As Reported by House Technology and Elections Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 119 5
1999-2000 6
REPRESENTATIVES AMSTUTZ-LOGAN-SULZER-MAIER-SYKES- 8
WILLIAMS-OLMAN-FLANNERY-FORD-TRAKAS-BENDER 9
_________________________________________________________________ 10
A B I L L
To amend sections 3517.10, 3517.105, 3517.106, and 12
3517.11 of the Revised Code to permit, effective 14
January 1, 2000, the electronic filing of
statements of contributions and expenditures of 15
campaign committees of candidates for statewide 16
office or the office of member of the General 17
Assembly, political action committees and
political contributing entities that file 18
statements with the Secretary of State, 19
legislative campaign funds, and state political 20
parties and the electronic filing of certain
individual, partnership, or other entity 21
statements of independent expenditures; to
require, effective January 1, 2000, the 22
electronic filing of statements of contributions 23
and expenditures of campaign committees of 24
candidates for statewide office if the total 25
contributions or expenditures for a reporting 26
period exceed $10,000; to require, effective
January 1, 2002, the electronic filing of 28
statements of contributions and expenditures of
campaign committees of candidates for the General 29
Assembly, political action committees and 30
political contributing entities that file 31
statements with the Secretary of State,
legislative campaign funds, and state political 32
parties if the total contributions or 33
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expenditures exceed $10,000 for the reporting
period; to require, effective January 1, 2002, 34
the electronic filing of statements of 35
individuals and certain entities that make 36
independent expenditures for or against statewide
candidates or statewide issues if the total 38
independent expenditures exceed $10,000 for a
reporting period; to require, effective on those 39
applicable dates, the Secretary of State to make
available on the internet contribution and 40
expenditure information from all statements filed 41
electronically or otherwise by those individuals,
committees, or entities; and to maintain the 42
provisions of this act on and after January 1, 43
2000, by amending the version of section 3517.10
of the Revised Code that takes effect on that 44
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 46
Section 1. That sections 3517.10, 3517.105, 3517.106, and 48
3517.11 of the Revised Code be amended to read as follows: 49
Sec. 3517.10. (A) Except as otherwise provided in this 58
division, every campaign committee, political action committee, 59
legislative campaign fund, political party, and political 60
contributing entity that made or received a contribution or made 62
an expenditure in connection with the nomination or election of 63
any candidate or in connection with any ballot issue or question 64
at any election held or to be held in this state shall file, on a 65
form prescribed under this section OR BY ELECTRONIC MEANS OF 66
TRANSMISSION AS PROVIDED IN THIS SECTION AND SECTION 3517.106 OF 67
THE REVISED CODE, a full, true, and itemized statement, made 69
under penalty of election falsification, setting forth in detail 70
the contributions and expenditures, no later than four p.m. of 71
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the following dates:
(1) The twelfth day before the election to reflect 73
contributions received and expenditures made from the close of 74
business on the last day reflected in the last previously filed 75
statement, if any, to the close of business on the twentieth day 76
before the election; 77
(2) The thirty-eighth day after the election to reflect 79
the contributions received and expenditures made from the close 80
of business on the last day reflected in the last previously 81
filed statement, if any, to the close of business on the seventh 82
day before the filing of the statement; 83
(3) The last business day of January of every year to 85
reflect the contributions received and expenditures made from the 86
close of business on the last day reflected in the last 87
previously filed statement, if any, to the close of business on 88
the last day of December of the previous year. 89
A campaign committee shall only be required to file the 91
statements prescribed under divisions (A)(1) and (2) of this 92
section in connection with the nomination or election of the 93
committee's candidate. 94
The statement required under division (A)(1) of this 96
section shall not be required of any campaign committee, 97
political action committee, legislative campaign fund, political 99
party, or political contributing entity that has received 101
contributions of less than one thousand dollars and has made 102
expenditures of less than one thousand dollars at the close of 103
business on the twentieth day before the election. Those 104
contributions and expenditures shall be reported in the statement 105
required under division (A)(2) of this section. 106
If an election to select candidates to appear on the 108
general election ballot is held within sixty days before a 109
general election, the campaign committee of a successful 110
candidate in the earlier election may file the statement required 111
by division (A)(1) of this section for the general election 112
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instead of the statement required by division (A)(2) of this 113
section for the earlier election if the pregeneral election 115
statement reflects the status of contributions and expenditures 116
for the period twenty days before the earlier election to twenty 117
days before the general election. 118
If a person becomes a candidate less than twenty days 120
before an election, the candidate's campaign committee is not 121
required to file the statement required by division (A)(1) of 123
this section.
