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 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 statewide office or for member of the Ohio General Assembly?
A:  Statewide and General Assembly candidates have different campaign finance reporting requirements than other types of candidates. For example, statewide and General Assembly candidates must comply with contribution limits, and they must report a contributor's employer for contributions over $100.  Additionallly, statewide and General Assembly candidates may file their campaign finance reports electronically at the Ohio Secretary of State's office.  Candidates running in multi-county districts, however, file their candidate petitions with the board of elections 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. 

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 under Canon 7 of the Code of Judicial Conduct 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:  What laws affect my involvement in a ballot issue campaign?
A:  Ballot issue elections may occur in a single election precinct (such as a liquor local option election), or may involve issues for a city, township, county, district (such as a school district), or all Ohio voters.  Corporations may contribute any amount to ballot issue campaigns, but they must fulfill certain contribution reporting requirements.  Further, Ohio law says political communications must be identified, contributions and expenditures must be reported, and campaign practices must be fair.

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.

8/26/2008

Law You Can Use is a weekly consumer legal information column provided by the Ohio State Bar Association.  The Office of Ohio Secretary of State Jennifer Brunner prepared this article.