case: 2:13-cv-00953-mhw-tpk doc #: 237-4 filed: 09/26/14 … · 2014. 9. 29. · case:...

Realtime - Videoconferencing - Trial Presentation - VideoSpectrum Reporting LLC

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION - - - - - Libertarian Party of : Ohio, et al., : Plaintiffs, : vs. : Jon Husted, in his Official Capacity as : Ohio Secretary of Case No. 2:13-cv-00953 State, : Judge Watson Magistrate Judge Kemp Defendants. : and : State of Ohio, et al, : Intervenor- : Defendants. - - - - - DEPOSITION OF WILLIAM PAUL DeMORA - - - - - Taken at Zeiger, Tigges & Little LLP 41 South High Street, Ste. 3500 Columbus, OH 43215-6103 September 25, 2014, 1:00 p.m. - - - - - Spectrum Reporting LLC 333 Stewart Avenue, Columbus, Ohio 43206 614-444-1000 or 800-635-9071 www.spectrumreporting.com - - - - -

Case: 2:13-cv-00953-MHW-TPK Doc #: 237-4 Filed: 09/26/14 Page: 1 of 47 PAGEID #: 6089


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1 A P P E A R A N C E S 2 ON BEHALF OF DEFENDANT: 3 Attorney General's Office 4 Constitutional Offices Section 30 East Broad Street, 16th Fl. 5 Columbus, OH 43215-3428 By Bridget Coontz, Esq. 6 7 ON BEHALF OF INTERVENING DEFENDANT GREGORY FELSOCI: 8 Zeiger, Tigges & Little LLP 9 41 South High Street, Ste. 3500 Columbus, OH 43215-610310 By Steven W. Tigges, Esq. 11 ON BEHALF OF WITNESS:12 McTigue & McGinnis LLC13 545 East Town Street Columbus, OH 43215-480114 By J. Corey Colombo, Esq. 15 16 17 18 19 20 21 22 23 24



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1 Thursday Afternoon Session 2 September 25, 2014, 1:00 p.m. 3 - - - - - 4 S T I P U L A T I O N S 5 - - - - - 6 It is stipulated by counsel in attendance that 7 the deposition of William Paul DeMora, a witness 8 herein, called by the Defendants for 9 cross-examination, may be taken at this time by 10 the notary pursuant to notice and subsequent 11 agreement of counsel that said deposition may be 12 reduced to writing in stenotypy by the notary, 13 whose notes may thereafter be transcribed out of 14 the presence of the witness; that proof of the 15 official character and qualification of the notary 16 is waived. 17 - - - - - 18 19 20 21 22 23 24



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1 I N D E X 2 Examination By Page 3 Mr. Tigges - Cross 5 4 5 6 Deposition Exhibits Page 7 Exhibit 1 - Campaign Finance Disclosure 12 8 Exhibit 2 - Check 203270 to Ohioans For Liberty from the Ohio Education 9 Association 14 10 Exhibit 3 - E-mail to Armstrong from Lemmons, 2-26-14 1511 Exhibit 4 - Check to Ohioans For Liberty from12 The Strategy Network 19 13 Exhibit 5 - Check 1003 to Ohioans For Liberty from The Strategy Network 1914 Exhibit 6 - Form 14 dated 1-29-14 2715 Exhibit 7 - Fifth Third Bank Confirmation16 Required to Stop Payment 31 17 18 19 20 21 22 (Original exhibits returned to Mr. Tigges.) 23 24



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1 WILLIAM PAUL DeMORA 2 being first duly sworn, testifies and says as 3 follows: 4 CROSS-EXAMINATION 5 BY MR. TIGGES: 6 Q. Good afternoon, Mr. DeMora. Could you 7 state your full name for us for the record, 8 please. 9 A. William P. DeMora. Paul is what "P" 10 stands for. 11 Q. Where do you live? 12 A. 100 Warren Street, 43215. 13 Q. That's Columbus? 14 A. Yeah. That's the Short North. 15 Q. Are you employed? 16 A. Yes. 17 Q. Where are you employed, sir? 18 A. The DeMora Group. 19 Q. What is your business address? 20 A. Same. 21 Q. Okay. 22 A. 100 Warren Street. 23 Q. What is the business of The DeMora 24 Group?



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1 A. Consulting. 2 Q. Consulting in what respect? 3 A. Consulting for all kind of things. 4 Q. Like what? 5 A. Campaigns, private clients. 6 Q. Is the DeMora group engaged in 7 political consulting? 8 A. Sometimes. 9 Q. Any other kind? 10 A. I mean, I consult, you know, on 11 different things for different people. 12 Q. Do you provide consulting services for 13 the Ohio Democratic Party? 14 A. Yes. 15 Q. And for how long has that been the 16 case? 17 A. I don't -- we'll say five, six -- get 18 my years straight. Five or six years. 19 Q. Are you the owner of The DeMora Group? 20 A. Yes. 21 Q. That makes sense, doesn't it? How long 22 have you had the company? 23 A. Ten, twelve years. 24 Q. What did you do before that?



