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On May 5, 2009, I received a reply in an emailed pdf document. I'm posting it here by hand typing.Josh Kimsey, Elections Counsel for Ohio Secretary of State, Jennifer Brunner,is the author.
Ms. Schiff,
Your message regarding comments made by Alex Triantafilou in a weblog for the Hamilton County Republican Party was referred to my attention. As you are aware, Mr. Triantafilou currently serves as chair of the Hamilton County Republican Party and chair of the Hamilton County Board of Elections. In your message, you asked Secretary of State Brunner to consider replacing Mr. Triantafilou as chair of the Hamilton County Board of Elections.
The Secretary of State possesses the authority under state law to remove or suspend members and employees of the boards of elections. Such removal may be effected "for neglect of duty, malfeasance,misfeasance, or nonfeasance in office, for any willful violation of Title XXXV of the Revised Code, or for any any other good and sufficient cause." R.C. 3501.16. At this time, there does not appear to be a level of factual evidence that would provide the legal justification for removal of Mr. Triantafilou from the Hamilton County Board of Elections.
It seems clear that the weblog upon which Mr. Triantafilou made the comments at issue is sponsored by the Hamilton County Republican Party. Mr. Triantafilou's comments on this weblog appear to be made in his role as chair of that political organization. Absent any evidence that these comments were posted on board of elections time or using board of elections resources, this activity does not appear to violate state election law.
Moreover, members and employees of the boards of elections retain their rights under the Ohio Constitution and United States Constitution to express political opinions. Political speech is a core value protected under Article I, Section 11 of the Ohio Constitution and the First Amendment to the United States Constitution. "The hallmark of the protection of free speech is to allow 'free trade in ideas' - even ideas that the overwhelming majority of people might find distasteful or discomforting." Virginia v.Black, 538 U.S. 343, 358 (2003). Although someone may feel Mr. Triantafilou's comments on a political party web site were hurtful, objectionable, or repugnant, they are likely protected as an exercise of his fundamental right to free speech.
