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What laws govern elections?
Q.: What laws should I know about if I become involved in a political campaign? A.: You should know that the right to free speech under the First Amendment to the U.S. Constitution generally protects "political speech" by candidates and others so they can speak openly about issues. However, over the years, state and federal governments have regulated political speech to ensure fair elections and prevent corruption. Ohio's election laws vary according to: 1) whether the public is voting for a candidate or an issue; 2) the level of office (federal, state, or local); and 3) whether the political speaker is a candidate, a political action committee, a political party, or another type of entity. Ohio's laws attempt to ensure fair political debate, placing limits only on statements made when the speaker knows they are false or when the speaker acts "with reckless disregard of whether the statements are false." You also should know about campaign finance laws. Over the years, federal and state campaign finance laws have become increasingly complex. Before entering the political arena, familiarize yourself with federal, state and local campaign laws and provisions that apply to candidates, treasurers, and others involved in politics.
Q.: What should I know if I'm working to elect a local candidate? A.: First, there may be laws concerning your candidate's qualifications for office. For example, a person who runs for county sheriff must meet certain minimum requirements in the area of law enforcement. Similarly, a candidate for city law director/solicitor must be admitted to the practice of law in Ohio. Also, there are residency requirements for most offices in the state; generally, a candidate must live where he or she seeks office. Finally, candidates must fulfill certain requirements regarding nominating petitions and declarations of candidacy before running for election. Additionally, there are restrictions on who may circulate petitions for a candidate. Also affecting campaigns are laws that: 1) require the campaign to report contributions received and expenditures made; 2) govern who may contribute to the candidate's campaign; 3) require that the source of any political communications (brochures, ads, articles, etc.) be identified; and 4) govern fair campaign practices.
Q.: What else should I know if my candidate is running for a state-level office such as auditor, or for a position in the general assembly? A.: Candidates for state office and certain political parties and political action committees also must comply with state-mandated contribution limits. To ensure strict compliance with the complex, current campaign finance laws and filing requirements, your candidate probably will need an automated system to track contributions and expenditures. Also, state law requires any candidate running in a multi-county district to file all petitions, campaign finance reports, etc., with the board of elections office of the county with the largest population share in the district.
Q.: What if my candidate is running for a federal office such as a seat in Congress? A.: In this case, federal law governs your candidate's campaign. State law also may affect the campaign, but if and when there is a conflict between state and federal law, federal law will prevail. For instance, since federal contribution limits differ from state contribution limits, the federal limits must be followed. However, Ohio's law prohibiting false statements in campaigns does apply to federal candidates.
Q.: What if my candidate is running for judge? A.: A judicial candidate must be an attorney, admitted to the practice of law in Ohio for at least six years. The Supreme Court of Ohio has adopted campaign rules that apply to any judicial candidate, whether the candidate is running for municipal court or the Supreme Court of Ohio. These rules supplement Ohio campaign law and include separate contribution and expenditure limits, as well as separate regulations on false or misleading campaign statements.
Q.: Are my campaign contributions tax-deductible? A.: Your campaign contributions cannot be deducted from your federal income tax. However, you can deduct up to $50 from your Ohio tax return (or $100 for a married couple filing jointly) if you contribute to someone running for any state-level office (e.g., governor or auditor), or state legislative office.
Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association. Ohio Secretary of State Jennifer Brunner prepared this article. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.
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