REPRESENTATIVES Jacobson, Lawrence

To amend sections 102.03, 2921.01, 2921.43, 3513.04,

1

3517.01, 3517.08, 3517.09, 3517.092, 3517.10,

2

3517.102, 3517.105, 3517.106, 3517.108, 3517.109,

3

3517.11, 3517.13, 3517.152, 3517.155, 3517.20,

4

3517.23, and 3517.992 of the Revised Code to

5

permit a loser in a primary election to be a

6

candidate at the following general election for

7

certain types of nonpartisan offices, to create in

8

statute the term "political contributing entity"

9

and to make any such entity subject to the

10

reporting requirements and contribution

11

limitations of the Campaign Finance Law and other

12

provisions of the Elections Law, and to maintain

13

the provisions of this act on and after January 1,

14

2000, by amending the versions of sections

15

3517.10, 3517.102, 3517.155, and 3517.992 of the

16

Revised Code that take effect on that date.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 102.03, 2921.01, 2921.43, 3513.04,	18
3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105,	19
3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152,	20
3517.155, 3517.20, 3517.23, and 3517.992 of the Revised Code be	21
amended to read as follows:	22

Sec. 102.03.  (A)(1) No present or former public official or	23
employee shall, during public employment or service or for twelve	24
months thereafter, represent a client or act in a representative	25
capacity for any person on any matter in which the public official	26
or employee personally participated as a public official or	27
employee through decision, approval, disapproval, recommendation,	28
the rendering of advice, investigation, or other substantial	29
exercise of administrative discretion.	30

(2) For twenty-four months after the conclusion of service,	31
no former commissioner or attorney examiner of the public	32
utilities commission shall represent a public utility, as defined	33
in section 4905.02 of the Revised Code, or act in a representative	34
capacity on behalf of such a utility before any state board,	35
commission, or agency.	36

(3) For twenty-four months after the conclusion of	37
employment or service, no former public official or employee who	38
personally participated as a public official or employee through	39
decision, approval, disapproval, recommendation, the rendering of	40
advice, the development or adoption of solid waste management	41
plans, investigation, inspection, or other substantial exercise of	42
administrative discretion under Chapter 343. or 3734. of the	43
Revised Code shall represent a person who is the owner or operator	44
of a facility, as defined in section 3734.01 of the Revised Code,	45
or who is an applicant for a permit or license for a facility	46
under that chapter, on any matter in which the public official or	47
employee personally participated as a public official or employee.	48

(4) For a period of one year after the conclusion of	49
employment or service as a member or employee of the general	50
assembly, no former member or employee of the general assembly	51
shall represent, or act in a representative capacity for, any	52
person on any matter before the general assembly, any committee of	53
the general assembly, or the controlling board. Division (A)(4)	54
of this section does not apply to or affect a person who separates	55
from service with the general assembly on or before December 31,	56
1995. As used in division (A)(4) of this section "person" does	57
not include any state agency or political subdivision of the	58
state.	59

(5) As used in divisions (A)(1), (2), and (3) of this	60
section, "matter" includes any case, proceeding, application,	61
determination, issue, or question, but does not include the	62
proposal, consideration, or enactment of statutes, rules,	63
ordinances, resolutions, or charter or constitutional amendments.	64
As used in division (A)(4) of this section, "matter" includes the	65
proposal, consideration, or enactment of statutes, resolutions, or	66
constitutional amendments. As used in division (A) of this	67
section, "represent" includes any formal or informal appearance	68
before, or any written or oral communication with, any public	69
agency on behalf of any person.	70

(6) Nothing contained in division (A) of this section shall	71
prohibit, during such period, a former public official or employee	72
from being retained or employed to represent, assist, or act in a	73
representative capacity for the public agency by which the public	74
official or employee was employed or on which the public official	75
or employee served.	76

(7) Division (A) of this section shall not be construed to	77
prohibit the performance of ministerial functions, including, but	78
not limited to, the filing or amendment of tax returns,	79
applications for permits and licenses, incorporation papers, and	80
other similar documents.	81

(B) No present or former public official or employee shall	82
disclose or use, without appropriate authorization, any	83
information acquired by the public official or employee in the	84
course of the public official's or employee's official duties that	85
is confidential because of statutory provisions, or that has been	86
clearly designated to the public official or employee as	87
confidential when that confidential designation is warranted	88
because of the status of the proceedings or the circumstances	89
under which the information was received and preserving its	90
confidentiality is necessary to the proper conduct of government	91
business.	92

(C) No public official or employee shall participate within	93
the scope of duties as a public official or employee, except	94
through ministerial functions as defined in division (A) of this	95
section, in any license or rate-making proceeding that directly	96
affects the license or rates of any person, partnership, trust,	97
business trust, corporation, or association in which the public	98
official or employee or immediate family owns or controls more	99
than five per cent. No public official or employee shall	100
participate within the scope of duties as a public official or	101
employee, except through ministerial functions as defined in	102
division (A) of this section, in any license or rate-making	103
proceeding that directly affects the license or rates of any	104
person to whom the public official or employee or immediate	105
family, or a partnership, trust, business trust, corporation, or	106
association of which the public official or employee or the public	107
official's or employee's immediate family owns or controls more	108
than five per cent, has sold goods or services totaling more than	109
one thousand dollars during the preceding year, unless the public	110
official or employee has filed a written statement acknowledging	111
that sale with the clerk or secretary of the public agency and the	112
statement is entered in any public record of the agency's	113
proceedings. This division shall not be construed to require the	114
disclosure of clients of attorneys or persons licensed under	115
section 4732.12 or 4732.15 of the Revised Code, or patients of	116
persons certified under section 4731.14 of the Revised Code.	117

(D) No public official or employee shall use or authorize	118
the use of the authority or influence of office or employment to	119
secure anything of value or the promise or offer of anything of	120
value that is of such a character as to manifest a substantial and	121
improper influence upon the public official or employee with	122
respect to that person's duties.	123

(E) No public official or employee shall solicit or accept	124
anything of value that is of such a character as to manifest a	125
substantial and improper influence upon the public official or	126
employee with respect to that person's duties.	127

(F) No person shall promise or give to a public official or	128
employee anything of value that is of such a character as to	129
manifest a substantial and improper influence upon the public	130
official or employee with respect to that person's duties.	131

(G) In the absence of bribery or another offense under the	132
Revised Code or a purpose to defraud, contributions made to a	133
campaign committee, political party, legislative campaign fund, or	134
political action committee,or political contributing entity on	135
behalf of an elected public officer or other public official or	136
employee who seeks elective office shall be considered to accrue	137
ordinarily to the public official or employee for the purposes of	138
divisions (D), (E), and (F) of this section.	139

As used in this division, "contributions," "campaign	140
committee," "political party," "legislative campaign fund," and	141
"political action committee," and "political contributing entity"	142
have the same meanings as in section 3517.01 of the Revised Code.	143

(H) No public official or employee, except for the president	144
or other chief administrative officer of or a member of a board of	145
trustees of a state institution of higher education as defined in	146
section 3345.011 of the Revised Code, who is required to file a	147
financial disclosure statement under section 102.02 of the Revised	148
Code shall solicit or accept, and no person shall give to that	149
public official or employee, an honorarium. This division and	150
divisions (D), (E), and (F) of this section do not prohibit a	151
public official or employee who is required to file a financial	152
disclosure statement under section 102.02 of the Revised Code from	153
accepting and do not prohibit a person from giving to that public	154
official or employee the payment of actual travel expenses,	155
including any expenses incurred in connection with the travel for	156
lodging, and meals, food, and beverages provided to the public	157
official or employee at a meeting at which the public official or	158
employee participates in a panel, seminar, or speaking engagement	159
or provided to the public official or employee at a meeting or	160
convention of a national organization to which either house of the	161
general assembly, any legislative agency, or any other state	162
agency pays membership dues. This division and divisions (D),	163
(E), and (F) of this section do not prohibit a public official or	164
employee who is not required to file a financial disclosure	165
statement under section 102.02 of the Revised Code from accepting	166
and do not prohibit a person from promising or giving to that	167
public official or employee an honorarium or the payment of	168
travel, meal, and lodging expenses if the honorarium, expenses, or	169
both were paid in recognition of demonstrable business,	170
professional, or esthetic interests of the public official or	171
employee that exist apart from public office or employment,	172
including, but not limited to, such a demonstrable interest in	173
public speaking and were not paid by any person or other entity,	174
or by any representative or association of those persons or	175
entities, that is regulated by, doing business with, or seeking to	176
do business with the department, division, institution, board,	177
commission, authority, bureau, or other instrumentality of the	178
governmental entity with which the public official or employee	179
serves.	180

(I) A public official or employee may accept travel, meals,	181
and lodging or expenses or reimbursement of expenses for travel,	182
meals, and lodging in connection with conferences, seminars, and	183
similar events related to official duties if the travel, meals,	184
and lodging, expenses, or reimbursement is not of such a character	185
as to manifest a substantial and improper influence upon the	186
public official or employee with respect to that person's duties.	187
The house of representatives and senate, in their code of ethics,	188
and the Ohio ethics commission, under section 111.15 of the	189
Revised Code, may adopt rules setting standards and conditions for	190
the furnishing and acceptance of such travel, meals, and lodging,	191
expenses, or reimbursement.	192

A person who acts in compliance with this division and any	193
applicable rules adopted under it, or any applicable, similar	194
rules adopted by the supreme court governing judicial officers and	195
employees, does not violate division (D), (E), or (F) of this	196
section. This division does not preclude any person from seeking	197
an advisory opinion from the appropriate ethics commission under	198
section 102.08 of the Revised Code.	199

(J) For purposes of divisions (D), (E), and (F) of this	200
section, the membership of a public official or employee in an	201
organization shall not be considered, in and of itself, to be of	202
such a character as to manifest a substantial and improper	203
influence on the public official or employee with respect to that	204
person's duties. As used in this division, "organization" means a	205
church or a religious, benevolent, fraternal, or professional	206
organization that is tax exempt under subsection 501(a) and	207
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	208
"Internal Revenue Code of 1986." This division does not apply to	209
a public official or employee who is an employee of an	210
organization, serves as a trustee, director, or officer of an	211
organization, or otherwise holds a fiduciary relationship with an	212
organization. This division does not allow a public official or	213
employee who is a member of an organization to participate,	214
formally or informally, in deliberations, discussions, or voting	215
on a matter or to use his official position with regard to the	216
interests of the organization on the matter if the public official	217
or employee has assumed a particular responsibility in the	218
organization with respect to the matter or if the matter would	219
affect that person's personal, pecuniary interests.	220

(K) It is not a violation of this section for a prosecuting	221
attorney to appoint assistants and employees in accordance with	222
division (B) of section 309.06 and section 2921.421 of the Revised	223
Code, for a chief legal officer of a municipal corporation or an	224
official designated as prosecutor in a municipal corporation to	225
appoint assistants and employees in accordance with sections	226
733.621 and 2921.421 of the Revised Code, for a township law	227
director appointed under section 504.15 of the Revised Code to	228
appoint assistants and employees in accordance with sections	229
504.151 and 2921.421 of the Revised Code, or for a coroner to	230
appoint assistants and employees in accordance with division (B)	231
of section 313.05 of the Revised Code.	232

As used in this division, "chief legal officer" has the same	233
meaning as in section 733.621 of the Revised Code.	234

Sec. 2921.01.  As used in sections 2921.01 to 2921.45 of the	235
Revised Code:	236

(A) "Public official" means any elected or appointed	237
officer, or employee, or agent of the state or any political	238
subdivision, whether in a temporary or permanent capacity, and	239
includes, but is not limited to, legislators, judges, and law	240
enforcement officers.	241

(B) "Public servant" means any of the following:

242

(1) Any public official;

243

(2) Any person performing ad hoc a governmental function,	244
including, but not limited to, a juror, member of a temporary	245
commission, master, arbitrator, advisor, or consultant;	246

(3) A person who is a candidate for public office, whether	247
or not the person is elected or appointed to the office for which	248
the person is a candidate. A person is a candidate for purposes	249
of this division if the person has been nominated according to law	250
for election or appointment to public office, or if the person has	251
filed a petition or petitions as required by law to have the	252
person's name placed on the ballot in a primary, general, or	253
special election, or if the person campaigns as a write-in	254
candidate in any primary, general, or special election.	255

(C) "Party official" means any person who holds an elective	256
or appointive post in a political party in the United States or	257
this state, by virtue of which the person directs, conducts, or	258
participates in directing or conducting party affairs at any level	259
of responsibility.	260

(D) "Official proceeding" means any proceeding before a	261
legislative, judicial, administrative, or other governmental	262
agency or official authorized to take evidence under oath, and	263
includes any proceeding before a referee, hearing examiner,	264
commissioner, notary, or other person taking testimony or a	265
deposition in connection with an official proceeding.	266

(E) "Detention" means arrest; confinement in any vehicle	267
subsequent to an arrest; confinement in any public or private	268
facility for custody of persons charged with or convicted of crime	269
in this state or another state or under the laws of the United	270
States or alleged or found to be a delinquent child or unruly	271
child in this state or another state or under the laws of the	272
United States; hospitalization, institutionalization, or	273
confinement in any public or private facility that is ordered	274
pursuant to or under the authority of section 2945.37, 2945.371,	275
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	276
Code; confinement in any vehicle for transportation to or from any	277
facility of any of those natures; detention for extradition or	278
deportation; except as provided in this division, supervision by	279
any employee of any facility of any of those natures that is	280
incidental to hospitalization, institutionalization, or	281
confinement in the facility but that occurs outside the facility;	282
or supervision by an employee of the department of rehabilitation	283
and correction of a person on any type of release from a state	284
correctional institution. For a person confined in a county jail	285
who participates in a county jail industry program pursuant to	286
section 5147.30 of the Revised Code, "detention" includes time	287
spent at an assigned work site and going to and from the work	288
site.	289

(F) "Detention facility" means any public or private place	290
used for the confinement of a person charged with or convicted of	291
any crime in this state or another state or under the laws of the	292
United States or alleged or found to be a delinquent child or	293
unruly child in this state or another state or under the laws of	294
the United States.	295

(G) "Valuable thing or valuable benefit" includes, but is	296
not limited to, a contribution. This inclusion does not indicate	297
or imply that a contribution was not included in those terms	298
before September 17, 1986.	299

(H) "Campaign committee," "contribution," "political action	300
committee," "legislative campaign fund," and "political party,"	301
and "political contributing entity" have the same meanings as in	302
section 3517.01 of the Revised Code.	303

(I) "Provider agreement" and "medical assistance program"	304
have the same meanings as in section 2913.40 of the Revised Code.	305

Sec. 2921.43.  (A) No public servant shall knowingly solicit	306
or accept and no person shall knowingly promise or give to a	307
public servant either of the following:	308

(1) Any compensation, other than as allowed by divisions	309
(G), (H), and (I) of section 102.03 of the Revised Code or other	310
provisions of law, to perform histhe public servant's official	311
duties, to perform any other act or service in the public	312
servant's public capacity, for the general performance of the	313
duties of the public servant's public office or public employment,	314
or as a supplement to the public servant's public compensation;	315

(2) Additional or greater fees or costs than are allowed by	316
law to perform histhe public servant's official duties.	317

(B) No public servant for histhe public servant's own	318
personal or business use and no person for histhe person's own	319
personal or business use or for the personal or business use of a	320
public servant or party official, shall solicit or accept anything	321
of value in consideration of either of the following:	322

(1) Appointing or securing, maintaining, or renewing the	323
appointment of any person to any public office, employment, or	324
agency;	325

(2) Preferring, or maintaining the status of, any public	326
employee with respect to his compensation, duties, placement,	327
location, promotion, or other material aspects of his employment.	328

(C) No person for the benefit of a political party, campaign	329
committee, legislative campaign fund, or political action	330
committee,or political contributing entity shall coerce any	331
contribution in consideration of either of the following:	332

(1) Appointing or securing, maintaining, or renewing the	333
appointment of any person to any public office, employment, or	334
agency;	335

(2) Preferring, or maintaining the status of, any public	336
employee with respect to his compensation, duties, placement,	337
location, promotion, or other material aspects of his employment.	338

(D) Whoever violates this section is guilty of soliciting	339
improper compensation, a misdemeanor of the first degree.	340

(E) A public servant who is convicted of a violation of this	341
section is disqualified from holding any public office,	342
employment, or position of trust in this state for a period of	343
seven years from the date of conviction.	344

(F) Divisions (A), (B), and (C) of this section do not	345
prohibit a person from making voluntary contributions to a	346
political party, campaign committee, legislative campaign fund, or	347
political action committee,or political contributing entity or	348
prohibit a political party, campaign committee, legislative	349
campaign fund, or political action committee,or political	350
contributing entity from accepting voluntary contributions.	351

Sec. 3513.04.  Candidates for party nominations to state,	352
district, county, and municipal offices or positions, for which	353
party nominations are provided by law, and for election as members	354
of party controlling committees shall have their names printed on	355
the official primary ballot by filing a declaration of candidacy	356
and paying the fees specified for the office under divisions (A)	357
and (B) of section 3513.10 of the Revised Code, except that the	358
joint candidates for party nomination to the offices of governor	359
and lieutenant governor shall, for the two of them, file one	360
declaration of candidacy. The joint candidates also shall pay the	361
fees specified for the joint candidates under divisions (A) and	362
(B) of section 3513.10 of the Revised Code.	363

The secretary of state shall not accept for filing the	364
declaration of candidacy of a candidate for party nomination to	365
the office of governor unless the declaration of candidacy also	366
shows a joint candidate for the same party's nomination to the	367
office of lieutenant governor, shall not accept for filing the	368
declaration of candidacy of a candidate for party nomination to	369
the office of lieutenant governor unless the declaration of	370
candidacy also shows a joint candidate for the same party's	371
nomination to the office of governor, and shall not accept for	372
filing a declaration of candidacy that shows a candidate for party	373
nomination to the office of governor or lieutenant governor who	374
has already been shown as a candidate for party nomination to the	375
office of governor or lieutenant governor on a declaration of	376
candidacy previously filed and accepted for the same primary	377
election.	378

No person who seeks party nomination for an office or	379
position at a primary election by declaration of candidacy or by	380
declaration of intent to be a write-in candidate and no person who	381
is a first choice for president of candidates seeking election as	382
delegates and alternates to the national conventions of the	383
different major political parties who are chosen by direct vote of	384
the electors as provided in this chapter shall be permitted to	385
become a candidate by nominating petition or by declaration of	386
intent to be a write-in candidate at the following general	387
election for any office by nominating petition or by declaration	388
of intent to be a write-in candidate OTHER THAN THE OFFICE OF	389
MEMBER OF THE STATE BOARD OF EDUCATION, OFFICE OF MEMBER OF A	390
CITY, LOCAL, OR EXEMPTED VILLAGE BOARD OF EDUCATION, OFFICE OF	391
MEMBER OF A GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER, OR	392
OFFICE OF TOWNSHIP TRUSTEE.	393

Sec. 3517.01.  (A) A political party within the meaning of	394
Title XXXV of the Revised Code is any group of voters that, at the	395
most recent regular state election, polled for its candidate for	396
governor in the state or nominees for presidential electors at	397
least five per cent of the entire vote cast for that office or	398
that filed with the secretary of state, subsequent to any election	399
in which it received less than five per cent of that vote, a	400
petition signed by qualified electors equal in number to at least	401
one per cent of the total vote for governor or nominees for	402
presidential electors at the most recent election, declaring their	403
intention of organizing a political party, the name of which shall	404
be stated in the declaration, and of participating in the	405
succeeding primary election, held in even-numbered years, that	406
occurs more than one hundred twenty days after the date of filing.	407
No such group of electors shall assume a name or designation that	408
is similar, in the opinion of the secretary of state, to that of	409
an existing political party as to confuse or mislead the voters at	410
an election. If any political party fails to cast five per cent	411
of the total vote cast at an election for the office of governor	412
or president, it shall cease to be a political party.	413

(B) Notwithstanding the definitions found in section 3501.01	414
of the Revised Code, as used in this section, sections 3517.08 to	415
3517.14, and section 3517.99 of the Revised Code:	416

(1) "Campaign committee" means a candidate or a combination	417
of two or more persons authorized by a candidate under section	418
3517.081 of the Revised Code to receive contributions and make	419
expenditures.	420

(2) "Campaign treasurer" means an individual appointed by a	421
candidate under section 3517.081 of the Revised Code.	422

(3) "Candidate" has the same meaning as in division (H) of	423
section 3501.01 of the Revised Code and also includes any person	424
who, at any time before or after an election, receives	425
contributions or makes expenditures or other use of contributions,	426
has given consent for another to receive contributions or make	427
expenditures or other use of contributions, or appoints a campaign	428
treasurer, for the purpose of bringing about the person's	429
nomination or election to public office. When two persons jointly	430
seek the offices of governor and lieutenant governor, "candidate"	431
means the pair of candidates jointly. "Candidate" does not	432
include candidates for election to the offices of member of a	433
county or state central committee, presidential elector, and	434
delegate to a national convention or conference of a political	435
party.	436

(4) "Continuing association" means an association, other	437
than a campaign committee, political party, legislative campaign	438
fund, political contributing entity, or labor organization, that	439
is intended to be a permanent organization that has a primary	440
purpose other than supporting or opposing specific candidates,	441
political parties, or ballot issues, and that functions on a	442
regular basis throughout the year.	443

(5) "Contribution" means a loan, gift, deposit, forgiveness	444
of indebtedness, donation, advance, payment, transfer of funds or	445
transfer of anything of value including a transfer of funds from	446
an inter vivos or testamentary trust or decedent's estate, and the	447
payment by any person other than the person to whom the services	448
are rendered for the personal services of another person, which	449
contribution is made, received, or used for the purpose of	450
influencing the results of an election. "Contribution" does not	451
include:	452

(a) Services provided without compensation by individuals	453
volunteering a portion or all of their time on behalf of a person;	454

(b) Ordinary home hospitality;

455

(c) The personal expenses of a volunteer paid for by that	456
volunteer campaign worker;	457

(d) Any gift given to a state or county political party	458
pursuant to section 3517.101 of the Revised Code. As used in	459
division (B)(5)(d) of this section, "political party" means only a	460
major political party.	461

(6) "Expenditure" means the disbursement or use of a	462
contribution for the purpose of influencing the results of an	463
election or of making a charitable donation under division (G) of	464
section 3517.08 of the Revised Code.	465

(7) "Personal expenses" includes, but is not limited to,	466
ordinary expenses for accommodations, clothing, food, personal	467
motor vehicle or airplane, and home telephone.	468

(8) "Political action committee" means a combination of two	469
or more persons, the primary or incidental purpose of which is to	470
support or oppose any candidate, political party, or issue, or to	471
influence the result of any election, and that is not a political	472
party, a campaign committee, a political contributing entity, or a	473
legislative campaign fund.	474

(9) "Public office" means any state, county, municipal,	475
township, and district office, except an office of a political	476
party, that is filled by an election and the offices of United	477
States senator and congressman.	478

(10) "Anything of value" has the same meaning as in section	479
1.03 of the Revised Code.	480

(11) "Beneficiary of a campaign fund" means a candidate, a	481
public official or employee for whose benefit a campaign fund	482
exists, and any other person who has ever been a candidate or	483
public official or employee and for whose benefit a campaign fund	484
exists.	485

(12) "Campaign fund" means money or other property,	486
including contributions.	487

(13) "Public official or employee" has the same meaning as	488
in section 102.01 of the Revised Code.	489

(14) "Caucus" means all of the members of the house of	490
representatives or all of the members of the senate of the general	491
assembly who are members of the same political party.	492

(15) "Legislative campaign fund" means a fund that is	493
established as an auxiliary of a state political party and	494
associated with one of the houses of the general assembly.	495

(16) "In-kind contribution" means anything of value other	496
than money that is used to influence the results of an election or	497
is transferred to or used in support of or in opposition to a	498
candidate, campaign committee, legislative campaign fund,	499
political party, or political action committee,or political	500
contributing entity and that is made with the consent of, in	501
coordination, cooperation, or consultation with, or at the request	502
or suggestion of the benefited candidate, committee, fund, or	503
party,or entity. The financing of the dissemination,	504
distribution, or republication, in whole or part, of any broadcast	505
or of any written, graphic, or other form of campaign materials	506
prepared by the candidate, the candidate's campaign committee, or	507
their authorized agents is an in-kind contribution to the	508
candidate and an expenditure by the candidate.	509

(17) "Independent expenditure" means an expenditure by a	510
person advocating the election or defeat of an identified	511
candidate or candidates, that is not made with the consent of, in	512
coordination, cooperation, or consultation with, or at the request	513
or suggestion of any candidate or candidates or of the campaign	514
committee or agent of the candidate or candidates. As used in	515
division (B)(17) of this section:	516

(a) "Person" means an individual, partnership,	517
unincorporated business organization or association, political	518
action committee, political contributing entity, separate	519
segregated fund, association, or any other organization or group	520
of persons, but not a labor organization or a corporation unless	521
the labor organization or corporation is a political contributing	522
entity.	523

(b) "Advocating" means any communication containing a	524
message advocating election or defeat.	525

(c) "Identified candidate" means that the name of the	526
candidate appears, a photograph or drawing of the candidate	527
appears, or the identity of the candidate is otherwise apparent by	528
unambiguous reference.	529

(d) "Made in coordination, cooperation, or consultation	530
with, or at the request or suggestion of, any candidate or the	531
campaign committee or agent of the candidate" means made pursuant	532
to any arrangement, coordination, or direction by the candidate,	533
the candidate's campaign committee, or the candidate's agent prior	534
to the publication, distribution, display, or broadcast of the	535
communication. An expenditure is presumed to be so made when it	536
is any of the following:	537

(i) Based on information about the candidate's plans,	538
projects, or needs provided to the person making the expenditure	539
by the candidate, or by the candidate's campaign committee or	540
agent, with a view toward having an expenditure made;	541

(ii) Made by or through any person who is, or has been,	542
authorized to raise or expend funds, who is, or has been, an	543
officer of the candidate's campaign committee, or who is, or has	544
been, receiving any form of compensation or reimbursement from the	545
candidate or the candidate's campaign committee or agent;	546

(iii) Made by a political party in support of a candidate,	547
unless the expenditure is made by a political party to conduct	548
voter registration or voter education efforts.	549

(e) "Agent" means any person who has actual oral or written	550
authority, either express or implied, to make or to authorize the	551
making of expenditures on behalf of a candidate, or means any	552
person who has been placed in a position with the candidate's	553
campaign committee or organization such that it would reasonably	554
appear that in the ordinary course of campaign-related activities	555
the person may authorize expenditures.	556

