The Ohio Elections Commission was created in 1974 in response to the Watergate scandal in the early 1970s. Like the Federal Election Commission, the Ohio Commission was created to enforce the state’s campaign finance and fair campaign practices laws. The Ohio Elections Commission has seven members. Six members (three from each major political party in Ohio) are appointed by the Governor upon recommendation by the Democratic and Republican caucuses of the General Assembly. The seventh member may not be affiliated with either major political party and is appointed by the six partisan members of the Commission.

The Ohio Elections Commission provides advice on Ohio election laws, but it does not have investigative powers. It functions like a court, adjudicating complaints from the Ohio Secretary of State, the county Boards of Elections, or members of the public. The vast majority of its cases deal with candidates, campaign committees, political action committees (PACs), or corporations that either file required campaign finance reports late or fail to file them at all. The remainder of the cases concern alleged failures to include disclaimers on political literature, corporate activities in the political arena, or the inclusion of false statements in campaign materials.

According to the Ohio Elections Commission website individuals may file a complaint only if they have direct knowledge of an election or campaign finance misdeed. This makes enforcement of campaign finance and election laws extremely difficult. In 2004, for instance, the Ohio Elections Commission dismissed a complaint filed by Democrat Larry McCartney against former Speaker of the Ohio House Larry Householder. McCartney accused Householder and other Republicans of using three county parties to launder contributions to avoid contribution limits. McCartney’s complaint was based on “following the money” and newspaper reports, but he did not have personal knowledge. The Ohio Elections Commission dismissed the case and refused to probe further.

Ohio’s campaign finance law is complicated and the Ohio Elections Commission offers advisory opinions for political actors but does not post these advisories in a timely fashion.