UPDATE: First Election Complaint Against Bob McEwen (Official Reprimand Letter Issued)

Background:
– Dec. 29 — Election Law Complaint Filed
– Jan. 11 — Probable Cause Hearing
– Jan. 17 — Probable Cause Finding Letter
– Feb. 8 — Full Committee Hearing Scheduled
– Mar. 16 — Ohio Elections Commission Finds Violation, Issues Reprimand
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I was on the distribution list for this letter from the Ohio Elections Commission, and received it yesterday.

March 20, 2006

Bob McEwen
McEwen for Congress
10935 Rice Field Pl.
Fairfax Station, VA 22039

Re: OEC Case No. 2005E-087

Dear Mr. McEwen:

At its meeting on March 16. 2006, the Ohio Elections Commission held a hearing on the referenced complaint filed with it regarding allegations of your use of false statements in campaign materials which you circulated. All parties and legal counsel were present at the hearing. After a full consideration of the evidence presented to it, and your admission, the Commission found that you violated Ohio elections law based on the Ohio Revised Code’s standard of clear and convincing evidence in falst statement cases.

Specifically, a complaint was filed with the Commission alleging that you were responsible for certain campaign materials in the June 14, 2005 Special Primary Election for the House of Representatives seat in the Second Congressional District which used the title “Congressman” in such a manner that it implied that you current held that office, in violation of Ohio law. Numerous such reference were included throughout a variety of campaign materials included printed matter and television and radio advertisements. The commission found that by using these repreated references in the materials, you violated Ohio Revised Code §3517.21(B)(1) by clear and convincing evidence.

As the penalty, the Commission found that good cause exists not to refer the matter for further prosecution to an appropriate County Prosecutor, but instead determined to issue a letter of public reprimand to the committee, pursuant to Ohio Administrative Code 3517-1-14(D).

The Commission is issuing this letter to you as the public reprimand for the violation of R. C. §3517.21(B)(1). The Commission expects that you will not engage in such activities in future campaigns from the date of this letter forward. The findings of the Commission and a copy of this reprimand will become a part of the permanent records of the Commission.

Sincerely,

Catherine Cunningham
Chair

Note: Ms. Cunningham was the only Commissioner to vote “no” in this matter.