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1 A. I was the executive director of the 2 Ohio League of Conservation Voters. 3 Q. What years were that? 4 A. 2003 through 2008. I think that's what 5 it was. 6 Q. And prior to that what did you do? 7 A. Prior to that what did I do? I was 8 unemployed for a year; 2002. Well, I don't know. 9 Before that I was -- I worked on Lee Fisher's 10 campaigns. 11 Q. You were also the executive director of 12 the Ohio Democratic Party? 13 A. I was. 14 Q. When was that? 15 A. '99 through 2002. 16 Q. And prior to that you were the 17 president of the Ohio Young Democrats? 18 A. That's an organization. It's not a 19 paying position. 20 Q. I understand. 21 A. I was, yes. 22 Q. Do you have a party affiliation? 23 A. I'm a Democrat. 24 Q. Now, you're here today on behalf of



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1 Ohioans For Liberty, Inc.; is that correct? 2 A. I believe so, yes. 3 Q. Did you bring any documents with you 4 today? 5 A. I don't have any documents. 6 Q. You were subpoenaed to bring documents 7 with you. Did you or your lawyer bring some? 8 MR. COLOMBO: We did, yes. 9 MR. TIGGES: Could I see what you 10 brought with you, please? 11 MR. COLOMBO: Yeah. 12 MR. TIGGES: This is everything? 13 MR. COLOMBO: Yes. Just so you know, 14 because we were at the hearing, you should have 15 all those documents except there's an additional 16 check that's been put in there. 17 MR. TIGGES: Oh, okay. This I've seen 18 before, although this is certainly a better copy. 19 I'm going to step out and have somebody 20 make copies. 21 MR. COLOMBO: Actually those copies are 22 for you. 23 MR. TIGGES: I know, but I want to have 24 copies for the deposition. Off the record.



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1 (There was a recess taken.) 2 MR. TIGGES: Back on the record. 3 Q. Mr. DeMora, do you hold a position with 4 Strategies Unlimited? 5 A. Yes. 6 Q. What is your position there? 7 A. I work for them, too. 8 Q. What is the business of Strategies 9 UnLimited? 10 A. Consulting. 11 Q. What kind of consulting? 12 A. All kinds of consulting. 13 Q. The same as The DeMora Group? 14 A. I don't know all the interests of the 15 Strategies Group, but I do consulting for them. 16 Q. Political consulting? 17 A. Yes. 18 Q. For the Ohio Democratic Party? 19 A. Yeah. 20 Q. Do you hold an office with Ohioans For 21 Liberty? 22 A. "Hold an office." What does that mean? 23 Q. Do you have a position with Ohioans For 24 Liberty?



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1 A. Yeah. I started it. 2 Q. And do you have a job title? Are you 3 president, CEO? 4 THE WITNESS: What am I? 5 MR. COLOMBO: Well, just answer the 6 best -- I mean -- 7 A. I don't know. I'm the -- I founded it. 8 I started it. I don't know what else -- I don't 9 have a title. I don't hold a title that I know 10 of. 11 Q. Okay. When did you start Ohioans For 12 Liberty? 13 A. I don't know if it was 2010 or 2008 or 14 2012. I don't know. All the even numbered years 15 run together. 16 Q. Okay. What is Ohioans For Liberty? 17 A. It's a 501(c)(4). A 501(c)(4) is what 18 it is. 19 Q. Not-for-profit corporation? 20 A. Yeah. 21 Q. And what is the nature of its business? 22 A. To inform citizens about their choices. 23 Q. Choices in what regard? 24 A. Inform them of issues and candidates



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1 and that sort of thing. 2 Q. What is the source of Ohioans For 3 Liberty's funding? 4 A. I think that was the stuff that he just 5 gave you, the stuff I saw yesterday. I don't 6 remember -- 7 THE WITNESS: What was the stuff from 8 yesterday? 9 MR. COLOMBO: Do you want to wait till 10 the paper -- your assistant comes back with those 11 documents? 12 MR. TIGGES: Yeah, when they bring them 13 back I can use those. 14 Q. Does Ohioans For Liberty obtain its 15 funding from contributions from others? 16 A. Yes. 17 Q. Okay. And do you recall who the 18 contributors have been to Ohioans For Liberty? 19 A. I think the check I saw yesterday was 20 from the Ohio Democratic Party. I forget what 21 year it was from. And then I saw another one 22 yesterday. 23 THE WITNESS: And what was that from 24 yesterday, the other one?