(18) "Labor organization" means a labor union; an employee	557
organization; a federation of labor unions, groups, locals, or	558
other employee organizations; an auxiliary of a labor union,	559
employee organization, or federation of labor unions, groups,	560
locals, or other employee organizations; or any other bona fide	561
organization in which employees participate and that exists for	562
the purpose, in whole or in part, of dealing with employers	563
concerning grievances, labor disputes, wages, hours, and other	564
terms and conditions of employment.	565

(19) "Separate segregated fund" means a separate segregated	566
fund established pursuant to the Federal Election Campaign Act.	567

(20) "Federal Election Campaign Act" means the "Federal	568
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	569
seq., as amended.	570

(21)"Political contributing entity" means any entity,	571
including a corporation or labor organization, that may lawfully	572
make contributions and expenditures and that is not an individual	573
or a political action committee, continuing association, campaign	574
committee, political party, legislative campaign fund, designated	575
state campaign committee, or state candidate fund. For purposes	576
of division (B)(21) of this section, "lawfully" means not	577
prohibited by any section Of the Revised Code, or authorized by a	578
final judgment of a court of competent jurisdiction.	579

Sec. 3517.08.  (A) The personal expenses of a candidate paid	580
for by the candidate, from the candidate's personal funds, shall	581
not be considered as a contribution by or an expenditure by the	582
candidate and shall not be reported under section 3517.10 of the	583
Revised Code.	584

(B)(1) An expenditure by a political action committee or a	585
political contributing entity shall not be considered a	586
contribution by the political action committee or the political	587
contributing entity or an expenditure by or on behalf of the	588
candidate if the purpose of the expenditure is to inform only its	589
members by means of mailed publications of its activities or	590
endorsements.	591

(2) An expenditure by a political party shall not be	592
considered a contribution by the political party or an expenditure	593
by or on behalf of the candidate if the purpose of the expenditure	594
is to inform predominantly the party's members by means of mailed	595
publications or other direct communication of its activities or	596
endorsements, or for voter contact such as sample ballots, absent	597
voter's ballots application mailings, voter registration, or	598
get-out-the-vote activities.	599

(C) An expenditure by a continuing association,political	600
contributing entity, or political party shall not be considered a	601
contribution to any campaign committee or an expenditure by or on	602
behalf of any campaign committee if the purpose of the expenditure	603
is for the staff and maintenance of the continuing association's,	604
political contributing entity's, or political party's	605
headquarters, or for a political poll, survey, index, or other	606
type of measurement not on behalf of a specific candidate.	607

(D) The expenses of maintaining a constituent office paid	608
for, from the candidate's personal funds, by a candidate who is a	609
member of the general assembly at the time of the election shall	610
not be considered a contribution by or an expenditure by or on	611
behalf of the candidate, and shall not be reported, if the	612
constituent office is not used for any candidate's campaign	613
activities.	614

(E) The net contribution of each social or fund-raising	615
activity shall be calculated by totaling all contributions to the	616
activity minus the expenditures made for the activity.	617

(F) An expenditure that purchases goods or services shall be	618
attributed to an election when the disbursement of funds is made,	619
rather than at the time the goods or services are used. The	620
secretary of state, under the procedures of Chapter 119. of the	621
Revised Code, shall establish rules for the attribution of	622
expenditures to a candidate when the candidate is a candidate for	623
more than one office during a reporting period and for	624
expenditures made in a year in which no election is held. The	625
secretary of state shall further define by rule those expenditures	626
that are or are not by or on behalf of a candidate.	627

(G) An expenditure for the purpose of a charitable donation	628
may be made if it is made to an organization that is exempt from	629
federal income taxation under subsection 501(a) and described in	630
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	631
501(c)(19) of the Internal Revenue Code or is approved by advisory	632
opinion of the Ohio elections commission as a legitimate	633
charitable organization. Each expenditure under this division	634
shall be separately itemized on statements made pursuant to	635
section 3517.10 of the Revised Code.	636

Sec. 3517.09.  (A) No person or committee shall solicit,	637
ask, invite, or demand, directly or indirectly, orally or in	638
writing, a contribution, subscription, or payment from a candidate	639
for nomination or election or from the campaign committee of that	640
candidate, and no person shall solicit, ask, invite, or demand	641
that a candidate for nomination or election or the campaign	642
committee of that candidate subscribe to the support of a club or	643
organization, buy tickets to an entertainment, ball, supper, or	644
other meeting, or pay for space in a book, program, or	645
publication. This division does not apply to any of the	646
following:	647

(1) Regular advertisements in periodicals having an	648
established circulation;	649

(2) Regular payments to civic, political, fraternal, social,	650
charitable, or religious organizations of which the candidate was	651
a member or contributor six months before histhe candidate's	652
candidacy;	653

(3) Regular party assessments made by a party against its	654
own candidates.	655

(B) No person shall coerce, intimidate, or cause harm to	656
another person by an act or failure to act, or shall threaten to	657
coerce, intimidate, or cause harm to another person, because that	658
other person makes or does not make a contribution to a candidate,	659
campaign committee, political party, legislative campaign fund, or	660
political action committee,or political contributing entity.	661

(C) An employer or labor organization that, directly or	662
through another person, solicits an employee of the employer or a	663
member of the labor organization for a contribution to a	664
candidate, campaign committee, political action committee,	665
legislative campaign fund, or political party,or political	666
contributing entity shall inform the employee or member at the	667
time of the solicitation that making a contribution is voluntary	668
and that a decision of the employee or member to make a	669
contribution or not to make a contribution will not benefit the	670
employee or member or place the employee or member at a	671
disadvantage with respect to his employment by the employer or his	672
membership in the labor organization.	673

Sec. 3517.092.  (A) As used in this section:

674

(1) "Appointing authority" has the same meaning as in	675
section 124.01 of the Revised Code.	676

(2) "State elected officer" means any person appointed or	677
elected to a state elective office.	678

(3) "State elective office" means any of the offices of	679
governor, lieutenant governor, secretary of state, auditor of	680
state, treasurer of state, attorney general, member of the state	681
board of education, member of the general assembly, and justice	682
and chief justice of the supreme court.	683

(4) "County elected officer" means any person appointed or	684
elected to a county elective office.	685

(5) "County elective office" means any of the offices of	686
county auditor, county treasurer, clerk of the court of common	687
pleas, sheriff, county recorder, county engineer, county	688
commissioner, prosecuting attorney, and coroner.	689

(6) "Contribution" includes a contribution to any political	690
party, campaign committee, political action committee, political	691
contributing entity, or legislative campaign fund.	692

(B) No state elected officer, no campaign committee of such	693
an officer, and no other person or entity shall knowingly solicit	694
or accept a contribution on behalf of that officer or that	695
officer's campaign committee from any of the following:	696

(1) A state employee whose appointing authority is the state	697
elected officer;	698

(2) A state employee whose appointing authority is	699
authorized or required by law to be appointed by the state elected	700
officer;	701

(3) A state employee who functions in or is employed in or	702
by the same public agency, department, division, or office as the	703
state elected officer.	704

(C) No candidate for a state elective office, no campaign	705
committee of such a candidate, and no other person or entity shall	706
knowingly solicit or accept a contribution on behalf of that	707
candidate or that candidate's campaign committee from any of the	708
following:	709

(1) A state employee at the time of the solicitation, whose	710
appointing authority will be the candidate, if elected;	711

(2) A state employee at the time of the solicitation, whose	712
appointing authority will be appointed by the candidate, if	713
elected, as authorized or required by law;	714

(3) A state employee at the time of the solicitation, who	715
will function in or be employed in or by the same public agency,	716
department, division, or office as the candidate, if elected.	717

(D) No county elected officer, no campaign committee of such	718
an officer, and no other person or entity shall knowingly solicit	719
a contribution on behalf of that officer or that officer's	720
campaign committee from any of the following:	721

(1) A county employee whose appointing authority is the	722
county elected officer;	723

(2) A county employee whose appointing authority is	724
authorized or required by law to be appointed by the county	725
elected officer;	726

(3) A county employee who functions in or is employed in or	727
by the same public agency, department, division, or office as the	728
county elected officer.	729

(E) No candidate for a county elective office, no campaign	730
committee of such a candidate, and no other person or entity shall	731
knowingly solicit a contribution on behalf of that candidate or	732
that candidate's campaign committee from any of the following:	733

(1) A county employee at the time of the solicitation, whose	734
appointing authority will be the candidate, if elected;	735

(2) A county employee at the time of the solicitation, whose	736
appointing authority will be appointed by the candidate, if	737
elected, as authorized or required by law;	738

(3) A county employee at the time of the solicitation, who	739
will function in or be employed in or by the same public agency,	740
department, division, or office as the candidate, if elected.	741

(F)(1) No public employee shall solicit a contribution from	742
any person while the public employee is performing the public	743
employee's official duties or in those areas of a public building	744
where official business is transacted or conducted.	745

(2) No person shall solicit a contribution from any public	746
employee while the public employee is performing the public	747
employee's official duties or is in those areas of a public	748
building where official business is transacted or conducted.	749

(3) As used in division (F) of this section, "public	750
employee" does not include any person holding an elective office.	751

(G) The prohibitions in divisions (B), (C), (D), (E), and	752
(F) of this section are in addition to the prohibitions in	753
sections 124.57, 1553.09, 3304.22, and 4503.032 of the Revised	754
Code.	755

Sec. 3517.10.  (A) Except as otherwise provided in this	756
division, every campaign committee, political action committee,	757
legislative campaign fund, and political party,and political	758
contributing entity that made or received a contribution or made	759
an expenditure in connection with the nomination or election of	760
any candidate or in connection with any ballot issue or question	761
at any election held or to be held in this state shall file, on a	762
form prescribed under this section, a full, true, and itemized	763
statement, made under penalty of election falsification, setting	764
forth in detail the contributions and expenditures, no later than	765
four p.m. of the following dates:	766

(1) The twelfth day before the election to reflect	767
contributions received and expenditures made from the close of	768
business on the last day reflected in the last previously filed	769
statement, if any, to the close of business on the twentieth day	770
before the election;	771

(2) The thirty-eighth day after the election to reflect the	772
contributions received and expenditures made from the close of	773
business on the last day reflected in the last previously filed	774
statement, if any, to the close of business on the seventh day	775
before the filing of the statement;	776

(3) The last business day of January of every year to	777
reflect the contributions received and expenditures made from the	778
close of business on the last day reflected in the last previously	779
filed statement, if any, to the close of business on the last day	780
of December of the previous year.	781

A campaign committee shall only be required to file the	782
statements prescribed under divisions (A)(1) and (2) of this	783
section in connection with the nomination or election of the	784
committee's candidate.	785

The statement required under division (A)(1) of this section	786
shall not be required of any campaign committee, political action	787
committee, legislative campaign fund, or political party,or	788
political contributing entity that has received contributions of	789
less than one thousand dollars and has made expenditures of less	790
than one thousand dollars at the close of business on the	791
twentieth day before the election. Those contributions and	792
expenditures shall be reported in the statement required under	793
division (A)(2) of this section.	794

If an election to select candidates to appear on the general	795
election ballot is held within sixty days before a general	796
election, the campaign committee of a successful candidate in the	797
earlier election may file the statement required by division	798
(A)(1) of this section for the general election instead of the	799
statement required by division (A)(2) of this section for the	800
earlier election if the pregeneral election statement reflects the	801
status of contributions and expenditures for the period twenty	802
days before the earlier election to twenty days before the general	803
election.	804

If a person becomes a candidate less than twenty days before	805
an election, the candidate's campaign committee is not required to	806
file the statement required by division (A)(1) of this section.	807

No statement under division (A)(3) of this section shall be	808
required for any year in which a campaign committee, political	809
action committee, legislative campaign fund, or political party,	810
or political contributing entity is required to file a postgeneral	811
election statement under division (A)(2) of this section.	812
However, such a statement may be filed, at the option of the	813
campaign committee, political action committee, legislative	814
campaign fund, or political party,or political contributing	815
entity.	816

No statement under division (A)(3) of this section shall be	817
required if the campaign committee, political action committee,	818
legislative campaign fund, or political party,or political	819
contributing entity has no contributions that it has received and	820
no expenditures that it has made since the last date reflected in	821
its last previously filed statement. However, the campaign	822
committee, political action committee, legislative campaign fund,	823
or political party,or political contributing entity shall file a	824
statement to that effect, on a form prescribed under this section	825
and made under penalty of election falsification, on the date	826
required in division (A)(3) of this section.	827

The campaign committee of a statewide candidate shall file a	828
monthly statement of contributions received during each of the	829
months of July, August, and September in the year of the general	830
election in which the candidate seeks office. The campaign	831
committee of a statewide candidate shall file the monthly	832
statement not later than three business days after the last day of	833
the month covered by the statement. The campaign committee of a	834
statewide candidate that files a notice under division (C)(1) of	835
section 3517.103 of the Revised Code and the campaign committee of	836
a statewide candidate to which, in accordance with division (D) of	837
section 3517.103 of the Revised Code, the contribution limitations	838
prescribed in section 3517.102 of the Revised Code no longer apply	839
shall file an additional monthly statement of contributions	840
received during the primary election period in the year of the	841
primary election in which the candidate seeks nomination to office	842
beginning with contributions received after the last business day	843
in the committee's last previously filed statement, if any,	844
through the fifteenth day of March. That statement shall be filed	845
not later than three business days after the fifteenth day of	846
March. Contributions reported in the additional monthly statement	847
of contributions shall also be included in the campaign	848
committee's pre-primary election statement required under division	849
(A)(1) of this section. During the period beginning on the	850
nineteenth day before the general election in which a statewide	851
candidate seeks election to office and extending through the day	852
of that general election, each time the campaign committee of the	853
joint candidates for the offices of governor and lieutenant	854
governor or of a candidate for the office of secretary of state,	855
auditor of state, treasurer of state, or attorney general receives	856
a contribution from a contributor that causes the aggregate amount	857
of contributions received from that contributor during that period	858
to equal or exceed two thousand five hundred dollars and each time	859
the campaign committee of a candidate for the office of chief	860
justice or justice of the supreme court receives a contribution	861
from a contributor that causes the aggregate amount of	862
contributions received from that contributor during that period to	863
exceed five hundred dollars, the campaign committee shall file a	864
two-business-day statement reflecting that contribution. During	865
the period beginning on the nineteenth day before a primary	866
election in which a candidate for statewide office seeks	867
nomination to office and extending through the day of that primary	868
election, each time either the campaign committee of a statewide	869
candidate in that primary election that files a notice under	870
division (C)(1) of section 3517.103 of the Revised Code or the	871
campaign committee of a statewide candidate in that primary	872
election to which, in accordance with division (D) of section	873
3517.103 of the Revised Code, the contribution limitations	874
prescribed in section 3517.102 of the Revised Code no longer apply	875
receives a contribution from a contributor that causes the	876
aggregate amount of contributions received from that contributor	877
during that period to exceed two thousand five hundred dollars,	878
the campaign committee shall file a two-business-day statement	879
reflecting that contribution. Contributions reported on a	880
two-business-day statement required to be filed by a campaign	881
committee of a statewide candidate in a primary election shall	882
also be included in the post-primary election statement required	883
to be filed by that campaign committee under division (A)(2) of	884
this section. A two-business-day statement required by this	885
paragraph shall be filed not later than two business days after	886
receipt of the contribution. The statements required by this	887
paragraph shall be filed in addition to any other statements	888
required by this section.	889

The secretary of state may permit the filing of	890
two-business-day statements by facsimile or other electronic means	891
of transmission.	892

If a campaign committee or political action committee has no	893
balance on hand and no outstanding obligations and desires to	894
terminate itself, it shall file a statement to that effect, on a	895
form prescribed under this section and made under penalty of	896
election falsification, with the official with whom it files a	897
statement under division (A) of this section after filing a final	898
statement of contributions and a final statement of expenditures,	899
if contributions have been received or expenditures made since the	900
period reflected in its last previously filed statement.	901

(B) Except as otherwise provided in division (C)(7) of this	902
section, each statement required by division (A) of this section	903
shall contain the following information:	904

(1) The full name and address of each campaign committee,	905
political action committee, legislative campaign fund, or	906
political party, or political contributing entity, including any	907
treasurer of the committee, fund, or party, or entity, filing a	908
contribution and expenditure statement;	909

(2)(a) In the case of a campaign committee, the candidate's	910
full name and address;	911

(b) In the case of a political action committee, the	912
registration number assigned to the committee under division	913
(D)(1) of this section.	914

(3) The date of the election and whether it was or will be a	915
general, primary, or special election;	916

(4) A statement of contributions received, which shall	917
include:	918

(a) The month, day, and year of the contribution;

919

(b)(i) The full name and address of each person, political	920
party, campaign committee, legislative campaign fund, or political	921
action committee,or political contributing entity from whom	922
contributions are received and the registration number assigned to	923
the political action committee under division (D)(1) of this	924
section. The requirement of filing the full address does not	925
apply to any statement filed by a state or local committee of a	926
political party, to a finance committee of such committee, or to a	927
committee recognized by a state or local committee as its	928
fund-raising auxiliary. Notwithstanding division (F)(1) of this	929
section, the requirement of filing the full address shall be	930
considered as being met if the address filed is the same address	931
the contributor provided under division (E)(1) of this section.	932

(ii) If a campaign committee of a statewide candidate or	933
candidate for the office of member of the general assembly	934
receives a contribution from an individual that exceeds one	935
hundred dollars, the name of the individual's current employer, if	936
any, or, if the individual is self-employed, the individual's	937
occupation;	938

(iii) If a campaign committee of a statewide candidate or	939
candidate for the office of member of the general assembly	940
receives a contribution transmitted pursuant to section 3599.031	941
of the Revised Code from amounts deducted from the wages and	942
salaries of two or more employees that exceeds in the aggregate	943
one hundred dollars during any one filing period under division	944
(A)(1), (2), or (3) of this section, the full name of the	945
employees' employer and the full name of the labor organization of	946
which the employees are members, if any.	947

(c) A description of the contribution received, if other	948
than money;	949

(d) The value in dollars and cents of the contribution;

950

(e) A separately itemized account of all contributions and	951
expenditures regardless of the amount, except a receipt of a	952
contribution from a person in the sum of twenty-five dollars or	953
less at one social or fund-raising activity and a receipt of a	954
contribution transmitted pursuant to section 3599.031 of the	955
Revised Code from amounts deducted from the wages and salaries of	956
employees if the contribution from the amount deducted from the	957
wages and salary of any one employee is twenty-five dollars or	958
less aggregated in a calendar year. An account of the total	959
contributions from each social or fund-raising activity shall	960
include a description of and the value of each in-kind	961
contribution received at that activity from any person who made	962
one or more such contributions whose aggregate value exceeded two	963
hundred fifty dollars and shall be listed separately, together	964
with the expenses incurred and paid in connection with that	965
activity. A campaign committee, political action committee,	966
legislative campaign fund, or political party,or political	967
contributing entity shall keep records of contributions from each	968
person in the amount of twenty-five dollars or less at one social	969
or fund-raising activity and contributions from amounts deducted	970
under section 3599.031 of the Revised Code from the wages and	971
salary of each employee in the amount of twenty-five dollars or	972
less aggregated in a calendar year. No continuing association	973
that is recognized by a state or local committee of a political	974
party as an auxiliary of the party and that makes a contribution	975
from funds derived solely from regular dues paid by members of the	976
auxiliary shall be required to list the name or address of any	977
members who paid those dues.	978

Contributions that are other income shall be itemized	979
separately from all other contributions. The information required	980
under division (B)(4) of this section shall be provided for all	981
other income itemized. As used in this paragraph, "other income"	982
means a loan, investment income, or interest income.	983

(f) In the case of a campaign committee of a state elected	984
officer, if a person doing business with the state elected officer	985
in the officer's official capacity makes a contribution to the	986
campaign committee of that officer, the information required under	987
division (B)(4) of this section in regard to that contribution,	988
which shall be filed together with and considered a part of the	989
committee's statement of contributions as required under division	990
(A) of this section but shall be filed on a separate form provided	991
by the secretary of state. As used in division (B)(4)(f) of this	992
section:	993

(i) "State elected officer" has the same meaning as in	994
section 3517.092 of the Revised Code.	995

(ii) "Person doing business" means a person or an officer of	996
an entity who enters into one or more contracts with a state	997
elected officer or anyone authorized to enter into contracts on	998
behalf of that officer to receive payments for goods or services,	999
if the payments total, in the aggregate, more than five thousand	1000
dollars during a calendar year.	1001

(5) A statement of expenditures which shall include:

1002

(a) The month, day, and year of the expenditure;

1003

(b) The full name and address of each person, political	1004
party, campaign committee, legislative campaign fund, or political	1005
action committee,or political contributing entity to whom the	1006
expenditure was made and the registration number assigned to the	1007
political action committee under division (D)(1) of this section;	1008

(c) The object or purpose for which the expenditure was	1009
made;	1010

(d) The amount of each expenditure.

1011

(C)(1) The statement of contributions and expenditures shall	1012
be signed by the person completing the form.	1013

(2) The person filing the statement shall, under penalty of	1014
election falsification, include with it a list of each anonymous	1015
contribution, the circumstances under which it was received, and	1016
the reason it cannot be attributed to a specific donor.	1017

(3) Each statement of a campaign committee of a candidate	1018
who holds public office shall contain a designation of each	1019
contributor who is an employee in any unit or department under the	1020
candidate's direct supervision and control. In a space provided	1021
in the statement, the person filing the statement shall affirm	1022
that each such contribution was voluntarily made.	1023

(4) A campaign committee that did not receive contributions	1024
or make expenditures in connection with the nomination or election	1025
of its candidate shall file a statement to that effect, on a form	1026
prescribed under this section and made under penalty of election	1027
falsification, on the date required in division (A)(2) of this	1028
section.	1029

(5) The campaign committee of any person who attempts to	1030
become a candidate and who, for any reason, does not become	1031
certified in accordance with Title XXXV of the Revised Code for	1032
placement on the official ballot of a primary, general, or special	1033
election to be held in this state, and who, at any time prior to	1034
or after an election, receives contributions or makes	1035
expenditures, or has given consent for another to receive	1036
contributions or make expenditures, for the purpose of bringing	1037
about the person's nomination or election to public office, shall	1038
file the statement or statements prescribed by this section and a	1039
termination statement, if applicable. This paragraph does not	1040
apply to any person with respect to an election to the offices of	1041
member of a county or state central committee, presidential	1042
elector, or delegate to a national convention or conference of a	1043
political party.	1044

(6)(a) The statements required to be filed under this	1045
section shall specify the balance in the hands of the campaign	1046
committee, political action committee, legislative campaign fund,	1047
or political party,or political contributing entity and the	1048
disposition intended to be made of that balance.	1049

(b) The form for all statements required to be filed under	1050
this section shall be prescribed by the secretary of state, and	1051
furnished to the boards of elections in the several counties, and	1052
the boards of elections shall supply printed copies of those forms	1053
without charge. The secretary of state may require that the	1054
statements required to be stored on computer by the secretary of	1055
state under divisions (A)(1) to (4) of section 3517.106 of the	1056
Revised Code be filed in whatever format the secretary of state	1057
considers necessary so that the secretary of state may store the	1058
information contained in the statements on computer. Any such	1059
format shall be of a type and nature that is readily available to	1060
whoever is required to file the statements in that format.	1061

(7) Each monthly statement and each two-business-day	1062
statement required by division (A) of this section shall contain	1063
the information required by divisions (B)(1) to (4), (C)(2), and,	1064
if appropriate, (C)(3) of this section. Each statement shall be	1065
signed as required by division (C)(1) of this section.	1066

(D)(1) Prior to receiving a contribution or making an	1067
expenditure, every campaign committee, political action committee,	1068
legislative campaign fund, or political party,or political	1069
contributing entity shall appoint a treasurer and shall file, on a	1070
form prescribed by the secretary of state, a designation of that	1071
appointment, including the full name and address of the treasurer	1072
and of the campaign committee, political action committee,	1073
legislative campaign fund, or political party,or political	1074
contributing entity. That designation shall be filed with the	1075
official with whom the campaign committee, political action	1076
committee, legislative campaign fund, or political party,or	1077
political contributing entity is required to file statements under	1078
section 3517.11 of the Revised Code. The name of a campaign	1079
committee shall include at least the last name of the campaign	1080
committee's candidate. The secretary of state shall assign a	1081
registration number to each political action committee that files	1082
a designation of the appointment of a treasurer under division	1083
(D)(1) of this section if the political action committee is	1084
required by division (A)(1) of section 3517.11 of the Revised Code	1085
to file the statements prescribed by this section with the	1086
secretary of state.	1087

(2) The treasurer appointed under division (D)(1) of this	1088
section shall keep a strict account of all contributions, from	1089
whom received and the purpose for which they were disbursed.	1090

(3)(a) Except as otherwise provided in section 3517.108 of	1091
the Revised Code, a campaign committee shall deposit all monetary	1092
contributions received by the committee into an account separate	1093
from a personal or business account of the candidate or campaign	1094
committee.	1095

(b) A political action committee shall deposit all monetary	1096
contributions received by the committee into an account separate	1097
from all other funds.	1098

(c) A state or county political party may establish a state	1099
candidate fund that is separate from an account that contains the	1100
public moneys received from the Ohio political party fund under	1101
section 3517.17 of the Revised Code and from all other funds. A	1102
state or county political party may deposit into its state	1103
candidate fund any amounts of monetary contributions that are made	1104
to or accepted by the political party subject to the applicable	1105
limitations, if any, prescribed in section 3517.102 of the Revised	1106
Code. A state or county political party shall deposit all other	1107
monetary contributions received by the party into one or more	1108
accounts that are separate from its state candidate fund and from	1109
its account that contains the public moneys received from the Ohio	1110
political party fund under section 3517.17 of the Revised Code.	1111

(d) Each state political party shall have only one	1112
legislative campaign fund for each house of the general assembly.	1113
Each such fund shall be separate from any other funds or accounts	1114
of that state party. A legislative campaign fund is authorized to	1115
receive contributions and make expenditures for the primary	1116
purpose of furthering the election of candidates who are members	1117
of that political party to the house of the general assembly with	1118
which that legislative campaign fund is associated. Each	1119
legislative campaign fund shall be administered and controlled in	1120
a manner designated by the caucus. As used in division (D)(3)(d)	1121
of this section, "caucus" has the same meaning as in section	1122
3517.01 of the Revised Code and includes, as an ex officio member,	1123
the chairperson of the state political party with which the caucus	1124
is associated, or that chairperson's designee.	1125

(4) Every expenditure in excess of twenty-five dollars shall	1126
be vouched for by a receipted bill, stating the purpose of the	1127
expenditures, that shall be filed with the statement of	1128
expenditures. A canceled check with a notation of the purpose of	1129
the expenditure is a receipted bill for purposes of division	1130
(D)(4) of this section.	1131

(5) The secretary of state or the board of elections, as the	1132
case may be, shall issue a receipt for each statement filed under	1133
this section and shall preserve a copy of the receipt for a period	1134
of at least six years. All statements filed under this section	1135
shall be open to public inspection in the office where they are	1136
filed and shall be carefully preserved for a period of at least	1137
six years after the year in which they are filed.	1138

