Latest elections complaint against McEwen tossed

The latest campaign complaint against Bob McEwen, who is challenging U.S. Rep. Jean Schmidt in Tuesday's Republican Party primary, was dismissed today by a bipartisan panel of the Ohio Elections Commission.

After about 10 minutes of questions, and no discussion, the elections panel voted 3-1 that there is "no probable cause" that McEwen, a former congressman, made false statements about living and voting in Ohio.

Schmidt's campaign manager, Allen Freeman, filed the complaint Friday.

Freeman's Columbus attorney, William Todd -- who argues dozens of cases before the state commission each year -- called it "probably one of the most significant false statement cases I've ever seen.''

Todd argued that McEwen has repeatedly stated that he is an inhabitant or resident of the state of Ohio, but has not been "for many, many years.'' As one example, Todd cited the Fairfax Station, Va., home the McEwens have owned since March 1997 and "maildrop" that McEwen uses as his current legal address at 7382 Ridgepoint Drive in Cincinnati.

But McEwen's Columbus attorney, Donald Brey, another seasoned elections law expert, called the complaint frivolous. Brey argued that Freeman never questioned McEwen's Ohio voting record in 2002 through 2004, because the former congressman lived in Hamilton County during that time.

Former president Ronald Reagan called himself a Californian, Brey said, even though he lived in Washington, D.C., for eight years.

Referring to McEwen's campaign literature and advertisements that state "this is our home and you are our neighbors,'' Brey insisted they are not false statements.

Two Democrats and one Republican commission member agreed, including former state Sen. William L. Mallory of Cincinnati. Republican Benjamin F. Marsh was the only commission member to vote against dismissing the complaint. He declined to comment afterward.

During a hearing later today, the full seven-member elections commission will hear evidence in two separate complaints against Congresswoman Schmidt. Those complaints filed by James P. Urling of Norwood allege Schmidt included false information about her undergraduate degree on her resume and included endorsements she never received on her campaign Web site, among other charges.

Look for more details later today on the Politics Extra blog, and in Friday's Enquirer.