BSB's Up In Your Ohio Election Commission, Complaint'in Your Candidate

Back when I started blogging in 2005, I did so because I had interest in positively affecting Ohio elections. Plain and simple. That interest is a big reason why I remained in Ohio after a large number of my peers from college left the state for jobs elsewhere. That interest is why I'm back in Ohio for law school. Ohio's my home - all of it. Along the same theme, Buckeye State Blog has traditionally focussed on all Ohio elections, whether Congressional, statewide, or local.

Over the course of this cycle I've watched candidates' actions across the state very closely. Surprisingly, I've noticed a lot of campaign actions which seem to be counter our disclosure laws. Those other actions are on my mind as BSB makes this announcement.

Ohio prescribes laws in our Revised Code to ensure transparency and honesty in our electoral process. From disclaimer laws to filing requirements, Ohio electoral laws ensure the honesty of our system.

Today I'm filing an election complaint, on behalf of the Buckeye State Blog, with the Ohio Election Commission against the "Bill Brownson for Council" committee.

The entire complaint is available online here.

It's my opinion that Mr. Brownson's committee has violated §3517.10 and §3517.20 of the Ohio Revised Code. These statutes work towards transparency in the process by requiring all candidates to formally state their candidacy with declaration of treasurer before they begin operating as candidates, and require conspicuous disclaimers on all campaign materials. Laws like these are immensely important as we enter an age of internet communications where special interests and third parties can independently fund online media for or against candidates easily. Voters deserve candidates that campaign in the open, with full disclaimers on their materials. When candidates, such as in my opinion Bill Brownson's committee, circumvent these electoral laws they undermine the very transparency we've sought to interject into our electoral process since the Nixon years.

This is a big deal. These electoral laws are neither petty or trivial, they go to the very heart of our democratic government.

The First Violation

On June 2nd Brownson purchased the domain www.brownsonforcouncil.com. Shortly thereafter a webpage with his picture, campaign logo, and brief statement appeared online. However, it wasn't for nearly two weeks later that Brownson filed a declaration of treasurer. In Ohio, no one is authorized to make any expenditure or receive any contribution (in-kind or otherwise) without filing a declaration of treasurer. We have this law so the public can be confident in evaluating the materials that come before them. Even if something looks like campaign materials, Ohio voters know that only filed candidates can disseminate electioneering materials. We have documentation Brownson made at least one in-kind donation/expenditure without filing as a candidate; however, it's unclear how many other actions such as this he may have taken before he filed. It's my opinion Bill Brownson tainted the process by violating this law protecting our transparency. What's more is that Brownson has been intimately involved in the electoral process for several years as a member of the Franklin County Republican Party Executive Committee. Year end, year out he's worked within this very system his actions have violated. In my opinion this shows a level of knowledge about the system, and a blatant disrespect for that system and the public.

The Second Violation

I worked on a campaign once. The person that handled our money was anal about ensuring a disclaimer stating our committee, address, etc. appeared on EVERYTHING. Initially I thought the guy was a little cooky, until he explained that other than just following the law, candidates have an immense responsibility in ensuring the public has access to campaign financial material. Open disclaimer ensures that that John Q. Public can adequately evaluate candidate's financial ties. As my friend said, "anything other than full disclosure - with disclaimers on everything - robs the public of their rights." In retrospect, I think he was dead on.

I don't know the exact date that Mr. Brownson's website went live, but it was shortly after the 2nd. As late as June 25th, google cache indicates that no disclaimer indicating his committee, etc. was anywhere on his webpage. At the time, his webpage was the primary communication between his campaign and the hundreds of thousands of voters composing the Columbus electorate. Screen shots of the website in my complaint show that no disclaimer appeared anywhere up until at least June 29th.

Following the 29th, a disclaimer was placed on the index page of the main webpage, but was left off all subsidiary webpages. That's a problem when each and every one of your webpages is accessible indpendently to the public. I could email Brownson's biography webpage to a friend and they'd never see the disclaimer on the front page. It isn't the public's duty to ensure they see the disclaimer, that responsibility rests solely on the candidate. Additionally, an Ohio Election Commission Advisory opinion indicates a disclaimer is necessary on each webpage. Brownson initially had no disclaimer up; today visitors to his webpages are lucky if they ever come across the one inconspicuous disclaimer available.

So What?

Clearly, I think these alleged violations are a big deal. Otherwise I wouldn't have wasted about 25 hours of my life compiling my complaint. As I've said, our candidates have the utmost responsibility to pursue transparency and disclosure in the process. Anything less can mislead voters and instill a distrust in our electoral system and politicians. Ohio law is written to put the burden of disclosure on candidates; electoral law is not something with which candidates should play "loosey goosey."

Obviously I hope the Commission hears my complaint. Even if they do not, I'll be happy if this sparks Mr. Brownson to take greater efforts in ensuring transparency. Notably, I'd hope he updates his webpages with disclaimers in the near future (read today). If the OEC hears my complaint, I think it would be fair for them to find my complaint valid, a wrong on behalf of the Brownson committee, and a fine.

So that's that, there's plenty more I could blather on about, but I'll just let y'all ask any questions if you're interested.