(E)(1) Any person, political party, campaign committee,	1139
legislative campaign fund, or political action committee,or	1140
political contributing entity that makes a contribution in	1141
connection with the nomination or election of any candidate or in	1142
connection with any ballot issue or question at any election held	1143
or to be held in this state shall provide its full name and	1144
address to the recipient of the contribution at the time the	1145
contribution is made. The political action committee also shall	1146
provide the registration number assigned to the committee under	1147
division (D)(1) of this section to the recipient of the	1148
contribution at the time the contribution is made.	1149

(2) Any individual who makes a contribution that exceeds one	1150
hundred dollars to a campaign committee of a statewide candidate	1151
or candidate for the office of member of the general assembly	1152
shall provide the name of the individual's current employer, if	1153
any, or, if the individual is self-employed, the individual's	1154
occupation to the recipient of the contribution at the time the	1155
contribution is made. Sections 3599.39 and 3599.40 of the Revised	1156
Code do not apply to division (E)(2) of this section.	1157

(3) If a campaign committee shows that it has exercised its	1158
best efforts to obtain, maintain, and submit the information	1159
required under divisions (B)(4)(b)(ii) and (iii) of this section,	1160
that committee is considered to have met the requirements of those	1161
divisions. A campaign committee shall not be considered to have	1162
exercised its best efforts unless, in connection with written	1163
solicitations, it regularly includes a written request for the	1164
information required under division (B)(4)(b)(ii) of this section	1165
from the contributor or the information required under division	1166
(B)(4)(b)(iii) of this section from whoever transmits the	1167
contribution.	1168

(4) Any check that a political action committee uses to make	1169
a contribution or an expenditure shall contain the full name and	1170
address of the committee and the registration number assigned to	1171
the committee under division (D)(1) of this section.	1172

(F) As used in this section:

1173

(1) "Address" means all of the following if they exist:	1174
apartment number, street, road, or highway name and number, rural	1175
delivery route number, city or village, state, and zip code as	1176
used in a person's post-office address, but not post-office box.	1177
If an address is required in this section, a post-office box and	1178
office, room, or suite number may be included in addition to but	1179
not in lieu of an apartment, street, road, or highway name and	1180
number. If an address is required in this section, a campaign	1181
committee, political action committee, legislative campaign fund,	1182
or political party,or political contributing entity may use the	1183
business or residence address of its treasurer or deputy	1184
treasurer. The post-office box number of the campaign committee,	1185
political action committee, legislative campaign fund, or	1186
political party,or political contributing entity may be used in	1187
addition to that address.	1188

(2) "Statewide candidate" means the joint candidates for the	1189
offices of governor and lieutenant governor or a candidate for the	1190
office of secretary of state, auditor of state, treasurer of	1191
state, attorney general, member of the state board of education,	1192
chief justice of the supreme court, or justice of the supreme	1193
court.	1194

(G) An independent expenditure shall be reported whenever	1195
and in the same manner that an expenditure is required to be	1196
reported under this section and shall be reported pursuant to	1197
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised	1198
Code.	1199

(H)(1) Except as otherwise provided in division (H)(2) of	1200
this section, if, during the combined preelection and postelection	1201
reporting periods for an election, a campaign committee has	1202
received contributions of five hundred dollars or less and has	1203
made expenditures in the total amount of five hundred dollars or	1204
less, it may file a statement to that effect, under penalty of	1205
election falsification, in lieu of the statement required by	1206
division (A)(2) of this section. The statement shall indicate the	1207
total amount of contributions received and the total amount of	1208
expenditures made during those combined reporting periods.	1209

(2) In the case of a successful candidate at a primary	1210
election, if either the total contributions received by or the	1211
total expenditures made by the candidate's campaign committee	1212
during the preprimary, postprimary, pregeneral, and postgeneral	1213
election periods combined equal more than five hundred dollars,	1214
the campaign committee may file the statement under division	1215
(H)(1) of this section only for the primary election. The first	1216
statement that the campaign committee files in regard to the	1217
general election shall reflect all contributions received and all	1218
expenditures made during the preprimary and postprimary election	1219
periods.	1220

(3) Divisions (H)(1) and (2) of this section do not apply if	1221
a campaign committee receives contributions or makes expenditures	1222
prior to the first day of January of the year of the election at	1223
which the candidate seeks nomination or election to office or if	1224
the campaign committee does not file a termination statement with	1225
its postprimary election statement in the case of an unsuccessful	1226
primary election candidate or with its postgeneral election	1227
statement in the case of other candidates.	1228

(I) In the case of a contribution made by a partnership or	1229
unincorporated business, all of the following apply:	1230

(1) The recipient of the contribution shall report the	1231
contribution by listing both the partnership or unincorporated	1232
business and the name of the partner or owner making the	1233
contribution.	1234

(2) For purposes of section 3517.102 of the Revised Code,	1235
the contribution shall be considered to have been made by the	1236
partner or owner reported under division (I)(1) of this section.	1237

(3) No contribution from a partnership or unincorporated	1238
business shall be accepted unless the recipient reports the	1239
contribution under division (I)(1) of this section.	1240

(J) A candidate shall have only one campaign committee at	1241
any given time for all of the offices for which the person is a	1242
candidate or holds office.	1243

(K)(1) In addition to filing a designation of appointment of	1244
a treasurer under division (D)(1) of this section, the campaign	1245
committee of any candidate for an elected municipal office that	1246
pays an annual amount of compensation of five thousand dollars or	1247
less, the campaign committee of any candidate for member of a	1248
board of education except member of the state board of education,	1249
or the campaign committee of any candidate for township trustee or	1250
township clerk may sign, under penalty of election falsification,	1251
a certificate attesting that the committee will not accept	1252
contributions during an election period that exceed in the	1253
aggregate two thousand dollars from all contributors and one	1254
hundred dollars from any one individual, and that the campaign	1255
committee will not make expenditures during an election period	1256
that exceed in the aggregate two thousand dollars.	1257

The certificate shall be on a form prescribed by the	1258
secretary of state and shall be filed not later than ten days	1259
after the candidate files a declaration of candidacy and petition,	1260
a nominating petition, or a declaration of intent to be a write-in	1261
candidate.	1262

(2) Except as otherwise provided in division (K)(3) of this	1263
section, a campaign committee that files a certificate under	1264
division (K)(1) of this section is not required to file the	1265
statements required by division (A) of section 3517.10 of the	1266
Revised Code.	1267

(3) If, after filing a certificate under division (K)(1) of	1268
this section, a campaign committee exceeds any of the limitations	1269
described in that division during an election period, the	1270
certificate is void and thereafter the campaign committee shall	1271
file the statements required by division (A) of section 3517.10 of	1272
the Revised Code. If the campaign committee has not previously	1273
filed a statement, then on the first statement the campaign	1274
committee is required to file under division (A) of section	1275
3517.10 of the Revised Code after the committee's certificate is	1276
void, the committee shall report all contributions received and	1277
expenditures made from the time the candidate filed the	1278
candidate's declaration of candidacy and petition, nominating	1279
petition, or declaration of intent to be a write-in candidate.	1280

(4) As used in division (K) of this section, "election	1281
period" means the period of time beginning on the day a person	1282
files a declaration of candidacy and petition, nominating	1283
petition, or declaration of intent to be a write-in candidate	1284
through the day of the election at which the person seeks	1285
nomination to office if the person is not elected to office, or,	1286
if the candidate was nominated in a primary election, the day of	1287
the election at which the candidate seeks office.	1288

(L) Notwithstanding division (B)(4) of this section, a	1289
political contributing entity that receives contributions from the	1290
dues, membership fees, or other assessments of its members or from	1291
its officers, shareholders, and employees may report the aggregate	1292
amount of contributions received from those contributors and the	1293
number of individuals making those contributions, for each filing	1294
period identified under divisions (A)(1), (2), and (3) of this	1295
section. Division (B)(4) of this section applies to a political	1296
contributing entity with regard to contributions it receives from	1297
all other contributors.	1298

(M) This is an interim section effective until January 1,	1299
2000.	1300

Sec. 3517.102.  (A) Except as otherwise provided in section	1301
3517.103 of the Revised Code, as used in this section and sections	1302
3517.103 and 3517.104 of the Revised Code:	1303

(1) "Candidate" has the same meaning as in section 3517.01	1304
of the Revised Code but includes only candidates for the offices	1305
of governor, lieutenant governor, secretary of state, auditor of	1306
state, treasurer of state, attorney general, member of the state	1307
board of education, member of the general assembly, chief justice	1308
of the supreme court, and justice of the supreme court.	1309

(2) "Statewide candidate" or "any one statewide candidate"	1310
means the joint candidates for the offices of governor and	1311
lieutenant governor or a candidate for the office of secretary of	1312
state, auditor of state, treasurer of state, attorney general,	1313
member of the state board of education, chief justice of the	1314
supreme court, or justice of the supreme court.	1315

(3) "Senate candidate" means a candidate for the office of	1316
state senator.	1317

(4) "House candidate" means a candidate for the office of	1318
state representative.	1319

(5)(a) "Primary election period" for a candidate begins on	1320
the beginning date of the candidate's pre-filing period specified	1321
in division (A)(9) of section 3517.109 of the Revised Code and	1322
ends on the day of the primary election.	1323

(b) In regard to any candidate, the "general election	1324
period" begins on the day after the primary election immediately	1325
preceding the general election at which the candidate seeks an	1326
office specified in division (A)(1) of this section and ends on	1327
the thirty-first day of December following that general election.	1328

(6) "State candidate fund" means the state candidate fund	1329
established by a state or county political party under division	1330
(D)(3)(c) of section 3517.10 of the Revised Code.	1331

(7) "Postgeneral election statement" means the statement	1332
filed under division (A)(2) of section 3517.10 of the Revised Code	1333
by the campaign committee of a candidate after the general	1334
election in which the candidate ran for office or filed by	1335
legislative campaign fund after the general election in an	1336
even-numbered year.	1337

(8) "Contribution" means any contribution that is required	1338
to be reported in the statement of contributions under section	1339
3517.10 of the Revised Code.	1340

(9) Except as otherwise provided in division (F) of section	1341
3517.103 and division (B)(3)(b) of section 3517.1010 of the	1342
Revised Code, "designated state campaign committee" means:	1343

(a) In the case of contributions to or from a state	1344
political party, a campaign committee of a statewide candidate,	1345
statewide officeholder, senate candidate, house candidate, or	1346
member of the general assembly.	1347

(b) In the case of contributions to or from a county	1348
political party, a campaign committee of a statewide candidate,	1349
statewide officeholder, senate candidate or house candidate whose	1350
candidacy is to be submitted to some or all of the electors in	1351
that county, or member of the general assembly whose district	1352
contains all or part of that county.	1353

(c) In the case of contributions to or from a legislative	1354
campaign fund, a campaign committee of any of the following:	1355

(i) A senate or house candidate who, if elected, will be a	1356
member of the same party that established the legislative campaign	1357
fund and the same house with which the legislative campaign fund	1358
is associated;	1359

(ii) A state senator or state representative who is a member	1360
of the same party that established the legislative campaign fund	1361
and the same house with which the legislative campaign fund is	1362
associated.	1363

(B)(1) No individual shall make a contribution or	1364
contributions aggregating more than:	1365

(a) Two thousand five hundred dollars to the campaign	1366
committee of any one statewide candidate in a primary election	1367
period or in a general election period;	1368

(b) Two thousand five hundred dollars to the campaign	1369
committee of any one senate candidate in a primary election period	1370
or in a general election period;	1371

(c) Two thousand five hundred dollars to the campaign	1372
committee of any one house candidate in a primary election period	1373
or in a general election period;	1374

(d) Five thousand dollars to any one county political party	1375
for the party's state candidate fund or to any one legislative	1376
campaign fund in a calendar year;	1377

(e) Fifteen thousand dollars to any one state political	1378
party for the party's state candidate fund in a calendar year;	1379

(f) Five thousand dollars to any one political action	1380
committee in a calendar year;	1381

(g) Five thousand dollars to any one political contributing	1382
entity in a calendar year.	1383

(2) Subject to division (D)(1) of this section, no political	1384
action committee shall make a contribution or contributions	1385
aggregating more than:	1386

(a) Two thousand five hundred dollars to the campaign	1387
committee of any one statewide candidate in a primary election	1388
period or in a general election period;	1389

(b) Two thousand five hundred dollars to the campaign	1390
committee of any one senate candidate in a primary election period	1391
or in a general election period;	1392

(c) Two thousand five hundred dollars to the campaign	1393
committee of any one house candidate in a primary election period	1394
or in a general election period;	1395

(d) Five thousand dollars to any one county political party	1396
for the party's state candidate fund or to any one legislative	1397
campaign fund in a calendar year;	1398

(e) Fifteen thousand dollars to any one state political	1399
party for the party's state candidate fund in a calendar year;	1400

(f) Two thousand five hundred dollars to another political	1401
action committee or to a political contributing entity in a	1402
calendar year. Division (B)(2)(f) of this section does not apply	1403
to a political action committee that makes a contribution to a	1404
political action committee or to a political contributing entity	1405
affiliated with it. For purposes of division (B)(2)(f) of this	1406
section, a political action committee is affiliated with another	1407
political action committee or with a political contributing entity	1408
if they are both established, financed, maintained, or controlled	1409
by,or if they are, the same corporation, organization, labor	1410
organization, continuing association, or other person, including	1411
any parent, subsidiary, division, or department of that	1412
corporation, organization, labor organization, continuing	1413
association, or other person.	1414

(3) No campaign committee shall make a contribution or	1415
contributions aggregating more than:	1416

(a) Two thousand five hundred dollars to the campaign	1417
committee of any one statewide candidate in a primary election	1418
period or in a general election period;	1419

(b) Two thousand five hundred dollars to the campaign	1420
committee of any one senate candidate in a primary election period	1421
or in a general election period;	1422

(c) Two thousand five hundred dollars to the campaign	1423
committee of any one house candidate in a primary election period	1424
or in a general election period;	1425

(d) Two thousand five hundred dollars to any one political	1426
action committee in a calendar year;	1427

(e) two thousand five hundred dollars to any one political	1428
contributing entity in a calendar year.	1429

(4) Subject to division (D)(3) of this section, no political	1430
party shall make a contribution or contributions aggregating more	1431
than two thousand five hundred dollars to any one political action	1432
committee or to any one political contributing entity in a	1433
calendar year.	1434

(5) No campaign committee, other than a designated state	1435
campaign committee, shall make a contribution or contributions	1436
aggregating in a calendar year more than:	1437

(a) Fifteen thousand dollars to any one state political	1438
party for the party's state candidate fund;	1439

(b) Five thousand dollars to any one legislative campaign	1440
fund;	1441

(c) Five thousand dollars to any one county political party	1442
for the party's state candidate fund.	1443

(6)(a) No state candidate fund of a county political party	1444
shall make a contribution or contributions, except a contribution	1445
or contributions to a designated state campaign committee, in a	1446
primary election period or a general election period, aggregating	1447
more than:	1448

(i) Two thousand five hundred dollars to the campaign	1449
committee of any one senate candidate;	1450

(ii) Two thousand five hundred dollars to the campaign	1451
committee of any one house candidate.	1452

(b)(i) No state candidate fund of a state or county	1453
political party shall make a transfer or a contribution or	1454
transfers or contributions of cash or cash equivalents to a	1455
designated state campaign committee in a primary election period	1456
or in a general election period aggregating more than:	1457

(I) Five hundred thousand dollars to the campaign committee	1458
of any one statewide candidate;	1459

(II) One hundred thousand dollars to the campaign committee	1460
of any one senate candidate;	1461

(III) Fifty thousand dollars to the campaign committee of	1462
any one house candidate.	1463

(ii) No legislative campaign fund shall make a transfer or a	1464
contribution or transfers or contributions of cash or cash	1465
equivalents to a designated state campaign committee aggregating	1466
more than:	1467

(I) Fifty thousand dollars in a primary election period or	1468
one hundred thousand dollars in a general election period to the	1469
campaign committee or any one senate candidate;	1470

(II) Twenty-five thousand dollars in a primary election	1471
period or fifty thousand dollars in a general election period to	1472
the campaign committee of any one house candidate.	1473

(iii) As used in divisions (B)(6)(b) and (C)(6)(a) and (b)	1474
of this section, "transfer or contribution of cash or cash	1475
equivalents" does not include any in-kind contributions.	1476

(c) A county political party that has no state candidate	1477
fund and that is located in a county having a population of less	1478
than one hundred fifty thousand may make one or more contributions	1479
from other accounts to any one designated state campaign committee	1480
that do not exceed, in the aggregate, two thousand five hundred	1481
dollars in any primary election period or general election period.	1482
As used in division (B)(6)(c) of this section, "other accounts"	1483
does not include either an account that contains the public moneys	1484
received from the Ohio political party fund under section 3517.17	1485
of the Revised Code or the county political party's operating	1486
account.	1487

(d) No legislative campaign fund shall make a contribution,	1488
other than to a designated state campaign committee or to the	1489
state candidate fund of a political party.	1490

(7)Subject to division (D)(1) of this section, no political	1491
contributing entity shall make a contribution or contributions	1492
aggregating more than:	1493

(a) Two thousand five hundred dollars to the campaign	1494
committee of any one statewide candidate in a primary election	1495
period or in a general election period;	1496

(b) Two thousand five hundred dollars to the campaign	1497
committee of any one senate candidate in a primary election period	1498
or in a general election period;	1499

(c) Two thousand five hundred dollars to the campaign	1500
committee of any one house candidate in a primary election period	1501
or in a general election period;	1502

(d) Five thousand dollars to any one county political party	1503
for the party's state candidate fund or to any one legislative	1504
campaign fund in a calendar year;	1505

(e) Fifteen thousand dollars to any one state political	1506
party for the party's state candidate fund in a calendar year;	1507

(f) Two thousand five hundred dollars to another political	1508
contributing entity or to a political action committee in a	1509
calendar year. Division (B)(7)(f) of this section does not apply	1510
to a political contributing entity that makes a contribution to a	1511
political contributing entity or to a political action committee	1512
affiliated with it. For purposes of division (B)(7)(f) of this	1513
section, a political contributing entity is affiliated with	1514
another political contributing entity or with a political action	1515
committee if they are both established, financed, maintained, or	1516
controlled by, or if they are, the same corporation, organization,	1517
labor organization, continuing association, or other person,	1518
including any parent, subsidiary, division, or department of that	1519
corporation, organization, labor organization, continuing	1520
association, or other person.	1521

(C)(1) Subject to division (D)(1) of this section, no	1522
campaign committee of a statewide candidate shall accept a	1523
contribution or contributions aggregating more than two thousand	1524
five hundred dollars from any one individual, from any one	1525
political action committee, from any one political contributing	1526
entity, or from any one other campaign committee in a primary	1527
election period or in a general election period.	1528

(2) Subject to division (D)(1) of this section and except	1529
for a designated state campaign committee, no campaign committee	1530
of a senate candidate shall accept a contribution or contributions	1531
aggregating more than two thousand five hundred dollars from any	1532
one individual, from any one political action committee, from any	1533
one political contributing entity, from any one state candidate	1534
fund of a county political party, or from any one other campaign	1535
committee in a primary election period or in a general election	1536
period.	1537

(3) Subject to division (D)(1) of this section and except	1538
for a designated state campaign committee, no campaign committee	1539
of a house candidate shall accept a contribution or contributions	1540
aggregating more than two thousand five hundred dollars from any	1541
one individual, from any one political action committee, from any	1542
one political contributing entity, from any one state candidate	1543
fund of a county political party, or from any one other campaign	1544
committee in a primary election period or in a general election	1545
period.	1546

(4)(a) Subject to division (D)(1) of this section, no county	1547
political party shall accept a contribution or contributions for	1548
the party's state candidate fund aggregating more than five	1549
thousand dollars from any one individual, from any one political	1550
action committee, from any one political contributing entity, or	1551
from any one campaign committee, other than a designated state	1552
campaign committee, in a calendar year.	1553

(b) Subject to division (D)(1) of this section, no state	1554
political party shall accept a contribution or contributions for	1555
the party's state candidate fund aggregating more than fifteen	1556
thousand dollars from any one individual, from any one political	1557
action committee, from any one political contributing entity, or	1558
from any one campaign committee, other than a designated state	1559
campaign committee, in a calendar year.	1560

(5) Subject to division (D)(1) of this section, no	1561
legislative campaign fund shall accept a contribution or	1562
contributions aggregating more than five thousand dollars from any	1563
one individual, from any one political action committee, from any	1564
one political contributing entity, or from any one campaign	1565
committee, other than a designated state campaign committee, in a	1566
calendar year.	1567

(6)(a) No designated state campaign committee shall accept a	1568
transfer or contribution of cash or cash equivalents from a state	1569
candidate fund of a state or county political party aggregating in	1570
a primary election period or a general election period more than:	1571

(i) Five hundred thousand dollars, in the case of a campaign	1572
committee of a statewide candidate;	1573

(ii) One hundred thousand dollars, in the case of a campaign	1574
committee of a senate candidate;	1575

(iii) Fifty thousand dollars, in the case of a campaign	1576
committee of a house candidate.	1577

(b) No designated state campaign committee shall accept a	1578
transfer or contribution of cash or cash equivalents from a	1579
legislative candidate fund aggregating more than:	1580

(i) Fifty thousand dollars in a primary election period or	1581
one hundred thousand dollars in a general election period, in the	1582
case of a campaign committee of a senate candidate;	1583

(ii) Twenty-five thousand dollars in a primary election	1584
period or fifty thousand dollars in a general election period, in	1585
the case of a campaign committee of a house candidate.	1586

(7)(a) Subject to division (D)(3) of this section, no	1587
political action committee and no political contributing entity	1588
shall accept a contribution or contributions aggregating more than	1589
five thousand dollars from any one individual, or more than two	1590
thousand five hundred dollars from any one campaign committee or	1591
from any one political party.	1592

(b) Subject to division (D)(1) of this section, no political	1593
action committee shall accept a contribution or contributions	1594
aggregating more than two thousand five hundred dollars from	1595
another political action committee or from a political	1596
contributing entity in a calendar year. Subject to division	1597
(D)(1) of this section, no political contributing entity shall	1598
accept a contribution or contributions aggregating more than two	1599
thousand five hundred dollars from another political contributing	1600
entity or from a political action committee in a calendar year.	1601
Division (C)(7)(b) of this section does not apply to a political	1602
action committee or political contributing entity that accepts a	1603
contribution from a political action committee or political	1604
contributing entity affiliated with it. For purposes of division	1605
(C)(7)(b) of this section, a political action committee is	1606
affiliated with another political action committee or political	1607
contributing entity if they are both established, financed,	1608
maintained, or controlled by the same corporation, organization,	1609
labor organization, continuing association, or other person,	1610
including any parent, subsidiary, division, or department of that	1611
corporation, organization, labor organization, continuing	1612
association, or other person.	1613

(D)(1)(a) For purposes of the limitations prescribed in	1614
division (B)(2) of this section and the limitations prescribed in	1615
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	1616
whichever is applicable, all contributions made by and all	1617
contributions accepted from political action committees that are	1618
established, financed, maintained, or controlled by the same	1619
corporation, organization, labor organization, continuing	1620
association, or other person, including any parent, subsidiary,	1621
division, or department of that corporation, organization, labor	1622
organization, continuing association, or other person, are	1623
considered to have been made by or accepted from a single	1624
political action committee.	1625

(b)For purposes of the limitations PRESCRIBED in division	1626
(B)(7) of this section and the limitations prescribed in divisions	1627
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, WHICHEVER	1628
is applicable, all contributions made by and all contributions	1629
accepted from political contributing entities that are	1630
established, financed, maintained, or controlled by, or that are,	1631
the same corporation, ORGANIZATION, labor organization, continuing	1632
association, or other person, including any parent, SUBSIDIARY,	1633
division, or DEPARTMENT OF that corporation, organization, labor	1634
organization, continuing association, or other person, are	1635
considered to have been made by or accepted from a single	1636
political contributing entity.	1637

(2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and	1638
(C)(7) of this section, "political action committee" does not	1639
include a political action committee that is organized to support	1640
or oppose a ballot issue or question and that makes no	1641
contributions to or expenditures on behalf of a political party,	1642
campaign committee, legislative campaign fund, or political action	1643
committee,or political contributing entity. As used in divisions	1644
(B)(1)(g), (B)(3)(e), (B)(4), and (C)(7) of this section,	1645
"political contributing entity" does not include a political	1646
contributing entity that is organized to support or oppose a	1647
ballot issue or question and that makes no contributions to or	1648
expenditures on behalf of a political party, campaign committee,	1649
legislative campaign fund, political action committee, or	1650
political contributing entity.	1651

(3) For purposes of the limitations prescribed in divisions	1652
(B)(4) and (C)(7)(a) of this section, all contributions made by	1653
and all contributions accepted from a national political party, a	1654
state political party, and a county political party are considered	1655
to have been made by or accepted from a single political party and	1656
shall be combined with each other to determine whether the	1657
limitations have been exceeded.	1658

(E)(1) If a legislative campaign fund has kept a total	1659
amount of contributions exceeding one hundred fifty thousand	1660
dollars at the close of business on the seventh day before the	1661
postgeneral election statement is required to be filed under	1662
section 3517.10 of the Revised Code, the legislative campaign fund	1663
shall comply with division (E)(2) of this section.	1664

(2)(a) Any legislative campaign fund that has kept a total	1665
amount of contributions in excess of the amount specified in	1666
division (E)(1) of this section at the close of business on the	1667
seventh day before the postgeneral election statement is required	1668
to be filed under section 3517.10 of the Revised Code shall	1669
dispose of the excess amount in the manner prescribed in division	1670
(E)(2)(c)(i), (ii), or (iii) of this section not later than ninety	1671
days after the day the postgeneral election statement is required	1672
to be filed under section 3517.10 of the Revised Code. Any	1673
legislative campaign fund that is required to dispose of an excess	1674
amount of contributions under this division shall file a statement	1675
on the ninetieth day after the postgeneral election statement is	1676
required to be filed under section 3517.10 of the Revised Code	1677
indicating the total amount of contributions the fund has at the	1678
close of business on the seventh day before the postgeneral	1679
election statement is required to be filed under section 3517.10	1680
of the Revised Code and that the excess contributions were	1681
disposed of pursuant to this division and divisions (E)(2)(b) and	1682
(c) of this section. The statement shall be on a form prescribed	1683
by the secretary of state and shall contain any additional	1684
information the secretary of state considers necessary.	1685

(b) There is hereby created in the state treasury the Ohio	1686
elections commission fund. All moneys credited to the fund shall	1687
be used solely for the purpose of paying expenses related to the	1688
operation of the Ohio elections commission.	1689

