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
candidate for the 1st Congressional District of Ohio at the November 6, 2018 general election. Ms.
On October 12, 2018, the Commission, at the Complainant’s request, issued a subpoena to
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
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:
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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
• 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.
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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
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-
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,
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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
CERTIFICATE OF SERVICE
I hereby certify that on October 25, 2018, a copy of the foregoing was sent via electronic
mail to the following: