Chapter 111:2-6 | Proceedings Before the Ohio Election Integrity Commission

Rule 111:2-6-01 | Scope, applicability and construction of rules.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Applicability.

This chapter prescribe the procedure to be followed in all matters before the ohio election integrity commission, whether brought by referral pursuant to section 3517.16 of the Revised Code or by request for advisory opinion pursuant to divisions (B)(2) and (D) of section 3517.15 of the Revised Code.

(B) Construction.

This chapter shall be construed and applied to effect due process, just results, fair, impartial, speedy and sure administration, simplicity in procedure, elimination of delay, unnecessary expense and all other impediments to the expeditious administration of the election laws under the jurisdiction of the commission.

Last updated February 19, 2026 at 7:39 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.15, 3517.16
Five Year Review Date: 2/19/2031

Rule 111:2-6-02 | Request for Advisory Opinions.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Request for advisory opinion.

Each request for an advisory opinion shall be made in writing, and be in substantial compliance (as determined by the administrator or chairperson) with the following format:

(1) Typewritten, double-spaced, in no less than twelve-point font size, on 8.5 x 11 inch white paper, and containing no more than five pages excluding exhibits;

(2) Clearly set forth the legal names and full residence and/or business addresses and telephone numbers of the person(s) making the request;

(3) Clearly set forth a hypothetical fact pattern upon which the commission's advice is requested and describe, in general, all parties involved in the hypothetical fact pattern, whether individuals, committees, organizations, legislative campaign funds, or others. The request must include the legal name, title and address of the individual, treasurer, officer, member or agent responsible for the request and contain by attachment all sample exhibits and other documents which the commission will need to render its opinion;

(4) Clearly set forth each and every separate element or section of Ohio elections law upon which the commission's advice is requested, in a narrative form, cross-referenced to the relevant Revised Code section(s);

(5) Clearly cite every known relevant prior advisory opinion(s) from the Ohio election integrity commission and/or relevant legal authority.

(6) Clearly set forth sufficient evidence that the requesting party is an Ohio elector over whose acts the commission has or may have jurisdiction or who is requesting advice on behalf of an entity over whose acts the commission has or may have jurisdiction;

(7) Requesting parties may submit a memorandum in support of the request. Such memorandum shall be no more than twelve pages;

(8) Advisory opinions of the commission may not be applied retroactively;

(9) In the letter requesting the opinion, the requesting party shall demonstrate, to the sufficiency of the administrator for the commission, that the request is made in good faith. If the requesting party does not establish to the sufficiency of the administrator that the request is being made in good faith, the administrator shall recommend to the commission that an opinion not be issued;

(10) Any request that does not sufficiently establish any of the elements in this paragraph shall be denied and a reason for the denial shall be provided to the requesting party.

(B) Any non-complying or insufficient request for advisory opinion shall be first entered into the records of the commission and then returned electronically to the submitting party with a notice detailing the insufficiency. The submitting party shall have fourteen calendar days from the date of the notice in which to resubmit satisfactory documents. If the request for advisory opinion is not timely resubmitted, such request for advisory opinion may be dismissed without prejudice.

(C) The administrator or the commission may request additional information from the submitting party and the submitting party shall have fourteen calendar days from the date of the notice in which to submit the requested information.

(D) The administrator or designee shall assign a separate unique designation to all opinions issued by the commission. After each case has received its designation, any correspondence with the commission shall include this designation.

Last updated February 19, 2026 at 7:39 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.15
Five Year Review Date: 2/19/2031

Rule 111:2-6-03 | Service of documents commencing proceedings.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Who may be served.

Complaints shall be served upon respondents as detailed in this rule and otherwise in conformity with section 119.05 of the Revised Code.

(B) Preparation of process.

A copy of the complaint, a notification of where the rules and statutes governing the jurisdiction and proceedings of the commission can be accessed, a notice of the determination or recommendation made by the secretary of state, as appropriate, including any date set by the commission to take action on the complaint, and any other necessary documents, shall be provided by the commission to the parties in the complaint by service at the address set forth in the complaint.

(C) Subsequent notice.

