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IN THE OHIO ELECTIONS COMMISSION

JENNIFER ANNE ELICSON :


4550 Bimini Drive :
Gahanna, Ohio 43230 :
:
Complainant, : Case No. ______________
:
vs :
:
OHIO REPUBLICAN PARTY :
211 South Fifth Street :
Columbus, Ohio 43215 :
:
and :
:
KEVIN DeWINE :
Chairman, Ohio Republican Party :
211 South Fifth Street :
Columbus, Ohio 43215 :
:
Respondents. :

AFFIDAVIT AND COMPLAINT

STATE OF OHIO )
) SS.
COUNTY OF FRANKLIN )

I, Jennifer Anne Elicson, having been duly cautioned and sworn, state as follows:

1. I have personal knowledge concerning the facts contained in this Affidavit and am
competent to testify concerning the same.
2. I make this Complaint pursuant to Ohio Revised Code Section 3517.153.
3. Respondent, Ohio Republican Party is a political party as defined by Ohio
Revised Code Section 3517.01.
4. The controlling committee of the Ohio Republican Party is the State Republican
Central Committee as provided in Ohio Revised Code Section 3517.03.
5. Respondent, Kevin DeWine is the Chairman of the Ohio Republican Party.
6. The Ohio Republican State Central Committee has not delegated to anyone except
itself the right to issue endorsements (in the name of the Ohio Republican State
Central Committee or the Ohio Republican Party) in races for the Republican
State Central Committee.
7. The Ohio Republican State Central Committee has not issued endorsements in
any races for Ohio Republican State Central Committee this year. Further, the
Ohio Republican State Central Committee has not even met to consider
endorsements in these races this year.
8. I am a candidate for the female seat for the Republican State Central Committee
for the 3rd District of Ohio, a seat representing parts of Franklin County.
9. My opponent for this race is Jo Ann Davidson.
10. The Ohio Republican Party has printed, published, promulgated, mailed and
otherwise distributed the publication attached hereto as Exhibit A-1 and Exhibit
A-2 (as to the 3rd District).
11. The postcard promoting candidate Jo Ann Davidson (3rd District) (Exhibit A-1)
states “Your 2010 Endorsed Republican Team” above the respective candidate’s
name. The words “Jo Ann Davidson For State Central Committee” were added to
said postcard with inkjet printing by the Ohio Republican Party, or their agent.
12. Jo Ann Davison has not been endorsed by the Ohio Republican Party.
13. The postcard attached as Exhibit A-1 and Exhibit A-2 above is designed,
promulgated, posted and utilized in order to obtain votes for Jo Ann Davidson, in
the May 4, 2010 election for Republican State Central Committee, and as a result
are intended to influence the outcome of the May 4, 2010 election.
14. The text of such postcards, either printed by press, or applied later by inkjet
printer, states, implies and infers that Jo Ann Davidson has obtained the
endorsement of the Ohio Republican party for such seat.
15. Such text would lead a reader of typical information and intelligence to believe
that Jo Ann Davidson has obtained the endorsement of the Ohio Republican Party
for such seat.

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16. The statement set forth in paragraph 11, above, constitutes “falsely stat[ing] the
endorsement of or opposition to a candidate by a person . . ..” in violation of Ohio
Revised Code Section 3517.21(B)(8).
17. Each of these statements set forth in Exhibit A-1 and Exhibit A-2 constitutes the
“[p]ost[ing], publish[ing], circulat[ing], distribut[ion], [and] [] disseminat[ion] a
false statement concerning a candidate, either knowing the same to be false or
with reckless disregard of whether it was false or not” and was designed to
“promote the election . . . of” of the respective candidates in violation of Ohio
Revised Code Section 3517.21(B)(10).
18. Each of the statements set forth in Exhibit A-1 and Exhibit A-2 are false and
were made by the respective Respondents with knowledge – or in reckless
disregard – of their falsity, in violation of O.R.C. §3517.21(B)(3), (B)(8) and
(B)(10).
19. These statements were made by the Ohio Republican Party and Kevin DeWine
“during the course of a campaign for nomination or election to public office . . .
with intent to affect the outcome of such campaign.”
20. There are dozens of contested races for Republican State Central Committee
throughout the State of Ohio. The Ohio Republican Party has made similar
knowing and false statements promoting certain candidates in those races,
claiming that one was “endorsed by the Ohio Republican Party,” when the same is
not true in those races either.
Further Affiant saieth naught.

[Jennifer Anne Elicson]

Sworn to before me and subscribed in my presence this _____ day of April, 2010.

Notary Public

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EXHIBIT A-1

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EXHIBIT A-2

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