How to file an Elections Complaint

Submitted by lmcshane on Mon, 08/31/2009 - 10:42.

Recently--it was determined that Zack Reed could not use the terminology "RE-ELECT" in his campaign literature.

Here is the language on a similar advisory issued in 1999 over Avon Lake campaign literature:

http://elc.ohio.gov/AdvisoryOpinion/99ELC-05.pdf

If you find similar misuse of the term "REELECT," please file a written complaint with the Ohio Elections Commission. See http://www.elc.oh.gov 

This violates section 3517.21 (B) (1) of the Ohio Revised Code.

http://www.elc.oh.gov/complaint.stm

I plan to file my official complaint today--Anthony Brancatelli is running false advertising in the September 2009 Old Brooklyn News using the term "RE-Elect," when he has never represented the residents of the Old Brooklyn neighborhoods.

Form your own opinion, but if I could, I would--ELECT Olga Sarbinowska
Olga received 30% of the vote in during her campaign for council in 2005.  She is, by no means, a candidate to dismiss in this race.  She is the dark horse we need in Cleveland City Council.

!!!!!!!!!!!!!!!!!!!!!!!!!!

updated 3/3/2012
http://www.cleveland.com/opinion/index.ssf/2012/02/ohio_elections_commis...

( categories: )

Rearranging the deck chairs

  On the Titanic....Okay--I will give credit to the blackhearted, evil one for the appropriate metaphor. 

So how many signatures are required to get on the ballot for the new Cuyahoga Council rep positions?  No one seems to know.

Hearing scheduled

  Just to let any one who cares to know--the Ohio Elections Commission did find a probable cause violation of Ohio Revised Code 3517.21 (B) (1) in the evidence I sent to Columbus--an ad from the Old Brooklyn News in which Anthony Brancatelli uses the campaign language "re-elect" to represent himself to residents in Old Brooklyn.
 

You would think that government would suffice to end there and the party involved would be cautioned to not use the word "re-elect" in their campaign literature.  No--for some reason this now goes to a physical hearing in Columbus.  And, then what?

Lesson learned for me?  Why bother to challenge the system.  I am supposed to spend my own time and money now to get to Columbus and hold up the same piece of paper I submitted as evidence in the first place?  This is how we exercise our rights as citizens?  Why do I have to go through with this? Where are the checks and balances? Afterall, are there any meaningful penalties for violating the Ohio Revised Code?  What happens if the Full Commission decides that there has been a violation? 

In the case of Zack Reed--the oversight provided by the Ohio Elections Commission resulted in a reprimand.  What constitutes a reprimand? 

The upshoot seems to be, as a resident, "why bother?" Afterall, the general election is on November 3rd.  

And, just wondering,why did the complaint to Zack Reed make for Plain Dealer news, when complaints on campaign literature and rulings are being made on several candidates in this redistricted council race?

Is this all just an exercise in futility by design?

I think it might be in the

I think it might be in the wording.  Like if someone was an elected councilman in any ward they can ask to be reelected as a councilman even if it is for a different ward.  Brian Cummins used the same word "reelect" in this campaign literature.  I took it to mean that he has been a councilman in the past and is asking for our votes so he can continue to be a councilman, although not in the same ward.  I quess if there is going to be consequences for using this type of language every council member that has used it would need to be reprimanded.  Personally I don't think it is worth the fight.  Just my opinion. 

It was evidently worth the fight

For those who wanted Zack Reed canned (although he still seems to be going strong) --Reed was reprimanded and publicly poo-poo'd by the PD and I believe Brian Cummins also received a reprimand decision, although it was not given the same exposure in the PD. 

So, why bother to fight this case?  On principle, Ward14.  I agree, it doesn't seem worth it, especially given the local and state political machine that daily rolls over our rights, but I will continue to use my last breath to exercise my first amendment rights.  Re-elect is a strong word and it can not be bandied about and used to create confusion, if it does not truthfully reflect a constituency--as in the case of the redistricting that occurred in Ward 15, soon to be Ward 12.

Whether you agree with me or not--you have those same rights.  Let's not let politicians take those rights away.

 

Clarification on OEC hearing

  I was supoenaed to Columbus last week.  I don't know why or by whom--I am just glad that the panel found my complaint to be valid.

Why was Rick Nagin, not supoenaed?   I have no idea and at this point, I am just glad that my brief attempt to understand the electoral process is hopefully over. 

I did have to endure considerable stress and to rearrange my work schedule and spend close to $200.00 to prepare and get to the hearing.  Is this is how Americans have been conditioned to not participate in the political process? Or, is this just how the system "works" in Ohio?

BTW--I am at home right now and my posts, if anyone bothers to check them are primarily posted in the wee hours of the morning or on my days off, or RARELY at lunch and at break times (only event postings)--note that my opinions do not necessarily reflect the opinions of my employer, my spouse, my cat, my neighbors, my extended family or anyone I happen to acknowledge on the street, bus, etc.

