3517-1-02 Initiation of Proceeding.
A complaint shall be submitted to the commission in one of two forms:
- By affidavit by an individual based on personal knowledge in the following format:
- Typewritten, double-spaced, in no less than 12 point pica typeface, on 8½" x 11" white bond paper, and contain no more than eight pages excluding exhibits;
- Clearly set forth the names, full residence and/or business addresses of all parties and affiants, including the name, title and address of the officer, member or agent making the complaint and person responsible for the behavior about which the complaint is made. If any party is a campaign committee, the candidate, and campaign treasurer in those circumstances involving sections 3517.08 to 3517.13 of the Revised Code, shall be made a party to the case. For cases which will or may be subject to the expedited hearing process, telephone and fax numbers for all parties shall be included, when known;
- Any party which is not representing itself shall be represented by an attorney at law licensed to practice law in Ohio. The complaint shall include the full address of the attorney with complete telephone and fax numbers. An individual complainant shall not represent multiple complainants unless the complainant is an attorney licensed to practice law in Ohio. Persons authorized to practice law in other jurisdictions may, upon proper application to the commission, be authorized to practice before the commission in a particular proceeding;
- Clearly set forth the specific source or basis of the personal knowledge and be signed and sworn before a notary public or other person authorized by law to administer oaths in a form substantially in accordance with section 2935.19 Of the Revised Code;
- contain by attachment all affidavits, exhibits and other documents relied upon in alleging the violation or tending to support the allegations;
- Clearly set forth sufficient facts, supported by affidavits, exhibits and/or other documents to constitute a prima facie violation of Ohio election law over which the commission has jurisdiction;
- Clearly set forth each and every separate alleged violation of Ohio election law over which the commission has jurisdiction in a narrative form, cross-referenced to the relevant Revised Code section(s).
- Upon filing with the commission by the secretary of state or an official of a county board of elections which shall be in the following format:
- A separate complaint shall be made and form used for each candidate, campaign committee, political committee, political party, or legislative campaign fund being complained about except in instances where all parties alleged to have made the violation are affiliated and/or share the same address:
- Only on a form or in a format as prescribed by the commission;
- Clearly set forth the name and full business address of the officer making the complaint and a contact person, if the complaint is filed by a person other than the officer;
- Clearly set forth the full name and address of all parties and affiants, whether individuals, committees, organizations, respondents, legislative campaign funds, or others. If any party is a committee, organization, or legislative campaign fund, the complaint must also include the name, title and address of the treasurer, officer, member or agent responsible for the alleged violation. If any party is a campaign committee, the candidate, and campaign treasurer in those circumstances involving sections 3517.08 To 3517.13 Of the Revised Code, shall be made a party to the case.
- Clearly set forth sufficient facts, supported by affidavits, exhibits and/or other documents to constitute a prima facie violation of Ohio election law cross-referenced to the relevant revised code sections, and contain by attachment all exhibits and other documents relied upon in alleging the violation or tending to support the allegations.
- Staff attorney to the commission shall reasonably review all complaints filed with the commission within one business day of receipt. Upon review, counsel shall make a determination as to the nature of the complaint. If counsel determines that a complaint is filed under division (b) of sections 3517.21 Or 3517.22 Of the Revised Code, the complaint shall be immediately referred to a panel of the commission for probable cause determination. For all other complaints filed with the commission, counsel shall make a timely recommendation to the commission as to the disposition of the complaint.
If staff attorney is unable to make a determination or recommendation within one business day, such recommendation shall be made as soon thereafter as is reasonably practicable. Failure by counsel to make a determination or recommendation within one business day shall not be affect or otherwise render voidable the final disposition of a case before the commission.
In those situations where staff attorney will be unavailable for an extended period of time, the chair of the commission shall make the required one business day recommendations as required by statute. If the chair is unable to make any such determinations or recommendations, he shall designate another person licensed to practice law in Ohio to make the required determinations and recommendations.
These rules shall be construed and applied to effect due process, just results, fair, impartial, speedy and sure administration, simplicity in procedure, elimination of delay, unnecessary expense and all other impediments to the expeditious administration of the election laws under the jurisdictions of the commission.
(C) Ohio Rules of Civil Procedure and Ohio Rules of Evidence applicable.
In all instances in which they are not in conflict with these rules of procedure, the Ohio Rules of Civil Procedure and Ohio Rules of Evidence shall control proceedings before the commission.