(c) Any legislative campaign fund that is required to	1690
dispose of an excess amount of contributions under division (E)(2)	1691
of this section shall dispose of that excess amount by doing any	1692
of the following:	1693

(i) Giving the amount to the treasurer of state for deposit	1694
into the state treasury to the credit of the Ohio elections	1695
commission fund;	1696

(ii) Giving the amount to individuals who made contributions	1697
to that legislative campaign fund as a refund of all or part of	1698
their contributions;	1699

(iii) Giving the amount to a corporation that is exempt from	1700
federal income taxation under subsection 501(a) and described in	1701
subsection 501(c) of the Internal Revenue Code.	1702

(F)(1) No legislative campaign fund shall fail to file a	1703
statement required by division (E) of this section.	1704

(2) No legislative campaign fund shall fail to dispose of	1705
excess contributions as required by division (E) of this section.	1706

(G) Nothing in this section shall affect, be used in	1707
determining, or supersede a limitation on campaign contributions	1708
as provided for in the Federal Election Campaign Act.	1709

(H) This is an interim section effective until January 1,	1710
2000.	1711

Sec. 3517.105.  (A)(1) As used in this section, "public	1712
political advertising" means advertising to the general public	1713
through a broadcasting station, newspaper, magazine, poster, yard	1714
sign, or outdoor advertising facility, by direct mail, or by any	1715
other means of advertising to the general public.	1716

(2) For purposes of this section and section 3517.20 of the	1717
Revised Code, a person is a member of a political action committee	1718
if the person makes one or more contributions to that political	1719
action committee,and a person is a member of a political	1720
contributing entity if the person makes one or more contributions	1721
to, or pays dues, membership fees, or other assessments to, that	1722
political contributing entity.	1723

(B)(1) Whenever a candidate, a campaign committee, a	1724
political action committee or political contributing entity with	1725
ten or more members, or a legislative campaign fund makes an	1726
independent expenditure, or whenever a political action committee	1727
or political contributing entity with fewer than ten members makes	1728
an independent expenditure in excess of one hundred dollars for a	1729
local candidate, in excess of two hundred fifty dollars for a	1730
candidate for the office of member of the general assembly, or in	1731
excess of five hundred dollars for a statewide candidate, for the	1732
purpose of financing communications advocating the election or	1733
defeat of an identified candidate or solicits without the	1734
candidate's express consent a contribution for or against an	1735
identified candidate through public political advertising, a	1736
statement shall appear or be presented in a clear and conspicuous	1737
manner in the advertising that does both of the following:	1738

(a) Clearly indicates that the communication or public	1739
political advertising is not authorized by the candidate or the	1740
candidate's campaign committee;	1741

(b) Clearly identifies the candidate, campaign committee,	1742
political action committee, political contributing entity, or	1743
legislative campaign fund that has paid for the communication or	1744
public political advertising in accordance with section 3517.20 of	1745
the Revised Code.	1746

(2)(a) Whenever any campaign committee, legislative campaign	1747
fund, political action committee, political contributing entity,	1748
or political party makes an independent expenditure in support of	1749
or opposition to any candidate, the committee, entity, fund, or	1750
party shall report the independent expenditure and identify the	1751
candidate on a statement prescribed by the secretary of state and	1752
filed by the committee, entity, fund, or political party as part	1753
of its statement of contributions and expenditures pursuant to	1754
division (A) of section 3517.10 and division (A) of section	1755
3517.11 of the Revised Code.	1756

(b) Whenever any individual, partnership, or other entity,	1757
except a corporation, labor organization, campaign committee,	1758
legislative campaign fund, political action committee, political	1759
contributing entity, or political party, makes one or more	1760
independent expenditures in support of or opposition to any	1761
candidate, the individual, partnership, or other entity shall file	1762
with the secretary of state in the case of a statewide candidate,	1763
or with the board of elections in the county in which the	1764
candidate files the candidate's petitions for nomination or	1765
election for district or local office, not later than the dates	1766
specified in divisions (A)(1), (2), and (3) of section 3517.10 of	1767
the Revised Code, and, except as otherwise provided in that	1768
section, a statement itemizing all independent expenditures made	1769
during the period since the close of business on the last day	1770
reflected in the last previously filed such statement, if any.	1771
The statement shall be made on a form prescribed by the secretary	1772
of state, shall indicate the date and the amount of each	1773
independent expenditure and the candidate on whose behalf it was	1774
made, and shall be made under penalty of election falsification.	1775

(C)(1) Whenever a corporation, labor organization, campaign	1776
committee, political action committee with ten or more members, or	1777
legislative campaign fund makes an independent expenditure, or	1778
whenever a political action committee with fewer than ten members	1779
makes an independent expenditure in excess of one hundred dollars	1780
for a local ballot issue or question, or in excess of five hundred	1781
dollars for a statewide ballot issue or question, for the purpose	1782
of financing communications advocating support of or opposition to	1783
an identified ballot issue or question or solicits without the	1784
express consent of the ballot issue committee a contribution for	1785
or against an identified ballot issue or question through public	1786
political advertising, a statement shall appear or be presented in	1787
a clear and conspicuous manner in the advertising that does both	1788
of the following:	1789

(a) Clearly indicates that the communication or public	1790
political advertising is not authorized by the identified ballot	1791
issue committee;	1792

(b) Clearly identifies the corporation, labor organization,	1793
campaign committee, legislative campaign fund, or political action	1794
committee that has paid for the communication or public political	1795
advertising in accordance with section 3517.20 of the Revised	1796
Code.	1797

(2)(a) Whenever any corporation, labor organization,	1798
campaign committee, legislative campaign fund, political party, or	1799
political action committee makes an independent expenditure in	1800
support of or opposition to any ballot issue or question, the	1801
corporation or labor organization shall report the independent	1802
expenditure in accordance with division (C) of section 3599.03 of	1803
the Revised Code, and the campaign committee, fund, party, or	1804
political action committee shall report the independent	1805
expenditure and identify the ballot issue or question on a	1806
statement prescribed by the secretary of state and filed by the	1807
campaign committee, fund, political party, or political action	1808
committee as part of its statement of contributions and	1809
expenditures pursuant to division (A) of section 3517.10 and	1810
division (A) of section 3517.11 of the Revised Code.	1811

(b) Whenever any individual, partnership, or other entity,	1812
except a corporation, labor organization, campaign committee,	1813
legislative campaign fund, political action committee, or	1814
political party, makes one or more independent expenditures in	1815
excess of one hundred dollars in support of or opposition to any	1816
ballot issue or question, the individual, partnership, or other	1817
entity shall file with the secretary of state in the case of a	1818
statewide ballot issue or question, or with the board of elections	1819
in the county that certifies the issue or question for placement	1820
on the ballot in the case of a district or local issue or	1821
question, not later than the dates specified in division (A)(1),	1822
(2), and (3) of section 3517.10 of the Revised Code, and, except	1823
as otherwise provided in that section, a statement itemizing all	1824
independent expenditures made during the period since the close of	1825
business on the last day reflected in the last previously filed	1826
such statement, if any. The statement shall be made on a form	1827
prescribed by the secretary of state, shall indicate the date and	1828
the amount of each independent expenditure and the ballot issue or	1829
question in support of or opposition to which it was made, and	1830
shall be made under penalty of election falsification.	1831

(3) No person, campaign committee, legislative campaign	1832
fund, political action committee, corporation, labor organization,	1833
or other organization or association shall use or cause to be used	1834
a false or fictitious name in making an independent expenditure in	1835
support of or opposition to any candidate or any ballot issue or	1836
question. A name is false or fictitious if the person, campaign	1837
committee, legislative campaign fund, political action committee,	1838
corporation, labor organization, or other organization or	1839
association does not actually exist or operate, if the	1840
corporation, labor organization, or other organization or	1841
association has failed to file a fictitious name or other	1842
registration with the secretary of state, if it is required to do	1843
so, or if the person, campaign committee, legislative campaign	1844
fund, or political action committee has failed to file a	1845
designation of the appointment of a treasurer, if it is required	1846
to do so by division (D)(1) of section 3517.10 of the Revised	1847
Code.	1848

Sec. 3517.106.  (A) The secretary of state shall store on	1849
computer the information contained in statements of contributions	1850
and expenditures and monthly statements required to be filed under	1851
section 3517.10 of the Revised Code by any of the following:	1852

(1) The campaign committees of candidates for statewide	1853
office;	1854

(2) The political action committees and political	1855
contributing entities described in division (A)(1) of section	1856
3517.11 of the Revised Code;	1857

(3) Legislative campaign funds;

1858

(4) State political parties;

1859

(5) The campaign committees of candidates for the office of	1860
member of the general assembly.	1861

(B)(1) The secretary of state shall make available to the	1862
campaign committees, political action committees, political	1863
contributing entities, legislative campaign funds, and political	1864
parties described in division (A) of this section, and to members	1865
of the news media and other interested persons, for a reasonable	1866
fee, computer programs compatible with histhe secretary of	1867
state's method of storing the information contained in the	1868
statements.	1869

(2) The secretary of state shall make the information	1870
required to be stored under division (A) of this section available	1871
on computer at histhe secretary of state's office so that, to the	1872
maximum extent feasible, individuals may obtain at histhe	1873
secretary of state's office any part or all of that information	1874
for any given year, subject to the limitation expressed in	1875
division (C) of this section.	1876

(C) The secretary of state shall keep the information stored	1877
on computer under division (A) of this section for at least six	1878
years.	1879

Sec. 3517.108.  (A) As used in divisions (A) and (B) of this	1880
section:	1881

(1) "Candidate" has the same meaning as in section 3517.01	1882
of the Revised Code but includes only candidates for the offices	1883
of governor, lieutenant governor, secretary of state, auditor of	1884
state, treasurer of state, attorney general, member of the state	1885
board of education, member of the general assembly, chief justice	1886
of the supreme court, and justice of the supreme court.	1887

(2) A "general election period" begins on the day after the	1888
primary election immediately preceding the general election at	1889
which a candidate seeks an office specified in division (A)(1) of	1890
this section and ends on the thirty-first day of December	1891
following that general election.	1892

(3) A "primary election period" begins on the first day of	1893
January of the year following the year in which the general	1894
election was held for the office that the candidate seeks,	1895
including any mid-term election, and ends on the day of the	1896
primary election.	1897

(B) Whenever the campaign committee of a candidate has	1898
unpaid debt at the end of a primary election period or at the end	1899
of a general election period, the committee may accept additional	1900
contributions during the immediately following election period up	1901
to the applicable limitation prescribed under section 3517.102 of	1902
the Revised Code from any individual, political action committee,	1903
political contributing entity, or other campaign committee who,	1904
during the primary or general election period for which debt	1905
remains unpaid, has contributed less than the contribution	1906
limitations prescribed under section 3517.102 of the Revised Code	1907
applicable to that individual, political action committee,	1908
political contributing entity, or other campaign committee. Any	1909
additional contribution that a campaign committee accepts under	1910
this division shall count toward the applicable limitations	1911
prescribed under section 3517.102 of the Revised Code for that	1912
primary or general election period at the end of which the debt	1913
remains unpaid, and shall not count toward the applicable	1914
limitations for any other primary or general election period if	1915
all of the following conditions apply:	1916

(1) The campaign committee reports, on the statement	1917
required to be filed under division (A)(2) of section 3517.10 of	1918
the Revised Code, all debt remaining unpaid at the end of the	1919
election period. The committee shall also file a separate	1920
statement, on a form prescribed by the secretary of state, at the	1921
same time that the committee is required to file a statement of	1922
contributions and expenditures under section 3517.10 of the	1923
Revised Code. The separate statement shall include the name and	1924
address of each contributor who makes an additional contribution	1925
under division (B) of this section, how the contribution was	1926
applied to pay the unpaid debt as required by division (B)(3) of	1927
this section, and the balance of the unpaid debt after each	1928
contribution was applied to it.	1929

(2) The additional contributions are accepted only during	1930
the primary or general election period, whichever is applicable,	1931
immediately following the election period covered in the statement	1932
filed under division (B)(1) of this section.	1933

(3) All additional contributions made under division (B) of	1934
this section are used by the campaign committee that receives them	1935
only to pay the debt of the committee reported under division	1936
(B)(1) of this section.	1937

(4) The campaign committee maintains a separate account for	1938
all additional contributions made under division (B) of this	1939
section, and uses moneys in that account only to pay the unpaid	1940
debt reported under division (B)(1) of this section and to	1941
administer the account.	1942

(5) The campaign committee stops accepting additional	1943
contributions after funds sufficient to repay the unpaid debt	1944
reported under division (B)(1) of this section have been raised	1945
and promptly disposes of any contributions received that exceed	1946
the amount of the unpaid debt by returning the excess	1947
contributions to the contributors or by giving the excess	1948
contributions to an organization that is exempt from federal	1949
income taxation under subsection 501(a) and described in	1950
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal	1951
Revenue Code.	1952

Sec. 3517.109.  (A) As used in this section:

1953

(1) "Candidate" has the same meaning as in section 3517.01	1954
of the Revised Code but includes only candidates for the offices	1955
of governor, lieutenant governor, secretary of state, auditor of	1956
state, treasurer of state, attorney general, member of the state	1957
board of education, and member of the general assembly.	1958

(2) "Statewide candidate" means the joint candidates for the	1959
offices of governor and lieutenant governor or a candidate for the	1960
office of secretary of state, auditor of state, treasurer of	1961
state, attorney general, and member of the state board of	1962
education.	1963

(3) "Senate candidate" means a candidate for the office of	1964
state senator.	1965

(4) "House candidate" means a candidate for the office of	1966
state representative.	1967

(5) "State office" means the offices of governor, lieutenant	1968
governor, secretary of state, auditor of state, treasurer of	1969
state, attorney general, member of the state board of education,	1970
and member of the general assembly.	1971

(6) "Aggregate contribution" means the total of all	1972
contributions from a contributor during the pre-filing period.	1973

(7) "Allowable aggregate contribution" means all of the	1974
following:	1975

(a) In the case of a contribution from a contributor whose	1976
contributions are subject to the contribution limits described in	1977
divisions (B)(1), (2), (3), or (6)(a),or(7) of section 3517.102	1978
of the Revised Code, that portion of the amount of the	1979
contributor's aggregate contribution that does not exceed the	1980
pre-primary contribution limit applicable to that contributor.	1981

(b) In the case of a contribution or contributions from a	1982
contributor whose contributions are not subject to the	1983
contribution limits described in divisions (B)(1), (2), (3), or	1984
(6)(a),or(7) of section 3517.102 of the Revised Code, the total	1985
of the following:	1986

(i) That portion of the aggregate contribution that was	1987
received as in-kind services;	1988

(ii) That portion of the aggregate contribution that was	1989
received as cash and does not exceed the applicable pre-primary	1990
cash transfer or contribution limits described in division	1991
(B)(6)(b) of section 3517.102 of the Revised Code.	1992

(8) "Excess aggregate contribution" means, for each	1993
contributor, the amount by which that contributor's aggregate	1994
contribution exceeds that contributor's allowable aggregate	1995
contribution.	1996

(9) "Pre-filing period" means the period of time ending on	1997
the day that the candidacy petitions are due for the state office	1998
for which the candidate has filed and beginning on the latest date	1999
of the following:	2000

(a) The first day of January of the year following the	2001
general election in which that state office was last on the	2002
ballot;	2003

(b) The first day of January of the year following the	2004
general election in which the candidate was last a candidate for	2005
any office;	2006

(c) The first day of the month following the primary	2007
election in which the candidate was last a candidate for any	2008
office;	2009

(d) The date of the primary election held in 1996.

2010

(10) "Filing date" means the last date on which a candidacy	2011
petition may be filed for an office.	2012

(11) "Applicable carry-in limit" means thirty-five thousand	2013
dollars if the candidate is a house candidate or a candidate for	2014
the state board of education, one hundred thousand dollars if the	2015
candidate is a senate candidate, and two hundred thousand dollars	2016
if the candidate is a statewide candidate other than a candidate	2017
for the state board of education.	2018

(12) "Campaign asset" means prepaid, purchased, or donated	2019
assets available to the candidate on the date of the filing	2020
deadline for the office the candidate is seeking that will be	2021
consumed or depleted in the course of the candidate's election	2022
campaign, including, but not limited to, postage, prepaid rent for	2023
campaign headquarters, prepaid radio, television, and newspaper	2024
advertising, and other prepaid consulting and personal services.	2025

(13) "Permitted funds" means the sum of the following:

2026

(a) The total of the allowable aggregate contribution of	2027
each contributor;	2028

(b) The applicable carry-in limit.

2029

(14) "Excess funds" means the amount by which the sum of the	2030
total cash on hand and total reported campaign assets exceeds	2031
permitted funds.	2032

(B)(1) Beginning in calendar year 1998 for house candidates	2033
and beginning in calendar year 2000 for senate candidates and	2034
statewide candidates and in each calendar year thereafter, each	2035
candidate who files for state office, not later than the filing	2036
date for that office, shall dispose of any excess funds and excess	2037
aggregate contributions.	2038

(2) In calendar year 1998, each candidate who files for	2039
statewide office or state senate, not later than the filing date	2040
for that office, shall dispose of any excess aggregate	2041
contributions.	2042

(C) Any campaign committee that is required to dispose of	2043
excess funds or excess aggregate contributions under division (B)	2044
of this section shall dispose of that excess amount or amounts by	2045
doing any of the following:	2046

(1) Giving the amount to the treasurer of state for deposit	2047
into the state treasury to the credit of the Ohio elections	2048
commission fund;	2049

(2) Giving the amount to individuals who made contributions	2050
to that campaign committee as a refund of all or part of their	2051
contributions;	2052

(3) Giving the amount to a corporation that is exempt from	2053
federal income taxation under subsection 501(a) and described in	2054
subsection 501(c) of the Internal Revenue Code.	2055

(D) No candidate shall appear on the ballot, even if the	2056
candidate has been certified to appear on the ballot, unless the	2057
candidate's campaign committee has disposed of excess funds and	2058
excess aggregate contributions as required by divisions (B) and	2059
(C) of this section.	2060

(E) The campaign committee of each candidate required to	2061
dispose of excess funds or excess aggregate contributions under	2062
this section shall file a report, on a form prescribed by the	2063
secretary of state, with the official or board with which the	2064
candidate is required to file statements under section 3517.11 of	2065
the Revised Code. The report shall be filed by the seventh day	2066
following the filing deadline for the office the candidate is	2067
seeking, shall indicate the amount of excess funds and the source	2068
and amount of each excess aggregate contribution disposed of, and	2069
shall describe the manner in which the campaign committee disposed	2070
of the excess amounts.	2071

(F)(1) Beginning in calendar year 1998, each campaign	2072
committee of a candidate who has filed a declaration of candidacy	2073
or a nominating petition for a state office, not later than seven	2074
days after the date of the filing deadline for the office the	2075
candidate is seeking, shall file a declaration of filing-day	2076
finances, on a form prescribed by the secretary of state, with the	2077
official or board with which the candidate is required to file	2078
statements under section 3517.10 of the Revised Code.	2079

(2) A declaration of filing-day finances shall list all of	2080
the following:	2081

(a) The amount of cash on hand in the candidate's campaign	2082
fund on the date the filing deadline for the office the candidate	2083
is seeking.	2084

(b) The value and description of all campaign assets worth	2085
five hundred dollars or more available to the candidate on the	2086
date of the filing. Assets purchased by the campaign shall be	2087
valued at actual cost, and in-kind contributions shall be valued	2088
at market value.	2089

(c) The total of all aggregate contributions;

2090

(d) The total of all allowable aggregate contributions;

2091

(e) The total of all excess aggregate contributions;

2092

(f) For each contributor, if any, for whom there is an	2093
excess aggregate contribution, the name, address, aggregate	2094
contribution, and excess aggregate contribution;	2095

(g) The applicable carry-in limit, if any.

2096

(G) A campaign committee of a candidate is not required to	2097
file a declaration of filing-day finances under division (F) of	2098
this section if all of the following apply:	2099

(1) The campaign committee has not accepted any aggregate	2100
contribution greater than the applicable amount, excluding any	2101
contribution accepted before the day of the primary election held	2102
in 1996.	2103

(2) The campaign committee has less than the carry-in amount	2104
in cash on hand at the beginning of the pre-primary period, if	2105
applicable.	2106

(3) The candidate files a declaration, on a form prescribed	2107
by the secretary of state, with the official or board with which	2108
the candidate is required to file statements under section 3517.11	2109
of the Revised Code not later than seven days after the date of	2110
the filing deadline for the office that candidate is seeking,	2111
stating that the candidate's campaign committee has not accepted	2112
aggregate contributions as described in division (G)(1) of this	2113
section and has less than the carry-in amount in cash on hand as	2114
described in division (G)(2) of this section.	2115

Sec. 3517.11.  (A)(1) Campaign committees of candidates for	2116
statewide offices or the state board of education, political	2117
action committees or political contributing entities that make	2118
contributions to campaign committees of candidates that are	2119
required to file the statements prescribed by section 3517.10 of	2120
the Revised Code with the secretary of state, political action	2121
committees or political contributing entities that make	2122
contributions to campaign committees of candidates for member of	2123
the general assembly, political action committees or political	2124
contributing entities that make contributions to state and	2125
national political parties and to legislative campaign funds,	2126
political action committees or political contributing entities	2127
that receive contributions or make expenditures in connection with	2128
a statewide ballot issue, political action committees or political	2129
contributing entities that make contributions to other political	2130
action committees or political contributing entities, political	2131
parties, and campaign committees, except as set forth in division	2132
(A)(3) of this section, legislative campaign funds, and state and	2133
national political parties shall file the statements prescribed by	2134
section 3517.10 of the Revised Code with the secretary of state.	2135

(2) Campaign committees of candidates for all other offices	2136
shall file the statements prescribed by section 3517.10 of the	2137
Revised Code with the board of elections where their candidates	2138
are required to file their petitions or other papers for	2139
nomination or election.	2140

(3) Political action committees or political contributing	2141
entities that only contribute to a county political party,	2142
contribute to campaign committees of candidates whose nomination	2143
or election is to be submitted only to electors within a county,	2144
subdivision, or district, excluding candidates for member of the	2145
general assembly, and receive contributions or make expenditures	2146
in connection with ballot questions or issues to be submitted only	2147
to electors within a county, subdivision, or district, shall file	2148
the statements prescribed by section 3517.10 of the Revised Code	2149
with the board of elections in that county or in the county	2150
contained in whole or part within the subdivision or district	2151
having a population greater than that of any other county	2152
contained in whole or part within that subdivision or district, as	2153
the case may be.	2154

(4) County political parties shall file the statements	2155
prescribed by section 3517.10 of the Revised Code with the board	2156
of elections of their respective counties.	2157

(B)(1) The official with whom petitions and other papers for	2158
nomination or election to public office are filed shall furnish	2159
each candidate at the time of that filing a copy of sections	2160
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	2161
3599.031 of the Revised Code and any other materials that the	2162
secretary of state may require. Each candidate receiving the	2163
materials shall acknowledge their receipt in writing. Each board	2164
of elections shall send a copy of each statement, addendum,	2165
amendment, or other correction to a statement filed with or	2166
received by it for a candidate for member of the general assembly	2167
to the secretary of state not later than two business days after	2168
the statement, addendum, amendment, or other correction is filed	2169
with or received by the board.	2170

(2) On or before the tenth day before the dates on which	2171
statements are required to be filed by section 3517.10 of the	2172
Revised Code, every candidate subject to the provisions of this	2173
section and section 3517.10 of the Revised Code shall be notified	2174
of the requirements and applicable penalties of those sections.	2175
The secretary of state, by certified mail with return receipt	2176
requested, shall notify all candidates required to file those	2177
statements with the secretary of state's office. The board of	2178
elections of every county shall notify by first class mail any	2179
candidate who has personally appeared at the office of the board	2180
on or before the tenth day before the statements are required to	2181
be filed and signed a form, to be provided by the secretary of	2182
state, attesting that the candidate has been notified of the	2183
candidate's obligations under the campaign finance law. The board	2184
shall forward the completed form to the secretary of state. The	2185
board shall use certified mail with return receipt requested to	2186
notify all other candidates required to file those statements with	2187
it.	2188

(3) Any statement required to be filed under sections	2189
3517.081 to 3517.17 of the Revised Code that is found to be	2190
incomplete or inaccurate by the officer to whom it is submitted	2191
shall be accepted on a conditional basis, and the person who filed	2192
it shall be notified by certified mail as to the incomplete or	2193
inaccurate nature of the statement. The secretary of state may	2194
examine statements filed for candidates for the office of member	2195
of the general assembly for completeness and accuracy. If an	2196
officer at the board of elections where a statement of that type	2197
was submitted finds the statement to be incomplete or inaccurate,	2198
the officer shall immediately notify the secretary of state of its	2199
incomplete or inaccurate nature. If either an officer at the	2200
board of elections or the secretary of state finds a statement of	2201
that type to be incomplete or inaccurate, only the secretary of	2202
state shall send the notification as to the incomplete or	2203
inaccurate nature of the statement. Within twenty-one days after	2204
receipt of notice, in the case of a pre-election statement, a	2205
postelection statement, a monthly statement, or an annual	2206
statement prescribed by section 3517.10, an annual statement	2207
prescribed by section 3517.101, or a statement prescribed by	2208
division (B)(2)(b) or (D)(2)(b) of section 3517.105 or section	2209
3517.107 of the Revised Code, the recipient shall file an addendum	2210
to the statement providing the information necessary to complete	2211
or correct the statement. The secretary of state shall determine	2212
by rule when an addendum to a two-business-day statement	2213
prescribed by section 3517.10 of the Revised Code shall be filed.	2214

(4)(a) The secretary of state or the board of elections	2215
shall examine all statements for compliance with sections 3517.08	2216
to 3517.17 of the Revised Code.	2217

(b) The secretary of state may contract with an individual	2218
or entity not associated with the secretary of state and	2219
experienced in interpreting the campaign finance reporting law of	2220
this state to conduct examinations of statements filed by any	2221
statewide candidate as this term is defined in section 3517.103 of	2222
the Revised Code.	2223

(c) The examination shall be conducted by a person or entity	2224
qualified to conduct it. The results of the examination shall be	2225
available to the public and, when the examination is conducted by	2226
an individual or entity not associated with the secretary of	2227
state, the results of the examination shall be reported to the	2228
secretary of state.	2229

