A person can request an advisory opinion from the Ohio Elections Commission. An advisory opinion must be requested in writing. In order to do so you must include certain information. A letter, or any other type of writing, is sufficient as long as it contains the following elements:
1. Clearly set forth the names and full residence and/or business addresses and telephone numbers of the person(s) making the request;
2. Set forth a hypothetical fact pattern upon which the commission's advice is sought. The request should describe, in general, the parties involved and all pertinent facts and circumstances;
3. The request should contain all sample exhibits and other documents which will aid the commission in rendering its opinion.
A Requesting party may submit a memorandum in support of the request. Such memorandum shall be no more than twelve pages.
In the letter requesting the opinion, the requesting party must demonstrate, to the sufficiency of the staff attorney for the commission, that the request is made in good faith. If the requesting party does not establish that the request is being made in good faith to the sufficiency of the staff attorney, the staff attorney will recommend to the commission that an opinion not be issued.
Time Needed to Issue an Opinion
The Ohio Elections Commission works to issue an opinion within 90 days of submission. In general, the opinion will be issued in less time. It is possible, however, that it will take more time than this to issue such an opinion. There are many factors which will impact on the timeliness of the issuance of an advisory opinion including the number of other opinions currently being requested, the complexity of the request, the time of year, and the frequency of the Commission's meeting.
Once you have submitted your advisory opinion request, please do not hesitate to contact Commission staff regarding the current status of your opinion.