OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ... - OPERS

(7) Make a false statement that a candidate or board member has been subjected to
military discipline for criminal misconduct or dishonorably discharged from the armed services;
(8) Falsely identify the source of a statement, issue statements under the name of another
person without authorization, or falsely state the endorsement of or opposition to a candidate by
a person or publication;
(9) Make a false statement concerning the voting record of a candidate or board member;
(10) Post, publish, circulate, distribute, or otherwise disseminate a false statement
concerning a candidate, either knowing the same to be false or with reckless disregard of whether
it was false or not, if the statement is designed to promote the election, nomination, or defeat of
the candidate.
(ENACTED: SB133, Eff. 9/15/04)
Sec. 145.055 Alleged violations of R.C. 145.054
The secretary of state, or any person acting on personal knowledge and subject to the
penalties of perjury, may file a complaint with the Ohio elections commission alleging a
violation of section 145.054 of the Revised Code. The complaint shall be made on a form
prescribed and provided by the commission.
On receipt of a complaint under this section, the commission shall hold a hearing open to
the public to determine whether the violation alleged in the complaint has occurred. The
commission may administer oaths and issue subpoenas to any person in the state compelling the
attendance of witnesses and the production of relevant papers, books, accounts, and reports. On
the refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin county under section 2705.03
of the Revised Code. The court shall hold contempt proceedings in accordance with Chapter
2705. of the Revised Code.
The commission shall provide the person accused of the violation at least seven days
prior notice of the time, date, and place of the hearing. The accused may be represented by an
attorney and shall have an opportunity to present evidence, call witnesses, and cross-examine
witnesses.
At the hearing, the commission shall determine whether the violation alleged in the
complaint has occurred. If the commission determines that a violation of division (A) of section
145.054 of the Revised Code has occurred, the commission shall either impose a fine under
section 145.99 of the Revised Code or enter a finding that good cause has been shown not to
impose the fine. If the commission determines that a violation of division (B) of section 145.054
of the Revised Code has occurred, the commission shall impose the fine described in section
145.99 of the Revised Code, refer the matter to the appropriate prosecutor, or enter a finding that
good cause has been shown not to impose a fine or refer the matter to a prosecutor.
(ENACTED: SB133, Eff. 9/15/04)
Sec. 145.057 Removal of board members
(A) The office of an employee member or retirant member of the public employees
retirement board who is convicted of or pleads guilty to a felony, a theft offense as defined in
section 2913.01 of the Revised Code, or a violation of section 102.02, 102.03, 102.04, 2921.02,
2921.11, 2921.13, 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be
deemed vacant. A person who has pleaded guilty to or been convicted of an offense of that
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