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Do political ads in Ohio have to be truthful?

Ohio's false statements in political ads statute was declared unconstitutional in 2015.

COLUMBUS, Ohio — The Nov. 7 general election is coming up in less than two weeks, and it may feel like you are being bombarded by political advertisements on your TV, radio, computer and phone. 

We all know we shouldn't believe everything we see or read, but do political ads have to be truthful in Ohio? The short answer is no.

"There isn't anything in Ohio's election law that prevents anyone from saying anything," said Ohio Elections Commission Executive Director Phil Richter.

He says Ohio did have a false statement statute that the commission regularly enforced, but it was declared unconstitutional in federal court in 2015. 

"So, since that time pretty much anything anybody wants to say in a political ad is allowed and there isn't any other recourse that this commission has the ability to impose on anybody that says something false or improper," Richter said.

Richter says the only thing Ohio election law requires is that a candidate or Political Action Committee (PAC) put a disclaimer on the ad. 

"That just says they're responsible for it. The committee for Joe Jones, Sally Smith, whatever the case is," Richter said.

His advice when wondering about the wording of any political advertisement is don't take everything at face value. 

"Be thoughtful about what is being said and don't be afraid to go researching what is said," Richter said.

Our Verify team found that on the federal level, the Federal Communications Commission does not censor what politicians can say in an ad.

The FCC says all candidates have the same opportunity to buy commercial time. So, for example, they could rebut the alleged false claim with their own ad. The agency does not ensure the accuracy of statements made by candidates and issue campaigns. 

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