Notice by the commission, subsequent to initial filing and service of the complaint, shall be by electronic mail or regular U.S. mail, postage pre-paid.

(D) Notice of disposition.

Notice of disposition or adjudication of a matter, or any part thereof, by the commission shall be served upon the party adversely affected by any method permitted pursuant to section 119.05 of the Revised Code. Any appeals shall be made based on the date of receipt by the affected party.

Last updated February 19, 2026 at 7:39 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031

Rule 111:2-6-04 | Service and filing of subsequent pleadings and documents.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Response.

Any party that is the subject of a complaint referred to the commission for a hearing as provided in section 3517.17 of the Revised Code that is not given the expedited process, shall file a response on the merits, or on commission jurisdiction, with the commission within fourteen calendar days of the receipt of the complaint. Said response shall be filed in writing.

(B) Required service.

Except as otherwise provided in these rules, every motion, every pleading subsequent to the initial complaint, every paper relating to discovery (except requests for issuance of subpoenas), every document filed with the commission, every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties by the party making the filing. The party making the service shall maintain a certificate of service, authenticated by the USPS or by electronic service, that such service was made by use of mail service or electronic service. No service need be made on parties in default for failure to appear or respond, except that pleadings asserting new or additional claims against them shall be served upon them in the manner set forth in rule 111:2-6-03 of the Administrative Code.

Last updated February 19, 2026 at 7:38 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031

Rule 111:2-6-05 | Time.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Extension of time; continuance.

(1) Before a continuance is granted by the commission, the party seeking the continuance shall request the consent of the other party for such continuance. If the parties mutually agree on the continuance, the parties shall submit a joint motion for continuance, in writing, which will be considered by the commission. If there is no agreement of the parties, the requesting party shall specify the efforts by parties to meet and confer in good faith, to reach resolution, which shall at minimum include a telephonic conversation, and be made in writing to the commission and which shall be considered by the commission.

(2) No extension of time or continuance will be granted unless timely submitted, in writing, and approved by the administrator to the commission, the hearing officer, or the chairperson of the commission. The commission may grant extensions of time in a manner consistent with the provisions of section 3517.17 of the Revised Code. Parties appearing before the commission will not be summarily granted any continuance without good cause. At such time as a continuance is granted, the date to which the continuance will be made will be determined and notice will be sent to all parties pursuant to rule 111:2-6-03 of the Administrative Code.

(B) Hearing, motions, subsequent filings.

(1) Hearing.

A hearing on the complaint shall be held within a reasonable time following notice thereof to the parties and/or counsel, unless such notice is waived by all parties and/or counsel to the parties.

(2) Motions.

Motions and supporting affidavits and/or supporting documents shall be served upon and received by other parties and/or counsel, and received by the commission no later than seven business days prior to the date set for hearing. Responsive affidavits and documents shall be served upon and received by other parties and/or counsel and received by the commission no later than three business days prior to the date set for hearing. The filing of any motions not addressed within these rules, or outside of the time permitted by this chapter, is subject to the discretion of the hearing officer or the chairperson, as applicable.

(3) Subsequent filings.

Unless otherwise allowed by these rules or by the hearing officer or the chairperson, as applicable, all filings must be submitted three business days prior to the relevant hearing or commission meeting.

Last updated February 19, 2026 at 7:40 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031

Rule 111:2-6-07 | Ohio Election Integrity Commission Proceedings.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) Hearings before the hearing officer.

(1) When a hearing is required pursuant to division (E)(3) of section 3517.16 of the Revised Code, such hearing shall be scheduled within a reasonable time. Parties may request that a hearing is expedited or continued for good cause, but such requests are subject to the discretion of the administrator of the commission, hearing officer, or chairperson of the commission, respectively.

The secretary of state's office may be a complainant or co-complainant in any case before the commission.

(2) Prior to requesting a motion to compel discovery, parties shall reasonably submit to the request of another party and produce the necessary documents, information or other discovery items without the intervention of commission staff or by use of any of the powers available to the commission. If such efforts fail, an aggrieved party may petition the hearing officer to compel the necessary discovery, which request may be granted at the discretion of the hearing officer.

(B) The hearing before the hearing officer.

