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OH HB538

Bill

Status

Introduced

5/27/2010

Primary Sponsor

Nan Baker

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

  • Increases the penalty for false statements in campaign materials for statewide or General Assembly candidates from $5,000 to $100,000 if the violator publishes additional false statements after an Elections Commission panel finds probable cause of violation.

  • Requires violators who are fined or referred for prosecution for false statements in statewide or General Assembly campaigns to pay the reasonable attorney's fees of the person who filed the complaint.

  • Applies the enhanced penalties only when: the false statement relates to a statewide or General Assembly candidate campaign, the Elections Commission panel has found probable cause of violation, and the violator made one or more additional publications of the false statement after that determination.

  • Maintains existing procedures for Ohio Elections Commission hearings, investigations, and determinations of violations by clear and convincing evidence for false statement cases.

Legislative Description

To increase from $5,000 to $100,000 the penalty for making a false statement in campaign materials related to the nomination or election of a statewide or General Assembly candidate if additional publications of the campaign materials containing the false statement are made after a panel of the Elections Commission has determined that there is probable cause to believe that the campaign materials contain a false statement, and to require the person who made the false statement to pay the complainant's reasonable attorney's fees.

False statement in campaign materials-increase penalty/attorney's fees

Last Action

To Elections & Ethics

5/27/2010

Full Bill Text

No bill text available