No statement under division (A)(3) of this section shall be 125
required for any year in which a campaign committee, political 126
action committee, legislative campaign fund, political party, or 128
political contributing entity is required to file a postgeneral 130
election statement under division (A)(2) of this section. 133
However, such a statement may be filed, at the option of the 134
campaign committee, political action committee, legislative 135
campaign fund, political party, or political contributing entity. 136
No statement under division (A)(3) of this section shall be 138
required if the campaign committee, political action committee, 139
legislative campaign fund, political party, or political 140
contributing entity has no contributions that it has received and 142
no expenditures that it has made since the last date reflected in 144
its last previously filed statement. However, the campaign 145
committee, political action committee, legislative campaign fund, 147
political party, or political contributing entity shall file a 149
statement to that effect, on a form prescribed under this section 150
and made under penalty of election falsification, on the date 151
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 154
a monthly statement of contributions received during each of the 155
months of July, August, and September in the year of the general 156
election in which the candidate seeks office. The campaign 157
committee of a statewide candidate shall file the monthly 158
statement not later than three business days after the last day 159
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of the month covered by the statement. The campaign committee of 160
a statewide candidate that files a notice under division (C)(1) 162
of section 3517.103 of the Revised Code and the campaign 163
committee of a statewide candidate to which, in accordance with 164
division (D) of section 3517.103 of the Revised Code, the 165
contribution limitations prescribed in section 3517.102 of the 166
Revised Code no longer apply shall file an additional monthly 168
statement of contributions received during the primary election 169
period in the year of the primary election in which the candidate 170
seeks nomination to office beginning with contributions received 171
after the last business day in the committee's last previously 173
filed statement, if any, through the fifteenth day of March. 174
That statement shall be filed not later than three business days 175
after the fifteenth day of March. Contributions reported in the 176
additional monthly statement of contributions shall also be 177
included in the campaign committee's pre-primary PREPRIMARY 178
election statement required under division (A)(1) of this 180
section. During the period beginning on the nineteenth day 181
before the general election in which a statewide candidate seeks 182
election to office and extending through the day of that general
election, each time the campaign committee of the joint 183
candidates for the offices of governor and lieutenant governor or 185
of a candidate for the office of secretary of state, auditor of 186
state, treasurer of state, or attorney general receives a
contribution from a contributor that causes the aggregate amount 187
of contributions received from that contributor during that 188
period to equal or exceed two thousand five hundred dollars and 189
each time the campaign committee of a candidate for the office of 190
chief justice or justice of the supreme court receives a 191
contribution from a contributor that causes the aggregate amount 192
of contributions received from that contributor during that 193
period to exceed five hundred dollars, the campaign committee 194
shall file a two-business-day statement reflecting that 195
contribution. During the period beginning on the nineteenth day 197
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before a primary election in which a candidate for statewide 198
office seeks nomination to office and extending through the day 199
of that primary election, each time either the campaign committee 200
of a statewide candidate in that primary election that files a 201
notice under division (C)(1) of section 3517.103 of the Revised 202
Code or the campaign committee of a statewide candidate in that 204
primary election to which, in accordance with division (D) of 205
section 3517.103 of the Revised Code, the contribution 206
limitations prescribed in section 3517.102 of the Revised Code no 208
longer apply receives a contribution from a contributor that 209
causes the aggregate amount of contributions received from that 210
contributor during that period to exceed two thousand five 211
hundred dollars, the campaign committee shall file a 212
two-business-day statement reflecting that contribution. 213
Contributions reported on a two-business-day statement required 215
to be filed by a campaign committee of a statewide candidate in a 216
primary election shall also be included in the post-primary 217
POSTPRIMARY election statement required to be filed by that 219
campaign committee under division (A)(2) of this section. A 220
two-business-day statement required by this paragraph shall be 221
filed not later than two business days after receipt of the 222
contribution. The statements required by this paragraph shall be 223
filed in addition to any other statements required by this 224
section.