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1 Q. The Ohio Education Association. 2 A. Okay. OEA. Yeah. That's true. 3 Q. Has Ohioans For Liberty received any 4 funding contributions from anyone other than the 5 Ohio Democratic Party or the Ohio Education 6 Association? 7 A. You have to look at those documents. I 8 don't know. I'm not the keeper of the books. 9 Q. Who is? 10 A. McTigue & McGinnis. 11 Q. How much money has the Ohio Democratic 12 Party contributed to Ohioans For Liberty? 13 A. I honestly have no idea. 14 Q. What about the OEA? Do you recall how 15 much they've contributed? 16 A. Like 5 or 6,000, if I'm not mistaken. 17 Q. Has Ohioans For Liberty also received 18 contributions from the -- let me do it this way. 19 MR. TIGGES: Why don't you mark this, 20 Reva, as an exhibit. 21 - - - - - 22 Thereupon, Deposition Exhibit 1 is marked 23 for purposes of identification. 24 - - - - -



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1 Q. Mr. DeMora, let me hand you Exhibit 1 2 and review that and let me know when you've had an 3 opportunity to do so. 4 A. Okay. 5 Q. This is part of a Campaign Finance 6 Disclosure report filed with the Ohio Secretary of 7 State showing that as of the date of this report, 8 Ohioans For Liberty had two funding sources, the 9 Ohio Democratic Party, and do you recognize the 10 name of the second contributor? 11 A. I do. 12 Q. What is that? 13 A. OAPSE AFSCME. 14 Q. And what is that? 15 A. It's a union. 16 Q. Okay. And that's their political 17 action committee that made this contribution? 18 A. I assume so. That's what it says. I 19 don't know their financial structure. 20 Q. And you said that there's also been a 21 contribution by the Ohio Education Association, 22 correct? 23 A. Yeah. I saw one yesterday. 24 - - - - -



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1 Thereupon, Deposition Exhibit 2 is marked 2 for purposes of identification. 3 - - - - - 4 Q. I'm going to hand you what's marked as 5 Exhibit 2. Do you recognize Exhibit 2? 6 A. I saw it yesterday for the first time. 7 Q. And this is a check from the Ohio 8 Education Association to Ohioans For Liberty? 9 A. That's what it looks like, yes. 10 Q. For $6,000, correct? 11 A. That's what it says. 12 Q. Has Ohioans For Liberty received any 13 contributions other than the ones that are shown 14 by Exhibits 1 and 2? 15 A. I wouldn't know that. 16 Q. Who would? 17 A. McTigue & McGinnis. 18 Q. To your knowledge, as far as you know, 19 are the contributions shown on Exhibits 1 and 2 20 the only funding sources that Ohioans For Liberty 21 has had? 22 A. As far as I know. I didn't even know 23 about the first one until two minutes ago. 24 Q. When you say, "the first one,"



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1 which -- 2 A. The first one listed here. I didn't 3 realize that had happened. 4 Q. You did not know that the Ohio 5 Democratic Party -- 6 A. No, not that one, the other one. 7 Q. Which "first one"? 8 A. According to chronological order, the 9 first one. 10 Q. When you say, "the first one," what are 11 you referring to? 12 A. OAPSE AFSCME. 13 Q. Oh, I see. All right. And the Ohio 14 Democratic Party contributed $828,000 to Ohioans 15 For Liberty in 2012, correct? 16 A. That's what it says. I'm assuming the 17 report's correct. 18 Q. Okay. You have no reason to doubt the 19 accuracy of that report, do you? 20 A. No. 21 - - - - - 22 Thereupon, Deposition Exhibit 3 is marked 23 for purposes of identification. 24 - - - - -



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1 Q. If you could look at Exhibit 3, sir, 2 and let me know once you've had an opportunity to 3 do so, please. 4 A. Okay. 5 Q. Do you recognize Exhibit 3? 6 A. I saw it yesterday. I'm still not sure 7 exactly what it is, but I saw it yesterday. 8 Q. Saw it where? 9 A. At my attorney's office. 10 Q. Who did you meet with yesterday? 11 A. My attorneys. 12 Q. Who in particular? 13 MR. COLOMBO: I just would object on 14 attorney-client privilege, but you can answer. 15 Q. Go ahead. 16 A. With him. 17 Q. Mr. Colombo? 18 A. Yes. 19 Q. Anybody else? 20 A. I think Don McTigue stepped in to say 21 hello. 22 Q. Sure. Anybody else? 23 A. No. 24 Q. And you understand Exhibit 3 to be a



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1 record of a bank transfer from the Ohio Democratic 2 Party to Ohioans For Liberty? 3 A. If that's what that is. I don't really 4 know what this looks like, but if you say that's 5 what it is. 6 Q. Okay. But the Ohio Democratic Party 7 did in fact contribute $828,000 to Ohioans For 8 Liberty, correct? 9 A. I guess it did. 10 Q. For what purpose? 11 A. Making a donation. 12 Q. For what reason, do you know? 13 A. I don't know. It was several years 14 ago. I don't remember. 15 Q. Did you have any discussion with anyone 16 at the Ohio Democratic Party about it donating 17 $828,000 to Ohioans For Liberty? 18 A. A couple years ago? No, I don't 19 remember having any conversation. 20 Q. Did Ohioans For Liberty play any role 21 in assisting in obtaining petition signatures for 22 the candidacy of Charlie Earl in 2014? 23 MR. COLOMBO: Could you rephrase that 24 question?



