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S. B. No. 33 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend section 3517.21 of the Revised Code to
prohibit the use of a sample ballot as campaign
materials if the ballot would mislead voters into
believing a candidate has received a party
endorsement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3517.21 of the Revised Code be
amended to read as follows:
Sec. 3517.21. (A) No person, during the course of any
campaign for nomination or election to public office or office of
a political party, shall knowingly and with intent to affect the
outcome of such campaign do any of the following:
(1) Serve, or place another person to serve, as an agent or
employee in the election campaign organization of a candidate for
the purpose of acting to impede the conduct of the candidate's
campaign for nomination or election or of reporting information to
the employee's employer or the agent's principal without the
knowledge of the candidate or the candidate's organization;
(2) Promise, offer, or give any valuable thing or valuable
benefit to any person who is employed by or is an agent of a
candidate or a candidate's election campaign organization for the
purpose of influencing the employee or agent with respect to the
improper discharge of the employee's or agent's campaign duties or
to obtain information about the candidate or the candidate's
campaign organization.
(B) No person, during the course of any campaign for
nomination or election to public office or office of a political
party, by means of campaign materials, including sample ballots,
an advertisement on radio or television or in a newspaper or
periodical, a public speech, press release, or otherwise, shall
knowingly and with intent to affect the outcome of such campaign
do any of the following:
(1) Use the title of an office not currently held by a
candidate in a manner that implies that the candidate does
currently hold that office or use the term "re-elect" when the
candidate has never been elected at a primary, general, or special
election to the office for which he or she is a candidate;
(2) Make a false statement concerning the formal schooling or
training completed or attempted by a candidate; a degree, diploma,
certificate, scholarship, grant, award, prize, or honor received,
earned, or held by a candidate; or the period of time during which
a candidate attended any school, college, community technical
school, or institution;
(3) Make a false statement concerning the professional,
occupational, or vocational licenses held by a candidate, or
concerning any position the candidate held for which the candidate
received a salary or wages;
(4) Make a false statement that a candidate or public
official has been indicted or convicted of a theft offense,
extortion, or other crime involving financial corruption or moral
turpitude;
(5) Make a statement that a candidate has been indicted for
any crime or has been the subject of a finding by the Ohio
elections commission without disclosing the outcome of any legal
proceedings resulting from the indictment or finding;
(6) Make a false statement that a candidate or official has a
record of treatment or confinement for mental disorder;
(7) Make a false statement that a candidate or official has
been subjected to military discipline for criminal misconduct or
dishonorably discharged from the armed services;
(8) Falsely identify the source of a statement, issue
statements under the name of another person without authorization,
or falsely state the endorsement of or opposition to a candidate
by a person or publication;
(9) Use print advertising, including a sample ballot, that is
intended to mislead voters into believing that the candidate named
in the advertising has received the endorsement of a political
party. Print advertising that uses the same lettering, format,
colors, logo, and language as an official ballot or a sample
ballot issued by a political party shall be considered to be
intended to mislead voters into believing that the candidate has
received the endorsement of a political party, regardless of
whether the term "unofficial" appears on the advertising.
(10) Make a false statement concerning the voting record of a
candidate or public official;
(10)(11) Post, publish, circulate, distribute, or otherwise
disseminate a false statement concerning a candidate, either
knowing the same to be false or with reckless disregard of whether
it was false or not, if the statement is designed to promote the
election, nomination, or defeat of the candidate.
As used in this section, "voting record" means the recorded
"yes" or "no" vote on a bill, ordinance, resolution, motion,
amendment, or confirmation.
(C) Before a prosecution may commence under this section, a
complaint shall be filed with the Ohio elections commission under
section 3517.153 of the Revised Code. After the complaint is
filed, the commission shall proceed in accordance with sections
3517.154 to 3517.157 of the Revised Code.
Section 2. That existing section 3517.21 of the Revised Code
is hereby repealed.
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