Ohio Administrative Code|Rule 3517-1-02 | Initiation of proceeding.

                                                
(A) Complaint.
A complaint shall be submitted to the commission in one of two
		  forms:
(1) By affidavit by an individual
			 based on personal knowledge in the following format:
(a) Typewritten, double-spaced, in no
				less than 12 point pica typeface, on 8" x 11" white bond paper, and
				contain no more than eight pages excluding exhibits;
(b) 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;
(c) 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;
(d) 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;
(e) Contain by attachment all
				affidavits, exhibits and other documents relied upon in alleging the violation
				or tending to support the allegations;
(f) 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;
(g) 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).
(2) 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) 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:
(b) Only on a form or in a format as
				prescribed by the commission;
(c) 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;
(d) 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.
(e) 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.
(3) 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 section 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.
(B) Request for advisory
		  opinion.
Each request for an advisory opinion shall be made in the following
		  format:
(1) Typewritten, double-spaced, in no
			 less than 12 point pica typeface, on 8" x 11" white bond paper, and
			 contain no more than five pages excluding exhibits;
(2) Clearly set forth the names and
			 full residence and/or business addresses and telephone numbers of the person(s)
			 making the request;
(3) Clearly set forth a hypothetical
			 fact pattern upon which the commission's advice is requested and describe, in
			 general, all parties involved in the hypothetical fact pattern, whether
			 individuals, committees, organizations, legislative campaign funds, or others.
			 The request must include the name, title and address of the individual,
			 treasurer, officer, member of agent responsible for the request and contain by
			 attachment all sample exhibits and other documents which the commission will
			 need to render its opinion;
(4) Clearly set forth each and every
			 separate element or section of Ohio elections law upon which the commission's
			 advice is requested, in a narrative form, cross-referenced to the relevant code
			 section(s);
(5) Clearly set forth sufficient
			 evidence that the requesting party has the necessary standing to request such
			 opinion;
(6) Requesting parties may submit a
			 memorandum in support of the request. Such memorandum shall be no more than
			 twelve pages. If the requesting party submits a memorandum, the commission
			 shall post a public notice in its office that such a request has been received
			 and offer interested parties the opportunity to respond in support of or
			 opposition to the request. A copy of said notice shall be sent to the office of
			 the secretary of state for posting in that office.
Any response submitted pursuant to the public notice shall be
			 filed with the commission within seven days of the posting of such notice in
			 the office of the commission for such response to receive consideration by the
			 commission. The original requesting party shall not submit any additional
			 memorandum aside from the original memorandum filed in support of its request
			 for advisory opinion.
(7) Advisory opinions of the
			 commission may not be applied retrospectively.
(8) In the letter requesting the
			 opinion, the requesting party shall 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 to the sufficiency of the staff
			 attorney that the request is being made in good faith, the staff attorney shall
			 recommend to the commission that an opinion not be issued.
(9) Any request that does not
			 sufficiently establish any of the elements in this section, shall be returned
			 to the requesting party by the chair with a letter indicating the reason why
			 the request is being returned.
(C) Number of copies to be
		  filed.
(1) An individual filing a complaint
			 based on personal knowledge shall file with the commission an original, eight
			 copies (one for each commission member and one for counsel) and sufficient
			 copies for each named respondent. If a committee, organization and an officer
			 thereof, or a candidate are named, one copy must be filed for each party
			 named;
(2) The secretary of state or a board
			 of elections shall file an original and one copy for each named respondent in
			 the complaint;
(3) A party requesting an advisory
			 opinion shall file an original and eight copies.
(D) Any non-complying or insufficient
		  complaint or request for advisory opinion shall be first entered into the
		  records of the commission and then returned to the submitting party with a
		  notice of insufficiency detailing the area (or areas) of the complaint or
		  request which is insufficient. The submitting party shall have ten business
		  days from the date of mailing, in which to resubmit satisfactory documents. If
		  the complaint or request for advisory opinion is not timely resubmitted,
		  counsel shall recommend to the full commission that such complaint or request
		  for advisory opinion be dismissed without prejudice or given no
		  response.
Parties against whom a non-complying or insufficient complaint is
		  filed shall respond within the required time frame of these rules based upon
		  the date that such satisfactory documents are properly re-submitted to this
		  commission.
(E) Commission staff shall assign a
		  separate designation to all complaints filed with and advisory opinions issued
		  by the commission. This designation shall be comprised of numbers, letters, or
		  other characters as determined by commission staff. After each case has
		  received its designation, any correspondence with commission shall include this
		  designation.