Because of RE-Districting

All sitting CLE council have been cautioned to use the ever-powerful REELECT in their wording- but you will see they will say " RE-Elect "so-and-so" to Cleveland City Council.  If you see the wording used with a specific Ward - please see above experience with Ohio Elections Commission and consider your options.  

Cummins will likely file OEC election complaint - Rick Nagin

From Nelson Cintron on FB: 

Today I received and email from Councilman Cummins who requested an investigation of election fraud . PLEASE READ WHO IS BEHIND THE CORRUPTION AND THE MASTER MINDS TO DESTROYING OUR COMMUNITY AND USING ONE OF OUR OWN LATINOS TO RUN FOR OFFICE TO DO THE WORK FOR THEM. 

Cleveland City Council Ward 14 Election Falsification

Dirty Politics: the Connection of the Cassidy & Santana Campaigns - Ghost Candidate & Vote Splitting

July 31, 2017

Evidence has been submitted to the Cuyahoga county prosecutor's office that documents that Ward 14 candidate

Kyle Cassidy and one of two circulators of his candidacy petitions committed election falsification.

Affidavits document that voters signed petitions that were certified by Kyle Cassidy and petition circulator

Ernest Field as the circulators, but the petitions were circulated and the signatures witnessed by other persons.

These actions represent election falsification, a breach of the State of Ohio Revised Code 3501.38 - General

rules for petitions and declarations of candidacy.

The following additional information has been provided to the Cuyahoga County Democratic Party for

consideration of actions to be taken against Democratic party members of Ward 14 for supporting a Republican

Candidate.

It has been confirmed through a meeting on July 20th with circulator Ernest Field that Rick

Nagin, the Democratic Ward 14 Ward Club Leader played a role in the Cassidy candidate

filing. He requested his friend Ernest Field to assist in gathering signatures to place Cassidy

on the ballot. Ernest Field was paid to circulate the petitions and he certified almost half of

the 200 plus signatures submitted. At the same time, Ernest was also assisting with the

Jasmin Santana campaign as evident by his photo to the right.

During the same time Nagin, as the Democratic Ward Leader, delivered the Ward 14 Democratic endorsement

to candidate Jasmin Santana (7/8/2017), he helped orchestrate Cassidy, a registered Republican’s entry into the

Ward 14 race. Nagin is supporting Santana's campaign. Nagin unsuccessfully challenged Cummins in Council

elections in 2006 and 2009. Nagin then supported candidate Janet Garcia in the 2013 Ward 14 Council Primary

election and the current sitting Ward 16 Councilman Brian Kazy in that year's General election that Cummins

won.

Cassidy was a late entry to the Ward 14 race beginning his petitioning on June 19th just 10 days before the June

29th petition deadline. His campaign did not initially submit a sufficient number of verified signatures (200) to

qualify. And subsequently utilized the additional five days through July 5th to obtain the necessary

signatures. The deadline for filing a protest or challenge to petitions was June 30th. No challenge has been

made to the Board of Elections as there was not sufficient time to do so.

Cassidy is the nephew of Ward 16 Democratic Cleveland City Councilman Brian Kazy. Kazy lost the 2013

Ward 14 general election to Cummins, who is the current Ward 14 Councilman. Kazy was subsequently

appointed to Cleveland City Council in January 2015 as the Ward 16 represented as recommended by outgoing

Council President Marty Sweeney who won an election to the State Legislature.

Four of the six Democratic Ward 14 Club Officers, and Members of the Democratic Party's Executive

Committee that provided the votes for Jasmin Santana's endorsement signed the Cassidy Petitions within a few

weeks of the endorsement - Rick Nagin, Petition #8 Line 19, dated 6/21/17. Note this is one of the very first

petitions circulated by Field and the majority of signatures came from the residential area where Rick Nagin

lives on W42nd St.; Diane Morgan (Ward 14 DEM Club President) 6/21/17 Petition #16 Line 1;

Fredrick Hauret, 6/21/17 Petition #16 Line 4; Suzanne Davidson, 6/21/17 Petition #16 Line 9.

Response from Diane Morgan

Today, August 5, 2017 Brian Cummins sent out an email to his private email list with some very damaging allegations in this attachment

The following is the headline: Cleveland City Council Ward 14 Election Falsification Dirty Politics: the Connection of the Cassidy & Santana Campaigns - Ghost Candidate & Vote Splitting July 31, 2017

He goes on to make a case that he has submitted this information to the Cuyahoga County Prosecutor’s office. If there were in fact violations, these claims should have been sent to the Board of Elections.

This is the part of his email that we would like to address:

The following additional information has been provided to the Cuyahoga County Democratic Party for consideration of actions to be taken against Democratic party members of Ward 14 for supporting a Republican Candidate.

