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					                                         BEFORE THE

                             OHIO ELECTIONS COMMISSION


Nathan Daschle
Democratic Governors Association
1401 K Street, N.W., Ste. 200
Washington, D.C. 20005
(202) 772-5600,

                       Complainant,

v.

FOX News Network, L.L.C.
1211 Avenue of the Americas
New York, N.Y. 10036
(212) 301-3000

                       Respondent
                                             /

                                         COMPLAINT

        There is reason to believe that FOX News Network, L.L.C. violated Ohio election

law on August 18, 2010 when John Kasich appeared on a network program, solicited

contributions for his campaign, and FOX News added the graphics “John Kasich

(R), KasichforOhio.com” under Mr. Kasich’s image. The Kasich campaign raised

more than $21,000 from the FOX News solicitation. The apparent violations include:

        a.    A prohibited in-kind contribution in the form of free political advertising

              provided by FOX News Network, L.L.C. to John Kasich’s campaign, and

        b.    Failure to include a proper disclaimer on FOX News Network, L.L.C.’s

              political advertisement for Mr. Kasich.


     1 . This complaint is filed with the Ohio Elections Commission in accordance with the

        provisions of Ohio Rev. Code §§ 3517.153 and 3517.154 in the belief that FOX News
      Network, L.L.C. violated Ohio Rev. Code §§ 3517.10(I)(5) (contribution made in the

      name of an unincorporated business) and 3517.20(A)(2) and (B)(1) (identification of

      source of political communications).

   2 . John Kasich's campaign committee is Kasich Taylor for Ohio (the "Kasich Campaign")

      and its web address is KasichforOhio.com. Visitors to KasichforOhio.com are

      encouraged to make financial contributions to the Kasich Campaign by credit card on the

      website.

   3 . On June 24, 2010, News America, Inc., the parent company of FOX News Network,

      L.L.C., contributed $1 million to the Republican Governors Association upon

      information and belief. The Republican Governors Association is actively engaged in

      working to elect John Kasich in Ohio. It appears that News America, Inc. and FOX

      News Network, L.L.C. are pursuing a multi-pronged strategy to support and elect

      Republican candidates.



      FOX News Network, L.L.C. apparently made an in-kind contribution in the form of a

political advertisement to the Kasich Campaign when it added the on-screen graphics “John

Kasich (R), Running for Ohio Governor" and "John Kasich (R), KasichforOhio.com”

during John Kasich’s appearance on August 18, 2010.


   4 . On August 18, 2010, John Kasich appeared on a FOX News Network, L.L.C. television

      program. John Kasich’s appearance on the FOX News Network L.L.C. television

      program can be viewed here: http://www.youtube.com/watch?v=4AGXUCur3_Q

   5 . FOX News Network, L.L.C. added the graphics "John Kasich (R), Running for

      Ohio Governor" and “John Kasich (R), KasichforOhio.com” to the television screen

      during John Kasich’s appearance. “John Kasich (R), KasichforOhio.com" appeared




                                             2
   on the screen for approximately 1 minute and 30 seconds during the FOX News

   Network, L.L.C. broadcast. A screen shot of the image is attached as Exhibit A.

6 . A “contribution” is defined as “anything of value … made, received, or used for the

   purpose of influencing the results of an election.” Ohio Rev. Code §3517.01(5).

7 . An “in-kind contribution means anything of value other than money that is used

   to influence the results of an election … and that is made with the consent of, in

   coordination, cooperation, or consultation with, or at the request or suggestion of the

   benefited candidate. Ohio Rev. Code §3517.01(16). An in-kind contribution “includes

   the provision of goods or services without charge or at a charge which is less than the

   usual and normal charge for such goods or such services.” Ohio Admin. Code §111-1-

   02(A).

8 . The contribution limit to a candidate for governor in 2010 is $11,395.56. Ohio Rev.

   Code §3517.20(A)(2). Upon information and belief, the value of an advertisement of at

   least 1 minute and 30 seconds on FOX News Network, L.L.C.'s program is greater than

   the contribution limit.

9 . “Express advocacy” is defined as “a communication that contains express words

   advocating the nomination election, or defeat of a candidate…as determined by a

   final judgment of a court of competent jurisdiction.” Ohio Rev. Code §3517.01(23).

1 0 .“John Kasich (R), KasichforOhio.com” constitutes express advocacy as the term was

   defined by the U.S. Supreme Court in Buckley v. Valeo, 424 U.S. 1, at 80 fn. 52 (1976).

1 1 .John Kasich demonstrated his consent, cooperation, and coordination with FOX News

   Network, L.L.C. in accepting their in-kind contribution by (a) appearing on their

   television program and (b) directly soliciting contributions to his campaign during his

   appearance when he said “KasichforOhio.com, send me your nickels and pennies”

   while “John Kasich (R), KasichforOhio.com” appeared on the television screen.