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1 MR. TIGGES: Why? 2 MR. COLOMBO: Just because -- I guess 3 we can look at the screen. 4 Q. My question is whether Ohioans For 5 Liberty had -- 6 A. Obtaining signatures? I don't believe 7 we had any signatures. 8 Q. I didn't ask that. I said any role in 9 anybody collecting any signatures for Mr. Earl. 10 A. I wrote -- I think Ohioans For Liberty 11 wrote a check. 12 Q. To who? 13 THE WITNESS: What's the name of 14 that company? I don't -- what's the name of the 15 company? 16 MR. COLOMBO: The Strategy Network. 17 THE WITNESS: What was it? 18 MR. COLOMBO: The Strategy Network. 19 A. The Strategy Network. Okay. 20 Q. How many checks did Ohioans For Liberty 21 write to The Strategy Network for the purpose of 22 collecting signatures for Mr. Earl? 23 A. I honestly don't know. 24 Q. Did you bring those checks with you



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1 today or copies of them? 2 MR. COLOMBO: Yes. Those were provided 3 to you. 4 - - - - - 5 Thereupon, Deposition Exhibits 4 and 5 are 6 marked for purposes of identification. 7 - - - - - 8 Q. I'm going to hand you what's marked as 9 Exhibits 4 and 5, sir. 10 MR. TIGGES: This is 4. 11 MR. COLOMBO: Thank you. 12 MR. TIGGES: 5. 13 MS. COONTZ: Thanks. 14 Q. Have you had a chance to look at 15 Exhibits 4 and 5, Mr. DeMora? 16 A. Yes. 17 Q. Exhibit 4 is a check from Ohioans For 18 Liberty to The Strategy Network dated January 28, 19 2014, for $12,000, correct? 20 A. That's what it appears to be, yes. 21 Q. And what was the purpose of this check? 22 A. I'm assuming that we wrote a check for 23 them because -- I don't know. We wrote a check 24 for them.



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1 Q. Why? 2 A. Because I was -- they were getting 3 signatures, I think. 4 Q. For Mr. Earl? 5 A. I don't know who they were getting 6 signatures for. I don't remember each candidate's 7 name. 8 Q. Well, what was the purpose of this 9 check, the one marked as Exhibit 4? 10 A. I'm assuming it was to pay them. 11 Q. For collecting signatures? 12 A. For -- I guess we owed them money, so I 13 paid them. 14 Q. For collecting signatures for Mr. Earl? 15 A. I -- all I do is authorize checks. I 16 don't -- you know, I don't write the checks. I 17 don't -- you know, all I did was say -- they said 18 can we write a check, and I said yes. 19 Q. Who said write a check? 20 A. McTigue & McGinnis. 21 Q. And you knew who the check was being 22 written to? 23 A. The Strategy Network is what it says. 24 I don't know exactly who The Strategy Network is.



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1 I can't remember people's names. There's so many 2 groups I can't keep them all straight. 3 Q. Do you know Ian James? 4 A. I know who he is. 5 Q. Do you know whether he's affiliated 6 with The Strategy Network? 7 THE WITNESS: Is that Ian's company? 8 MR. COLOMBO: Yes. 9 A. I guess it's Ian's company. 10 Q. Did you understand that The Strategy 11 Network was involved in gathering signatures for 12 the candidacy of Mr. Earl? 13 A. They were collecting signatures. You 14 keep saying Mr. Earl. I'm not exactly sure who 15 Mr. Earl was. 16 Q. Did you know that The Strategy Network 17 was involved in collecting signatures for the 18 Libertarian candidates? 19 A. I think that's the case, yes. 20 Q. And then was that the purpose of 21 writing the check marked as Exhibit 4 to The 22 Strategy Network? 23 A. I didn't write the check, so you'd have 24 to ask the person that did it.



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1 Q. But you authorized it, correct? 2 A. I said they could spend the money, 3 yeah. 4 Q. Did you understand what they were 5 spending the money for when you authorized this 6 check? 7 A. Possibly. 8 Q. And what did you understand? 9 A. I think they were collecting 10 signatures. 11 Q. For Libertarian candidates? 12 A. Okay. I guess so. 13 Q. Okay. Look at Exhibit 5. That's 14 another check from Ohioans For Liberty to The 15 Strategy Network dated February 3, 2014, for 16 $6,000, correct? 17 A. If that says six. I can't really read 18 that amount. 19 Q. I think if you look at the narrative on 20 the next line you can see the six. 21 A. Okay. 6,000, okay. 22 Q. And did you authorize the check marked 23 as Exhibit 5? 24 A. I think I did originally.



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1 Q. What do you mean "originally"? 2 A. Okay. I think I did originally. I'm 3 sure I did. 4 Q. And who did you authorize to write this 5 check? 6 A. McTigue & McGinnis. 7 Q. And what was your understanding at the 8 time you authorized this check marked as Exhibit 5 9 as for why it was being paid to The Strategy 10 Network? 11 A. Probably for petition gathering. 12 Q. For Libertarian candidates? 13 A. Probably. 14 Q. Why was Ohioans For Liberty providing 15 funding for someone to collect signatures for 16 Libertarian candidates? 17 A. Because it's perfectly acceptable. 18 Q. I didn't say it wasn't. I just asked 19 why was it happening. Why did Ohioans For Liberty 20 provide funding to assist in collecting signatures 21 for Libertarian candidates? 22 A. Because voters need a choice. 23 Q. What type of a choice did you want the 24 voters to have?



