The Ohio Elections Commission Thursday fined a group that is
seeking to put a constitutional amendment on the ballot ending qualified
immunity.
Ohioans to End Qualified Immunity have proposed an amendment
that would repeal constitutional immunities and defenses in cases alleging a
civil rights violation by government actors, but has not been able to get past
the initial petition review by the attorney general's office. Attorney General
Dave Yost has rejected the group's submission seven times, with the latest
stating that it contains “omissions
and misstatements that, as a whole, would mislead a potential signer as to the
actual scope and effect of the proposed amendment.” (See The Hannah Report,
11/17/23.)
On Thursday,
the Elections Commission fined the group $100 for not filing a timely report.
Commission Executive Director Phil Richter told the panel that he recommended the
fine based on the fact that the group ultimately filed the report, but did not
file any explanation with the commission as to why the finance report was not
filed by the deadline.
In other
action, the commission sent another case involving Republican campaign
treasurer William Curlis to a full hearing.
The commission
had previously set hearings, which have not yet been held, to review complaints
filed by Sen. Stephanie Kunze (R-Hilliard), Franklin County Engineer Cornell
Robertson and former Franklin County Prosecutor Ron O’Brien, that among other
complaints, accuse Curlis of filing inaccurate reports on behalf of their
campaigns. (See The Hannah Report, 9/15/22.)
The latest
complaint, referred to the commission by the Franklin County Board of
Elections, involves the campaign of former Franklin County Common Pleas Judge
David Fais, who retired in 2015 and died in 2021. Richter said he recommended
the complaint go to a full hearing so that the commission could subpoena bank
records for the campaign for which, Richter said, Curlis served as the
treasurer.
Meanwhile, he
said he has spoken to another former candidate who has raised similar concerns
about campaign finance reports managed by Curlis. Richter said he has
recommended that candidate file a complaint against their own campaign.
Asked by
commission members if the panel will hear all of the complaints involving
Curlis at once or if they will all be separate hearings. Richter said it is his
hope that they can deal with all of them at the same time, and at that point
they could work with Curlis' attorney to come to a resolution on all the cases.
Brian Katz,
representing Secretary of State Frank LaRose's office before the commission, suggested
other cases involving Curlis could be coming to the commission, and asked the
commission how they should be addressed if someone asks the secretary of
state's office about any similar issues involving Curlis. Katz said they will
happily go along with any recommendation the commission makes on handling the
cases.
Richter said he
has told anyone that has asked about similar cases to make a self-referral to
the commission. Katz said the secretary of state’s office agrees that that is
the only avenue for the situation.