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Ohio Administrative Code 123:1-46-02
(A) The purpose of this rule is to provide appointing
authorities, personnel officers, and others with guidelines concerning political
activity. Employees in the classified service are prohibited by
section 124.57 of the Revised Code from engaging in political
activity.
(1) "Classified service" means all persons in active pay status serving in the
competitive classified civil service of the state, the counties, or the general
health districts, whether in certified or provisional status. Unless
specifically exempted from the classified service in accordance with the Revised
Code and these rules, an employee shall be considered to be in the classified
service for purposes of this rule.
(2) "Political activity" and "politics" refer to partisan activities,
campaigns, and elections involving primaries, partisan ballots, or partisan
candidates.
(B) The following are examples of permissible activities for
employees in the classified service:
(1) Registration and voting;
(2) Expression of opinions, either oral or written;
(3) Voluntary financial contributions to political candidates or organizations;
(4) Circulation of nonpartisan petitions or petitions stating views on
legislation;
(5) Attendance at political rallies;
(6) Signing nominating petitions in support of individuals;
(7) Display of political materials in the employee's home or on the employee's
property;
(8) Wearing political badges or buttons, or the display of political stickers
on private vehicles; and
(9) Serving as a precinct election official under
section 3501.22 of the Revised Code.
(C) The following activities are prohibited to employees in the
classified service:
(1) Candidacy for public office in a partisan election;
(2) Candidacy for public office in a nonpartisan general election if the
nomination to candidacy was obtained in a partisan primary or through the
circulation of nominating petitions identified with a political party;
(3) Filing of petitions meeting statutory requirements for partisan candidacy
to elective office;
(4) Circulation of official nominating petitions for any candidate
participating in a partisan election;
(5) Service in an elected or appointed office in any partisan political
organization;
(6) Acceptance of a party-sponsored appointment to any office normally filled
by partisan election;
(7) Campaigning by writing for publications, by distributing political
material, or by writing or making speeches on behalf of a candidate for partisan
elective office, when such activities are directed toward party success;
(8) Solicitation, either directly or indirectly, of any assessment,
contribution or subscription, either monetary or in-kind, for any political
party or political candidate;
(9) Solicitation of the sale, or actual sale, of political party tickets;
(10) Partisan activities at the election polls, such as solicitation of votes
for other than nonpartisan candidates and nonpartisan issues;
(11) Service as, witness or challenger, for any party or partisan committee;
(12) Participation in political caucuses of a partisan nature; and
(13) Participation in a political action committee which supports partisan
activity.
(D) An employee in the classified service who engages in any of the activities
listed in paragraphs (C)(1) to (C)(13) of this rule is subject to removal from
his or her position in the classified service. The appointing authority may
initiate such removal action in accordance with the procedures in
section 124.34 of the Revised Code. The director may also
institute an investigation or action in case of a violation.
(E) Employees in the unclassified service, who serve at the pleasure
of the appointing authority and are not subject to competitive examination, are
not prohibited from engaging in political activity unless specifically precluded
by federal or state constitutional or statutory provisions.
(F) Service in an appointed or elected position is prohibited when such
position is subordinate to or in any way a check upon a position concurrently
occupied by a classified or unclassified employee, or when it is physically
impossible for one person to discharge the duties of both positions, or if some
specific constitutional or statutory bar exists prohibiting a person from
serving both positions.
(G) If any person holding public office or employment is convicted of violating
the Revised Code provisions prohibiting abuse of political influence, such
office or position shall thereby be rendered vacant.
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