The secretary of state may permit the filing of 226
two-business-day statements by facsimile or other electronic 227
means of transmission. ON AND AFTER JANUARY 1, 2000, A CAMPAIGN 228
COMMITTEE OF A STATEWIDE CANDIDATE SHALL FILE A TWO-BUSINESS-DAY 229
STATEMENT UNDER THE PRECEDING PARAGRAPH BY ELECTRONIC MEANS OF 231
TRANSMISSION IF THE CAMPAIGN COMMITTEE IS REQUIRED TO FILE A 233
PREELECTION, POSTELECTION, OR MONTHLY STATEMENT OF CONTRIBUTIONS 234
AND EXPENDITURES BY ELECTRONIC MEANS OF TRANSMISSION UNDER THIS 235
SECTION OR SECTION 3517.106 OF THE REVISED CODE. 237
If a campaign committee or political action committee has 239
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no balance on hand and no outstanding obligations and desires to 240
terminate itself, it shall file a statement to that effect, on a 241
form prescribed under this section and made under penalty of 242
election falsification, with the official with whom it files a 243
statement under division (A) of this section after filing a final 244
statement of contributions and a final statement of expenditures, 245
if contributions have been received or expenditures made since 246
the period reflected in its last previously filed statement. 247
(B) Except as otherwise provided in division (C)(7) of 249
this section, each statement required by division (A) of this 250
section shall contain the following information: 251
(1) The full name and address of each campaign committee, 253
political action committee, legislative campaign fund, political 255
party, or political contributing entity, including any treasurer 257
of the committee, fund, party, or entity, filing a contribution 258
and expenditure statement;
(2)(a) In the case of a campaign committee, the 260
candidate's full name and address; 261
(b) In the case of a political action committee, the 263
registration number assigned to the committee under division 264
(D)(1) of this section. 265
(3) The date of the election and whether it was or will be 267
a general, primary, or special election; 268
(4) A statement of contributions received, which shall 270
include THE FOLLOWING INFORMATION: 271
(a) The month, day, and year of the contribution; 273
(b)(i) The full name and address of each person, political 275
party, campaign committee, legislative campaign fund, political 277
action committee, or political contributing entity from whom 278
contributions are received and the registration number assigned 279
to the political action committee under division (D)(1) of this 280
section. The requirement of filing the full address does not 281
apply to any statement filed by a state or local committee of a 282
political party, to a finance committee of such committee, or to 284
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a committee recognized by a state or local committee as its 285
fund-raising auxiliary. Notwithstanding division (F)(1) of this 286
section, the requirement of filing the full address shall be 287
considered as being met if the address filed is the same address 288
the contributor provided under division (E)(1) of this section. 289
(ii) If a campaign committee of a statewide candidate or 291
candidate for the office of member of the general assembly 292
receives a contribution from an individual that exceeds one 293
hundred dollars, the name of the individual's current employer, 294
if any, or, if the individual is self-employed, the individual's 296
occupation;
(iii) If a campaign committee of a statewide candidate or 298
candidate for the office of member of the general assembly 299
receives a contribution transmitted pursuant to section 3599.031 301
of the Revised Code from amounts deducted from the wages and 302
salaries of two or more employees that exceeds in the aggregate 304
one hundred dollars during any one filing period under division 305
(A)(1), (2), or (3) of this section, the full name of the 306
employees' employer and the full name of the labor organization
of which the employees are members, if any. 307
(c) A description of the contribution received, if other 309
than money; 310
(d) The value in dollars and cents of the contribution; 312
(e) A separately itemized account of all contributions and 314
expenditures regardless of the amount, except a receipt of a 315
contribution from a person in the sum of twenty-five dollars or 316
less at one social or fund-raising activity and a receipt of a 317
contribution transmitted pursuant to section 3599.031 of the 318
Revised Code from amounts deducted from the wages and salaries of 319
employees if the contribution from the amount deducted from the 320
wages and salary of any one employee is twenty-five dollars or 321
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 322
include a description of and the value of each in-kind 323
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contribution received at that activity from any person who made 324
one or more such contributions whose aggregate value exceeded two 325
hundred fifty dollars and shall be listed separately, together 326
with the expenses incurred and paid in connection with that 327
activity. A campaign committee, political action committee, 328
legislative campaign fund, political party, or political 329
contributing entity shall keep records of contributions from each 330
person in the amount of twenty-five dollars or less at one social 331
or fund-raising activity and contributions from amounts deducted 332
under section 3599.031 of the Revised Code from the wages and 333
salary of each employee in the amount of twenty-five dollars or 334
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 335
party as an auxiliary of the party and that makes a contribution 336
from funds derived solely from regular dues paid by members of 337
the auxiliary shall be required to list the name or address of 338
any members who paid those dues.