(C)(1) In the event of a failure to file or a late filing of	2230
a statement required to be filed under sections 3517.081 to	2231
3517.17 of the Revised Code or if a filed statement or any	2232
addendum to the statement, if an addendum is required to be filed,	2233
is incomplete or inaccurate, or appears to disclose a failure to	2234
comply with or a violation of law, the official whose duty it is	2235
to examine the statement shall promptly file a complaint with the	2236
Ohio elections commission under section 3517.153 of the Revised	2237
Code if the law is one over which the commission has jurisdiction	2238
to hear complaints, or the official shall promptly report the	2239
failure or violation to the board of elections and the board shall	2240
promptly report it to the prosecuting attorney in accordance with	2241
division (J) of section 3501.11 of the Revised Code. If the	2242
official files a complaint with the commission, the commission	2243
shall proceed in accordance with sections 3517.154 to 3517.157 of	2244
the Revised Code.	2245

(2) For purposes of division (C)(1) of this section, a	2246
statement or an addendum to a statement required to be filed under	2247
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	2248
inaccurate under this section if the statement or addendum fails	2249
to disclose substantially all contributions that are received from	2250
a source and that are required to be reported under sections	2251
3517.10, 3517.107, and 3517.108 of the Revised Code or if the	2252
statement or addendum fails to disclose at least ninety per cent	2253
of the total contributions received or of the total expenditures	2254
made during the reporting period.	2255

(D) No certificate of nomination or election shall be issued	2256
to a person, and no person elected to an office shall enter upon	2257
the performance of the duties of that office, until that person or	2258
that person's campaign committee, as appropriate, has fully	2259
complied with this section and sections 3517.08, 3517.081,	2260
3517.10, and 3517.13 of the Revised Code.	2261

Sec. 3517.13.  (A)(1) No campaign committee for a candidate	2262
whose candidacy for nomination or election was submitted to	2263
electors throughout the entire state shall fail to file a complete	2264
and accurate statement required under division (A)(1) of section	2265
3517.10 of the Revised Code.	2266

(2) No campaign committee of a statewide candidate shall	2267
fail to file a complete and accurate monthly statement, and no	2268
campaign committee of a statewide candidate or a candidate for the	2269
office of chief justice or justice of the supreme court shall fail	2270
to file a complete and accurate two-business-day statement, as	2271
required under section 3517.10 of the Revised Code.	2272

As used in division (A)(2) of this section, "statewide	2273
candidate" has the same meaning as in division (F)(2) of section	2274
3517.10 of the Revised Code.	2275

(B) No campaign committee for a candidate whose candidacy	2276
for nomination or election was submitted to electors within a	2277
county or district shall fail to file a complete and accurate	2278
statement required under division (A)(1) of section 3517.10 of the	2279
Revised Code.	2280

(C) No campaign committee shall fail to file a complete and	2281
accurate statement required under division (A)(2) of section	2282
3517.10 of the Revised Code.	2283

(D) No campaign committee shall fail to file a complete and	2284
accurate statement required under division (A)(3) of section	2285
3517.10 of the Revised Code.	2286

(E) No person other than a campaign committee shall	2287
knowingly fail to file a statement required under section 3517.10	2288
or 3517.107 of the Revised Code.	2289

(F) No person shall make cash contributions to any person	2290
totaling more than one hundred dollars in each primary, special,	2291
or general election.	2292

(G)(1) No person shall knowingly conceal or misrepresent	2293
contributions given or received, expenditures made, or any other	2294
information required to be reported by a provision in sections	2295
3517.08 to 3517.13 and 3517.17 of the Revised Code.	2296

(2)(a) No person shall make a contribution to a campaign	2297
committee, political action committee, legislative campaign fund,	2298
or political party,or political contributing entity in the name	2299
of another person.	2300

(b) A person does not make a contribution in the name of	2301
another when either of the following applies:	2302

(i) An individual makes a contribution from a partnership or	2303
unincorporated business account, if the contribution is reported	2304
by listing both the name of the partnership or unincorporated	2305
business and the name of the partner or owner making the	2306
contribution.	2307

(ii) A person makes a contribution in that person's spouse's	2308
name or in both of their names.	2309

(H) No person within this state, publishing a newspaper or	2310
other periodical, shall charge a campaign committee for political	2311
advertising a rate in excess of the rate such person would charge	2312
if the campaign committee were a general rate advertiser whose	2313
advertising was directed to promoting its business within the same	2314
area as that encompassed by the particular office that the	2315
candidate of the campaign committee is seeking. The rate shall	2316
take into account the amount of space used, as well as the type of	2317
advertising copy submitted by or on behalf of the campaign	2318
committee. All discount privileges otherwise offered by a	2319
newspaper or periodical to general rate advertisers shall be	2320
available upon equal terms to all campaign committees.	2321

No person within this state, operating a radio or television	2322
station or network of stations in this state, shall charge a	2323
campaign committee for political broadcasts a rate that exceeds:	2324

(1) During the forty-five days preceding the date of a	2325
primary election and during the sixty days preceding the date of a	2326
general or special election in which the candidate of the campaign	2327
committee is seeking office, the lowest unit charge of the station	2328
for the same class and amount of time for the same period;	2329

(2) At any other time, the charges made for comparable use	2330
of such station by its other users.	2331

(I) Subject to divisions (K), (L), (M), and (N) of this	2332
section, no agency or department of this state or any political	2333
subdivision shall award any contract, other than one let by	2334
competitive bidding or a contract incidental to such contract or	2335
which is by force account, for the purchase of goods costing more	2336
than five hundred dollars or services costing more than five	2337
hundred dollars to any individual, partnership, association,	2338
including, without limitation, a professional association	2339
organized under Chapter 1785. of the Revised Code, estate, or	2340
trust if the individual has made or the individual's spouse has	2341
made, or any partner, shareholder, administrator, executor, or	2342
trustee, or the spouses of any of them has made, as an individual,	2343
within the two previous calendar years, one or more contributions	2344
totaling in excess of one thousand dollars to the holder of the	2345
public office having ultimate responsibility for the award of the	2346
contract or to the public officer's campaign committee.	2347

(J) Subject to divisions (K), (L), (M), and (N) of this	2348
section, no agency or department of this state or any political	2349
subdivision shall award any contract, other than one let by	2350
competitive bidding or a contract incidental to such contract or	2351
which is by force account, for the purchase of goods costing more	2352
than five hundred dollars or services costing more than five	2353
hundred dollars to a corporation or business trust, except a	2354
professional association organized under Chapter 1785. of the	2355
Revised Code, if an owner of more than twenty per cent of the	2356
corporation or business trust or the spouse of such person, has	2357
made, as an individual, within the two previous calendar years,	2358
taking into consideration only owners for all of such period, one	2359
or more contributions totaling in excess of one thousand dollars	2360
to the holder of a public office having ultimate responsibility	2361
for the award of the contract or to the public officer's campaign	2362
committee.	2363

(K) For purposes of divisions (I) and (J) of this section,	2364
if a public officer who is responsible for the award of a contract	2365
is appointed by the governor, whether or not the appointment is	2366
subject to the advice and consent of the senate, excluding members	2367
of boards, commissions, committees, authorities, councils, boards	2368
of trustees, task forces, and other such entities appointed by the	2369
governor, the office of the governor is considered to have	2370
ultimate responsibility for the award of the contract.	2371

(L) For purposes of divisions (I) and (J) of this section,	2372
if a public officer who is responsible for the award of a contract	2373
is appointed by the elected chief executive officer of a municipal	2374
corporation, or appointed by the elected chief executive officer	2375
of a county operating under an alternative form of county	2376
government or county charter, excluding members of boards,	2377
commissions, committees, authorities, councils, boards of	2378
trustees, task forces, and other such entities appointed by the	2379
chief executive officer, the office of the chief executive officer	2380
is considered to have ultimate responsibility for the award of the	2381
contract.	2382

(M)(1) Divisions (I) and (J) of this section do not apply to	2383
contracts awarded by the board of commissioners of the sinking	2384
fund, municipal legislative authorities, boards of education,	2385
boards of county commissioners, boards of township trustees, or	2386
other boards, commissions, committees, authorities, councils,	2387
boards of trustees, task forces, and other such entities created	2388
by law, by the supreme court or courts of appeals, by county	2389
courts consisting of more than one judge, courts of common pleas	2390
consisting of more than one judge, or municipal courts consisting	2391
of more than one judge, or by a division of any court if the	2392
division consists of more than one judge. Division (M)(1) of this	2393
section shall apply to the specified entity only if the members of	2394
the entity act collectively in the award of a contract for goods	2395
or services.	2396

(2) Divisions (I) and (J) of this section do not apply to	2397
actions of the controlling board.	2398

(N)(1) Divisions (I) and (J) of this section apply to	2399
contributions made to the holder of a public office having	2400
ultimate responsibility for the award of a contract, or to the	2401
public officer's campaign committee, during the time the person	2402
holds the office and during any time such person was a candidate	2403
for the office. These divisions do not apply to contributions	2404
made to, or to the campaign committee of, a candidate for or	2405
holder of the office other than the holder of the office at the	2406
time of the award of the contract.	2407

(2) Divisions (I) and (J) of this section do not apply to	2408
contributions of a partner, shareholder, administrator, executor,	2409
trustee, or owner of more than twenty per cent of a corporation or	2410
business trust made before the person held any of those positions	2411
or after the person ceased to hold any of those positions in the	2412
partnership, association, estate, trust, corporation, or business	2413
trust whose eligibility to be awarded a contract is being	2414
determined, nor to contributions of the person's spouse made	2415
before the person held any of those positions, after the person	2416
ceased to hold any of those positions, before the two were	2417
married, or after the granting of a decree of divorce, dissolution	2418
of marriage, or nullity, or the granting of an order in an action	2419
brought solely for legal separation. These divisions do not apply	2420
to contributions of the spouse of an individual whose eligibility	2421
to be awarded a contract is being determined made before the two	2422
were married, or after the granting of a decree of divorce,	2423
dissolution of marriage, or nullity, or the granting of an order	2424
in an action brought solely for legal separation.	2425

(O) No beneficiary of a campaign fund or other person shall	2426
convert for personal use, and no person shall knowingly give to a	2427
beneficiary of a campaign fund or any other person, for the	2428
beneficiary's or any other person's personal use, anything of	2429
value from the beneficiary's campaign fund, including, without	2430
limitation, payments to a beneficiary for services the beneficiary	2431
personally performs, except as reimbursement for any of the	2432
following:	2433

(1) Legitimate and verifiable prior campaign expenses	2434
incurred by the beneficiary;	2435

(2) Legitimate and verifiable, ordinary, and necessary prior	2436
expenses incurred by the beneficiary in connection with duties as	2437
the holder of a public office, including, without limitation,	2438
expenses incurred through participation in nonpartisan or	2439
bipartisan events if the participation of the holder of a public	2440
office would normally be expected;	2441

(3) Legitimate and verifiable ordinary and necessary prior	2442
expenses incurred by the beneficiary while:	2443

(a) Engaged in activities in support of or opposition to a	2444
candidate other than the beneficiary, political party, or ballot	2445
issue;	2446

(b) Raising funds for a political party, political action	2447
committee, political contributing entity, legislative campaign	2448
fund, campaign committee, or other candidate;	2449

(c) Participating in the activities of a political party,	2450
political action committee, political contributing entity,	2451
legislative campaign fund, or campaign committee; or	2452

(d) Attending a political party convention or other	2453
political meeting.	2454

For purposes of this division, an expense is incurred	2455
whenever a beneficiary has either made payment or is obligated to	2456
make payment, as by the use of a credit card or other credit	2457
procedure or by the use of goods or services received on account.	2458

(P) No beneficiary of a campaign fund shall knowingly	2459
accept, and no person shall knowingly give to the beneficiary of a	2460
campaign fund, reimbursement for an expense under division (O) of	2461
this section to the extent that the expense previously was	2462
reimbursed or paid from another source of funds. If an expense is	2463
reimbursed under division (O) of this section and is later paid or	2464
reimbursed, wholly or in part, from another source of funds, the	2465
beneficiary shall repay the reimbursement received under division	2466
(O) of this section to the extent of the payment made or	2467
reimbursement received from the other source.	2468

(Q) No candidate or public official or employee shall accept	2469
for personal or business use anything of value from a political	2470
party, political action committee, political contributing entity,	2471
legislative campaign fund, or campaign committee other than the	2472
candidate's or public official's or employee's own campaign	2473
committee, and no person shall knowingly give to a candidate or	2474
public official or employee anything of value from a political	2475
party, political action committee, political contributing entity,	2476
legislative campaign fund, or such a campaign committee, except	2477
for the following:	2478

(1) Reimbursement for legitimate and verifiable, ordinary,	2479
and necessary prior expenses not otherwise prohibited by law	2480
incurred by the candidate or public official or employee while	2481
engaged in any legitimate activity of the political party,	2482
political action committee, political contributing entity,	2483
legislative campaign fund, or such campaign committee. Without	2484
limitation, reimbursable expenses under this division include	2485
those incurred while:	2486

(a) Engaged in activities in support of or opposition to	2487
another candidate, political party, or ballot issue;	2488

(b) Raising funds for a political party, legislative	2489
campaign fund, campaign committee, or another candidate; or	2490

(c) Attending a political party convention or other	2491
political meeting.	2492

(2) Compensation not otherwise prohibited by law for actual	2493
and valuable personal services rendered under a written contract	2494
to the political party, political action committee, political	2495
contributing entity, legislative campaign fund, or such campaign	2496
committee for any legitimate activity of the political party,	2497
political action committee, political contributing entity,	2498
legislative campaign fund, or such campaign committee.	2499

Reimbursable expenses under this division do not include, and	2500
it is a violation of this division for a candidate or public	2501
official or employee to accept, or for any person to knowingly	2502
give to a candidate or public official or employee from a	2503
political party, political action committee, political	2504
contributing entity, legislative campaign fund, or campaign	2505
committee other than the candidate's or public official's or	2506
employee's own campaign committee, anything of value for	2507
activities primarily related to the candidate's or public	2508
official's or employee's own campaign for election, except for	2509
contributions to the candidate's or public official's or	2510
employee's campaign committee.	2511

For purposes of this division, an expense is incurred	2512
whenever a candidate or public official or employee has either	2513
made payment or is obligated to make payment, as by the use of a	2514
credit card or other credit procedure, or by the use of goods or	2515
services on account.	2516

(R)(1) Division (O) or (P) of this section does not prohibit	2517
a campaign committee from making direct advance or post payment	2518
from contributions to vendors for goods and services for which	2519
reimbursement is permitted under division (O) of this section,	2520
except that no campaign committee shall pay its candidate or other	2521
beneficiary for services personally performed by the candidate or	2522
other beneficiary.	2523

(2) If any expense that may be reimbursed under division	2524
(O), (P), or (Q) of this section is part of other expenses that	2525
may not be paid or reimbursed, the separation of the two types of	2526
expenses for the purpose of allocating for payment or	2527
reimbursement those expenses that may be paid or reimbursed may be	2528
by any reasonable accounting method, considering all of the	2529
surrounding circumstances.	2530

(3) For purposes of divisions (O), (P), and (Q) of this	2531
section, mileage allowance at a rate not greater than that allowed	2532
by the internal revenue service at the time the travel occurs may	2533
be paid instead of reimbursement for actual travel expenses	2534
allowable.	2535

(S)(1) As used in division (S) of this section:

2536

(a) "State elective office" has the same meaning as in	2537
section 3517.092 of the Revised Code.	2538

(b) "Federal office" means a federal office as defined in	2539
the Federal Election Campaign Act.	2540

(c) "Federal campaign committee" means a principal campaign	2541
committee or authorized committee as defined in the Federal	2542
Election Campaign Act.	2543

(2) No person who is a candidate for state elective office	2544
and who previously sought nomination or election to a federal	2545
office shall transfer any funds or assets from that person's	2546
federal campaign committee for nomination or election to the	2547
federal office to that person's campaign committee as a candidate	2548
for state elective office.	2549

(3) No campaign committee of a person who is a candidate for	2550
state elective office and who previously sought nomination or	2551
election to a federal office shall accept any funds or assets from	2552
that person's federal campaign committee for that person's	2553
nomination or election to the federal office.	2554

(T)(1) Except as otherwise provided in division (B)(6)(c) of	2555
section 3517.102 of the Revised Code, a state or county political	2556
party shall not disburse moneys from any account other than a	2557
state candidate fund to make contributions to any of the	2558
following:	2559

(a) A state candidate fund;

2560

(b) A legislative campaign fund;

2561

(c) A campaign committee of a candidate for the office of	2562
governor, lieutenant governor, secretary of state, auditor of	2563
state, treasurer of state, attorney general, member of the state	2564
board of education, or member of the general assembly.	2565

(2) No state candidate fund, legislative campaign fund, or	2566
campaign committee of a candidate for any office described in	2567
division (T)(1)(c) of this section shall knowingly accept a	2568
contribution in violation of division (T)(1) of this section.	2569

(U) No person shall fail to file the statement required	2570
under section 3517.12 of the Revised Code.	2571

(V) No campaign committee shall fail to file a statement	2572
required under division (K)(3) of section 3517.10 of the Revised	2573
Code.	2574

Sec. 3517.152.  (A)(1) There is hereby created the Ohio	2575
elections commission consisting of seven members.	2576

Not later than forty-five days after the effective date of	2577
this section, the speaker of the house of representatives and the	2578
leader in the senate of the political party of which the speaker	2579
is a member shall jointly submit to the governor a list of five	2580
persons who are affiliated with that political party. Not later	2581
than forty-five days after the effective date of this section, the	2582
two legislative leaders in the two houses of the general assembly	2583
of the major political party of which the speaker is not a member	2584
shall jointly submit to the governor a list of five persons who	2585
are affiliated with the major political party of which the speaker	2586
is not a member. Not later than fifteen days after receiving each	2587
list, the governor shall appoint three persons from each list to	2588
the commission. The governor shall appoint one person from each	2589
list to a term that ends on December 31, 1996, one person from	2590
each list to a term that ends on December 31, 1997, and one person	2591
from each list to a term that ends on December 31, 1998.	2592

Not later than thirty days after the governor appoints these	2593
six members they shall, by a majority vote, appoint to the	2594
commission a seventh member, who shall not be affiliated with a	2595
political party. If the six members fail to appoint the seventh	2596
member within this thirty-day period, the chief justice of the	2597
supreme court, not later than thirty days after the end of the	2598
period during which the six members were required to appoint a	2599
member, shall appoint the seventh member, who shall not be	2600
affiliated with a political party. The seventh member shall be	2601
appointed to a term that ends on December 31, 2001. Terms of the	2602
initial members appointed under division (A)(1) of this section	2603
begin on January 1, 1996.	2604

(2) If a vacancy occurs in the position of the seventh	2605
member, who is not affiliated with a political party, the six	2606
remaining members by a majority vote shall appoint, not later than	2607
fifteen days after the date of the vacancy, the seventh member of	2608
the commission, who shall not be affiliated with a political	2609
party. If these members fail to appoint the seventh member within	2610
this fifteen-day period, the chief justice of the supreme court,	2611
within fifteen days after the end of this period, shall appoint	2612
the seventh member, who shall not be affiliated with a political	2613
party. If a vacancy occurs in any of the other six positions on	2614
the commission, the legislative leaders of the political party	2615
from whose list of persons the member being replaced was appointed	2616
shall submit to the governor, not later than thirty days after the	2617
date of the vacancy, a list of three persons who are affiliated	2618
with that political party. Not later than fifteen days after	2619
receiving the list, the governor shall appoint one person from the	2620
list to the commission.	2621

(3) At no time shall more than six members of the commission	2622
be affiliated with a political party and, of these six members,	2623
not more than three shall be affiliated with the same political	2624
party.	2625

(4) In making appointments to the commission, the governor	2626
shall take into consideration the various geographic areas of this	2627
state and shall appoint members so that those areas are	2628
represented on the commission in a balanced manner, to the extent	2629
feasible.	2630

(5) Members of the commission shall be registered electors	2631
and shall be of good moral character.	2632

(B) Each member of the commission shall hold office from the	2633
date of the member's appointment until the end of the term for	2634
which the member was appointed. A member appointed to fill a	2635
vacancy occurring prior to the expiration of the term for which	2636
the member's predecessor was appointed shall hold office for the	2637
remainder of that term. A member shall continue in office	2638
subsequent to the expiration date of the member's term until the	2639
member's successor takes office or until a period of sixty days	2640
has elapsed, whichever occurs first. After the initial terms of	2641
office provided for in division (A)(1) of this section, terms of	2642
office shall be for five years.	2643

(C) A vacancy in the Ohio elections commission may be caused	2644
by death, resignation, or three absences from commission meetings	2645
in a calendar year if those absences are caused by reasons	2646
declared invalid by a vote of five members of the remaining	2647
members of the commission.	2648

(D) Each member of the commission while in the performance	2649
of the business of the commission shall be entitled to receive	2650
compensation at the rate of twenty-five thousand dollars per year.	2651
Members shall be reimbursed for expenses actually and necessarily	2652
incurred in the performance of their duties.	2653

(E) No member of the commission shall serve more than one	2654
full term unless the terms served are served nonconsecutively.	2655

(F)(1) No member of the commission shall do or be any of the	2656
following:	2657

(a) Hold, or be a candidate for, a public office;

2658

(b) Serve on a committee supporting or opposing a candidate	2659
or ballot question or issue;	2660

(c) Be an officer of the state central committee or of the	2661
executive committee of the state central committee of a political	2662
party;	2663

(d) Be a legislative agent as defined in section 101.70 of	2664
the Revised Code or an executive agency lobbyist as defined in	2665
section 121.60 of the Revised Code;	2666

(e) Solicit or be involved in soliciting contributions on	2667
behalf of a candidate, campaign committee, political party, or	2668
political action committee,or political contributing entity;	2669

(f) Be in the unclassified service under section 124.11 of	2670
the Revised Code;	2671

(g) Be a person or employee described in divisions (C)(1) to	2672
(15) of section 4117.01 of the Revised Code.	2673

(2) No member or employee of the commission shall make a	2674
contribution to, or for the benefit of, a campaign committee or	2675
committee in support of or opposition to a ballot question or	2676
issue, a political party, a legislative campaign fund, or a	2677
political action committee,or a political contributing entity.	2678

(G)(1) The members of the commission shall elect a chairman	2679
chairperson and a vice-chairmanvice-chairperson. At no time	2680
shall the chairmanchairperson and vice-chairmanvice-chairperson	2681
be affiliated with the same political party. The chairman	2682
chairperson shall serve as chairmanin that capacity for one year	2683
and shall not serve as chairmanchairperson more than twice during	2684
hisa term as a member of the commission. No two successive	2685
chairmenchairpersons shall be affiliated with the same political	2686
party.	2687

(2) The commission shall meet at the call of the chairman	2688
chairperson or upon the written request of a majority of the	2689
members. The meetings and hearings of the commission or a panel	2690
of the commission under sections 3517.153 to 3517.157 of the	2691
Revised Code are subject to section 121.22 of the Revised Code.	2692

(3) The commission shall adopt rules for its procedures in	2693
accordance with Chapter 119. of the Revised Code. Five of the	2694
seven members constitute a quorum. Except as otherwise provided	2695
in this section and in sections 3517.154 to 3517.157 of the	2696
Revised Code, no action shall be taken without the concurrence of	2697
a majority of the members.	2698

(H)(1) The commission shall employ the technical,	2699
professional, and clerical employees that are necessary for it to	2700
carry out its duties.	2701

(2)(a) Notwithstanding section 109.02 of the Revised Code,	2702
the commission shall employ a full-time attorney, and, as needed,	2703
one or more investigatory attorneys to conduct investigations for	2704
the commission or a panel of the commission. The commission may	2705
employ or contract for the services of additional attorneys, as	2706
needed. The full-time attorney shall do all of the following:	2707

(i) Serve as the commission's attorney in regard to all	2708
legal matters, including representing the commission at appeals	2709
from a final determination of the commission, except that the	2710
full-time attorney shall not perform the duties that an	2711
investigatory attorney is required or requested to perform or that	2712
another attorney the commission employs or contracts with for	2713
services is required or requested to perform, and shall not	2714
represent the commission in any legal proceeding in which the	2715
commission is a named party;	2716

(ii) At the request of the commission or a panel of the	2717
commission, be present at a hearing held under sections 3517.154	2718
to 3517.156 of the Revised Code to rule on the admissibility of	2719
evidence and to advise on the conduct of procedure;	2720

(iii) Perform other duties as required by rule of the	2721
commission.	2722

(b) An attorney employed by or under contract with the	2723
commission shall be licensed to practice law in this state.	2724

(3)(a) Except as otherwise provided in division (H)(3)(b) of	2725
this section, at least five members of the commission shall agree	2726
on the employment of a person, a majority of the members shall	2727
agree on the discharge of an employee, and a person employed by	2728
the commission shall serve at the pleasure of the commission.	2729

(b) At least five of the seven members shall agree on the	2730
discharge of an investigatory attorney.	2731

Sec. 3517.155.  (A)(1) Except as otherwise provided in	2732
division (B) of this section, the Ohio elections commission shall	2733
hold its first hearing on a complaint filed with it, other than a	2734
complaint that receives an expedited hearing under section	2735
3517.156 of the Revised Code, not later than ninety business days	2736
after the complaint is filed unless the commission has good cause	2737
to hold the hearing after that time, in which case it shall hold	2738
the hearing not later than one hundred eighty business days after	2739
the complaint is filed. At the hearing, the commission shall	2740
determine whether or not the failure to act or the violation	2741
alleged in the complaint has occurred and shall do only one of the	2742
following, except as otherwise provided in division (B) of this	2743
section or in division (B) of section 3517.151 of the Revised	2744
Code:	2745

(a) Enter a finding that good cause has been shown not to	2746
impose a fine or not to refer the matter to the appropriate	2747
prosecutor;	2748

(b) Impose a fine under section 3517.993 of the Revised	2749
Code;	2750

(c) Refer the matter to the appropriate prosecutor;

2751

(d) Direct the secretary of state or appropriate board of	2752
elections with the authority to certify a candidate to the ballot	2753
to remove a candidate's name from the ballot if the candidate is	2754
barred from the ballot under division (D) of section 3517.1010 of	2755
the Revised Code.	2756

(2) As used in division (A) of this section, "appropriate	2757
prosecutor" means a prosecutor as defined in section 2935.01 of	2758
the Revised Code and either of the following:	2759

(a) In the case of a failure to comply with or a violation	2760
of law involving a campaign committee or the committee's	2761
candidate, a political party, a legislative campaign fund, or a	2762
political action committee, or a political contributing entity,	2763
that is required to file a statement of contributions and	2764
expenditures with the secretary of state under division (A) of	2765
section 3517.11 of the Revised Code, the prosecutor of Franklin	2766
county;	2767

(b) In the case of a failure to comply with or a violation	2768
of law involving any other campaign committee or committee's	2769
candidate, or any other political party or political action	2770
committee, either of the following as determined by the	2771
commission:	2772

(i) The prosecutor of Franklin county;

2773

(ii) The prosecutor of the county in which the candidacy or	2774
ballot question or issue is submitted to the electors or, if it is	2775
submitted in more than one county, the most populous of those	2776
counties.	2777

