Unanimous Sixth Circuit Upholds Six Ohio Judicial Candidate Speech/Conduct Rules Against First Amendment Challenge [corrected title]

Today’s opinion in Platt v. Board of Commissioners continues the trend since the Supreme Court’s Williams-Yulee case upholding a number of judicial speech and conduct rules (more about that coming in the 2018 Election Law casebook supplement).

The provisions upheld were:

• Rule 4.1(A)(2), which prohibits a candidate from making speeches on behalf of a political party or another candidate for public office

• Rule 4.1(A)(3), which prohibits a candidate from publicly endorsing or opposing a candidate for another public office

• Rule 4.4(A), which, save for three exceptions, prohibits a judicial candidate from personally soliciting campaign contributions

• Rule 4.4(E), which creates a permissible window for soliciting and receiving campaign contributions, starting 120 days before the primary and ending 120 days after the general election

• Rule 4.4(F), which limits the solicitation and receipt of contributions for candidates defeated before the general election, until the earlier of 120 days after the primary election or until the candidate pays off her campaign-related debts

• Rule 4.4(G), which regulates the solicitation and receipt of contributions for candidates who die or withdraw from the election, until the earlier of 120 days after death or withdrawal or until the candidate pays off her campaign-related debts.

 

 

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