Contributions that are other income shall be itemized 340
separately from all other contributions. The information 341
required under division (B)(4) of this section shall be provided 343
for all other income itemized. As used in this paragraph, "other 344
income" means a loan, investment income, or interest income. 345
(f) In the case of a campaign committee of a state elected 348
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 349
to the campaign committee of that officer, the information 350
required under division (B)(4) of this section in regard to that 351
contribution, which shall be filed together with and considered a 352
part of the committee's statement of contributions as required 353
under division (A) of this section but shall be filed on a 355
separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: 356
(i) "State elected officer" has the same meaning as in 359
section 3517.092 of the Revised Code. 360
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(ii) "Person doing business" means a person or an officer 363
of an entity who enters into one or more contracts with a state 364
elected officer or anyone authorized to enter into contracts on 365
behalf of that officer to receive payments for goods or services, 366
if the payments total, in the aggregate, more than five thousand 367
dollars during a calendar year. 368
(5) A statement of expenditures which shall include THE 370
FOLLOWING INFORMATION: 371
(a) The month, day, and year of the expenditure; 373
(b) The full name and address of each person, political 375
party, campaign committee, legislative campaign fund, political 377
action committee, or political contributing entity to whom the 378
expenditure was made and the registration number assigned to the 379
political action committee under division (D)(1) of this section; 381
(c) The object or purpose for which the expenditure was 383
made; 384
(d) The amount of each expenditure. 386
(C)(1) The statement of contributions and expenditures 388
shall be signed by the person completing the form. IF A 389
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES IS ELECTRONICALLY 390
FILED PURSUANT TO THIS SECTION OR SECTION 3517.106 OF THE REVISED 391
CODE, THE ELECTRONIC SIGNATURE OF THE PERSON WHO EXECUTES THE 392
STATEMENT AND TRANSMITS THE STATEMENT ELECTRONICALLY, AS PROVIDED 394
IN DIVISION (H) OF SECTION 3517.106 OF THE REVISED CODE, SHALL BE 395
ATTACHED TO OR ASSOCIATED WITH THE STATEMENT AND SHALL BE BINDING 396
FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS IF
THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM. 397
(2) The person filing the statement shall, under penalty 399
of election falsification, SHALL include with it a list of each 400
anonymous contribution, the circumstances under which it was 401
received, and the reason it cannot be attributed to a specific 402
donor.