(B) If the commission decides that the evidence is	2778
insufficient for it to determine whether or not the failure to act	2779
or the violation alleged in the complaint has occurred, the	2780
commission, by the affirmative vote of five members, may request	2781
that an investigatory attorney investigate the complaint. Upon	2782
that request, an investigatory attorney shall make an	2783
investigation in order to produce sufficient evidence for the	2784
commission to decide the matter. If the commission requests an	2785
investigation under this division, for good cause shown by the	2786
investigatory attorney, the commission may extend by sixty days	2787
the deadline for holding its first hearing on the complaint as	2788
required in division (A) of this section.	2789

(C) The commission shall take one of the actions required	2790
under division (A) of this section not later than thirty days	2791
after the close of all the evidence presented.	2792

(D)(1) The commission shall make any finding of a failure to	2793
comply with or a violation of law in regard to a complaint that	2794
alleges a violation of division (D) of section 3517.1010, division	2795
(A) or (B) of section 3517.21, or division (A) or (B) of section	2796
3517.22 of the Revised Code by clear and convincing evidence. The	2797
commission shall make any finding of a failure to comply with or a	2798
violation of law in regard to any other complaint by a	2799
preponderance of the evidence.	2800

(2) If the commission finds a violation of division (B) of	2801
section 3517.21 or division (B) of section 3517.22 of the Revised	2802
Code, it shall refer the matter to the appropriate prosecutor	2803
under division (A)(1)(c) of this section and shall not impose a	2804
fine under division (A)(1)(b) of this section or section 3517.993	2805
of the Revised Code.	2806

(E) In an action before the commission or a panel of the	2807
commission, if the allegations of the complainant are not proved,	2808
and the commission takes the action described in division	2809
(A)(1)(a) of this section or a panel of the commission takes the	2810
action described in division (C)(1) of section 3517.156 of the	2811
Revised Code, the commission or a panel of the commission may find	2812
that the complaint is frivolous, and, if the commission or panel	2813
so finds, the commission shall order the complainant to pay	2814
reasonable attorney's fees and to pay the costs of the commission	2815
or panel as determined by a majority of the members of the	2816
commission. The costs paid to the commission or panel under this	2817
division shall be deposited into the Ohio elections commission	2818
fund.	2819

(F) This is an interim section effective until January 1,	2820
2000.	2821

Sec. 3517.20.  (A)(1) As used in division (A) of this	2822
section:	2823

(a) "Political publication for or against a candidate" means	2824
a notice, placard, advertisement, sample ballot, brochure, flyer,	2825
direct mailer, or any other form of general publication that is	2826
designed to promote the nomination, election, or defeat of a	2827
candidate.	2828

(b) "Political publication for or against an issue" means a	2829
notice, placard, advertisement, sample ballot, brochure, flyer,	2830
direct mailer, or any other form of general publication that is	2831
designed to promote the adoption or defeat of a ballot issue or	2832
question or to influence the voters in an election.	2833

(c) "Public political advertising" means newspapers,	2834
magazines, outdoor advertising facilities, direct mailings, or	2835
other similar types of general public political advertising, or	2836
flyers, handbills, or other nonperiodical printed matter.	2837

(d) "Statewide candidate" has the same meaning as in section	2838
3517.102 of the Revised Code.	2839

(e) "Legislative candidate" means a candidate for the office	2840
of member of the general assembly.	2841

(f) "Local candidate" means a candidate for an elective	2842
office of a political subdivision of this state.	2843

(g) "Legislative campaign fund" has the same meaning as in	2844
section 3517.01 of the Revised Code.	2845

(h) "Limited political action committee" means a political	2846
action committee of fewer than ten members.	2847

(i) "Limited political contributing entity" means a	2848
political contributing entity of fewer than ten members.	2849

(j) "Designated amount" means one hundred dollars in the	2850
case of a local candidate or a local ballot issue, two hundred	2851
fifty dollars in the case of a legislative candidate, or five	2852
hundred dollars in the case of a statewide candidate or a	2853
statewide ballot issue.	2854

(j)(k) "To issue" includes to print, post, distribute,	2855
reproduce for distribution, or cause to be issued, printed,	2856
posted, distributed, or reproduced for distribution.	2857

(2) No candidate, campaign committee, legislative campaign	2858
fund, political party, or other entity, except a political action	2859
committee or political contributing entity, shall issue a form of	2860
political publication that,, for or against a candidate, an an or	2861
shall make an expenditure for the purpose of financing political	2862
communications in support of or opposition to a candidate through	2863
public political advertising, unless the name and residence or	2864
business address of the candidate or the chairperson, treasurer,	2865
or secretary of the campaign committee, legislative campaign fund,	2866
political party, or other entity that issues or otherwise is	2867
responsible for that political publication or that makes an	2868
expenditure for that political communication appears in a	2869
conspicuous place on the that political publication or is	2870
contained within the political communication publication or	2871
political communication for the publication or political	2872
communication that political communication.	2873

(3) No limited political action committee or limited	2874
political contributing entity shall do either of the following	2875
unless the name and residence or business address of the	2876
chairperson, treasurer, or secretary of the limited political	2877
action committee or limited political contributing entity involved	2878
appears in a conspicuous place in the political publication for or	2879
against a candidate described in division (A)(3)(a) of this	2880
section or is contained within the political communication	2881
described in division (A)(3)(b) of this section:	2882

(a) Issue a form of political publication for or against a	2883
candidate that costs in excess of the designated amount or that is	2884
issued in cooperation, consultation, or concert with, or at the	2885
request or suggestion of, a candidate, a campaign committee, a	2886
legislative campaign fund, a political party, a political action	2887
committee with ten or more members, a political contributing	2888
entity with ten or more members, or a limited political action	2889
committee or limited political contributing entity that spends in	2890
excess of the designated amount on a related or the same or	2891
similar political publication for or against a candidate;	2892

(b) Make an expenditure in excess of the designated amount	2893
in support of or opposition to a candidate or make an expenditure	2894
in cooperation, consultation, or concert with, or at the request	2895
or suggestion of, a candidate, a campaign committee, a legislative	2896
campaign fund, a political party, a political action committee	2897
with ten or more members, a political contributing entity with ten	2898
or more members, or a limited political action committee or	2899
limited political contributing entity that spends in excess of the	2900
designated amount in support of or opposition to the same	2901
candidate, for the purpose of financing political communications	2902
in support of or opposition to that candidate through public	2903
political advertising.	2904

(4) No political action committee with ten or more members	2905
and no political contributing entity with ten or more members	2906
shall issue a form of political publication for or against a	2907
candidate, or shall make an expenditure for the purpose of	2908
financing political communications in support of or opposition to	2909
a candidate through public political advertising, unless the name	2910
and residence or business address of the chairperson, treasurer,	2911
or secretary of the political action committee or political	2912
contributing entity that issues or otherwise is responsible for	2913
that political publication or that makes an expenditure for that	2914
political communication through public political advertising	2915
appears in a conspicuous place in that political publication or is	2916
contained within that political communication.	2917

(5) No corporation, labor organization, campaign committee,	2918
legislative campaign fund, political party, or other entity,	2919
except a political action committee, shall issue a form of	2920
political publication for or against an issue, or shall make an	2921
expenditure for the purpose of financing political communications	2922
in support of or opposition to a ballot issue or question through	2923
public political advertising, unless the name and residence or	2924
business address of the chairperson, treasurer, or secretary of	2925
the corporation, labor organization, campaign committee,	2926
legislative campaign fund, political party, or other entity that	2927
issues or otherwise is responsible for that political publication	2928
or that makes an expenditure for that political communication	2929
through public political advertising appears in a conspicuous	2930
place in that political publication or is contained within that	2931
political communication.	2932

(6) No limited political action committee shall do either of	2933
the following unless the name and residence or business address of	2934
the chairperson, treasurer, or secretary of the limited political	2935
action committee involved appears in a conspicuous place in the	2936
political publication for or against a ballot issue described in	2937
division (A)(6)(a) of this section or is contained within the	2938
political communication described in division (A)(6)(b) of this	2939
section:	2940

(a) Issue a form of political publication for or against a	2941
ballot issue that costs in excess of the designated amount or that	2942
is issued in cooperation, consultation, or concert with, or at the	2943
request or suggestion of, a candidate, a campaign committee, a	2944
legislative campaign fund, a political party, a political action	2945
committee with ten or more members, or a limited political action	2946
committee that spends in excess of the designated amount for a	2947
related or the same or similar political publication for or	2948
against an issue;	2949

(b) Make an expenditure in excess of the designated amount	2950
in support of or opposition to a ballot issue or make an	2951
expenditure in cooperation, consultation, or concert with, or at	2952
the request or suggestion of, a candidate, a campaign committee, a	2953
legislative campaign fund, a political party, a political action	2954
committee with ten or more members, or a limited political action	2955
committee that spends in excess of the designated amount in	2956
support of or opposition to the same ballot issue, for the purpose	2957
of financing political communications in support of or opposition	2958
to that ballot issue through public political advertising.	2959

(7) No political action committee with ten or more members	2960
shall issue a form of political publication for or against an	2961
issue, or shall make an expenditure for the purpose of financing	2962
political communications in support of or opposition to a ballot	2963
issue or question through public political advertising, unless the	2964
name and residence or business address of the chairperson,	2965
treasurer, or secretary of the political action committee that	2966
issues or otherwise is responsible for that political publication	2967
or that makes an expenditure for that political communication	2968
appears in a conspicuous place in that political publication or is	2969
contained within that political communication.	2970

(8) The disclaimer "paid political advertisement" is not	2971
sufficient to meet the requirements of this section.	2972

(9) If the political publication described in division (A)	2973
of this section is issued by the regularly constituted central or	2974
executive committee of a political party that is organized as	2975
provided in Chapter 3517. of the Revised Code, it shall be	2976
sufficiently identified if it bears the name of the committee and	2977
its chairperson or treasurer. If more than one piece of printed	2978
matter or printed political communications is mailed as a single	2979
packet, the requirements of this division are met if one of the	2980
pieces of printed matter or printed political communications in	2981
the packet contains the name and residence or business address of	2982
the chairman, treasurer, or secretary of the organization that	2983
issues the printed matter or other printed political	2984
communications or of the person who issues, makes, or is	2985
responsible for the printed matter or political communications.	2986

(10) If more than one piece of printed matter or printed	2987
political communications are mailed as a single packet, the	2988
requirements of division (A) of this section are met if one of the	2989
pieces of printed matter or printed political communications in	2990
the packet contains the name and residence or business address of	2991
the chairperson, treasurer, or secretary of the organization or	2992
entity that issues or is responsible for the printed matter or	2993
other printed political communications.	2994

(11) This section does not apply to the transmittal of	2995
personal correspondence that is not reproduced by machine for	2996
general distribution.	2997

(12) The secretary of state, by rule, may exempt from the	2998
requirements of this section, printed matter and certain other	2999
kinds of printed communications such as campaign buttons,	3000
balloons, pencils, or similar items, the size or nature of which	3001
makes it unreasonable to add an identification or disclaimer.	3002

(13) The disclaimer or identification described in division	3003
(A) of this section, when paid for by a campaign committee, shall	3004
be identified by the words "paid for by" followed by the name and	3005
address of the campaign committee and the appropriate officer of	3006
the committee, identified by name and title. The identification	3007
or disclaimer may use reasonable abbreviations for common terms	3008
such as "treasurer" or "committee".	3009

(B)(1) No personcandidate, campaign committee, legislative	3010
campaign fund, political party, political action committee,	3011
limited political action committee, political contributing entity,	3012
limited political contributing entity, or other entity shall utter	3013
or cause to be uttered, over the broadcasting facilities of any	3014
radio or television station within this state, any communication	3015
that is designed to promote the nomination, election, or defeat of	3016
a candidate, or the adoption or defeat of an issue or to influence	3017
the voters in an election, unless the speaker identifies or	3018
herself the speaker with or her the speaker's name and residence	3019
address or unless the communication identifies the chairperson,	3020
treasurer, or secretary of the organization responsible for the	3021
communication with the name and residence or business address of	3022
that officer, except that communications by radio need not	3023
broadcast the residence or business address of the officer.	3024
However, a radio station, for a period of at least six months,	3025
shall keep the residence or business address on file and divulge	3026
it to any person upon request.	3027

No person operating a broadcast station or an organ of	3028
printed media shall broadcast or print a paid political	3029
communication that does not contain the identification required by	3030
this section.	3031

(2) Division (B) of this section does not apply to any	3032
communications made on behalf of a radio or television station or	3033
network by any employee of such radio or television station or	3034
network while acting in the course of the employee's employment.	3035

(3) No personcandidate or entity described in division	3036
(B)(1) of this section shall use or cause to be used a false,	3037
fictitious, or fraudulent name or address in the making or issuing	3038
of a publication or communication included within the provisions	3039
of this section.	3040

(C) Before a prosecution may commence under this section, a	3041
complaint shall be filed with the Ohio elections commission under	3042
section 3517.153 of the Revised Code. After the complaint is	3043
filed, the commission shall proceed in accordance with sections	3044
3517.154 to 3517.157 of the Revised Code.	3045

Sec. 3517.23.  The secretary of state shall adopt rules in	3046
accordance with Chapter 119. of the Revised Code that are	3047
necessary for the administration and enforcement of sections	3048
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and	3049
3599.031 of the Revised Code and shall provide each candidate,	3050
political action committee, legislative campaign fund, and	3051
political party,and political contributing entity with written	3052
instructions and explanations in order to ensure compliance with	3053
sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22,	3054
3599.03, and 3599.031 of the Revised Code.	3055

Sec. 3517.992.  This section establishes penalties only with	3056
respect to acts or failures to act that occur on and after August	3057
24, 1995.	3058

(A)(1) A candidate whose campaign committee violates	3059
division (A), (B), (C), (D), or (V) of section 3517.13 of the	3060
Revised Code, or a treasurer of a campaign committee who violates	3061
any of those divisions, shall be fined not more than one hundred	3062
dollars for each day of violation.	3063

(2) Whoever violates division (E) of section 3517.13 of the	3064
Revised Code shall be fined not more than one hundred dollars for	3065
each day of violation.	3066

(B) A political party that violates division (F)(1) of	3067
section 3517.101 of the Revised Code shall be fined not more than	3068
one hundred dollars for each day of violation.	3069

(C) Whoever violates division (F)(2) of section 3517.101 or	3070
division (G) of section 3517.13 of the Revised Code shall be fined	3071
not more than ten thousand dollars or, if the offender is a person	3072
who was nominated or elected to public office, shall forfeit the	3073
nomination or the office to which the offender was elected, or	3074
both.	3075

(D) Whoever violates division (F) of section 3517.13 of the	3076
Revised Code shall be fined not more than three times the amount	3077
contributed.	3078

(E) Whoever violates division (H) of section 3517.13 of the	3079
Revised Code shall be fined not more than one hundred dollars.	3080

(F) Whoever violates division (O), (P), or (Q) of section	3081
3517.13 of the Revised Code is guilty of a misdemeanor of the	3082
first degree.	3083

(G) A state or county committee of a political party that	3084
violates division (B)(1) of section 3517.18 of the Revised Code	3085
shall be fined not more than twice the amount of the improper	3086
expenditure.	3087

(H) A state or county political party that violates division	3088
(G) of section 3517.101 of the Revised Code shall be fined not	3089
more than twice the amount of the improper expenditure or use.	3090

(I)(1) Any individual who violates division (B)(1) of	3091
section 3517.102 of the Revised Code and knows that the	3092
contribution the individual makes violates that division shall be	3093
fined an amount equal to three times the amount contributed in	3094
excess of the amount permitted by that division.	3095

(2) Any political action committee that violates division	3096
(B)(2) of section 3517.102 of the Revised Code shall be fined an	3097
amount equal to three times the amount contributed in excess of	3098
the amount permitted by that division.	3099

(3) Any campaign committee that violates division (B)(3) or	3100
(5) of section 3517.102 of the Revised Code shall be fined an	3101
amount equal to three times the amount contributed in excess of	3102
the amount permitted by that division.	3103

(4) Any legislative campaign fund that violates division	3104
(B)(6) of section 3517.102 of the Revised Code, and any state	3105
political party, county political party, or state candidate fund	3106
of a state political party or county political party that violates	3107
division (B)(6) of that section, shall be fined an amount equal to	3108
three times the amount contributed in excess of the amount	3109
permitted by those divisions, as applicable.	3110

(5) ANY POLITICAL CONTRIBUTING ENTITY THAT VIOLATES DIVISION	3111
(b)(7) OF SECTION 3517.102 OF THE REVISED CODE SHALL BE FINED AN	3112
AMOUNT EQUAL TO THREE TIMES THE AMOUNT CONTRIBUTED IN EXCESS OF	3113
THE AMOUNT PERMITTED BY THAT DIVISION.	3114

(6) Notwithstanding divisions (J)(1), (2), (3), and (4),and	3115
(5) of this section, no fine shall be imposed if the excess amount	3116
contributed meets either of the following conditions:	3117

(a) It is completely refunded within five business days	3118
after it is accepted.	3119

(b) It is less than or equal to the amount permitted under	3120
division (J)(I)(1), (2), (3), or (4),or(5) of this section,	3121
whichever is applicable, and the excess is completely refunded	3122
within ten business days after notification to the recipient of	3123
the contribution by the board of elections or the secretary of	3124
state that a contribution in excess of the permitted amount has	3125
been received.	3126

(J)(1) Any campaign committee that violates division (C)(1),	3127
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	3128
fined an amount equal to three times the amount accepted in excess	3129
of the amount permitted by that division.	3130

(2) Any state or county political party that violates	3131
division (C)(4) of section 3517.102 of the Revised Code shall be	3132
fined an amount from its state candidate fund equal to three times	3133
the amount accepted in excess of the amount permitted by that	3134
division.	3135

(3) Any legislative campaign fund that violates division	3136
(C)(5) of section 3517.102 of the Revised Code shall be fined an	3137
amount equal to three times the amount accepted in excess of the	3138
amount permitted by that division.	3139

(4) Any political action committee or political contributing	3140
entity that violates division (C)(7) of section 3517.102 of the	3141
Revised Code shall be fined an amount equal to three times the	3142
amount accepted in excess of the amount permitted by that	3143
division.	3144

(5) Notwithstanding divisions (K)(J)(1), (2), (3), and (4)	3145
of this section, no fine shall be imposed if the excess accepted	3146
meets either of the following conditions:	3147

(a) It is completely refunded within five business days	3148
after its acceptance.	3149

(b) It is less than or equal to the amount permitted under	3150
division (K)(J)(1), (2), (3), or (4), whichever is applicable, and	3151
the excess is completely refunded within ten business days after	3152
notification to the recipient of the contribution by the board of	3153
elections or the secretary of state that a contribution in excess	3154
of the permitted amount has been received.	3155

(K)(1) Any campaign committee or legislative campaign fund	3156
that violates division (F)(1) of section 3517.102 of the Revised	3157
Code shall be fined twenty-five dollars for each day of violation.	3158

(2) Any campaign committee or legislative campaign fund that	3159
violates division (F)(2) of section 3517.102 of the Revised Code	3160
shall give to the treasurer of state for deposit into the state	3161
treasury to the credit of the Ohio elections commission fund all	3162
excess contributions not disposed of as required by division (E)	3163
of section 3517.102 of the Revised Code.	3164

(L) Whoever violates section 3517.105 of the Revised Code	3165
shall be fined one thousand dollars.	3166

(M)(1) Whoever solicits a contribution in violation of	3167
section 3517.092 or violates division (B) of section 3517.09 of	3168
the Revised Code is guilty of a misdemeanor of the first degree.	3169

(2) Whoever knowingly accepts a contribution in violation of	3170
division (B) or (C) of section 3517.092 of the Revised Code shall	3171
be fined an amount equal to three times the amount accepted in	3172
violation of either of those divisions and shall return to the	3173
contributor any amount so accepted. Whoever unknowingly accepts a	3174
contribution in violation of division (B) or (C) of section	3175
3517.092 of the Revised Code shall return to the contributor any	3176
amount so accepted.	3177

(N) Whoever violates division (S) of section 3517.13 of the	3178
Revised Code shall be fined an amount equal to three times the	3179
amount of funds transferred or three times the value of the assets	3180
transferred in violation of that division.	3181

(O) Any campaign committee that accepts a contribution or	3182
contributions in violation of section 3517.108 of the Revised	3183
Code, uses a contribution in violation of that section, or fails	3184
to dispose of excess contributions in violation of that section	3185
shall be fined an amount equal to three times the amount accepted,	3186
used, or kept in violation of that section.	3187

(P) Any political party, state candidate fund, legislative	3188
candidate fund, or campaign committee that violates division (T)	3189
of section 3517.13 of the Revised Code shall be fined an amount	3190
equal to three times the amount contributed or accepted in	3191
violation of that section.	3192

(Q) A treasurer of a committee or another person who	3193
violates division (U) of section 3517.13 of the Revised Code shall	3194
be fined not more than two hundred fifty dollars.	3195

(R) Whoever violates division (I) or (J) of section 3517.13	3196
of the Revised Code shall be fined not more than one thousand	3197
dollars. Whenever a person is found guilty of violating division	3198
(I) or (J) of section 3517.13 of the Revised Code, the contract	3199
awarded in violation of either of those divisions shall be	3200
rescinded if its terms have not yet been performed.	3201

(S) A candidate whose campaign committee violates or a	3202
treasurer of a campaign committee who violates section 3517.081,	3203
and a candidate whose campaign committee violates, or a treasurer	3204
of a campaign committee, or another person who violates, division	3205
(C) of section 3517.10 of the Revised Code, shall be fined not	3206
more than five hundred dollars.	3207

(T) A candidate whose campaign committee violates or a	3208
treasurer of a committee who violates division (B), or a candidate	3209
whose campaign committee violates, a treasurer of a committee, or	3210
another person who violates division (C), of section 3517.09 of	3211
the Revised Code shall be fined not more than one thousand	3212
dollars.	3213

(U) Whoever violates section 3517.20 of the Revised Code	3214
shall be fined not more than five hundred dollars.	3215

(V) Whoever violates section 3517.21 or 3517.22 of the	3216
Revised Code shall be imprisoned for not more than six months or	3217
fined not more than five thousand dollars, or both.	3218

(W) A campaign committee that is required to file a	3219
declaration of no limits under division (D)(2) of section 3517.103	3220
of the Revised Code that, before filing that declaration, accepts	3221
a contribution or contributions that exceed the limitations	3222
prescribed in section 3517.102 of the Revised Code, shall return	3223
that contribution or those contributions to the contributor.	3224

This is an interim section effective until January 1, 2000.

3225

Section 2.  That existing sections 102.03, 2921.01, 2921.43,	3226
3513.04, 3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102,	3227
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13,	3228
3517.152, 3517.155, 3517.20, 3517.23, and 3517.992 of the Revised	3229
Code are hereby repealed.	3230

Section 3. That the versions of sections 3517.10, 3517.102,	3231
3517.155, and 3517.992 of the Revised Code that take effect on	3232
January 1, 2000, be amended to read as follows:	3233

Sec. 3517.10.  (A) Except as otherwise provided in this	3234
division, every campaign committee, political action committee,	3235
legislative campaign fund, and political party,and political	3236
contributing entity that made or received a contribution or made	3237
an expenditure in connection with the nomination or election of	3238
any candidate or in connection with any ballot issue or question	3239
at any election held or to be held in this state shall file, on a	3240
form prescribed under this section, a full, true, and itemized	3241
statement, made under penalty of election falsification, setting	3242
forth in detail the contributions and expenditures, no later than	3243
four p.m. of the following dates:	3244

(1) The twelfth day before the election to reflect	3245
contributions received and expenditures made from the close of	3246
business on the last day reflected in the last previously filed	3247
statement, if any, to the close of business on the twentieth day	3248
before the election;	3249

(2) The thirty-eighth day after the election to reflect the	3250
contributions received and expenditures made from the close of	3251
business on the last day reflected in the last previously filed	3252
statement, if any, to the close of business on the seventh day	3253
before the filing of the statement;	3254

(3) The last business day of January of every year to	3255
reflect the contributions received and expenditures made from the	3256
close of business on the last day reflected in the last previously	3257
filed statement, if any, to the close of business on the last day	3258
of December of the previous year.	3259

A campaign committee shall only be required to file the	3260
statements prescribed under divisions (A)(1) and (2) of this	3261
section in connection with the nomination or election of the	3262
committee's candidate.	3263

The statement required under division (A)(1) of this section	3264
shall not be required of any campaign committee, political action	3265
committee, legislative campaign fund, or political party,or	3266
political contributing entity that has received contributions of	3267
less than one thousand dollars and has made expenditures of less	3268
than one thousand dollars at the close of business on the	3269
twentieth day before the election. Those contributions and	3270
expenditures shall be reported in the statement required under	3271
division (A)(2) of this section.	3272

If an election to select candidates to appear on the general	3273
election ballot is held within sixty days before a general	3274
election, the campaign committee of a successful candidate in the	3275
earlier election may file the statement required by division	3276
(A)(1) of this section for the general election instead of the	3277
statement required by division (A)(2) of this section for the	3278
earlier election if the pregeneral election statement reflects the	3279
status of contributions and expenditures for the period twenty	3280
days before the earlier election to twenty days before the general	3281
election.	3282

If a person becomes a candidate less than twenty days before	3283
an election, the candidate's campaign committee is not required to	3284
file the statement required by division (A)(1) of this section.	3285

No statement under division (A)(3) of this section shall be	3286
required for any year in which a campaign committee, political	3287
action committee, legislative campaign fund, or political party,	3288
or political contributing entity is required to file a postgeneral	3289
election statement under division (A)(2) of this section.	3290
However, such a statement may be filed, at the option of the	3291
campaign committee, political action committee, legislative	3292
campaign fund, or political party,or political contributing	3293
entity.	3294

No statement under division (A)(3) of this section shall be	3295
required if the campaign committee, political action committee,	3296
legislative campaign fund, or political party,or political	3297
contributing entity has no contributions that it has received and	3298
no expenditures that it has made since the last date reflected in	3299
its last previously filed statement. However, the campaign	3300
committee, political action committee, legislative campaign fund,	3301
or political party,or political contributing entity shall file a	3302
statement to that effect, on a form prescribed under this section	3303
and made under penalty of election falsification, on the date	3304
required in division (A)(3) of this section.	3305

