Bill Text: OH SB276 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-02 - To State & Local Government & Veterans Affairs [SB276 Detail]

Download: Ohio-2009-SB276-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 276

Senator Miller, R. 

Cosponsor: Senator Smith 

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A BILL

To amend section 3517.21 of the Revised Code to

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prohibit the use of a sample ballot as campaign

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materials if the ballot would mislead voters into

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believing a candidate has received a party

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endorsement.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3517.21 of the Revised Code be	6
amended to read as follows:	7

Sec. 3517.21.  (A) No person, during the course of any	8
campaign for nomination or election to public office or office of	9
a political party, shall knowingly and with intent to affect the	10
outcome of such campaign do any of the following:	11

(1) Serve, or place another person to serve, as an agent or	12
employee in the election campaign organization of a candidate for	13
the purpose of acting to impede the conduct of the candidate's	14
campaign for nomination or election or of reporting information to	15
the employee's employer or the agent's principal without the	16
knowledge of the candidate or the candidate's organization;	17

(2) Promise, offer, or give any valuable thing or valuable	18
benefit to any person who is employed by or is an agent of a	19
candidate or a candidate's election campaign organization for the	20
purpose of influencing the employee or agent with respect to the	21
improper discharge of the employee's or agent's campaign duties or	22
to obtain information about the candidate or the candidate's	23
campaign organization.	24

(B) No person, during the course of any campaign for	25
nomination or election to public office or office of a political	26
party, by means of campaign materials, including sample ballots,	27
an advertisement on radio or television or in a newspaper or	28
periodical, a public speech, press release, or otherwise, shall	29
knowingly and with intent to affect the outcome of such campaign	30
do any of the following:	31

(1) Use the title of an office not currently held by a	32
candidate in a manner that implies that the candidate does	33
currently hold that office or use the term "re-elect" when the	34
candidate has never been elected at a primary, general, or special	35
election to the office for which he or she is a candidate;	36

(2) Make a false statement concerning the formal schooling or	37
training completed or attempted by a candidate; a degree, diploma,	38
certificate, scholarship, grant, award, prize, or honor received,	39
earned, or held by a candidate; or the period of time during which	40
a candidate attended any school, college, community technical	41
school, or institution;	42

(3) Make a false statement concerning the professional,	43
occupational, or vocational licenses held by a candidate, or	44
concerning any position the candidate held for which the candidate	45
received a salary or wages;	46

(4) Make a false statement that a candidate or public	47
official has been indicted or convicted of a theft offense,	48
extortion, or other crime involving financial corruption or moral	49
turpitude;	50

(5) Make a statement that a candidate has been indicted for	51
any crime or has been the subject of a finding by the Ohio	52
elections commission without disclosing the outcome of any legal	53
proceedings resulting from the indictment or finding;	54

(6) Make a false statement that a candidate or official has a	55
record of treatment or confinement for mental disorder;	56

(7) Make a false statement that a candidate or official has	57
been subjected to military discipline for criminal misconduct or	58
dishonorably discharged from the armed services;	59

(8) Falsely identify the source of a statement, issue	60
statements under the name of another person without authorization,	61
or falsely state the endorsement of or opposition to a candidate	62
by a person or publication;	63

(9) Use print advertising, including a sample ballot, that is	64
intended to mislead voters into believing that the candidate named	65
in the advertising has received the endorsement of a political	66
party. Print advertising that uses the same lettering, format,	67
colors, logo, and language as an official ballot or a sample	68
ballot issued by a political party shall be considered to be	69
intended to mislead voters into believing that the candidate has	70
received the endorsement of a political party, regardless of	71
whether the term "unofficial" appears on the advertising.	72

(10) Make a false statement concerning the voting record of a	73
candidate or public official;	74

(10)(11) Post, publish, circulate, distribute, or otherwise	75
disseminate a false statement concerning a candidate, either	76
knowing the same to be false or with reckless disregard of whether	77
it was false or not, if the statement is designed to promote the	78
election, nomination, or defeat of the candidate.	79

As used in this section, "voting record" means the recorded	80
"yes" or "no" vote on a bill, ordinance, resolution, motion,	81
amendment, or confirmation.	82

(C) Before a prosecution may commence under this section, a	83
complaint shall be filed with the Ohio elections commission under	84
section 3517.153 of the Revised Code. After the complaint is	85
filed, the commission shall proceed in accordance with sections	86
3517.154 to 3517.157 of the Revised Code.	87

Section 2. That existing section 3517.21 of the Revised Code	88
is hereby repealed.	89