(3) Each statement of a campaign committee of a candidate 404
who holds public office shall contain a designation of each 405
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contributor who is an employee in any unit or department under 406
the candidate's direct supervision and control. In a space 407
provided in the statement, the person filing the statement shall 408
affirm that each such contribution was voluntarily made. 409
(4) A campaign committee that did not receive 411
contributions or make expenditures in connection with the 412
nomination or election of its candidate shall file a statement to 413
that effect, on a form prescribed under this section and made 414
under penalty of election falsification, on the date required in 415
division (A)(2) of this section. 416
(5) The campaign committee of any person who attempts to 418
become a candidate and who, for any reason, does not become 419
certified in accordance with Title XXXV of the Revised Code for 420
placement on the official ballot of a primary, general, or 421
special election to be held in this state, and who, at any time 422
prior to or after an election, receives contributions or makes 423
expenditures, or has given consent for another to receive 424
contributions or make expenditures, for the purpose of bringing 425
about the person's nomination or election to public office, shall 426
file the statement or statements prescribed by this section and a 427
termination statement, if applicable. This paragraph does not 428
apply to any person with respect to an election to the offices of 429
member of a county or state central committee, presidential 430
elector, or delegate to a national convention or conference of a 431
political party. 432
(6)(a) The statements required to be filed under this 434
section shall specify the balance in the hands of the campaign 436
committee, political action committee, legislative campaign fund, 437
political party, or political contributing entity and the 438
disposition intended to be made of that balance. 439
(b) The SECRETARY OF STATE SHALL PRESCRIBE THE form for 441
all statements required to be filed under this section shall be 443
prescribed by the secretary of state, and furnished SHALL FURNISH 445
THE FORMS to the boards of elections in the several counties, and 446
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the. THE boards of elections shall supply printed copies of 447
those forms without charge. The secretary of state may require 448
that SHALL PRESCRIBE THE APPROPRIATE METHODOLOGY, PROTOCOL, AND 449
DATA FILE STRUCTURE FOR THE ELECTRONIC TRANSMISSION OF STATEMENTS 451
REQUIRED OR PERMITTED TO BE FILED ELECTRONICALLY UNDER DIVISION 452
(A) OF THIS SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 453
3517.106 OF THE REVISED CODE. SUBJECT TO DIVISION (A) OF THIS 454
SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 OF 456
THE REVISED CODE, the statements required to be stored on 458
computer by the secretary of state under divisions (A)(1) to (4) 460
DIVISION (B) of section 3517.106 of the Revised Code SHALL be 461
filed in whatever format the secretary of state considers 462
necessary so that TO ENABLE the secretary of state may TO store 463
the information contained in the statements on computer. Any 464
such format shall be of a type and nature that is readily 465
available to whoever is required to file the statements in that 466
format.
(7) Each monthly statement and each two-business-day 468
statement required by division (A) of this section shall contain 469
the information required by divisions (B)(1) to (4), (C)(2), and, 470
if appropriate, (C)(3) of this section. Each statement shall be 472
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 474
expenditure, every campaign committee, political action 475
committee, legislative campaign fund, political party, or 476
political contributing entity shall appoint a treasurer and shall 478
file, on a form prescribed by the secretary of state, a 479
designation of that appointment, including the full name and 481
address of the treasurer and of the campaign committee, political 482
action committee, legislative campaign fund, political party, or 484
political contributing entity. That designation shall be filed 485
with the official with whom the campaign committee, political 487
action committee, legislative campaign fund, political party, or 488
political contributing entity is required to file statements 489
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under section 3517.11 of the Revised Code. The name of a 490
campaign committee shall include at least the last name of the 491
campaign committee's candidate. The secretary of state shall 493
assign a registration number to each political action committee 494
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 495
is required by division (A)(1) of section 3517.11 of the Revised 496
Code to file the statements prescribed by this section with the 497
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 499
section shall keep a strict account of all contributions, from 500
whom received and the purpose for which they were disbursed. 501
(3)(a) Except as otherwise provided in section 3517.108 of 503
the Revised Code, a campaign committee shall deposit all monetary 504
contributions received by the committee into an account separate 505
from a personal or business account of the candidate or campaign 506
committee.
(b) A political action committee shall deposit all 509
monetary contributions received by the committee into an account 510
separate from all other funds.
(c) A state or county political party may establish a 513
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 514
fund under section 3517.17 of the Revised Code and from all other 515
funds. A state or county political party may deposit into its 516
state candidate fund any amounts of monetary contributions that 517
are made to or accepted by the political party subject to the 518
applicable limitations, if any, prescribed in section 3517.102 of 519
the Revised Code. A state or county political party shall 520
deposit all other monetary contributions received by the party 521
into one or more accounts that are separate from its state 522
candidate fund and from its account that contains the public 523
moneys received from the Ohio political party fund under section 524
3517.17 of the Revised Code.