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1 A. A better choice. 2 Q. Better choice than what? 3 A. Than the other candidates. 4 Q. Who were the other candidates that the 5 voters would choose among? 6 A. Ed Fitzgerald and John Kasich. 7 Q. And you wanted voters to have other 8 choices aside from Mr. Kasich and Mr. Fitzgerald? 9 A. Yes. 10 Q. Why? 11 A. Because it's America. 12 Q. Any other reason? 13 A. No. 14 Q. Was it part of your thought -- thinking 15 that a Libertarian candidate for governor would 16 draw votes away from Mr. Kasich? 17 A. I don't know. 18 Q. I asked if that was part of your 19 thinking. You don't know? 20 A. No. 21 Q. Did you anticipate that a Libertarian 22 candidate would draw votes away from 23 Mr. Fitzgerald? 24 A. Probably. Could be. Who knows who



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1 people vote for if they give them a chance. 2 Q. And so how a Libertarian candidate 3 would affect a governor's race was not part of the 4 reason why you spend $18,000 on collecting 5 signatures for Libertarians, correct? 6 A. Correct. People need a choice. 7 Q. Aside from the payments that Ohioans 8 For Liberty paid to The Strategy Network, did 9 Ohioans For Liberty provide funding to anyone else 10 to collect signatures for any other candidates? 11 A. I don't know. 12 Q. As far as you know, the only funds that 13 Ohioans For Liberty spent to collect signatures 14 for candidates were the ones paid to The Strategy 15 Network to collect signatures for Libertarians; is 16 that right? 17 A. Possibly. 18 Q. You say, "possibly." Either it's right 19 or it's not right. 20 A. I don't know. I don't run the 21 day-to-day thing. 22 Q. Who runs Ohioans For Liberty on a 23 day-to-day basis? 24 A. My attorneys do.



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1 Q. Mr. McTigue and his colleagues? 2 A. Yes. 3 Q. And what does Ohioans For Liberty do on 4 a day-to-day basis? 5 A. Not much. 6 Q. Are you the person in charge of Ohioans 7 For Liberty ultimately? 8 A. Ultimately probably I am, yeah. 9 Q. And does Mr. McTigue and his law firm 10 keep you apprised of Ohioans for Liberty's 11 activities? 12 A. They do. 13 Q. And seek your authorization before they 14 take action on behalf of Ohioans For Liberty? 15 A. I'm sure they do. 16 Q. Okay. And did you discuss with anyone 17 outside of Mr. McTigue or his colleagues at the 18 law firm of Ohioans For Liberty providing 19 financing to The Strategy Network? 20 A. No. 21 Q. Did you talk with anyone at the 22 Democratic party? 23 A. No. 24 Q. Did you speak with Mr. Redfern?



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1 A. No. 2 Q. What about Mr. Greathouse? 3 A. No. 4 Q. Did you have any e-mail communications 5 with anyone at the Ohio Democratic Party about 6 providing funding to The Strategy Network? 7 A. Not that I'm aware of. I mean, I send 8 thousands of e-mails a day. I have no idea; 9 remembering ones from several months ago. 10 - - - - - 11 Thereupon, Deposition Exhibit 6 is marked 12 for purposes of identification. 13 - - - - - 14 Q. I'm going to hand you what's marked as 15 Exhibit 6, sir. Let me know once you've had a 16 chance to review that, please. 17 A. Okay. 18 Q. Do you recognize Exhibit 6 as a set of 19 Form 14's that Ohioans For Liberty filed in 20 January of 2014? 21 A. I saw these yesterday at my attorney's 22 office. 23 Q. Was yesterday the first time you were 24 aware that these had been filed by Ohioans For



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1 Liberty with the Secretary of State's office? 2 A. First time I've seen them. 3 Q. Were you aware of them prior to 4 actually seeing them? 5 A. I don't recall, no. 6 Q. Prior to Ohioans For Liberty filing 7 these forms with the Secretary of State's office 8 on January 29, 2014, were you made aware that 9 Ohioans For Liberty was going to be providing 10 compensation in connection with collecting 11 signatures for these Libertarian candidates? 12 A. Let me read what you're saying. Hold 13 on a minute. 14 I knew we were paying somebody to get 15 signatures, yes. 16 Q. For Libertarian candidates? 17 A. Okay. Yes. 18 Q. Even though you did not know the names 19 of the individual candidates, correct? 20 A. That's correct. I think they're on 21 these pieces of paper, but I don't -- just looking 22 at them, it's the first time I realized who's who. 23 Q. Have you ever met Charles Earl? 24 A. No.



