Elections Commission Fines Qualified Immunity Amendment Committee

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.

Story originally published in The Hannah Report on November 30, 2023.  Copyright 2023 Hannah News Service, Inc.