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(d) Each state political party shall have only one 526
legislative campaign fund for each house of the general assembly. 527
Each such fund shall be separate from any other funds or accounts 528
of that state party. A legislative campaign fund is authorized 529
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 530
of that political party to the house of the general assembly with 531
which that legislative campaign fund is associated. Each 532
legislative campaign fund shall be administered and controlled in 533
a manner designated by the caucus. As used in division (D)(3)(d) 534
of this section, "caucus" has the same meaning as in section 535
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 536
the caucus is associated, or that chairperson's designee. 537
(4) Every expenditure in excess of twenty-five dollars 539
shall be vouched for by a receipted bill, stating the purpose of 540
the expenditures, that shall be filed with the statement of 541
expenditures. A canceled check with a notation of the purpose of 542
the expenditure is a receipted bill for purposes of division 543
(D)(4) of this section. 544
(5) The secretary of state or the board of elections, as 546
the case may be, shall issue a receipt for each statement filed 547
under this section and shall preserve a copy of the receipt for a 548
period of at least six years. All statements filed under this 549
section shall be open to public inspection in the office where 551
they are filed and shall be carefully preserved for a period of 552
at least six years after the year in which they are filed. 553
(6) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 556
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE THE MANNER 559
OF ACKNOWLEDGING AND PRESERVING THE RECEIPT OF STATEMENTS THAT 560
ARE ELECTRONICALLY TRANSMITTED TO THE SECRETARY OF STATE PURSUANT 561
TO THIS SECTION OR SECTION 3517.106 OF THE REVISED CODE AND THE 563
MANNER OF PRESERVING THE CONTRIBUTION AND EXPENDITURE INFORMATION 564
IN THOSE STATEMENTS. THE SECRETARY OF STATE SHALL PRESERVE THE 566
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CONTRIBUTION AND EXPENDITURE INFORMATION IN THOSE STATEMENTS FOR 567
AT LEAST TEN YEARS AFTER THE YEAR IN WHICH THEY ARE 568
ELECTRONICALLY FILED. 569
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), 572
(F), (G), AND (I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 573
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL 575
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO STATEMENTS, AND ALL 576
AMENDED STATEMENTS FILED WITH THE SECRETARY OF STATE BY
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS SECTION, 577
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105, OR SECTION 579
3517.106 OR 3517.11 OF THE REVISED CODE.
(E)(1) Any person, political party, campaign committee, 581
legislative campaign fund, political action committee, or 583
political contributing entity that makes a contribution in 584
connection with the nomination or election of any candidate or in 585
connection with any ballot issue or question at any election held 586
or to be held in this state shall provide its full name and 587
address to the recipient of the contribution at the time the 588
contribution is made. The political action committee also shall 590
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 591
contribution at the time the contribution is made. 592
(2) Any individual who makes a contribution that exceeds 595
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 596
assembly shall provide the name of the individual's current 597
employer, if any, or, if the individual is self-employed, the 599
individual's occupation to the recipient of the contribution at 600
the time the contribution is made. Sections 3599.39 and 3599.40 601
of the Revised Code do not apply to division (E)(2) of this 602
section.
(3) If a campaign committee shows that it has exercised 604
its best efforts to obtain, maintain, and submit the information 605
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required under divisions (B)(4)(b)(ii) and (iii) of this section, 606
that committee is considered to have met the requirements of 607
those divisions. A campaign committee shall not be considered to 608
have exercised its best efforts unless, in connection with 609
written solicitations, it regularly includes a written request 610
for the information required under division (B)(4)(b)(ii) of this 611
section from the contributor or the information required under 612
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 613
(4) Any check that a political action committee uses to 615
make a contribution or an expenditure shall contain the full name 616
and address of the committee and the registration number assigned 617
to the committee under division (D)(1) of this section. 618
(F) As used in this section: 620
(1) "Address" means all of the following if they exist: 623
apartment number, street, road, or highway name and number, rural 624
delivery route number, city or village, state, and zip code as 625
used in a person's post-office address, but not post-office box. 626
If an address is required in this section, a post-office box and 627
office, room, or suite number may be included in addition to but 628
not in lieu of an apartment, street, road, or highway name and 629
number. If an address is required in this section, a campaign 631
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 633
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 634
political action committee, legislative campaign fund, political 636
party, or political contributing entity may be used in addition 637
to that address.
(2) "Statewide candidate" means the joint candidates for 639
the offices of governor and lieutenant governor or a candidate 640
for the office of secretary of state, auditor of state, treasurer 641
of state, attorney general, member of the state board of 642
education, chief justice of the supreme court, or justice of the 643
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supreme court.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 645
OF THE REVISED CODE.
