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Friday, November 04, 2016

update: this story was picked up by the electionlawblog, although without a linkback to this post.

http://www.cincinnati.com/story/news/politics/elections/2016/11/03/ohio-gop-files-election-complaint-against-democratic-party/93233808/

Ohio GOP files FEC disclaimer complaint against Ohio Democratic Party.
Developing.
My first question is whether the Ohio Democratic Party is a corporation. If so, this case might be covered under Citizens United, which upheld one particular corporate disclaimer rule, under unique circumstances unlikely to be repeated. We don't yet know how general a rule the court was setting out, except that it is limited to corporations.

But if not a corporation, the Ohio GOP is illegally conspiring to violate clearly established First Amendment rights under McIntyre v Ohio (1995) and Talley v California (1960).
https://www.law.cornell.edu/supct/html/93-986.ZO.html
https://supreme.justia.com/cases/federal/us/362/60/case.html

Because the investigation is open, it's not public on the FEC.gov site.
So far I haven't found the complaint online anywhere.
The state party site is at least a year out of date, but has some nice features like https://www.ohiogop.org/your-local-gop/

Here's an example of a disclaimer, likely to be compelled speech:
OHIO REPUBLICAN PARTY, 211 SOUTH FIFTH STREET COLUMBUS, OH 43215, MATTHEW BORGES, CHAIRMAN 
PAID FOR BY THE OHIO REPUBLICAN PARTY WWW.OHIOGOP.ORG
NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE COMMITTEE.



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