The campaign committee of a statewide candidate shall file a	3306
monthly statement of contributions received during each of the	3307
months of July, August, and September in the year of the general	3308
election in which the candidate seeks office. The campaign	3309
committee of a statewide candidate shall file the monthly	3310
statement not later than three business days after the last day of	3311
the month covered by the statement. During the period beginning	3312
on the nineteenth day before the general election in which a	3313
statewide candidate seeks election to office and extending through	3314
the day of that general election, each time the campaign committee	3315
of the joint candidates for the offices of governor and lieutenant	3316
governor or of a candidate for the office of secretary of state,	3317
auditor of state, treasurer of state, or attorney general receives	3318
a contribution from a contributor that causes the aggregate amount	3319
of contributions received from that contributor during that period	3320
to equal or exceed two thousand five hundred dollars and each time	3321
the campaign committee of a candidate for the office of chief	3322
justice or justice of the supreme court receives a contribution	3323
from a contributor that causes the aggregate amount of	3324
contributions received from that contributor during that period to	3325
exceed five hundred dollars, the campaign committee shall file a	3326
two-business-day statement reflecting that contribution. The	3327
two-business-day statement shall be filed not later than two	3328
business days after receipt of the contribution. The statements	3329
required by this paragraph shall be filed in addition to any other	3330
statements required by this section.	3331

If a campaign committee or political action committee has no	3332
balance on hand and no outstanding obligations and desires to	3333
terminate itself, it shall file a statement to that effect, on a	3334
form prescribed under this section and made under penalty of	3335
election falsification, with the official with whom it files a	3336
statement under division (A) of this section after filing a final	3337
statement of contributions and a final statement of expenditures,	3338
if contributions have been received or expenditures made since the	3339
period reflected in its last previously filed statement.	3340

(B) Except as otherwise provided in division (C)(7) of this	3341
section, each statement required by division (A) of this section	3342
shall contain the following information:	3343

(1) The full name and address of each campaign committee,	3344
political action committee, legislative campaign fund, or	3345
political party, or political contributing entity, including any	3346
treasurer of the committee, fund, or party, or entity, filing a	3347
contribution and expenditure statement;	3348

(2)(a) In the case of a campaign committee, the candidate's	3349
full name and address;	3350

(b) In the case of a political action committee, the	3351
registration number assigned to the committee under division	3352
(D)(1) of this section.	3353

(3) The date of the election and whether it was or will be a	3354
general, primary, or special election;	3355

(4) A statement of contributions received, which shall	3356
include:	3357

(a) The month, day, and year of the contribution;

3358

(b)(i) The full name and address of each person, political	3359
party, campaign committee, legislative campaign fund, or political	3360
action committee,or political contributing entity from whom	3361
contributions are received and the registration number assigned to	3362
the political action committee under division (D)(1) of this	3363
section. The requirement of filing the full address does not	3364
apply to any statement filed by a state or local committee of a	3365
political party, to a finance committee of such committee, or to a	3366
committee recognized by a state or local committee as its	3367
fund-raising auxiliary. Notwithstanding division (F)(1) of this	3368
section, the requirement of filing the full address shall be	3369
considered as being met if the address filed is the same address	3370
the contributor provided under division (E)(1) of this section.	3371

(ii) If a campaign committee of a statewide candidate or	3372
candidate for the office of member of the general assembly	3373
receives a contribution from an individual that exceeds one	3374
hundred dollars, the name of the individual's current employer, if	3375
any, or, if the individual is self-employed, the individual's	3376
occupation;	3377

(iii) If a campaign committee of a statewide candidate or	3378
candidate for the office of member of the general assembly	3379
receives a contribution transmitted pursuant to section 3599.031	3380
of the Revised Code from amounts deducted from the wages and	3381
salaries of two or more employees that exceeds in the aggregate	3382
one hundred dollars during any one filing period under division	3383
(A)(1), (2), or (3) of this section, the full name of the	3384
employees' employer and the full name of the labor organization of	3385
which the employees are members, if any.	3386

(c) A description of the contribution received, if other	3387
than money;	3388

(d) The value in dollars and cents of the contribution;

3389

(e) A separately itemized account of all contributions and	3390
expenditures regardless of the amount, except a receipt of a	3391
contribution from a person in the sum of twenty-five dollars or	3392
less at one social or fund-raising activity and a receipt of a	3393
contribution transmitted pursuant to section 3599.031 of the	3394
Revised Code from amounts deducted from the wages and salaries of	3395
employees if the contribution from the amount deducted from the	3396
wages and salary of any one employee is twenty-five dollars or	3397
less aggregated in a calendar year. An account of the total	3398
contributions from each social or fund-raising activity shall	3399
include a description of and the value of each in-kind	3400
contribution received at that activity from any person who made	3401
one or more such contributions whose aggregate value exceeded two	3402
hundred fifty dollars and shall be listed separately, together	3403
with the expenses incurred and paid in connection with that	3404
activity. A campaign committee, political action committee,	3405
legislative campaign fund, or political party,or political	3406
contributing entity shall keep records of contributions from each	3407
person in the amount of twenty-five dollars or less at one social	3408
or fund-raising activity and contributions from amounts deducted	3409
under section 3599.031 of the Revised Code from the wages and	3410
salary of each employee in the amount of twenty-five dollars or	3411
less aggregated in a calendar year. No continuing association	3412
that is recognized by a state or local committee of a political	3413
party as an auxiliary of the party and that makes a contribution	3414
from funds derived solely from regular dues paid by members of the	3415
auxiliary shall be required to list the name or address of any	3416
members who paid those dues.	3417

Contributions that are other income shall be itemized	3418
separately from all other contributions. The information required	3419
under division (B)(4) of this section shall be provided for all	3420
other income itemized. As used in this paragraph, "other income"	3421
means a loan, investment income, or interest income.	3422

(f) In the case of a campaign committee of a state elected	3423
officer, if a person doing business with the state elected officer	3424
in the officer's official capacity makes a contribution to the	3425
campaign committee of that officer, the information required under	3426
division (B)(4) of this section in regard to that contribution,	3427
which shall be filed together with and considered a part of the	3428
committee's statement of contributions as required under division	3429
(A) of this section but shall be filed on a separate form provided	3430
by the secretary of state. As used in division (B)(4)(f) of this	3431
section:	3432

(i) "State elected officer" has the same meaning as in	3433
section 3517.092 of the Revised Code.	3434

(ii) "Person doing business" means a person or an officer of	3435
an entity who enters into one or more contracts with a state	3436
elected officer or anyone authorized to enter into contracts on	3437
behalf of that officer to receive payments for goods or services,	3438
if the payments total, in the aggregate, more than five thousand	3439
dollars during a calendar year.	3440

(5) A statement of expenditures which shall include:

3441

(a) The month, day, and year of the expenditure;

3442

(b) The full name and address of each person, political	3443
party, campaign committee, legislative campaign fund, or political	3444
action committee,or political contributing entity to whom the	3445
expenditure was made and the registration number assigned to the	3446
political action committee under division (D)(1) of this section;	3447

(c) The object or purpose for which the expenditure was	3448
made;	3449

(d) The amount of each expenditure.

3450

(C)(1) The statement of contributions and expenditures shall	3451
be signed by the person completing the form.	3452

(2) The person filing the statement shall, under penalty of	3453
election falsification, include with it a list of each anonymous	3454
contribution, the circumstances under which it was received, and	3455
the reason it cannot be attributed to a specific donor.	3456

(3) Each statement of a campaign committee of a candidate	3457
who holds public office shall contain a designation of each	3458
contributor who is an employee in any unit or department under the	3459
candidate's direct supervision and control. In a space provided	3460
in the statement, the person filing the statement shall affirm	3461
that each such contribution was voluntarily made.	3462

(4) A campaign committee that did not receive contributions	3463
or make expenditures in connection with the nomination or election	3464
of its candidate shall file a statement to that effect, on a form	3465
prescribed under this section and made under penalty of election	3466
falsification, on the date required in division (A)(2) of this	3467
section.	3468

(5) The campaign committee of any person who attempts to	3469
become a candidate and who, for any reason, does not become	3470
certified in accordance with Title XXXV of the Revised Code for	3471
placement on the official ballot of a primary, general, or special	3472
election to be held in this state, and who, at any time prior to	3473
or after an election, receives contributions or makes	3474
expenditures, or has given consent for another to receive	3475
contributions or make expenditures, for the purpose of bringing	3476
about the person's nomination or election to public office, shall	3477
file the statement or statements prescribed by this section and a	3478
termination statement, if applicable. This paragraph does not	3479
apply to any person with respect to an election to the offices of	3480
member of a county or state central committee, presidential	3481
elector, or delegate to a national convention or conference of a	3482
political party.	3483

(6)(a) The statements required to be filed under this	3484
section shall specify the balance in the hands of the campaign	3485
committee, political action committee, legislative campaign fund,	3486
or political party,or political contributing entity and the	3487
disposition intended to be made of that balance.	3488

(b) The form for all statements required to be filed under	3489
this section shall be prescribed by the secretary of state, and	3490
furnished to the boards of elections in the several counties, and	3491
the boards of elections shall supply printed copies of those forms	3492
without charge. The secretary of state may require that the	3493
statements required to be stored on computer by the secretary of	3494
state under divisions (A)(1) to (4) of section 3517.106 of the	3495
Revised Code be filed in whatever format the secretary of state	3496
considers necessary so that the secretary of state may store the	3497
information contained in the statements on computer. Any such	3498
format shall be of a type and nature that is readily available to	3499
whoever is required to file the statements in that format.	3500

(7) Each monthly statement and each two-business-day	3501
statement required by division (A) of this section shall contain	3502
the information required by divisions (B)(1) to (4), (C)(2), and,	3503
if appropriate, (C)(3) of this section. Each statement shall be	3504
signed as required by division (C)(1) of this section.	3505

(D)(1) Prior to receiving a contribution or making an	3506
expenditure, every campaign committee, political action committee,	3507
legislative campaign fund, or political party,or political	3508
contributing entity shall appoint a treasurer and shall file, on a	3509
form prescribed by the secretary of state, a designation of that	3510
appointment, including the full name and address of the treasurer	3511
and of the campaign committee, political action committee,	3512
legislative campaign fund, or political party,or political	3513
contributing entity. That designation shall be filed with the	3514
official with whom the campaign committee, political action	3515
committee, legislative campaign fund, or political party,or	3516
political contributing entity is required to file statements under	3517
section 3517.11 of the Revised Code. The name of a campaign	3518
committee shall include at least the last name of the campaign	3519
committee's candidate. The secretary of state shall assign a	3520
registration number to each political action committee that files	3521
a designation of the appointment of a treasurer under division	3522
(D)(1) of this section if the political action committee is	3523
required by division (A)(1) of section 3517.11 of the Revised Code	3524
to file the statements prescribed by this section with the	3525
secretary of state.	3526

(2) The treasurer appointed under division (D)(1) of this	3527
section shall keep a strict account of all contributions, from	3528
whom received and the purpose for which they were disbursed.	3529

(3)(a) Except as otherwise provided in section 3517.108 of	3530
the Revised Code, a campaign committee shall deposit all monetary	3531
contributions received by the committee into an account separate	3532
from a personal or business account of the candidate or campaign	3533
committee.	3534

(b) A political action committee shall deposit all monetary	3535
contributions received by the committee into an account separate	3536
from all other funds.	3537

(c) A state or county political party may establish a state	3538
candidate fund that is separate from an account that contains the	3539
public moneys received from the Ohio political party fund under	3540
section 3517.17 of the Revised Code and from all other funds. A	3541
state or county political party may deposit into its state	3542
candidate fund any amounts of monetary contributions that are made	3543
to or accepted by the political party subject to the applicable	3544
limitations, if any, prescribed in section 3517.102 of the Revised	3545
Code. A state or county political party shall deposit all other	3546
monetary contributions received by the party into one or more	3547
accounts that are separate from its state candidate fund and from	3548
its account that contains the public moneys received from the Ohio	3549
political party fund under section 3517.17 of the Revised Code.	3550

(d) Each state political party shall have only one	3551
legislative campaign fund for each house of the general assembly.	3552
Each such fund shall be separate from any other funds or accounts	3553
of that state party. A legislative campaign fund is authorized to	3554
receive contributions and make expenditures for the primary	3555
purpose of furthering the election of candidates who are members	3556
of that political party to the house of the general assembly with	3557
which that legislative campaign fund is associated. Each	3558
legislative campaign fund shall be administered and controlled in	3559
a manner designated by the caucus. As used in division (D)(3)(d)	3560
of this section, "caucus" has the same meaning as in section	3561
3517.01 of the Revised Code and includes, as an ex officio member,	3562
the chairperson of the state political party with which the caucus	3563
is associated, or that chairperson's designee.	3564

(4) Every expenditure in excess of twenty-five dollars shall	3565
be vouched for by a receipted bill, stating the purpose of the	3566
expenditures, that shall be filed with the statement of	3567
expenditures. A canceled check with a notation of the purpose of	3568
the expenditure is a receipted bill for purposes of division	3569
(D)(4) of this section.	3570

(5) The secretary of state or the board of elections, as the	3571
case may be, shall issue a receipt for each statement filed under	3572
this section and shall preserve a copy of the receipt for a period	3573
of at least six years. All statements filed under this section	3574
shall be open to public inspection in the office where they are	3575
filed and shall be carefully preserved for a period of at least	3576
six years after the year in which they are filed.	3577

(E)(1) Any person, political party, campaign committee,	3578
legislative campaign fund, or political action committee,or	3579
political contributing entity that makes a contribution in	3580
connection with any ballot issue or question at any election held	3581
or to be held in this state shall provide its full name and	3582
address to the recipient of the contribution at the time the	3583
contribution is made. The political action committee also shall	3584
provide the registration number assigned to the committee under	3585
division (D)(1) of this section to the recipient of the	3586
contribution at the time the contribution is made.	3587

(2) Any individual who makes a contribution that exceeds one	3588
hundred dollars to a campaign committee of a statewide candidate	3589
or candidate for the office of member of the general assembly	3590
shall provide the name of the individual's current employer, if	3591
any, or, if the individual is self-employed, the individual's	3592
occupation to the recipient of the contribution at the time the	3593
contribution is made. Sections 3599.39 and 3599.40 of the Revised	3594
Code do not apply to division (E)(2) of this section.	3595

(3) If a campaign committee shows that it has exercised its	3596
best efforts to obtain, maintain, and submit the information	3597
required under divisions (B)(4)(b)(ii) and (iii) of this section,	3598
that committee is considered to have met the requirements of those	3599
divisions. A campaign committee shall not be considered to have	3600
exercised its best efforts unless, in connection with written	3601
solicitations, it regularly includes a written request for the	3602
information required under division (B)(4)(b)(ii) of this section	3603
from the contributor or the information required under division	3604
(B)(4)(b)(iii) of this section from whoever transmits the	3605
contribution.	3606

(4) Any check that a political action committee uses to make	3607
a contribution or an expenditure shall contain the full name and	3608
address of the committee and the registration number assigned to	3609
the committee under division (D)(1) of this section.	3610

(F) As used in this section:

3611

(1) "Address" means all of the following if they exist:	3612
apartment number, street, road, or highway name and number, rural	3613
delivery route number, city or village, state, and zip code as	3614
used in a person's post-office address, but not post-office box.	3615
If an address is required in this section, a post-office box and	3616
office, room, or suite number may be included in addition to but	3617
not in lieu of an apartment, street, road, or highway name and	3618
number. If an address is required in this section, a campaign	3619
committee, political action committee, legislative campaign fund,	3620
or political party,or political contributing entity may use the	3621
business or residence address of its treasurer or deputy	3622
treasurer. The post-office box number of the campaign committee,	3623
political action committee, legislative campaign fund, or	3624
political party,or political contributing entity may be used in	3625
addition to that address.	3626

(2) "Statewide candidate" means the joint candidates for the	3627
offices of governor and lieutenant governor or a candidate for the	3628
office of secretary of state, auditor of state, treasurer of	3629
state, attorney general, member of the state board of education,	3630
chief justice of the supreme court, or justice of the supreme	3631
court.	3632

(G) An independent expenditure shall be reported whenever	3633
and in the same manner that an expenditure is required to be	3634
reported under this section and shall be reported pursuant to	3635
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised	3636
Code.	3637

(H)(1) Except as otherwise provided in division (H)(2) of	3638
this section, if, during the combined preelection and postelection	3639
reporting periods for an election, a campaign committee has	3640
received contributions of five hundred dollars or less and has	3641
made expenditures in the total amount of five hundred dollars or	3642
less, it may file a statement to that effect, under penalty of	3643
election falsification, in lieu of the statement required by	3644
division (A)(2) of this section. The statement shall indicate the	3645
total amount of contributions received and the total amount of	3646
expenditures made during those combined reporting periods.	3647

(2) In the case of a successful candidate at a primary	3648
election, if either the total contributions received by or the	3649
total expenditures made by the candidate's campaign committee	3650
during the preprimary, postprimary, pregeneral, and postgeneral	3651
election periods combined equal more than five hundred dollars,	3652
the campaign committee may file the statement under division	3653
(H)(1) of this section only for the primary election. The first	3654
statement that the campaign committee files in regard to the	3655
general election shall reflect all contributions received and all	3656
expenditures made during the preprimary and postprimary election	3657
periods.	3658

(3) Divisions (H)(1) and (2) of this section do not apply if	3659
a campaign committee receives contributions or makes expenditures	3660
prior to the first day of January of the year of the election at	3661
which the candidate seeks nomination or election to office or if	3662
the campaign committee does not file a termination statement with	3663
its postprimary election statement in the case of an unsuccessful	3664
primary election candidate or with its postgeneral election	3665
statement in the case of other candidates.	3666

(I) In the case of a contribution made by a partnership or	3667
unincorporated business, all of the following apply:	3668

(1) The recipient of the contribution shall report the	3669
contribution by listing both the partnership or unincorporated	3670
business and the name of the partner or owner making the	3671
contribution.	3672

(2) For purposes of section 3517.102 of the Revised Code,	3673
the contribution shall be considered to have been made by the	3674
partner or owner reported under division (I)(1) of this section.	3675

(3) No contribution from a partnership or unincorporated	3676
business shall be accepted unless the recipient reports the	3677
contribution under division (I)(1) of this section.	3678

(J) A candidate shall have only one campaign committee at	3679
any given time for all of the offices for which the person is a	3680
candidate or holds office.	3681

(K)(1) In addition to filing a designation of appointment of	3682
a treasurer under division (D)(1) of this section, the campaign	3683
committee of any candidate for an elected municipal office that	3684
pays an annual amount of compensation of five thousand dollars or	3685
less, the campaign committee of any candidate for member of a	3686
board of education except member of the state board of education,	3687
or the campaign committee of any candidate for township trustee or	3688
township clerk may sign, under penalty of election falsification,	3689
a certificate attesting that the committee will not accept	3690
contributions during an election period that exceed in the	3691
aggregate two thousand dollars from all contributors and one	3692
hundred dollars from any one individual, and that the campaign	3693
committee will not make expenditures during an election period	3694
that exceed in the aggregate two thousand dollars.	3695

The certificate shall be on a form prescribed by the	3696
secretary of state and shall be filed not later than ten days	3697
after the candidate files a declaration of candidacy and petition,	3698
a nominating petition, or a declaration of intent to be a write-in	3699
candidate.	3700

(2) Except as otherwise provided in division (K)(3) of this	3701
section, a campaign committee that files a certificate under	3702
division (K)(1) of this section is not required to file the	3703
statements required by division (A) of section 3517.10 of the	3704
Revised Code.	3705

(3) If, after filing a certificate under division (K)(1) of	3706
this section, a campaign committee exceeds any of the limitations	3707
described in that division during an election period, the	3708
certificate is void and thereafter the campaign committee shall	3709
file the statements required by division (A) of section 3517.10 of	3710
this Revised Code. If the campaign committee has not previously	3711
filed a statement, then on the first statement the campaign	3712
committee is required to file under division (A) of section	3713
3517.10 of the Revised Code after the committee's certificate is	3714
void, the committee shall report all contributions received and	3715
expenditures made from the time the candidate filed the	3716
candidate's declaration of candidacy and petition, nominating	3717
petition, or declaration of intent to be a write-in candidate.	3718

(4) As used in division (K) of this section, "election	3719
period" means the period of time beginning on the day a person	3720
files a declaration of candidacy and petition, nominating	3721
petition, or declaration of intent to be a write-in candidate	3722
through the day of the election at which the person seeks	3723
nomination to office if the person is not elected to office, or,	3724
if the candidate was nominated in a primary election, the day of	3725
the election at which the candidate seeks office.	3726

(L)Notwithstanding division (B)(4) of this section, a	3727
political contributing entity that receives contributions from the	3728
dues, membership fees, or other assessments of its members or from	3729
its officers, shareholders, and employees may report the aggregate	3730
amount of contributions received from those contributors and the	3731
number of individuals making those contributions, for each filing	3732
period identified under divisions (A)(1), (2), and (3) of this	3733
section. Division (B)(4) of this section applies to a political	3734
contributing entity with regard to contributions it receives from	3735
all other contributors.	3736

Sec. 3517.102.  (A) Except as otherwise provided in section	3737
3517.103 of the Revised Code, as used in this section and sections	3738
3517.103 and 3517.104 of the Revised Code:	3739

(1) "Candidate" has the same meaning as in section 3517.01	3740
of the Revised Code but includes only candidates for the offices	3741
of governor, lieutenant governor, secretary of state, auditor of	3742
state, treasurer of state, attorney general, member of the state	3743
board of education, member of the general assembly, chief justice	3744
of the supreme court, and justice of the supreme court.	3745

(2) "Statewide candidate" or "any one statewide candidate"	3746
means the joint candidates for the offices of governor and	3747
lieutenant governor or a candidate for the office of secretary of	3748
state, auditor of state, treasurer of state, attorney general,	3749
member of the state board of education, chief justice of the	3750
supreme court, or justice of the supreme court.	3751

(3) "Senate candidate" means a candidate for the office of	3752
state senator.	3753

(4) "House candidate" means a candidate for the office of	3754
state representative.	3755

(5)(a) "Primary election period" for a candidate begins on	3756
the beginning date of the candidate's pre-filing period specified	3757
in division (A)(9) of section 3517.109 of the Revised Code and	3758
ends on the day of the primary election.	3759

(b) In regard to any candidate, the "general election	3760
period" begins on the day after the primary election immediately	3761
preceding the general election at which the candidate seeks an	3762
office specified in division (A)(1) of this section and ends on	3763
the thirty-first day of December following that general election.	3764

(6) "State candidate fund" means the state candidate fund	3765
established by a state or county political party under division	3766
(D)(3)(c) of section 3517.10 of the Revised Code.	3767

(7) "Postgeneral election statement" means the statement	3768
filed under division (A)(2) of section 3517.10 of the Revised Code	3769
by the campaign committee of a candidate after the general	3770
election in which the candidate ran for office or filed by	3771
legislative campaign fund after the general election in an	3772
even-numbered year.	3773

(8) "Contribution" means any contribution that is required	3774
to be reported in the statement of contributions under section	3775
3517.10 of the Revised Code.	3776

(9) "Designated state campaign committee" means:

3777

(a) In the case of contributions to or from a state	3778
political party, a campaign committee of a statewide candidate,	3779
statewide officeholder, senate candidate, house candidate, or	3780
member of the general assembly.	3781

(b) In the case of contributions to or from a county	3782
political party, a campaign committee of a statewide candidate,	3783
statewide officeholder, senate candidate or house candidate whose	3784
candidacy is to be submitted to some or all of the electors in	3785
that county, or member of the general assembly whose district	3786
contains all or part of that county.	3787

(c) In the case of contributions to or from a legislative	3788
campaign fund, a campaign committee of any of the following:	3789

(i) A senate or house candidate who, if elected, will be a	3790
member of the same party that established the legislative campaign	3791
fund and the same house with which the legislative campaign fund	3792
is associated;	3793

(ii) A state senator or state representative who is a member	3794
of the same party that established the legislative campaign fund	3795
and the same house with which the legislative campaign fund is	3796
associated.	3797

(B)(1) No individual shall make a contribution or	3798
contributions aggregating more than:	3799

(a) Two thousand five hundred dollars to the campaign	3800
committee of any one statewide candidate in a primary election	3801
period or in a general election period;	3802

(b) Two thousand five hundred dollars to the campaign	3803
committee of any one senate candidate in a primary election period	3804
or in a general election period;	3805

(c) Two thousand five hundred dollars to the campaign	3806
committee of any one house candidate in a primary election period	3807
or in a general election period;	3808

(d) Five thousand dollars to any one county political party	3809
for the party's state candidate fund or to any one legislative	3810
campaign fund in a calendar year;	3811

(e) Fifteen thousand dollars to any one state political	3812
party for the party's state candidate fund in a calendar year;	3813

(f) Five thousand dollars to any one political action	3814
committee in a calendar year;	3815

(g) five thousand dollars to any one political contributing	3816
entity in a calendar year.	3817

(2) Subject to division (D)(1) of this section, no political	3818
action committee shall make a contribution or contributions	3819
aggregating more than:	3820

(a) Two thousand five hundred dollars to the campaign	3821
committee of any one statewide candidate in a primary election	3822
period or in a general election period;	3823

(b) Two thousand five hundred dollars to the campaign	3824
committee of any one senate candidate in a primary election period	3825
or in a general election period;	3826

(c) Two thousand five hundred dollars to the campaign	3827
committee of any one house candidate in a primary election period	3828
or in a general election period;	3829

(d) Five thousand dollars to any one county political party	3830
for the party's state candidate fund or to any one legislative	3831
campaign fund in a calendar year;	3832

(e) Fifteen thousand dollars to any one state political	3833
party for the party's state candidate fund in a calendar year;	3834

(f) Two thousand five hundred dollars to another political	3835
action committee or to a political contributing entity in a	3836
calendar year. Division (B)(2)(f) of this section does not apply	3837
to a political action committee that makes a contribution to a	3838
political action committee or to a political contributing entity	3839
affiliated with it. For purposes of division (B)(2)(f) of this	3840
section, a political action committee is affiliated with another	3841
political action committee or with a political contributing entity	3842
if they are both established, financed, maintained, or controlled	3843
by,or if they are, the same corporation, organization, labor	3844
organization, continuing association, or other person, including	3845
any parent, subsidiary, division, or department of that	3846
corporation, organization, labor organization, continuing	3847
association, or other person.	3848

(3) No campaign committee shall make a contribution or	3849
contributions aggregating more than:	3850

(a) Two thousand five hundred dollars to the campaign	3851
committee of any one statewide candidate in a primary election	3852
period or in a general election period;	3853

(b) Two thousand five hundred dollars to the campaign	3854
committee of any one senate candidate in a primary election period	3855
or in a general election period;	3856

(c) Two thousand five hundred dollars to the campaign	3857
committee of any one house candidate in a primary election period	3858
or in a general election period;	3859

(d) Two thousand five hundred dollars to any one political	3860
action committee in a calendar year;	3861

(e) two thousand five hundred dollars to any one political	3862
contributing entity in a calendar year.	3863

(4) Subject to division (D)(3) of this section, no political	3864
party shall make a contribution or contributions aggregating more	3865
than two thousand five hundred dollars to any one political action	3866
committee or to any one political contributing entity in a	3867
calendar year.	3868

