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ELC87-8

TO: Gordon M. Strauss, Counsel, Friends of Voinovich

You have requested an opinion on the following questions:

1. Are contributions to a state or local officeholders campaign for a federal office taken into consideration in determining whether division (I) or (J) of Ohio Revised Code section 3517.13 would prohibit the award of a contract by an agency, department, or political subdivision for whose contracts the officeholder is ultimately responsible?

2. Does the Federal Election Campaign Act of 1971 preempt divisions (I) and (J) of Ohio Revised Code section 3517.13?

Syllabus :

  1. Contributions to a state or local officeholder's campaign for a federal office are taken into consideration in determining whether division (I) or (J) of Ohio Revised Code section 3517.13 would prohibit the award of a contract by an agency, department, or political subdivision for whose contracts the officeholder is ultimately responsible .

2. The Federal Election Campaign Act of 1971, 2 U.S.C 453 does not preempt divisions (I) and (J) of Ohio Revised Code section 3517.13.