The Columbus Dispatch

Candidates’ Twitter use in legal doubt

- By Marty Schladen and Darrel Rowland

2018 ELECTION

As political campaigns increasing­ly turn to social media to get their message out, the Twitter activities of two Ohio gubernator­ial candidates — a Democrat and a Republican — are generating legal questions seldom if ever raised.

In response to questions from The Dispatch, state Auditor Dave Yost’s office said it’s improper — but not illegal — for Dayton Mayor Nan Whaley, a Democrat, to prominentl­y feature her campaign Twitter account on the official Dayton mayor’s website.

The situation of Republican Lt. Gov. Mary Taylor is more murky. She set up a political Twitter account in early 2010 when she was on the ticket with Gov. John Kasich. But once taking office, she used that personal account for official lieutenant governor’s business.

However, since she launched her own gubernator­ial effort in February 2017, that account — which now has more than 7,300 followers — is being used by her campaign. She set up a new Twitter account to serve as her official government­al site. It has fewer than 1,500 followers.

Most public officehold­ers do the opposite: keep the official site, and set up a separate campaign Twitter account.

“We sought legal counsel in efforts to follow what we believe the law requires, that official accounts cannot use political things on it, but personal accounts can share government informatio­n on it,” said campaign spokesman Todd Olsen.

Legal or not? Yost’s office was asked.

“It’s an emerging area of law and we cannot offer an opinion,” said Ben Marrison, the auditor’s director of communicat­ions.

A Dispatch reader raised the issue that Whaley, one of four Democrats vying for governor, is posting tweets on the city website that seem to amount to electionee­ring.

For example, Chillicoth­e Mayor Luke Feeney tweeted his endorsemen­t of Whaley for governor. In response, Whaley thanked him, writing on July 21, “Thanks for your support Mayor @ lmfeeney! I look forward to working with all our local leaders to move Ohio forward.”

Other tweets announce trade union endorsemen­ts of her bid for governor. One on July 18 said “Dayton Building & Constructi­on Trades Council Endorses Nan Whaley for Governor. Represents more than 20,000 in SW OH.”

Another, on June 15, said, “I’m honored to have the endorsemen­t of @IUE_CWAUnion, whose members reflect the talented workforce we have in Ohio.”

In some circumstan­ces, such tweets seem to violate a provision in the Ohio Revised Code that prohibits certain municipali­ties from using official communicat­ion channels to support or oppose candidates for elective office. But as a home-rule city, Dayton is not subject to that law, Marrison said.

“However, it is inappropri­ate to use a taxpayer-supported website to promote a political campaign,” Marrison said. “The prudent step would be for a public official to either remove the Twitter feed from the government webpage or to segregate the political social-media activity from the official activity. It is the practice taken by most public officials running for political office.”

Whaley’s campaign responded not by defending the legality of her actions, but by accusing Yost of playing politics.

“As we all know, Yost is competing to be the most partisan, political auditor in the history of this state,” Faith Oltman, Whaley’s spokeswoma­n, said in an email.

She said that the state auditor’s page has tweets from Yost’s Twitter account for his campaign for Ohio attorney general. The tweets, however, deal with auditor’s business — not the election.

Marrison dismissed the Whaley campaign’s accusation­s.

“Let’s set the record straight: This office responded to a reporter’s question about a political Twitter feed being published on a government website, and we offered an opinion,” Marrison said. “That’s not playing politics.”

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