                                            3
   1 2 . The FOX News solicitation raised more than $21.000 for the Kasich Campaign.

      On August 21, 2010 during a campaign appearance in Cincinnati, John Kasich said:

      “The other night, I was on a show with a man who always gives you the last word, Bill

      O’Reilly. And I said, if you want to help my campaign, our campaign, and you have

      any extra nickels or pennies, send them to us and in the next 12 hours, we received over

      $21,000 dollars.”

      A copy of the Cincinnati event written transcript is attached as Exhibit B. A copy of the

      audio recording is attached as Exhibit C.

   1 3 .This political advertisement by FOX News Network, L.L.C. on behalf of the Kasich

      Campaign is distinguishable from the traditional newspaper editorial endorsement

      of a candidate. Editorial boards act independently of any candidate in making their

      endorsement decision and they do not provide free advertising for the candidates to

      solicit campaign contributions.

   1 4 .There is reason to believe that when FOX News Network, L.L.C. added the express

      advocacy statement “John Kasich (R), KasichforOhio.com” to its broadcast of an

      appearance by John Kasich, it made an in-kind contribution to John Kasich’s campaign in

      the form of a political advertisement in violation of Ohio law.



   FOX News Network, L.L.C. is prohibited from making an in-kind contribution in the

name of the limited liability company to John Kasich’s campaign committee.


   1 5 .FOX News Network, L.L.C. is prohibited from making a contribution to an Ohio

      candidate in the name of the limited liability company. Ohio Rev. Code §3517(I)(5).

   1 6 .When a limited liability company makes a contribution to a candidate it must

      provide “the name of each partner, owner, or member as of the date of the contribution



                                                  4
   or contributions who is participating in the contribution or contributions, and

   a statement that the contribution or contributions are to be allocated to those

   individuals in accordance with the information provided by the partnership or other

   unincorporated business to the recipient of the contribution.” Ohio Rev. Code §3517(I)

1 7 .Political advertising must include “the name and residence or business address of …

   [the] entity that issues or otherwise is responsible for that political publication or that

   makes an expenditure for that political communication …in a conspicuous place on that

   political publication or is contained within that political communication.” Ohio Rev.

   Code §3517.20(A)(2).

1 8 .“No … entity shall utter or cause to be uttered, over the broadcasting facilities of any

   radio or television station within this state, any communication that is designed to

   promote the nomination, election, or defeat of a candidate, or the adoption or defeat of

   an issue or to influence the voters in an election, unless the speaker identifies the speaker

   with the speaker’s name and residence address or unless the communication identifies the

   chairperson, treasurer, or secretary of the organization responsible for the communication

   with the name and residence or business address of that officer …”Ohio Rev. Code

   §3517.20(B)(1).

1 9 .FOX News Network, L.L.C. failed to provide a “paid for by” disclaimer on its political

   advertisement for John Kasich that identified the name of each individual member of the

   limited liability company who participated in making the contribution to John Kasich’s

   campaign committee.

2 0 .As a result, it appears that FOX News Network, L.L.C. made the in-kind contribution to

   John Kasich’s campaign in the name of the limited liability company in violation of Ohio

   law.




                                              5
   John Kasich’s campaign is required to disclose the names of each individual member of

FOX News Network, L.L.C. who participated in making the in-kind contribution.


   2 1 .John Kasich’s campaign has not filed a financial disclosure report that discloses the in-

       kind political advertising contribution it received from FOX News Network, L.L.C. on

       August 18, 2010.

   2 2 .The recipient of a contribution from a limited liability company “shall report the

       contribution by listing both the [limited liability company] and the name of the partner,

       owner, or member making the contribution.” Ohio Rev. Code §3517.10(I)(1).

   2 3 .When John Kasich’s campaign files its next financial disclosure report for the period

       including August 18, 2010, it must disclose the name of each individual member of

       FOX News Network, L.L.C. who participated in the contribution and the amount of the

       contribution allocated to those individuals.




                                           Conclusion

       There is reason to believe that FOX News Network, L.L.C. violated Ohio election law

when John Kasich appeared on a broadcast, solicited contributions to his campaign committee,

and FOX News Network, L.L.C. added the graphics "John Kasich (R), Running for Governor,"

and “John Kasich (R), KasichforOhio.com” under Mr. Kasich’s image.

       I respectfully request that the Ohio Elections Commission investigate this matter to

determine the full nature and extent of any violations.


                                              Respectfully submitted:




                                                 6
                                          /s/
                                          By: Nathan Daschle
                                                                              !


The District of Columbia



Before me,                                , a Notary Public, personally came Nathan Daschle,
who being duly sworn according to law, deposes and says that on or about August 18, 2010 FOX
News Network, L.L.C. apparently violated Ohio election law as described in this complaint.

Sworn to and subscribed before me on Septmber     , 2010.




                                                  Notary Public


My commission expires: ____________________

!




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