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1 Q. Do you know anything about him? 2 A. No. 3 Q. Why did you want voters to have a 4 choice of someone that you never met and knew 5 nothing about? 6 A. Because the more choices the better. 7 Q. Would the same be true of Sherry Clark? 8 A. I'm assuming she's running for 9 lieutenant governor. 10 Q. Yes. She's shown on the second page of 11 Exhibit 6. Have your met her? 12 A. No. 13 Q. Do you know anything about her? 14 A. No. 15 Q. Do you know anything about her stance 16 on legalization of marijuana and other drugs? 17 A. No. I have no problem with the 18 legalization of marijuana, though. 19 Q. Why did you want voters to have a 20 choice of Ms. Clark? 21 A. Well, I mean, normally you don't have a 22 choice for lieutenant governor. You're stuck with 23 whoever they choose. 24 Q. So your interest was in having a choice



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1 of a gubernatorial candidate, Mr. Earl? 2 A. Yes. 3 Q. All right. Do you know Aaron Keith 4 Harris? 5 A. No. 6 Q. Do you know anything about him? 7 A. No. 8 Q. Do you know Robert Coogan? 9 A. No. 10 Q. Or anything about him? 11 A. No. 12 Q. Do you know Marc Allan Feldman? 13 A. No. 14 Q. Or anything about him? 15 A. No. 16 Q. Do you know James Winnett? 17 A. James Winnett? Yeah. I do know him. 18 He used to work at the party several years ago. 19 Q. You mean the Ohio Democratic Party? 20 A. Yes. I think he was in charge of LBGT 21 outreach. 22 Q. And do you know that he presently works 23 for The Strategy Network? 24 A. No.



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1 Q. Did you have any discussions with 2 Mr. Winnett about Ohioans For Liberty providing 3 funding for the collection of signatures for 4 Libertarian candidates? 5 A. No. I haven't seen him for several 6 years; didn't even know he was in town. 7 Q. He was here yesterday. 8 A. Okay. I thought he moved to D.C., but 9 I can't keep track of everybody. 10 Q. No. He's here. 11 - - - - - 12 Thereupon, Deposition Exhibit 7 is marked 13 for purposes of identification. 14 - - - - - 15 Q. Let me hand you what's been marked as 16 Exhibit 7, sir. Exhibit 7 appears to be a bank 17 confirmation to stop payment on a check, correct? 18 A. That's what it says. 19 Q. And it's to stop payment on the check 20 that's previously been marked as Exhibit 5. 21 A. I guess so. 22 Q. Why was payment stopped on that check? 23 A. I'm not sure. Why did we stop payment? 24 MR. COLOMBO: Well, he needs answers



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1 from you. If you don't know, that's fine. You 2 can tell him you don't know. 3 A. I'm not -- I don't remember. 4 Q. So the only check that Ohioans For 5 Liberty actually paid to Strategy Network and that 6 Strategy Network cashed would be the one marked as 7 Exhibit 4 for $12,000, correct? 8 A. I assume so. 9 Q. You're not aware of any others aside 10 from 4 and 5, are you? 11 A. Not that I'm aware of. 12 Q. And we know that payment was stopped on 13 Check 1003 marked as Exhibit 5, right? 14 A. That's what it says. 15 Q. Okay. Now, in terms of the 16 money -- let me start over. 17 In terms of the source of the monies 18 that Ohioans For Liberty paid to Strategy Network, 19 that came from one of your three donors, either 20 the Ohio Democratic Party, AFSCME, or OEA, 21 correct? 22 A. Those are the only donors to the 23 organization. I'm assuming money has to come from 24 one of the three.



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1 Q. Right. There is no other alternative, 2 correct? 3 A. I assume so. 4 MR. TIGGES: I don't have anything 5 further. Do you, Bridget? 6 MS. COONTZ: I do not. 7 (Signature not waived.) 8 - - - - - 9 Thereupon, the foregoing proceedings 10 concluded at 1:32 p.m. 11 - - - - - 12 13 14 15 16 17 18 19 20 21 22 23 24



1 State of Ohio : C E R T I F I C A T E County of Franklin: SS 2 I, Reva Chafin Mundy, a Notary Public in and 3 for the State of Ohio, certify that William Paul DeMora was by me duly sworn to testify to the whole 4 truth in the cause aforesaid; testimony then given was reduced to stenotype in the presence of said 5 witness, afterwards transcribed by me; the foregoing is a true record of the testimony so 6 given; and this deposition was taken at the time and place specified on the title page. 7 Pursuant to Rule 30(e) of the Federal Rules of 8 Civil Procedure, the witness and/or the parties have not waived review of the deposition 9 transcript. 10 I certify I am not a relative, employee, attorney or counsel of any of the parties hereto,11 and further I am not a relative or employee of any attorney or counsel employed by the parties hereto,12 or financially interested in the action. 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of office at Columbus, Ohio, on14 September 26, 2014. 15 16 17 18 19 20 ______________________________________________ Reva Chafin Mundy, Notary Public - State of Ohio21 My commission expires June 23, 2017. 22 23 24



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Witness Errata and Signature Sheet Correction or Change Reason Code 1-Misspelling 2-Word Omitted 3-Wrong Word 4-Clarification 5-Other (Please explain) Page/Line Correction or Change Reason Code _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ _______ _______________________________ ________ I, William Paul DeMora, have read the entire transcript of my deposition taken in this matter, or the same has been read to me. I request that the changes noted on my errata sheet(s) be entered into the record for the reasons indicated. Date__________Signature___________________________ The witness has failed to sign the deposition within the time allowed. Date__________Signature___________________________ Ref: RM16663WD S-RM P-bw