(5) No campaign committee, other than a designated state	3869
campaign committee, shall make a contribution or contributions	3870
aggregating in a calendar year more than:	3871

(a) Fifteen thousand dollars to any one state political	3872
party for the party's state candidate fund;	3873

(b) Five thousand dollars to any one legislative campaign	3874
fund;	3875

(c) Five thousand dollars to any one county political party	3876
for the party's state candidate fund.	3877

(6)(a) No state candidate fund of a county political party	3878
shall make a contribution or contributions, except a contribution	3879
or contributions to a designated state campaign committee, in a	3880
primary election period or a general election period, aggregating	3881
more than:	3882

(i) Two thousand five hundred dollars to the campaign	3883
committee of any one senate candidate;	3884

(ii) Two thousand five hundred dollars to the campaign	3885
committee of any one house candidate.	3886

(b)(i) No state candidate fund of a state or county	3887
political party shall make a transfer or a contribution or	3888
transfers or contributions of cash or cash equivalents to a	3889
designated state campaign committee in a primary election period	3890
or in a general election period aggregating more than:	3891

(I) Five hundred thousand dollars to the campaign committee	3892
of any one statewide candidate;	3893

(II) One hundred thousand dollars to the campaign committee	3894
of any one senate candidate;	3895

(III) Fifty thousand dollars to the campaign committee of	3896
any one house candidate.	3897

(ii) No legislative campaign fund shall make a transfer or a	3898
contribution or transfers or contributions of cash or cash	3899
equivalents to a designated state campaign committee aggregating	3900
more than:	3901

(I) Fifty thousand dollars in a primary election period or	3902
one hundred thousand dollars in a general election period to the	3903
campaign committee or any one senate candidate;	3904

(II) Twenty-five thousand dollars in a primary election	3905
period or fifty thousand dollars in a general election period to	3906
the campaign committee of any one house candidate.	3907

(iii) As used in divisions (B)(6)(b) and (C)(6)(a) and (b)	3908
of this section, "transfer or contribution of cash or cash	3909
equivalents" does not include any in-kind contributions.	3910

(c) A county political party that has no state candidate	3911
fund and that is located in a county having a population of less	3912
than one hundred fifty thousand may make one or more contributions	3913
from other accounts to any one designated state campaign committee	3914
that do not exceed, in the aggregate, two thousand five hundred	3915
dollars in any primary election period or general election period.	3916
As used in division (B)(6)(c) of this section, "other accounts"	3917
does not include either an account that contains the public moneys	3918
received from the Ohio political party fund under section 3517.17	3919
of the Revised Code or the county political party's operating	3920
account.	3921

(d) No legislative campaign fund shall make a contribution,	3922
other than to a designated state campaign committee or to the	3923
state candidate fund of a political party.	3924

(7)Subject to division (D)(1) of this section, no political	3925
contributing entity shall make a contribution or contributions	3926
aggregating more than:	3927

(a) Two thousand five hundred dollars to the campaign	3928
committee of any one statewide candidate in a primary election	3929
period or in a general election period;	3930

(b) Two thousand five hundred dollars to the campaign	3931
committee of any one senate candidate in a primary election period	3932
or in a general election period;	3933

(c) Two thousand five hundred dollars to the campaign	3934
committee of any one house candidate in a primary election period	3935
or in a general election period;	3936

(d) Five thousand dollars to any one county political party	3937
for the party's state candidate fund or to any one legislative	3938
campaign fund in a calendar year;	3939

(e) Fifteen thousand dollars to any one state political	3940
party for the party's state candidate fund in a calendar year;	3941

(f) Two thousand five hundred dollars to another political	3942
contributing entity or to a political action committee in a	3943
calendar year. Division (B)(7)(f) of this section does not apply	3944
to a political contributing entity that makes a contribution to a	3945
political contributing entity or to a political action committee	3946
affiliated with it. For purposes of division (B)(7)(f) of this	3947
section, a political contributing entity is affiliated with	3948
another political contributing entity or with a political action	3949
committee if they are both established, financed, maintained, or	3950
controlled by, or if they are, the same corporation, organization,	3951
labor organization, continuing association, or other person,	3952
including any parent, subsidiary, division, or department of that	3953
corporation, organization, labor organization, continuing	3954
association, or other person.	3955

(C)(1) Subject to division (D)(1) of this section, no	3956
campaign committee of a statewide candidate shall accept a	3957
contribution or contributions aggregating more than two thousand	3958
five hundred dollars from any one individual, from any one	3959
political action committee, from any one political contributing	3960
entity, or from any one other campaign committee in a primary	3961
election period or in a general election period.	3962

(2) Subject to division (D)(1) of this section and except	3963
for a designated state campaign committee, no campaign committee	3964
of a senate candidate shall accept a contribution or contributions	3965
aggregating more than two thousand five hundred dollars from any	3966
one individual, from any one political action committee, from any	3967
one political contributing entity, from any one state candidate	3968
fund of a county political party, or from any one other campaign	3969
committee in a primary election period or in a general election	3970
period.	3971

(3) Subject to division (D)(1) of this section and except	3972
for a designated state campaign committee, no campaign committee	3973
of a house candidate shall accept a contribution or contributions	3974
aggregating more than two thousand five hundred dollars from any	3975
one individual, from any one political action committee, from any	3976
one political contributing entity, from any one state candidate	3977
fund of a county political party, or from any one other campaign	3978
committee in a primary election period or in a general election	3979
period.	3980

(4)(a) Subject to division (D)(1) of this section, no county	3981
political party shall accept a contribution or contributions for	3982
the party's state candidate fund aggregating more than five	3983
thousand dollars from any one individual, from any one political	3984
action committee, from any one political contributing entity, or	3985
from any one campaign committee, other than a designated state	3986
campaign committee, in a calendar year.	3987

(b) Subject to division (D)(1) of this section, no state	3988
political party shall accept a contribution or contributions for	3989
the party's state candidate fund aggregating more than fifteen	3990
thousand dollars from any one individual, from any one political	3991
action committee, from any one political contributing entity, or	3992
from any one campaign committee, other than a designated state	3993
campaign committee, in a calendar year.	3994

(5) Subject to division (D)(1) of this section, no	3995
legislative campaign fund shall accept a contribution or	3996
contributions aggregating more than five thousand dollars from any	3997
one individual, from any one political action committee, from any	3998
one political contributing entity, or from any one campaign	3999
committee, other than a designated state campaign committee, in a	4000
calendar year.	4001

(6)(a) No designated state campaign committee shall accept a	4002
transfer or contribution of cash or cash equivalents from a state	4003
candidate fund of a state or county political party aggregating in	4004
a primary election period or a general election period more than:	4005

(i) Five hundred thousand dollars, in the case of a campaign	4006
committee of a statewide candidate;	4007

(ii) One hundred thousand dollars, in the case of a campaign	4008
committee of a senate candidate;	4009

(iii) Fifty thousand dollars, in the case of a campaign	4010
committee of a house candidate.	4011

(b) No designated state campaign committee shall accept a	4012
transfer or contribution of cash or cash equivalents from a	4013
legislative candidate fund aggregating more than:	4014

(i) Fifty thousand dollars in a primary election period or	4015
one hundred thousand dollars in a general election period, in the	4016
case of a campaign committee of a senate candidate;	4017

(ii) Twenty-five thousand dollars in a primary election	4018
period or fifty thousand dollars in a general election period, in	4019
the case of a campaign committee of a house candidate.	4020

(7)(a) Subject to division (D)(3) of this section, no	4021
political action committee and no political contributing entity	4022
shall accept a contribution or contributions aggregating more than	4023
five thousand dollars from any one individual, or more than two	4024
thousand five hundred dollars from any one campaign committee or	4025
from any one political party.	4026

(b) Subject to division (D)(1) of this section, no political	4027
action committee shall accept a contribution or contributions	4028
aggregating more than two thousand five hundred dollars from	4029
another political action committee or from a political	4030
contributing entity in a calendar year. Subject to division	4031
(D)(1) of this section, no political contributing entity shall	4032
accept a contribution or contributions aggregating more than two	4033
thousand five hundred dollars from another political contributing	4034
entity or from a political action committee in a calendar year.	4035
Division (C)(7)(b) of this section does not apply to a political	4036
action committee or political contributing entity that accepts a	4037
contribution from a political action committee or political	4038
contributing entity affiliated with it. For purposes of division	4039
(C)(7)(b) of this section, a political action committee or with a	4040
political contributing entity is affiliated with another political	4041
action committee if they are both established, financed,	4042
maintained, or controlled by the same corporation, organization,	4043
labor organization, continuing association, or other person,	4044
including any parent, subsidiary, division, or department of that	4045
corporation, organization, labor organization, continuing	4046
association, or other person.	4047

(D)(1)(a) For purposes of the limitations prescribed in	4048
division (B)(2) of this section and the limitations prescribed in	4049
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section,	4050
whichever is applicable, all contributions made by and all	4051
contributions accepted from political action committees that are	4052
established, financed, maintained, or controlled by the same	4053
corporation, organization, labor organization, continuing	4054
association, or other person, including any parent, subsidiary,	4055
division, or department of that corporation, organization, labor	4056
organization, continuing association, or other person, are	4057
considered to have been made by or accepted from a single	4058
political action committee.	4059

(b)For purposes of the limitations prescribed in division	4060
(B)(7) of this section and the limitations prescribed in divisions	4061
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever	4062
is applicable, all contributions made by and all contributions	4063
accepted from political contributing entities that are	4064
established, financed, maintained, or controlled by, or that are,	4065
the same corporation, organization, labor organization, continuing	4066
association, or other person, including any parent, subsidiary,	4067
division, or department of that corporation, organization, labor	4068
organization, continuing association, or other person, are	4069
considered to have been made by or accepted from a single	4070
political contributing entity.	4071

(2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and	4072
(C)(7) of this section, "political action committee" does not	4073
include a political action committee that is organized to support	4074
or oppose a ballot issue or question and that makes no	4075
contributions to or expenditures on behalf of a political party,	4076
campaign committee, legislative campaign fund, or political action	4077
committee,or political contributing entity. As used in divisions	4078
(B)(1)(g), (B)(3)(e), (B)(4), and (C)(7) of this section,	4079
"political contributing entity" does not include a political	4080
contributing entity that is organized to support or oppose a	4081
ballot issue or question and that makes no contributions to or	4082
expenditures on behalf of a political party, campaign committee,	4083
legislative campaign fund, political action committee, or	4084
political contributing entity.	4085

(3) For purposes of the limitations prescribed in divisions	4086
(B)(4) and (C)(7)(a) of this section, all contributions made by	4087
and all contributions accepted from a national political party, a	4088
state political party, and a county political party are considered	4089
to have been made by or accepted from a single political party and	4090
shall be combined with each other to determine whether the	4091
limitations have been exceeded.	4092

(E)(1) If a legislative campaign fund has kept a total	4093
amount of contributions exceeding one hundred fifty thousand	4094
dollars at the close of business on the seventh day before the	4095
postgeneral election statement is required to be filed under	4096
section 3517.10 of the Revised Code, the legislative campaign fund	4097
shall comply with division (E)(2) of this section.	4098

(2)(a) Any legislative campaign fund that has kept a total	4099
amount of contributions in excess of the amount specified in	4100
division (E)(1) of this section at the close of business on the	4101
seventh day before the postgeneral election statement is required	4102
to be filed under section 3517.10 of the Revised Code shall	4103
dispose of the excess amount in the manner prescribed in division	4104
(E)(2)(c)(i), (ii), or (iii) of this section not later than ninety	4105
days after the day the postgeneral election statement is required	4106
to be filed under section 3517.10 of the Revised Code. Any	4107
legislative campaign fund that is required to dispose of an excess	4108
amount of contributions under this division shall file a statement	4109
on the ninetieth day after the postgeneral election statement is	4110
required to be filed under section 3517.10 of the Revised Code	4111
indicating the total amount of contributions the fund has at the	4112
close of business on the seventh day before the postgeneral	4113
election statement is required to be filed under section 3517.10	4114
of the Revised Code and that the excess contributions were	4115
disposed of pursuant to this division and divisions (E)(2)(b) and	4116
(c) of this section. The statement shall be on a form prescribed	4117
by the secretary of state and shall contain any additional	4118
information the secretary of state considers necessary.	4119

(b) There is hereby created in the state treasury the Ohio	4120
elections commission fund. All moneys credited to the fund shall	4121
be used solely for the purpose of paying expenses related to the	4122
operation of the Ohio elections commission.	4123

(c) Any legislative campaign fund that is required to	4124
dispose of an excess amount of contributions under division (E)(2)	4125
of this section shall dispose of that excess amount by doing any	4126
of the following:	4127

(i) Giving the amount to the treasurer of state for deposit	4128
into the state treasury to the credit of the Ohio elections	4129
commission fund;	4130

(ii) Giving the amount to individuals who made contributions	4131
to that legislative campaign fund as a refund of all or part of	4132
their contributions;	4133

(iii) Giving the amount to a corporation that is exempt from	4134
federal income taxation under subsection 501(a) and described in	4135
subsection 501(c) of the Internal Revenue Code.	4136

(F)(1) No legislative campaign fund shall fail to file a	4137
statement required by division (E) of this section.	4138

(2) No legislative campaign fund shall fail to dispose of	4139
excess contributions as required by division (E) of this section.	4140

(G) Nothing in this section shall affect, be used in	4141
determining, or supersede a limitation on campaign contributions	4142
as provided for in the Federal Election Campaign Act.	4143

Sec. 3517.155.  (A)(1) Except as otherwise provided in	4144
division (B) of this section, the Ohio elections commission shall	4145
hold its first hearing on a complaint filed with it, other than a	4146
complaint that receives an expedited hearing under section	4147
3517.156 of the Revised Code, not later than ninety business days	4148
after the complaint is filed unless the commission has good cause	4149
to hold the hearing after that time, in which case it shall hold	4150
the hearing not later than one hundred eighty business days after	4151
the complaint is filed. At the hearing, the commission shall	4152
determine whether or not the failure to act or the violation	4153
alleged in the complaint has occurred and shall do only one of the	4154
following, except as otherwise provided in division (B) of this	4155
section or in division (B) of section 3517.151 of the Revised	4156
Code:	4157

(a) Enter a finding that good cause has been shown not to	4158
impose a fine or not to refer the matter to the appropriate	4159
prosecutor;	4160

(b) Impose a fine under section 3517.993 of the Revised	4161
Code;	4162

(c) Refer the matter to the appropriate prosecutor.

4163

(2) As used in division (A) of this section, "appropriate	4164
prosecutor" means a prosecutor as defined in section 2935.01 of	4165
the Revised Code and either of the following:	4166

(a) In the case of a failure to comply with or a violation	4167
of law involving a campaign committee or the committee's	4168
candidate, a political party, a legislative campaign fund, or a	4169
political action committee, or a political contributing entity,	4170
that is required to file a statement of contributions and	4171
expenditures with the secretary of state under division (A) of	4172
section 3517.11 of the Revised Code, the prosecutor of Franklin	4173
county;	4174

(b) In the case of a failure to comply with or a violation	4175
of law involving any other campaign committee or committee's	4176
candidate, or any other political party or political action	4177
committee, either of the following as determined by the	4178
commission:	4179

(i) The prosecutor of Franklin county;

4180

(ii) The prosecutor of the county in which the candidacy or	4181
ballot question or issue is submitted to the electors or, if it is	4182
submitted in more than one county, the most populous of those	4183
counties.	4184

(B) If the commission decides that the evidence is	4185
insufficient for it to determine whether or not the failure to act	4186
or the violation alleged in the complaint has occurred, the	4187
commission, by the affirmative vote of five members, may request	4188
that an investigatory attorney investigate the complaint. Upon	4189
that request, an investigatory attorney shall make an	4190
investigation in order to produce sufficient evidence for the	4191
commission to decide the matter. If the commission requests an	4192
investigation under this division, for good cause shown by the	4193
investigatory attorney, the commission may extend by sixty days	4194
the deadline for holding its first hearing on the complaint as	4195
required in division (A) of this section.	4196

(C) The commission shall take one of the actions required	4197
under division (A) of this section not later than thirty days	4198
after the close of all the evidence presented.	4199

(D)(1) The commission shall make any finding of a failure to	4200
comply with or a violation of law in regard to a complaint that	4201
alleges a violation of division (A) or (B) of section 3517.21 or	4202
division (A) or (B) of section 3517.22 of the Revised Code by	4203
clear and convincing evidence. The commission shall make any	4204
finding of a failure to comply with or a violation of law in	4205
regard to any other complaint by a preponderance of the evidence.	4206

(2) If the commission finds a violation of division (B) of	4207
section 3517.21 or division (B) of section 3517.22 of the Revised	4208
Code, it shall refer the matter to the appropriate prosecutor	4209
under division (A)(1)(c) of this section and shall not impose a	4210
fine under division (A)(1)(b) of this section or section 3517.993	4211
of the Revised Code.	4212

(E) In an action before the commission or a panel of the	4213
commission, if the allegations of the complainant are not proved,	4214
and the commission takes the action described in division	4215
(A)(1)(a) of this section or a panel of the commission takes the	4216
action described in division (C)(1) of section 3517.156 of the	4217
Revised Code, the commission or a panel of the commission may find	4218
that the complaint is frivolous, and, if the commission or panel	4219
so finds, the commission shall order the complainant to pay	4220
reasonable attorney's fees and to pay the costs of the commission	4221
or panel as determined by a majority of the members of the	4222
commission. The costs paid to the commission or panel under this	4223
division shall be deposited into the Ohio elections commission	4224
fund.	4225

Sec. 3517.992.  This section establishes penalties only with	4226
respect to acts or failures to act that occur on and after August	4227
24, 1995.	4228

(A)(1) A candidate whose campaign committee violates	4229
division (A), (B), (C), (D), or (V) of section 3517.13 of the	4230
Revised Code, or a treasurer of a campaign committee who violates	4231
any of those divisions, shall be fined not more than one hundred	4232
dollars for each day of violation.	4233

(2) Whoever violates division (E) of section 3517.13 of the	4234
Revised Code shall be fined not more than one hundred dollars for	4235
each day of violation.	4236

(B) A political party that violates division (F)(1) of	4237
section 3517.101 of the Revised Code shall be fined not more than	4238
one hundred dollars for each day of violation.	4239

(C) Whoever violates division (F)(2) of section 3517.101 or	4240
division (G) of section 3517.13 of the Revised Code shall be fined	4241
not more than ten thousand dollars or, if the offender is a person	4242
who was nominated or elected to public office, shall forfeit the	4243
nomination or the office to which the offender was elected, or	4244
both.	4245

(D) Whoever violates division (F) of section 3517.13 of the	4246
Revised Code shall be fined not more than three times the amount	4247
contributed.	4248

(E) Whoever violates division (H) of section 3517.13 of the	4249
Revised Code shall be fined not more than one hundred dollars.	4250

(F) Whoever violates division (O), (P), or (Q) of section	4251
3517.13 of the Revised Code is guilty of a misdemeanor of the	4252
first degree.	4253

(G) A state or county committee of a political party that	4254
violates division (B)(1) of section 3517.18 of the Revised Code	4255
shall be fined not more than twice the amount of the improper	4256
expenditure.	4257

(H) A state or county political party that violates division	4258
(G) of section 3517.101 of the Revised Code shall be fined not	4259
more than twice the amount of the improper expenditure or use.	4260

(I)(1) Any individual who violates division (B)(1) of	4261
section 3517.102 of the Revised Code and knows that the	4262
contribution the individual makes violates that division shall be	4263
fined an amount equal to three times the amount contributed in	4264
excess of the amount permitted by that division.	4265

(2) Any political action committee that violates division	4266
(B)(2) of section 3517.102 of the Revised Code shall be fined an	4267
amount equal to three times the amount contributed in excess of	4268
the amount permitted by that division.	4269

(3) Any campaign committee that violates division (B)(3) or	4270
(5) of section 3517.102 of the Revised Code shall be fined an	4271
amount equal to three times the amount contributed in excess of	4272
the amount permitted by that division.	4273

(4) Any legislative campaign fund that violates division	4274
(B)(6) of section 3517.102 of the Revised Code, and any state	4275
political party, county political party, or state candidate fund	4276
of a state political party or county political party that violates	4277
division (B)(6) of that section, shall be fined an amount equal to	4278
three times the amount contributed in excess of the amount	4279
permitted by those divisions, as applicable.	4280

(5) Any political contributing entity that violates division	4281
(B)(7) of section 3517.102 Of the Revised Code shall be fined an	4282
amount equal to three times the amount contributed in excess of	4283
the amount permitted by that division.	4284

(6) Notwithstanding divisions (J)(1), (2), (3), and (4),and	4285
(5) of this section, no fine shall be imposed if the excess amount	4286
contributed meets either of the following conditions:	4287

(a) It is completely refunded within five business days	4288
after it is accepted.	4289

(b) It is less than or equal to the amount permitted under	4290
division (J)(I)(1), (2), (3), or (4),or(5) of this section,	4291
whichever is applicable, and the excess is completely refunded	4292
within ten business days after notification to the recipient of	4293
the contribution by the board of elections or the secretary of	4294
state that a contribution in excess of the permitted amount has	4295
been received.	4296

(J)(1) Any campaign committee that violates division (C)(1),	4297
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	4298
fined an amount equal to three times the amount accepted in excess	4299
of the amount permitted by that division.	4300

(2) Any state or county political party that violates	4301
division (C)(4) of section 3517.102 of the Revised Code shall be	4302
fined an amount from its state candidate fund equal to three times	4303
the amount accepted in excess of the amount permitted by that	4304
division.	4305

(3) Any legislative campaign fund that violates division	4306
(C)(5) of section 3517.102 of the Revised Code shall be fined an	4307
amount equal to three times the amount accepted in excess of the	4308
amount permitted by that division.	4309

(4) Any political action committee or political contributing	4310
entity that violates division (C)(7) of section 3517.102 of the	4311
Revised Code shall be fined an amount equal to three times the	4312
amount accepted in excess of the amount permitted by that	4313
division.	4314

(5) Notwithstanding divisions (K)(J)(1), (2), (3), and (4)	4315
of this section, no fine shall be imposed if the excess accepted	4316
meets either of the following conditions:	4317

(a) It is completely refunded within five business days	4318
after its acceptance.	4319

(b) It is less than or equal to the amount permitted under	4320
division (K)(J)(1), (2), (3), or (4), whichever is applicable, and	4321
the excess is completely refunded within ten business days after	4322
notification to the recipient of the contribution by the board of	4323
elections or the secretary of state that a contribution in excess	4324
of the permitted amount has been received.	4325

(K)(1) Any campaign committee or legislative campaign fund	4326
that violates division (F)(1) of section 3517.102 of the Revised	4327
Code shall be fined twenty-five dollars for each day of violation.	4328

(2) Any campaign committee or legislative campaign fund that	4329
violates division (F)(2) of section 3517.102 of the Revised Code	4330
shall give to the treasurer of state for deposit into the state	4331
treasury to the credit of the Ohio elections commission fund all	4332
excess contributions not disposed of as required by division (E)	4333
of section 3517.102 of the Revised Code.	4334

(L) Whoever violates section 3517.105 of the Revised Code	4335
shall be fined one thousand dollars.	4336

(M)(1) Whoever solicits a contribution in violation of	4337
section 3517.092 or violates division (B) of section 3517.09 of	4338
the Revised Code is guilty of a misdemeanor of the first degree.	4339

(2) Whoever knowingly accepts a contribution in violation of	4340
division (B) or (C) of section 3517.092 of the Revised Code shall	4341
be fined an amount equal to three times the amount accepted in	4342
violation of either of those divisions and shall return to the	4343
contributor any amount so accepted. Whoever unknowingly accepts a	4344
contribution in violation of division (B) or (C) of section	4345
3517.092 of the Revised Code shall return to the contributor any	4346
amount so accepted.	4347

(N) Whoever violates division (S) of section 3517.13 of the	4348
Revised Code shall be fined an amount equal to three times the	4349
amount of funds transferred or three times the value of the assets	4350
transferred in violation of that division.	4351

(O) Any campaign committee that accepts a contribution or	4352
contributions in violation of section 3517.108 of the Revised	4353
Code, uses a contribution in violation of that section, or fails	4354
to dispose of excess contributions in violation of that section	4355
shall be fined an amount equal to three times the amount accepted,	4356
used, or kept in violation of that section.	4357

(P) Any political party, state candidate fund, legislative	4358
candidate fund, or campaign committee that violates division (T)	4359
of section 3517.13 of the Revised Code shall be fined an amount	4360
equal to three times the amount contributed or accepted in	4361
violation of that section.	4362

(Q) A treasurer of a committee or another person who	4363
violates division (U) of section 3517.13 of the Revised Code shall	4364
be fined not more than two hundred fifty dollars.	4365

(R) Whoever violates division (I) or (J) of section 3517.13	4366
of the Revised Code shall be fined not more than one thousand	4367
dollars. Whenever a person is found guilty of violating division	4368
(I) or (J) of section 3517.13 of the Revised Code, the contract	4369
awarded in violation of either of those divisions shall be	4370
rescinded if its terms have not yet been performed.	4371

(S) A candidate whose campaign committee violates or a	4372
treasurer of a campaign committee who violates section 3517.081,	4373
and a candidate whose campaign committee violates, or a treasurer	4374
of a campaign committee, or another person who violates, division	4375
(C) of section 3517.10 of the Revised Code, shall be fined not	4376
more than five hundred dollars.	4377

(T) A candidate whose campaign committee violates or a	4378
treasurer of a committee who violates division (B), or a candidate	4379
whose campaign committee violates, a treasurer of a committee, or	4380
another person who violates division (C), of section 3517.09 of	4381
the Revised Code shall be fined not more than one thousand	4382
dollars.	4383

(U) Whoever violates section 3517.20 of the Revised Code	4384
shall be fined not more than five hundred dollars.	4385

(V) Whoever violates section 3517.21 or 3517.22 of the	4386
Revised Code shall be imprisoned for not more than six months or	4387
fined not more than five thousand dollars, or both.	4388

Section 4. That all existing versions of sections 3517.10,	4389
3517.102, 3517.155, and 3517.992 of the Revised Code are hereby	4390
repealed.	4391

Section 5. Sections 3 and 4 of this act shall take effect	4392
January 1, 2000.	4393

Section 6.  Section 3517.20 of the Revised Code is presented	4394
in this act as a composite of the section as amended by both Am.	4395
Sub. S.B. 9 and Am. Sub. H.B. 99 of the 121st General Assembly,	4396
with the new language of neither of the acts shown in capital	4397
letters. This is in recognition of the principle stated in	4398
division (B) of section 1.52 of the Revised Code that such	4399
amendments are to be harmonized where not substantively	4400
irreconcilable and constitutes a legislative finding that such is	4401
the resulting version in effect prior to the effective date of	4402
this act.	4403