1) This is a non-partisan election. Let me reiterate, this is a non-partisan election. Now, it is clear that Mr. Cassidy is a Democrat according to his voting record. Last spring, he pulled a Republican ballot. Many people pulled Republican ballots to stop Trump. Could that be the case for Mr. Cassidy?

2) Mr. Cummins who was elected as a Democrat, switched parties in the middle of his term to Green Party. Last year, when he realized he needed the support of Democrats, he switched back to Democrat. Does that make him Green Party or Democrat?

3) The switching of parties by Mr. Cummins has left nearly every democrat in Ward 14 with a lack of trust that he really represents the party, so for him to cry, they supported a Republican in like the boy who cried wolf.

It has been confirmed through a meeting on July 20th with circulator Ernest Field that Rick Nagin, the Democratic Ward 14 Ward Club Leader played a role in the Cassidy candidate filing. He requested his friend Ernest Field to assist in gathering signatures to place Cassidy on the ballot. Ernest Field was paid to circulate the petitions and he certified almost half of the 200 plus signatures submitted.

1) Ernie is a long time friend of Rick Nagin’s, that is not contested. He doesn’t live in the ward, but one thing he likes to do is circulate petitions. If he circulated petitions on behalf of Mr. Cassidy, that is his choice, last we looked, there was no law against getting candidates on the ballot.

2) Ernie confirmed that Mr. and Mrs. Cummins paid him a visit to “get to the bottom of this” and threatened to get Rick Nagin for supporting a Republican, trying to intimidate him.

3) Was Ernie Paid to circulate petitions? I don’t know, but is there a law against that? Just about every candidate in the city this election has paid canvassers. Where is the crime?

At the same time, Ernest was also assisting with the Jasmin Santana campaign as evident by his photo to the right.

 

1) On 2 occasions in July, Ernie came out to canvass with another volunteer for the campaign. Neither were paid, it was volunteer work. That, too, is his right. During the same time Nagin, as the Democratic Ward Leader, delivered the Ward 14 Democratic endorsement to candidate Jasmin Santana (7/8/2017), he helped orchestrate Cassidy, a registered Republican’s entry into the Ward 14 race. Nagin is supporting Santana's campaign. 1) The Executive Committee of the Ward 14 Democratic Club, freely and willingly supported Jasmin Santana for the endorsement.

2) These allegations against Rick Nagin are unproven and are libelous. Mr. Nagin is free to support any candidate he chooses.

Nagin unsuccessfully challenged Cummins in Council elections in 2006 and 2009. Nagin then supported candidate Janet Garcia in the 2013 Ward 14 Council Primary election and the current sitting Ward 16 Councilman Brian Kazy in that year's General election that Cummins won. Cassidy was a late entry to the Ward 14 race beginning his petitioning on June 19th just 10 days before the June 29th petition deadline. His campaign did not initially submit a sufficient number of verified signatures (200) to qualify. And subsequently utilized the additional five days through July 5th to obtain the necessary signatures. The deadline for filing a protest or challenge to petitions was June 30th. No challenge has been made to the Board of Elections as there was not sufficient time to do so. Cassidy is the nephew of Ward 16 Democratic Cleveland City Councilman Brian Kazy. Kazy lost the 2013 Ward 14 general election to Cummins, who is the current Ward 14 Councilman. Kazy was subsequently appointed to Cleveland City Council in January 2015 as the Ward 16 represented as recommended by outgoing Council President Marty Sweeney who won an election to the State Legislature.

1) Not sure what that is about, except sour grapes and a vendetta Mr. Cummins might have.

Four of the six Democratic Ward 14 Club Officers, and Members of the Democratic Party's Executive Committee that provided the votes for Jasmin Santana's endorsement signed the Cassidy Petitions within a few weeks of the endorsement - Rick Nagin, Petition #8 Line 19, dated 6/21/17. Note this is one of the very first petitions circulated by Field and the majority of signatures came from the residential area where Rick Nagin lives on W42nd St.; Diane Morgan (Ward 14 DEM Club President) 6/21/17 Petition #16 Line 1; Fredrick Hauret, 6/21/17 Petition #16 Line 4; Suzanne Davidson, 6/21/17 Petition #16 Line 9.

1) This year, I personally have signed countless petitions, many Mayoral petitions, candidates, helped with Fair Districts petitions, circulated the Q petitions, and more. The last time I looked, any elector is able to sign a petition if they live in the area of the petition. Plus, it is the right of a citizen who is eligible to seek an office and circulate petitions. Being a member of the Democratic Ward Club does not prohibit members or precinct committee members or executive committee members from signing petitions, especially in a non-partisan election.

2) The signature on the lines of the petition show that they signed them at different times, not as a group, so, 4 members of the ward club signed at different times, out of hundreds, where is the wrong in that?