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IN THE OHIO ELECTIONS COMMISSION

MARK W. MILLER : Case No. 2018G-022


:
Complainant, :
:
v. :
:
AFTAB PUREVAL, et al. :
:
Respondents. :

RESPONDENTS’ MOTION FOR PROTECTIVE ORDER

Pursuant to O.A.C. 3517-1-06, and for good cause shown, Respondents respectfully move

the Ohio Elections Commission for a Protective Order ordering that the testimonies of

Respondent Aftab Pureval and Sarah Topy, the campaign manager for Respondent Pureval’s

congressional campaign, be taken at a date after the November 1, 2018 hearing and after the

November 6, 2018 general election. The reasons for this motion are set forth in the accompanying

memorandum.

MEMORANDUM IN SUPPORT

I. Pertinent Background

Respondent Pureval is the Hamilton County Clerk of Courts and is a congressional

candidate for the 1st Congressional District of Ohio at the November 6, 2018 general election. Ms.

Topy is the campaign manager for Respondent Pureval’s congressional campaign.

On October 12, 2018, the Commission, at the Complainant’s request, issued a subpoena to

Respondent Pureval commanding Respondent Pureval’s attendance at the Commission’s

November 1 hearing. Also, on October 12, 2018, the Commission, at the Complainant’s request,

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issued a subpoena duces tecum to Ms. Topy commanding her presence at the Commission’s

November 1 hearing and commanding her to bring specified documents.

II. Request for Protective Order

Commanding the attendance of Respondent Pureval and Ms. Topy at the Commission’s

November 1, 2018 hearing in Columbus, Ohio will impose extraordinary burdens on them.

A. Respondent Pureval

Between Respondent Pureval’s duties as Clerk of Courts and his campaign responsibilities,

Respondent Pureval’s schedule for the remaining days prior to the November 6, 2018 general

election, including November 1, 2018, is filled with critical events, activities, and commitments.

For instance, on November 1, 2018, Respondent Pureval’s campaign-related schedule is filled with

events from the morning to the evening. His current schedule for the day is as follows:

• At 9:00 a.m. on November 1, 2018, Respondent Pureval is currently scheduled to visit a


worksite with plumbers and pipe-fitters located in the 1st Congressional District.
• At 10:00 a.m. on November 1, 2018, Respondent Pureval is currently scheduled to attend
Prospect House’s GOTV Souls to the Polls event.
• At 12:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled to attend
a lunch event with supporters in Mason, Ohio.
• At 2:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled to visit the
Bond Hill Community Center in Cincinnati, Ohio.
• At 3:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled for call
time.
• At 4:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled to attend
an early vote rally at a county board of elections in the 1st Congressional District.
• At 5:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled to attend
an event at Carol’s Carousel in Cincinnati, Ohio.
• At 6:00 p.m. on November 1, 2018, Respondent Pureval is currently scheduled to attend
the 2018 Hispanic Chamber of Commerce Gala in Cincinnati, Ohio.

Many of these events cannot be rescheduled to a later time.

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In light of Respondent Pureval’s rigorous Clerk and campaign schedule in the remaining

days before the November 6, 2018 election, it would be extraordinarily burdensome for him to

spend any amount of time during this period preparing to give testimony and traveling from

Cincinnati, Ohio to attend the Commission’s hearing in Columbus, Ohio. For November 1, which

is a mere five days before the election, attending the Commission’s haring would require

Respondent Pureval to cancel all the campaign events and activities he has planned for the day and

to make himself unavailable for any Clerk-related issues or emergencies that may arise.

B. Ms. Topy

As the campaign manager for Respondent Pureval’s congressional campaign, Ms. Topy’s

work schedule for the remaining days prior to the November 6, 2018 general election, including

November 1, 2018, is filled with important events, activities, and commitments. For instance, on

November 1, 2018, Ms. Topy’s schedule is filled with campaign-related events and activities.

Aside from being generally available to manage the activities of the campaign, Ms. Topy’s current

work schedule for November 1 is as follows:

• At 9:00 a.m. on November 1, 2018, Ms. Topy is currently scheduled to attend a scheduling
meeting that will occur in the 1st Congressional District.
• At 9:30 a.m. on November 1, 2018, Ms. Topy is currently scheduled to attend a GOTV
meeting that will occur in the 1st Congressional District.
• At 10:30 a.m., Ms. Topy is currently scheduled to attend an election day planning session
that will occur in the 1st Congressional District.
• At 12:00 p.m., Ms. Topy is currently scheduled to attend a lunch event with campaign
supporters in Mason, Ohio.
• At 1:00 p.m., Ms. Topy is currently scheduled for a call with a campaign consultant.
• At 2:00 p.m., Ms. Topy is currently scheduled to attend a campaign budget meeting that
will occur in the 1st Congressional District.

Many of these events and activities cannot be rescheduled to a later time.

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In light of Ms. Topy’s rigorous schedule for her job in the remaining days before the

November 6, 2018 election, it would be extraordinarily burdensome for her to spend any amount

of time during this period looking for the documents requested by the Complainant in his subpoena

duces tecum, preparing to give testimony, and traveling from Cincinnati, Ohio to attend the

Commission’s hearing in Columbus, Ohio. To attend the Commission’s hearing on November 1,

which is a mere five days before the election, it would require Ms. Topy to cancel the meetings

and activities she has scheduled for her job and to further make herself unavailable for any work-

related issues or emergencies that may arise.

III. Conclusion

For the foregoing reasons, Respondents respectfully move the Commission for a Protective

Order ordering that the testimonies of Respondent Aftab Pureval and Sarah Topy be taken at a date

after the November 1, 2018 hearing and after the November 6, 2018 general election.

Respectfully submitted,

/s/ Donald J. McTigue____________


Donald J. McTigue (0022849)
Derek S. Clinger (0092075)
McTigue & Colombo LLC
545 E. Town St.
Columbus, Ohio 43215
Tel: 614-263-7000
Fax: 614-263-7078
dmctigue@electionlawgroup.com
dclinger@electionlawgroup.com

Peter J. O’Shea (0086560)


Katz Teller Brant & Hild
225 East Fifth Street, Suite 2400
Cincinnati, Ohio 45202
Tel: 513-977-3477
Fax: 513-762-0077
poshea@katzteller.com

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Brian G. Svoboda*
David Lazarus*
*admitted pro hac vice
Perkins Coie
700 Thirteenth Street, N.W., Suite 600
Washington, D.C. 20005
Tel: 202-654-6200
Fax: 202-654-6211
bsvoboda@perkinscoie.com
dlazarus@perkinscoie.com

Counsel for Respondents

CERTIFICATE OF SERVICE

I hereby certify that on October 25, 2018, a copy of the foregoing was sent via electronic
mail to the following:

Brian C. Shrive, brian@finneylawfirm.com

Counsel for Complainant

/s/ Donald J. McTigue____________


Donald J. McTigue (0022849)