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225 EAST 1111OAI) STREET P.O. I3ON 2550

COLUN113US, 01110 43216

PRINTED ON SPECIAL WATERMARKED PAPER -TO VIEW HOLD UP TO LIGHT

PAY * ** *SIX THOUSAND AND XX / 100 DOLLAR * * **

To TI-IF

ORDER OF

VOUCHER NUMBER

00265184

OHIOANS FOR LIBERTY 545 E TOWN ST

COLUMBUS, OH 43215

OPE'RAl'l VG AC.COUMr

JP MORGAN CHASE BANlt

COLUNIBUS,OHIO

CHECK DATE

01/31/2014

203270 611&12017

PAY THIS AMOUNT

$6,000.00***

NOT NEGOTIABLE AFTER 60 DAYS FROM THE ABOVE DATE AuTHORIZED sICNNATURES

Its 20 27011' 1:04400003?I: L8 1 20 L

LINE NO.

INVOICE NUMBER

DESCRIPTION

.r>-T-.,

DATE L GROSS AMOUNT DISCOUNT AMOUNT

0I/31/14B 01/31/14

COALITION SUPPORT

6,000.00 0.00

NET AMOUNT

6,000.00

EXHIBIT

Ohio Education Association - 225 East Broad Street - PO Box 2550 - Columbus, OH 43216

NO. CHECK DT VENDOR NUMBER VENDOR NAME

CHECK

203270 01/31/14 0000014047 OHIOANS FOR LIBERTY

TOTAL AMOUNT

$6,000.00


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OHIOANS FOR LIBERTY, INC. 545 E TOWN STREET

COLUMBUS, OHIO 43215 (614) 2637000

FIFTH THIRD BANK 25-216-440

PAY TO THE The Strategy Network LLC

ORDER OF

Twelve Thousand Only " ̀ -'

10

1/28/2014

$ "12,000 00

The Strategy Network LLC

1349 E Broad St

Columbus. OH 43205

MEMO

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EXHIBIT

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FIFTH THIRD BANK

Amount: $6000.00 Date Posted: 02/04/2014

Account Number: REGULAR BUSINESS CHECKING CHECKING.

OHIOANS FOR LIBERTY, INC. 5-111

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EXHIBIT

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Form 14 Prescribed by the Secretary of State (08 -08)

STATEMENT OF RECEIVING OR PROVIDING COMPENSATION FOR CIRCULATING

A STATEWIDE CANDIDATE PETITION R.C. 3501.381

D N 10 flN S F02_, L1 eQ.T.4 (Printed name of individual or entity)

(check ONE) receive compensation for, or

will:

compensate an individual or entity for

supervising, managing, or otherwise organizing an effort to obtain signatures for a declaration of candidacy

or nominating petition for Cpt2s ^ who is seeking the office of:

(Name of prospective candidate)

(check ONE) X Governor /Lieutenant Governor

Secretary of State

Auditor of State

Treasurer of State

Attorney General

The petition will be circulated for the: (check ONE) © primary election, or general election

.Z014 to be held on

(Month) (Day) (Year)

I declare under penalty of election falsification that the statements above are true and accurate.

N1Aev R tAt (7-tN,\l i (Pri ted- ame f 'ndivjoual -or thorized signer for an entity)

_- Z a _) Ark Z0 t4

(Signature of individüäl`órautb . rized signer for an entity) Date

Address

O \u v113Q . ovi -5A1 City, State, and Zip Code

(.D1`)% (9 ; -1000 Telephone Number

Email Address (if any)

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE

Whoever fails to file this statement as required by section 3501.381 of the Ohio Revised Code is guilty of a

misdemeanor of the first degree, and the petition for which a person was compensated for supervising,

managing, or otherwise organizing the effort to obtain signatures shall be deemed invalid.

EXHIBIT

(p-e MO( a





01-110A[As . L.t6Ea_T-1 will:

(Printed name of individual or entity)

(check ONE) receive compensation for, or ® compensate an individual or entity for


S 1-1.a .Li L e A(2.

(Name of prospective candidate) or nominating petition for

(check ONE) Governor /Lieutenant Governor

Secretary of State

Auditor of State

Treasurer of State

Attorney General

who is seeking the office of:


to be held on IV) 1/44

(Month)

tg 'Xa (Day) (Year)


1v1141a PI 1\114 C -\

(P"' t nam find}'ip off authorized signer for an entity)

g(Sin at (Signature of individual or authorized signer for an entity) Date

9Ait2 Tow1 5T

ykti>,

Address

LaLt.) MOO. /"A'A1; City, State, and Zip Code

01A)A(05.-iocp Telephone Number

Email Address (if any)


Whoever fails to file this statement as required by section 3501.381 of the Ohio Revised Code is guilty of a







QIl loCkc FD L.1 6ea.-N win:


(check ONE) receive compensation for, or 21 compensate an individual or entity for


or nominating petition for

(check ONE)

