Ohio Libertarian Party says Frank LaRose violated federal law with Issue 1 campaign

The Libertarian Party of Ohio has accused Secretary of State Frank LaRose of violating federal law for campaigning in favor of Issue 1 on the Aug. 8 ballot.

The party filed a complaint with the U.S. Office of Special Counsel on Monday contending that LaRose flouted the Hatch Act, which governs political activity by federal officials and certain state employees. The law prohibits state officials from using their official authority to interfere with elections, and the Libertarian Party says LaRose crossed that line.

"For someone who is using Issue 1 to campaign for federal office, LaRose should probably be more familiar with federal laws while administering federal funds,” said Travis Irvine, who ran for governor as a Libertarian in 2018. "Libertarians have known all too well since 2013 that 'Two Faced Frank' will do whatever it takes to get ahead."

The 2013 reference is about LaRose's support of legislation in the state Senate that changed ballot-access requirements for third parties. The Libertarian Party of Ohio opposes Issue 1.

LaRose is running in the Republican U.S. Senate primary in 2024 for the chance to take on Sen. Sherrod Brown, D-Ohio.

Ohioans will decide in the Aug. 8 special election whether to support Issue 1, which would make it harder to amend the state constitution. If passed, it would require 60% of the vote to enact new constitutional amendments − instead of a simple majority − and change the signature-gathering process for citizen amendments.

LaRose helped initiate the discussion over the proposed changes and has traveled the state in recent weeks urging voters to support Issue 1. But he has maintained that he's advocating for the measure in his personal capacity, not as the state's top elections official.

"This is something that I think is vitally important," LaRose said last month. "I think a 'yes' vote on Issue 1 is one of the most consequential votes that an Ohioan can cast − maybe this decade, maybe in their lifetime."

A LaRose spokesman declined to comment.

What does the complaint say?

The Hatch Act is best known for its regulation of federal political activity.

But it also prohibits state employees from influencing elections if their office receives federal funding, which the secretary of state's office periodically does. For example, Ohio used grants through the Help America Vote Act to improve cybersecurity and help local boards of elections address COVID-19 during the 2020 election, according to an August 2022 news release.

Part of the Hatch Act does not apply to statewide elected officials like LaRose, allowing them to run for office. But Mark Brown, an attorney for the Libertarian Party of Ohio, said that exemption does not cover allegations of election influence.

The law permits an array of activities if state officials act in their personal capacity, including campaigning for or against constitutional amendments.

The complaint states that LaRose uses his primary Twitter account to tweet about election-related activities while also promoting his support for Issue 1. In recent days, he's shared information about absentee ballots, touted his participation in Issue 1 debates and highlighted events where he campaigned for the ballot issue.

"Even if the use of his Twitter account for support of Issue 1 (and other political purposes) were not enough by itself to bring LaRose’s conduct within the scope of the Hatch Act, its use in conjunction with his weeks-long 'campaign' across Ohio to pass Issue 1 does," the complaint says.

Read the full complaint here:

LaRose Hatch Act Violation-1 by Anthony Shoemaker on Scribd

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

Get more political analysis by listening to the Ohio Politics Explained podcast

This article originally appeared on The Columbus Dispatch: Ohio Issue 1: Frank LaRose accused of violating Hatch Act