stahl oec complaint filed 10 29 12
DESCRIPTION
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IN THE OHIO ELECTIONS COMMISSION
MARKW.STAHL21421 W. ToledoWilliston, Ohio 43468Phone: (419)836-5038
Complainant,
vs.
OHIO DEMOCRATIC PARTYCHRIS REDFERN, CHAIRMAN340 East Fulton StreetColumbus, Ohio 43215Phone: (614) 221-6563
Respondents.
COMPLAINT
State of Ohio :County of Franklin : SS.
Mark W. Stahl, being first duly sworn, deposes and says as follows:
1. I am a registered Ohio voter and make this Complaint based upon my personal
knowledge.
2. I am a candidate for re-election as Ottawa County Commissioner in the election to
be decided on November 6, 2012. I have served as Ottawa County Commissioner since January,
2009.
3. In an attempt to influence the results of my election campaign, Respondents the
Ohio Democratic Party and Chris Redfern have recently mailed throughout Ottawa County the
campaign flier attached hereto as Exhibit A.
4. Respondents' campaign flier falsely quotes the News Herald as follows:
News Herald"Stahl has been
working on personalbusiness from his
county office"
5. The campaign flier also states "Stahl's using County resources to increase
profits for his personal insurance business", and footnotes as authority for this statement,
"Port Clinton News Herald 9/28/12".
6. In fact, the Port Clinton News Herald never stated that Stahl has been working on
personal business form his county office. Rather the September 28, 2012 Port Clinton news
article only stated that "a lawsuit by an Elmore insurance company . . . claims Stahl has been
working on personal business from his county office".
7. A true copy of the September 28, 2012, Port Clinton News Herald article is
attached hereto as Exhibit B.
8. Moreover, unlike Respondents' flier, the Port Clinton News Herald also reported
that "Stahl denied using the county office for personal business". Indeed, the only time I have
even used the fax machine for a matter unrelated to county commissioner matters was a single
occasion in 2010, when I faxed a short four page document to my lawyer or accountant.
9. I do not operate an insurance business or any other business from my county
office. Respondents' statement that the News Herald reported that I did is a false statement.
10. A true copy of the September 25, 2012, Complaint which was the subject of the
news article is attached hereto as Exhibit C.
11. As the Port Clinton News Herald article indicates, the insurance company's
complaint was in response to a lawsuit that my wife filed in March 2012. The underlying dispute
relates to a dispute between my wife (who is a minority owner of Diversified Insurance Service,
LLC) and the controlling shareholders. In a fairly transparent attempt to punish my wife for
suing them for their misconduct, Diversified waited six months and then filed a Complaint
(Exhibit C) against me shortly before the election.
12. Diversified's Complaint does not even claim to have any knowledge that I
conduct a personal business at the Board of Commissioners office. Rather, paragraph 4, of the
Complaint attached hereto as Exhibit C merely claim that "Mark W. Stahl . . . is believed to
maintain offices through which he conducts his personal business, both at 21321 W. Toledo,
Williston, Ottawa County, Ohio, 43468, and at Board of Ottawa County Commissioners
office...."
13. Furthermore, neither Diversified's Complaint, nor the News Herald article ever
say that I have a "personal insurance business" or have used County resources on my "personal
insurance business" or otherwise,
14. I do not have a "personal insurance business". I do not own an insurance
business, nor am I a licensed insurance agent.
15. Respondents" statement that "Stahl's using County resources to increase profits
for his personal insurance business", and their citation as authority for this statement, the "Port
Clinton News Herald 9/28/12" are both false statements.
16. Respondents also falsely state that "Mark Stahl's using taxpayer money for his
own personal gain," and that "Mark Stahl. . . profited on your dime." I have not done so,
and nothing in the News Herald article cited by Respondents states that I have.
17. R.C. 3517.21(B)(8) makes it unlawful to "[fjalsely identify the source of a
statement."
18. Respondents have violated R.C. 3517.21(B)(8) by falsely citing the News Herald
as reporting that "Stahl has been working on personal business from his county office", and by
falsely citing the News Herald article as the source for the statement that "Stahl's using County
resources to increase profits for his personal insurance business."
19. R.C. 3517.21(B)(10) makes it unlawful to "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."
20. Respondents violated R.C. 3517.21(B)(10) by falsely stating: (a) that "Mark
StahPs using taxpayer money for his own personal gain," (b) that "Mark Stahl . . . profited on
your dime," (c) that "Stahl's using County resources to increase profits for his personal insurance
business", (d) that "Port Clinton News Herald, 9/28/12 is the source of this last statement, and (e)
that the News Herald stated that "Stahl has been working on personal business from his county
office."
WHEREFORE, Complainant requests that Respondents be found in violation of R.C.
3517.21(B)(8) and (10) and that they be appropriately sanctioned.
Further Affiant sayeth naught.
Mark W./tahl
Sworn to and subscribed in my presence this 29lh day o^\October, 2012
TNotary Public
DONALD CARL BfiEV, AttornwJttllWNOTARY PUBLIC, STATE OF OHIO
My commo
31297953.1