APsii7iS 1;611-o k-iim.fLs (Name of prospective candidate)

Governor /Lieutenant Governor

k Secretary of State

Auditor of State

Treasurer of State

Attorney General



A1/4-1 .X014 to be held on

(Day) (Year) (Month)


liptQ.y. ` ty\wi r'nked narfi-öf di dt 4, or authorized signer for an entity)

(Signature orindMaii Ì or authorized signer for an entity)

Xg )10 o14 Date

Address

0,0)M6oc 01A 1-k. .7\k5 City, State, and Zip Code

Telephone Number Email Address (if any)


Whoever fails to file this statement as required by section 3501 .381 of the Ohio Revised Code is guilty of a







D 14 ti 0 15,1\\5 L1 o262-fiy (Printed name of individual or entity)

will:

(check ONE) fi receive compensation for, or al- compensate an individual or entity for


1 t UQT - Cbp 6gNI (Name of prospective candidate) or nominating petition for


Secretary of State

K Auditor of State

Treasurer of State

Attorney General


The petition will be circulated for the: (check ONE) ® primary election, or general election

to be held on Rol `Xot 4



M` 6-1t\SKi t W

-indi

ivid

r authorized signer for an entity)

(Signature of ùaror1authorized signer for an entity) Date

IDA

Address

(;o oti 4-410S City, State, and Zip Code

`() \A\ '"4



Whoever fails to file this statement as required by section 3501 .381 of the Ohio Revised Code is guilty of a







0 \-t t oAt\I Lc A will:


(check ONE) n receive compensation for, or ® compensate an individual or entity for


or nominating petition for VELD ASS

(Name of prospective candidate)


Secretary of State

Auditor of State

K Treasurer of State

Attorney General


The petition will be circulated for the: (check ONE) ® primary election, or [I] general election

xO \ to be held on


I declare under penalt y_ of election falsification that the statements above are true and accurate.

ç mt-G- tS

Prin>;ed na al)r authorized signer for an entity) AN -k3m4

(Signature of irldividual-or authorized signer for an entity) Date

Address

0,0 LLMOtK b\A L\17

City, State, and Zip Code

l t'> 7,10 ` , 00



Whoever fails to file this statement as required by section 3501.381 of the Ohio Revised Code is guilty or a




FIFTH THIRD BANK 28 P O BOX 630900 CINCINNATI OH 45263-0900

OHIOANS FOR LIBERTY INC

545 EAST TOWN ST

COLUMBUS OH 43215

r,1i11111'11-II'111111111II11fIII,II1111111111r41111r1f111ii1

C

FIFTH THIRD BANK

Notice Date: Account:

Confirmation Required to Stop Payment

February 4, 2014 41/11.1111111.11

Dear OHIOANS FOR LIBERTY INC,

We wish to inform you that a Stop Payment order has been placed, per your request, according to the

information listed below.

Check Number: 1003 Check/EFT* dated: 02/03/14

Check/EFT* amount: $6,000.00 Payee: THE STRATEGY NETWORK LLC

Please read the terms of the agreement below, sign and return it promptly to:

Fifth Third Bank P.O. Box 630900 MD 1 MOC2Y Cincinnati, OH 45263 -0900

If you have questions or need additional information, please call us at 1- 800 -972 -3030. Our Customer

Service Professionals are available Monday through Friday, 7 AM to 8 PM and Saturday, 8.30 AM to

5 PM ET. For information on Fifth Third products and services, stop by any of our Banking Centers or

visit us online at www.53.com.

Thank you for choosing Fifth Third Bank.

Sincerely,

P. Brian Moore Senior Vice President

STOP PAYMENT ORDER

February 4, 2014

The undersigned as account holder(s) agrees to indemnify the Bank for any loss suffered by compliance with this order. which. for

checks only, will expire six months from the above date unless renewed. 'For an oral slop payment request on a recurring Electronic

Funds Transfer (EFT), this form must be signed and returned to the Bank within 14 days; otherwise the Bank is not required to

continue slopping payments to the payee listed above This written stop payment order is accepted by the Bank with the

understanding that you hereby agree to hold the Bank harmless for the amount of the item(s) above and from all expenses. costs. and

attorneys' fees incurred by the Bank on account of the Bank's refusing payment of the said check(s) or draft(s) described above

The Bank will in no way be responsible or liable for payment of the instrument(s) described above unless payment occurs through the

Bank's lack of good faith or failure to exercise ordinary care. If payment is inadvertently made contrary to this written stop payment

order, it is the responsibility of the account holder to show actual loss due to such payment in order to recover from the Bank

Release or cancellation or written stop payment orders prior to expiration must be done in writing

"'bp...L./X*29-NA 40è

Authorized Account Signer

/ ,¡i G'! v Date

Member FDIC CI Equal Housing Lender Filth Third and Filth Third Bank are registered service marks of Fiilh Thud Ba' co'p - eIvJvra


case: 2:13-cv-00953-mhw-tpk doc #: 237-4 filed: 09/26/14 … · 2014. 9. 29. · case:...

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