(1) All parties and counsel shall observe usual decorum as would be expected in a courtroom. The hearing officer shall rule as to admissibility of evidence and/or other matters subject to objection or regarding the conduct of the hearing.

(2) The hearing officer shall call the case by caption and case number and request that the parties, and any counsel for the respective parties, identify themselves and indicate their presence;

(3) The parties shall identify any and all witnesses expected to be called, which witnesses will be sworn to give truthful testimony by the hearing officer. Any party intending to give testimony must be so sworn. A party may then request separation of witnesses;

(4) The secretary of state's office shall present the results of its investigation into the matter by entering the report created pursuant to division (C) of section 3517.16 of the Revised Code into the record, subject to any redactions or exclusions permitted or required under section 149.43 of the Revised Code, and entering any evidence supporting its report. The testimony of witnesses and presentation of evidence shall then occur as otherwise described in this rule;

(5) Parties may make opening statements, as directed by the hearing officer, briefly outlining their cases;

(6) The hearing officer shall direct the testimony of witnesses and presentation of evidence by the parties. Parties shall examine and cross-examine witnesses who shall then be subject to questioning by the hearing officer. Re-direct and re-cross examination of each witness shall continue at the direction of the hearing officer and in a manner which assures fairness and equity to all parties;

(7) At the conclusion of the complainant's case, a respondent may move to dismiss some or all of the allegations for which the respondent asserts that the complainant did not produce sufficient evidence. The hearing officer will consider such motion and take action consistent with the evidence presented;

(8) At the conclusion of the respondent's case, a complainant may request an opportunity to present rebuttal witnesses and evidence, which presentation shall be at the reasonable discretion of the hearing officer;

(9) Parties may make closing statements briefly summarizing their cases and the evidence presented;

(10) At the conclusion of the presentation of witnesses and evidence by the parties, the hearing officer may:

(a) Leave the record open and continue deliberations for the purpose of securing documents or testimony as the hearing officer determines to be necessary in order to effect a just result;

(b) Continue the matter for additional time to allow consideration of the record established by the parties as the hearing officer determines to be necessary in order to effect a just result;

(c) Proceed to draft a report and recommendations pursuant to division (A)(1) of section 3517.17 of the Revised Code, and submit such report and recommendation to the commission.

(C) Subpoenas issued by the hearing officer.

(1) A party may file a request for issuance of subpoenas and subpoenas duces tecum or a motion to quash such subpoena and shall do so in a timely manner. The party must include a certification that the party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without action of the hearing officer. All such requests or motions are subject to the reasonable discretion of the hearing officer.

(2) The hearing officer may issue a subpoena to any person in the state compelling the attendance of such person and the production of relevant papers, books, reports, and other documents at any proceedings before the hearing officer which shall aid the hearing officer in assuring a just, fair, and equitable disposition by the commission. The fees and mileage of the sheriff and subpoenaed witnesses shall be the same as that allowed in the court of common pleas in civil cases in the Franklin county court of common pleas. Fees and mileage shall be paid in the same manner as other expenses of the commission are paid. In order to receive payment for fees and mileage, a subpoenaed witness must submit an application on a form prescribed by the commission.

(D) Rules of evidence for hearing before the hearing officer.

(1) Application of these rules is subject to the reasonable discretion of the hearing officer, whose exercise of such discretion shall be as the interests of justice require.

(2) Prior to the hearing, the parties and/or their counsel are expected to file with the hearing officer a joint, written stipulation as to all matters not at issue and all exhibits which may be introduced without objection.

(3) The hearing officer shall consider all applicable legal privileges, including the privilege against self-incrimination and any other legally recognized privilege under state or federal law.

(4) The hearing officer shall take into account all reliable, probative and material evidence submitted by the parties. The hearing officer may exclude evidence which is cumulative, duplicative or irrelevant and hearsay evidence which lacks indices of reliability.

(5) The hearing officer may accept affidavits into the record. Affidavits offered at a hearing may be excluded by the hearing officer if a party's case will be prejudiced by the absence of an opportunity for cross-examination of the affiant. An affiant's address must be included in or accompany the affidavit.

