Ohio Revised Code

Ohio Rev. Code § 3517.21 (2026)

Infiltration of campaign - false statements in campaign materials - election of candidate

✓ current as of May 2026
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(A) No person, during the course of any campaign for nomination or election to public office or office of a political party, shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Serve, or place another person to serve, as an agent or employee in the election campaign organization of a candidate for the purpose of acting to impede the conduct of the candidate's campaign for nomination or election or of reporting information to the employee's employer or the agent's principal without the knowledge of the candidate or the candidate's organization;

(2) Promise, offer, or give any valuable thing or valuable benefit to any person who is employed by or is an agent of a candidate or a candidate's election campaign organization for the purpose of influencing the employee or agent with respect to the improper discharge of the employee's or agent's campaign duties or to obtain information about the candidate or the candidate's campaign organization.

(B) No person, during the course of any campaign for nomination or election to public office or office of a political party, by means of campaign materials, including sample ballots, an advertisement on radio or television or in a newspaper or periodical, a public speech, press release, or otherwise, shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Use the title of an office not currently held by a candidate in a manner that implies that the candidate does currently hold that office or use the term "re-elect" when the candidate has never been elected at a primary, general, or special election to the office for which he or she is a candidate;

(2) Make a false statement concerning the formal schooling or training completed or attempted by a candidate; a degree, diploma, certificate, scholarship, grant, award, prize, or honor received, earned, or held by a candidate; or the period of time during which a candidate attended any school, college, community technical school, or institution;

(3) Make a false statement concerning the professional, occupational, or vocational licenses held by a candidate, or concerning any position the candidate held for which the candidate received a salary or wages;

(4) Make a false statement that a candidate or public official has been indicted or convicted of a theft offense, extortion, or other crime involving financial corruption or moral turpitude;

(5) Make a statement that a candidate has been indicted for any crime or has been the subject of a finding by the Ohio elections commission, the secretary of state, or the Ohio election integrity commission without disclosing the outcome of any legal proceedings resulting from the indictment or finding;

(6) Make a false statement that a candidate or official has a record of treatment or confinement for mental disorder;

(7) Make a false statement that a candidate or official 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 public official;

(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.

As used in this section, "voting record" means the recorded "yes" or "no" vote on a bill, ordinance, resolution, motion, amendment, or confirmation.

