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Ohio Elections Commission
21 West Broad St.
Suite 600
Columbus, Ohio 43215
Claimant :
-Vs- :
Patrick Francis Fischer :
Patrick Francis Fischer, and :
Committee to Elect Pat Fischer and :
Dan Vogelpohl, Treasurer :
6058 Montgomery Road :
Cincinnati, Ohio 45213 :
Voicemail: 513.672.0032 :
Fax: 513.672.0032 :
Email: Info@PatFischer.org :
Respondents :
Now comes claimant, (removed by poster), pursuant to Ohio Revised Code 3517.153(A) and Ohio Administrative Code
3517-1-02(A) and files his complaint against Patrick Francis Fischer, the
Committee to Elect Pat Fischer, and Dan Vogelpohl alleging that respondents
have violated statutory election laws as codified in:
(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;
(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;
(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;
(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 such, the claimant demands that the Ohio Elections Commission invoke an expedited hearing process and take the necessary steps against
respondents to insure safe, fair, and truthful Cincinnati City Council
elections in Hamilton County, Ohio.
The complaints are more
fully examined as follows:
First Complaint
On or about October 20, 2007, through personal knowledge and belief, the
respondents caused to be published via.
electronic media at the internet website address Exhibit A, false, deceiving and misleading representation by stating:
“Currently, Pat is serving as the President of the Cincinnati Bar
Association.”
The
above statement servers to 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.
Through claimants personal knowledge and
belief, as evidenced at the website address: http://www.cincybar.org/intus/staff%20pages/boardmembers.asp,
exhibit (B), and http://www.cincybar.org/cbainfo/PastPresidents.asp,
exhibit (C), the respondent candidate, Patrick Francis Fischer is not the
current cincinnati bar president and severely questions the Cincinnati Bar
Associations integrity when respondent, Fischer, utilizes a supposed
non-partisan organization for partisan gain in a manor inconsistent with safe,
fair, truthful elections and serves to lessen public confidence in the
legal system in violation of O.R.C.
3517.21(B)(1),(10)
Therefore, the candidate
respondent, Patrick Francis Fischer, individually and / or jointly with his
agents and co-respondents, have deceived and mislead voters in direct violation
of election laws and claimant demands that the Commission take the necessary
steps and hereby, demand compensatory and / or punitive damages, injunctive
relief as the Commission deems necessary to deter future deceiving and
misleading false actions and code violations by this candidate and future
potential candidates.
Second
Complaint
On or about October 20, 2007, through
personal knowledge and belief, the respondents caused to be published via. electronic media at the internet
website address http://www.patfischer.org/biography.php,
exhibit (A), false, deceiving and misleading representation by stating:
“In his free time, Pat Fischer is a dedicated
public servant. Hs serves, or has served, on numerous local boards including
the Hamilton County Mental Health & Recovery Services Board, VISIONS
Community Services Board, the Children's Museum, and ST, Ursula Villa. The
capstone of his public service was his election as President of the Pleasant
Ridge Community Council.”
The above statement servers to co-mingle past and current positions in a
manner confusing to the consumer, i.e. voter, by using 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 otherwise disseminating a false
statement concerning a candidate, either knowing the same to be false or with
reckless disregard of whether it was false in an effort to promote the election
of respondent, Patrick Francis Fischer.
Respondent, Patrick Francis Fischer
has publicly alleged, after controversial involvement with the Pleasant Ridge
Community Council, that he is no longer associated as president of the
community council during a televised interview with Dan Hurley of Channel 12
Newsmakers on September 23, 2007. Claimant witnessed Mr. Hurley's confusion
regarding Fischer’s position with the community council as evidenced by the
video clip available at the website address: http://www.local12.com/mediacenter/local.aspx?videoId=20464,
exhibit
( D ). Mr. Hurley
additionally advised respondent, Fischer, that there was a conflict with his
verbal representation and website content.
Through claimants personal knowledge and
belief, as evidenced at the website address: http://www.pleasantridge.org/prcouncil.html ,
exhbit (E), and http://www.patfischer.org/contact.php ,
exhibit (I), the respondent’s campaign agent,.
(removed by poster), exhibit ( I ), whom additionally serves as secretary on the
Pleasant Ridge Community Council, exhibit ( E ) has permitted Fischer the title
usage
of an office not currently held by the candidate, Fischer, in a manner that
implies that the candidate does currently hold that office or otherwise
disseminating a false statement
concerning a candidate, either knowing the same to be false or with reckless
disregard of whether it was false in an effort to promote the election of
respondent, Patrick Francis Fischer.
Therefore, the candidate respondent, Patrick Francis Fischer, individually and / or jointly with his agents and co-respondents, have deceived and mislead voters in direct violation of election laws and claimant demands that the Commission take the necessary steps and hereby, demand compensatory and / or punitive damages, injunctive relief as the Commission deems necessary to deter future deceiving and misleading false actions and code violations by this candidate and future potential candidates.
Third Complaint
On or about October 20, 2007, through personal knowledge and belief, the
respondents caused to be published via.
electronic media at the internet website address: http://frontier.cincinnati.com/blogs/forum/labels/FOP.asp, exhibit (F), and http://www.patfischer.org/endorsements.php, exhibit (G), deceiving and misleading
campaign endorsements in direct violation of O.R.C. 3517.21(B)(8),(10), see
also In re Judicial Campaign Complaint Against Burick (1999),
95 Ohio Misc.2d 1, 9, 705 N.E.2d 422 (Judicial Code
violation for "misleading and deceiving" information about
endorsements).
Hamilton
County voters were made aware of fraternal campaign endorsements and disclosure
requirements thereof, beginning November 5, 2005, when former Cincinnati
Enquirer political reporter, Greg Korte, stated at: http://frontier.cincinnati.com/blogs/gov/2005/11/ad-watch-peppers-only_05.asp#comments,
exhibit (H), the following:
“Misleading" is one of those words
politicians use when they want to question the veracity of their opponent's
statements while stopping short calling out a lie…. So where's the line between
truthful and misleading? The Ohio Supreme Court has held that a judicial
candidate who claimed to have been endorsed by the Fraternal Order of Police --
when in fact only one lodge supported her -- "…was misleading and
deceiving."
The Fraternal Order of Police is the world's
largest organization of sworn law enforcement officers, with more than 324,000
members in more than 2,100 lodges, exhibit (J).
As such, the claimant is uncertain as to the FOP endorsement. The
claimant assumes each and every FOP affiliation has endorsed the respondent.
However, the respondent could have a political friend in Arkansas whom secured
the FOP endorsement from that region.
It is believed that discovery will reveal the lack of endorsement from
each and every FOP affiliation, as represented by respondents.
Therefore, the candidate
respondent, Patrick Francis Fischer, individually and / or jointly with his
agents and co-respondents, have deceived and mislead voters in direct violation
of election laws and claimant demands that the Commission take the necessary
steps and hereby, demand compensatory and / or punitive damages, injunctive
relief as the Commission deems necessary to deter future deceiving and
misleading false actions and code violations by this candidate and future
potential candidates.
Respectfully
submitted,
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