(6) The hearing officer may accept into the record documents prepared by or file-stamped by the secretary of state, a board of elections, or any other Ohio governmental body, without the necessity for formal certification by such body. Documents which lack the proper certification may be excluded by the hearing officer if a party's case will be prejudiced by the absence of such certification or the documents lack the necessary indices of reliability without such certification. Such determination will be made by the hearing officer at such hearing.

(7) All exhibits shall be consecutively lettered or numbered by the commission as they are received in the office of the commission or at a hearing. Exhibits in support of the allegations shall be lettered. Exhibits submitted by respondents shall be numbered. Exhibits in any preliminary proceeding are carried forward to any hearing in the same case and need not be re-offered at the hearing. The commission may accept copies of documents in lieu of originals.

(8) Unless specifically excluded by the hearing officer, evidence is made a part of the record. A party may proffer evidence excluded by the hearing officer at the time of its exclusion or at the conclusion of the hearing.

(E) Ohio election integrity commission meeting.

Upon review of the report and recommendation of the hearing officer, the commission may refer the matter back to the hearing officer for further investigation and a revised recommendation pursuant to section 3517.17 of the Revised Code. If the commission finds that no violation has occurred, the case is complete and the parties shall be dismissed. If the commission finds that a violation has occurred, it shall either impose a penalty in accordance with section 3517.171 of the Revised Code, or refer the matter to the appropriate county prosecutor in accordance with division (B) of section 3517.17 of the Revised Code.

Last updated February 19, 2026 at 7:40 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031

Rule 111:2-6-09 | Reconsideration of commission decisions.

• Effective: February 19, 2026
• Promulgated Under: 119.03

(A) A party adversely affected by a finding of the commission may request reconsideration of the finding by submitting a letter requesting that the commission reconsider its finding within fourteen calendar days of the receipt of the notice of disposition.

(B) In order to assure just results, the commission may reconsider a finding pursuant to paragraph (A) of this rule if, in the reasonable discretion of the administrator to the commission, that finding of the commission did not give proper due process, or imposed an undue burden on a party before the commission. However, no reconsideration shall be granted after the earlier of either the fourteenth calendar day following the receipt of the notice of disposition, or the time by which the commission shall have acted pursuant to division (A) of section 3517.17 of the Revised Code.

Last updated February 19, 2026 at 7:40 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031

Rule 111:2-6-10 | Definitions.

• Effective: February 19, 2026
• Promulgated Under: 119.03

As used in this chapter:

(A) "Standard of proof" means, with respect to alleged violations of provisions of the Revised Code listed in division (A) of section 3517.15 of the Revised Code, "preponderance of the evidence"; except with respect to alleged violations of divisions (A) and (B) of sections 3517.21 and/or 3517.22 of the Revised Code, "clear and convincing evidence."

(B) "Affidavit" means a sworn statement verified and sealed by a notary public and including as a portion of the jurat the following language, "sworn to and subscribed in my presence" and in a form substantially in accordance with section 2935.19 of the Revised Code.

(C) "Complainant(s)" means either the person(s) making the complaint or the secretary of state's office.

(D) "Respondent(s)" means the person(s) alleged to have violated Ohio election law.

(E) "Filed" or "filing" means the date and time when an item is received by the secretary of state's office or the commission, as applicable, or when accepted by a hearing officer or accepted at any meeting held by the commission. Except as permitted by a hearing officer or the commission, "filed" or "filing" requires electronic submission.

(F) "Costs" of the commission shall include but not be limited to the following expenses:

(1) Mailing charges for any notice or letter sent;

(2) Delivery charges incurred in notifying and informing commission members;

(3) Expenses incurred by a commission member for attending the meeting;

(4) Services of a court reporter;

(5) Any rental charges incurred for any reason directly allocable to the case;

(6) Subpoena fees and charges whether incurred by the commission or on behalf of the commission;

(7) Reasonable attorney fees as determined by the commission and as allowed by the Revised Code.

Last updated February 19, 2026 at 7:40 AM

Supplemental Information

Authorized By: 3517.14
Amplifies: 3517.17
Five Year Review Date: 2/19/2031