Last updated July 29, 2025 at 12:25 PM

Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1997–2022 · leading case: Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016).
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Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016). · cites it 13× “” Ohio Rev.Code § 3517.21(B). Any person, including the Secretary of State or a Board of Elections official, may file a complaint with the Commission alleging a violation of the political false-statements laws.”
McKimm v. Ohio Elections Comm'n, 729 N.E.2d 364 (Ohio 2000). · cites it 8× “The commission must apply a standard of clear and convincing evidence with respect to findings under R.C. 3517.21. R.C. 3517.155(D). Former R.”
Chamber of Com. of the United States v. Ohio Elections Comm'n, 135 F. Supp. 2d 857 (S.D. Ohio 2001). · cites it 15× “Section 3517.21, on the other hand, can be fairly interpreted to prohibit defamatory statements.”
List v. Ohio Elections Comm'n, 45 F. Supp. 3d 765 (S.D. Ohio 2014). · cites it 17× “Procedurally, “any person” may file a complaint with the OEC alleging a violation of these political false-statements laws. Ohio Rev.”
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). · cites it 73× “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
McKimm v. Ohio Elections Comm., 2000 Ohio 118 (Ohio 2000). · cites it 11× “Specifically, Gonzalez alleged that McKimm violated R.C. 3517.21, which provides: “(B) No person, during the course of any campaign for nomination or election to public office or office of a political party, by means of campaign materials, * * * shall knowingly and with intent…”
Team Working for You v. Ohio Elections Comm'n, 754 N.E.2d 273 (Ohio Ct. App. 2001). · cites it 9× “She disseminated only a card and a letter as campaign materials, neither of which discuss industrial growth in Macedonia.”
Flannery v. Ohio Elections Comm'n, 804 N.E.2d 1032 (Ohio Ct. App. 2004). · cites it 6× “{¶ 1} Ohio Elections Commission (“commission”), appellant, appeals from a judgment of the Franklin County Court of Common Pleas, in which it reversed the decision of the commission and found that Bryan Flannery, appellee, did not violate R.C. 3517.21(B). {¶ 2} Kenneth Blackwell…”
Ohio Elections Comm'n v. Ohio Chamber of Com., 817 N.E.2d 447 (Ohio Ct. App. 2004). · cites it 4× “21(B) provides that no person "shall knowingly and with intent to affect the outcome of such campaign * * * (9) [m]ake a false statement concerning the voting record of a candidate or public official; (10) [p]ost, publish, circulate, distribute, or otherwise disseminate a false…”
Rickert v. Pub. Disclosure Comm'n, 161 Wash. 2d 843 (Wash. 2007). · cites it 3× “§ 13-37-131 (LexisNexis); Ohio Rev. Code Ann. § 3517.21 (LexisNexis); Or.”
Disciplinary Couns. v. Tamburrino (Slip Opinion), 2016 Ohio 8014 (Ohio 2016). · cites it 2× “See R.C. 3517.21(B)(10) and 3517.992(V). Our judicial-conduct rules were not at issue.”
Common Cause/Ohio v. Ohio Elections Comm'n, 779 N.E.2d 766 (Ohio Ct. App. 2002). · cites it 2× “In this case, the commission relied upon Buckley , apparently concluding that the political ads in question were protected speech under the First Amendment and that any decision that found a violation of R.C. 3517.21 and/or 3517.22, regulating unfair political campaign…”
Show all 26 citing cases →
— Ohio Rev. Code § 3517.21(A) — 1 case
Proj. Veritas v. Ohio Elections Comm'n (S.D. Ohio 2019).
— Ohio Rev. Code § 3517.21(A)(1) — 1 case
Proj. Veritas v. Ohio Elections Comm'n (S.D. Ohio 2019).
— Ohio Rev. Code § 3517.21(B) — 10 cases
Chamber of Com. of the United States v. Ohio Elections Comm'n, 135 F. Supp. 2d 857 (S.D. Ohio 2001). “Section 3517.21, on the other hand, can be fairly interpreted to prohibit defamatory statements.”
Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016). “” Ohio Rev.Code § 3517.21(B). Any person, including the Secretary of State or a Board of Elections official, may file a complaint with the Commission alleging a violation of the political false-statements laws.”
McKimm v. Ohio Elections Comm'n, 729 N.E.2d 364 (Ohio 2000). “The commission must apply a standard of clear and convincing evidence with respect to findings under R.C. 3517.21. R.C. 3517.155(D). Former R.”
Flannery v. Ohio Elections Comm'n, 804 N.E.2d 1032 (Ohio Ct. App. 2004). “{¶ 1} Ohio Elections Commission (“commission”), appellant, appeals from a judgment of the Franklin County Court of Common Pleas, in which it reversed the decision of the commission and found that Bryan Flannery, appellee, did not violate R.C. 3517.21(B). {¶ 2} Kenneth Blackwell…”
Blankenship v. Blackwell, 341 F. Supp. 2d 911 (S.D. Ohio 2004).
— Ohio Rev. Code § 3517.21(B)(1) — 1 case
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(10) — 16 cases
Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016). “” Ohio Rev.Code § 3517.21(B). Any person, including the Secretary of State or a Board of Elections official, may file a complaint with the Commission alleging a violation of the political false-statements laws.”
McKimm v. Ohio Elections Comm'n, 729 N.E.2d 364 (Ohio 2000). “The commission must apply a standard of clear and convincing evidence with respect to findings under R.C. 3517.21. R.C. 3517.155(D). Former R.”
McKimm v. Ohio Elections Comm., 2000 Ohio 118 (Ohio 2000). “Specifically, Gonzalez alleged that McKimm violated R.C. 3517.21, which provides: “(B) No person, during the course of any campaign for nomination or election to public office or office of a political party, by means of campaign materials, * * * shall knowingly and with intent…”
Team Working for You v. Ohio Elections Comm'n, 754 N.E.2d 273 (Ohio Ct. App. 2001). “She disseminated only a card and a letter as campaign materials, neither of which discuss industrial growth in Macedonia.”
List v. Ohio Elections Comm'n, 45 F. Supp. 3d 765 (S.D. Ohio 2014). “Procedurally, “any person” may file a complaint with the OEC alleging a violation of these political false-statements laws. Ohio Rev.”
— Ohio Rev. Code § 3517.21(B)(2) — 1 case
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(4) — 2 cases
Flannery v. Ohio Elections Comm'n, 804 N.E.2d 1032 (Ohio Ct. App. 2004). “{¶ 1} Ohio Elections Commission (“commission”), appellant, appeals from a judgment of the Franklin County Court of Common Pleas, in which it reversed the decision of the commission and found that Bryan Flannery, appellee, did not violate R.C. 3517.21(B). {¶ 2} Kenneth Blackwell…”
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(6) — 1 case
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(7) — 1 case
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(8) — 2 cases
Hummel v. Ohio Elections Comm'n, 706 N.E.2d 416 (Ohio Ct. App. 1997).
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
— Ohio Rev. Code § 3517.21(B)(9) — 6 cases
Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016). “” Ohio Rev.Code § 3517.21(B). Any person, including the Secretary of State or a Board of Elections official, may file a complaint with the Commission alleging a violation of the political false-statements laws.”
List v. Ohio Elections Comm'n, 45 F. Supp. 3d 765 (S.D. Ohio 2014). “Procedurally, “any person” may file a complaint with the OEC alleging a violation of these political false-statements laws. Ohio Rev.”
Ohio Elections Comm'n v. Ohio Chamber of Com., 817 N.E.2d 447 (Ohio Ct. App. 2004). “21(B) provides that no person "shall knowingly and with intent to affect the outcome of such campaign * * * (9) [m]ake a false statement concerning the voting record of a candidate or public official; (10) [p]ost, publish, circulate, distribute, or otherwise disseminate a false…”
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
Susan List v. Steven Driehaus (6th Cir. 2016).
— Ohio Rev. Code § 3517.21(C) — 7 cases
Susan B. Anthony List v. Driehaus, 814 F.3d 466 (6th Cir. 2016). “” Ohio Rev.Code § 3517.21(B). Any person, including the Secretary of State or a Board of Elections official, may file a complaint with the Commission alleging a violation of the political false-statements laws.”
Ohio Elections Comm'n v. Ohio Chamber of Com., 817 N.E.2d 447 (Ohio Ct. App. 2004). “21(B) provides that no person "shall knowingly and with intent to affect the outcome of such campaign * * * (9) [m]ake a false statement concerning the voting record of a candidate or public official; (10) [p]ost, publish, circulate, distribute, or otherwise disseminate a false…”
Team Working for You v. Ohio Elections Comm'n, 754 N.E.2d 273 (Ohio Ct. App. 2001). “She disseminated only a card and a letter as campaign materials, neither of which discuss industrial growth in Macedonia.”
Magda v. Ohio Elections Comm., 2016 Ohio 5043 (Ohio Ct. App. 2016). “Anthony List used the Alvarez opinion to unbind itself from its prior Pestrak holding concerning the predecessor statute to R.C. 3517.21. Accordingly, (2016) Susan B.”
State v. Towns, 2022 Ohio 3632 (Ohio 2022).
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