Ohio Administrative Code Title 3517 - Ohio Elections Commission
Here’s a detailed overview of Ohio Administrative Code Title 3517 – Ohio Elections Commission, which outlines the procedural rules governing complaints and advisory opinions under Chapter 3517 of the Ohio Revised Code.
📕 Chapter 3517‑1 – Proceedings Before the Commission
This single chapter encapsulates all administrative rules for actions before the Commission, including:
⚙️ General Scope & Construction
Rule 3517‑1‑01: Confirms that the procedure applies to all matters before the Commission—both complaints and advisory opinions. Proceedings must adhere to due process, Ohio civil-procedure and evidence rules where applicable (codes.ohio.gov).
🚨 Initiation of Proceedings
Rule 3517‑1‑02: Describes how to initiate a complaint—filed as a sworn affidavit with specified formatting and details about the parties—also outlines advisory opinion requests (codes.ohio.gov).
📝 Response Requirements
Rule 3517‑1‑04: Requires respondents to reply via sworn affidavit, with non-response potentially treated as admission of the complaint .
🔍 Preliminary Review & Probable-Cause Hearing
Rule 3517‑1‑11: A preliminary review is conducted by a panel or full Commission to assess jurisdiction, sufficiency, and probable cause. They may dismiss, proceed to hearing, or request further investigation (codes.ohio.gov).
Probable cause panels, typically 3 members, must include bipartisan representation; hearings follow strict timelines especially near elections .
🎧 Formal Hearing Procedures
Formal hearings are controlled by Chapter 119 rules and include sworn testimonies, subpoenas, evidence rules, and cross-examination rights .
💸 Penalties & Fines
Rule 3517‑1‑14: Specifies fines to be paid to the Commission's fund, per a schedule tied to R.C. penalties (codes.ohio.gov).
The Commission may recommend prosecution or apply administrative fines, based on the Revised Code's specific sections (codes.ohio.gov).
🔁 Reconsideration of Rulings
Rule 3517‑1‑15: Allows parties to request reconsideration within ten days, and staff may recommend review within one year for due process concerns (law.cornell.edu).
🧭 Key Takeaways
Title 3517‑1 governs all procedural stages—from filing complaints and preliminary screens to hearings, fines, and reconsiderations.
Strong process integrity: sworn affidavits, formal service, subpoenas, and public evidence hearings support fairness.
Time-sensitive structure: Expedited panels are mandated when complaints are filed shortly before elections, ensuring timely resolutions.
Sanctions framework: Admin fines enforce compliance; serious or repeated violations may be referred for criminal prosecution.
📚 Further Resources
Ohio’s official Administrative Code portal: complete and continuously updated rule text for Chapter 3517‑1.
Cornell LII (Law Information Institute): accessible summaries of procedural rules.
Ohio Revised Code Chapter 3517: contains statutory foundations for the Commission’s jurisdiction, appointment, and enforcement structure
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