records request. This
request was very specific regarding the records requested. (See attachment #3).

6) On the afternoon of October 29th, I, in the company of my research assistant, Gerard Bello
II, went in person to the Secretary of State's office and met with Chris Shea in person to
affirm that he had received the records request and would comply.

7) On October 30th 2012, my staff received a letter via email from Chris Shea stating that he
would comply with the records request. See Attachment #4. He has not yet complied with
that request.

8) On October 31st, my staff requested a specific document, Secretary of State Contract 2013004, from the Ohio Secretary of State's office. That request was complied with on November
1st via email.

9) On November 1st 2012, my staff requested a specific document referenced by the contract
entitled Secretary of State Contract 2013-004. This document is a completed form that is an
attachment to said contract called a “statement of delivery.” Chris Shea acknowledged that
request on the same day. (See attachment #5).