(G) An independent expenditure shall be reported whenever 648
and in the same manner that an expenditure is required to be
reported under this section and shall be reported pursuant to 649
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 650
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 653
this section, if, during the combined preelection and
postelection reporting periods for an election, a campaign 655
committee has received contributions of five hundred dollars or 656
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 657
under penalty of election falsification, in lieu of the statement 658
required by division (A)(2) of this section. The statement shall 659
indicate the total amount of contributions received and the total 660
amount of expenditures made during those combined reporting 661
periods.
(2) In the case of a successful candidate at a primary 663
election, if either the total contributions received by or the 665
total expenditures made by the candidate's campaign committee 666
during the preprimary, postprimary, pregeneral, and postgeneral 667
election periods combined equal more than five hundred dollars, 668
the campaign committee may file the statement under division
(H)(1) of this section only for the primary election. The first 669
statement that the campaign committee files in regard to the 670
general election shall reflect all contributions received and all 671
expenditures made during the preprimary and postprimary election 672
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 674
if a campaign committee receives contributions or makes 675
expenditures prior to the first day of January of the year of the 676
election at which the candidate seeks nomination or election to 678
18
office or if the campaign committee does not file a termination 679
statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its 680
postgeneral election statement in the case of other candidates. 681
(I) In the case of a contribution made by a partnership or 683
unincorporated business, all of the following apply: 684
(1) The recipient of the contribution shall report the 686
contribution by listing both the partnership or unincorporated 687
business and the name of the partner or owner making the 688
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 690
the contribution shall be considered to have been made by the 691
partner or owner reported under division (I)(1) of this section. 692
(3) No contribution from a partnership or unincorporated 694
business shall be accepted unless the recipient reports the 695
contribution under division (I)(1) of this section. 696
(J) A candidate shall have only one campaign committee at 698
any given time for all of the offices for which the person is a 699
candidate or holds office. 700
(K)(1) In addition to filing a designation of appointment 702
of a treasurer under division (D)(1) of this section, the 704
campaign committee of any candidate for an elected municipal 705
office that pays an annual amount of compensation of five 706
thousand dollars or less, the campaign committee of any candidate 707
for member of a board of education except member of the state 708
board of education, or the campaign committee of any candidate 709
for township trustee or township clerk may sign, under penalty of 710
election falsification, a certificate attesting that the 711
committee will not accept contributions during an election period 712
that exceed in the aggregate two thousand dollars from all 713
contributors and one hundred dollars from any one individual, and 714
that the campaign committee will not make expenditures during an 715
election period that exceed in the aggregate two thousand 716
dollars.
19
The certificate shall be on a form prescribed by the 718
secretary of state and shall be filed not later than ten days 719
after the candidate files a declaration of candidacy and 720
petition, a nominating petition, or a declaration of intent to be 722
a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of 724
this section, a campaign committee that files a certificate under 726
division (K)(1) of this section is not required to file the
statements required by division (A) of section 3517.10 of the 727
Revised Code.
(3) If, after filing a certificate under division (K)(1) 729
of this section, a campaign committee exceeds any of the 730
limitations described in that division during an election period, 732
the certificate is void and thereafter the campaign committee 733
shall file the statements required by division (A) of section 734
3517.10 of the Revised Code. If the campaign committee has not 735
previously filed a statement, then on the first statement the 736
campaign committee is required to file under division (A) of 737
section 3517.10 of the Revised Code after the committee's 738
certificate is void, the committee shall report all contributions 739
received and expenditures made from the time the candidate filed 740
the candidate's declaration of candidacy and petition, nominating 741
petition, or declaration of intent to be a write-in candidate. 742
(4) As used in division (K) of this section, "election 744
period" means the period of time beginning on the day a person 745
files a declaration of candidacy and petition, nominating 746
petition, or declaration of intent to be a write-in candidate 747
through the day of the election at which the person seeks 748
nomination to office if the person is not elected to office, or, 749
if the candidate was nominated in a primary election, the day of 751
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 755
political contributing entity that receives contributions from 756
the dues, membership fees, or other assessments of its members or 757
20
from its officers, shareholders, and employees may report the 758
aggregate amount of contributions received from those 759
contributors and the number of individuals making those 760
contributions, for each filing period identified under divisions 761
(A)(1), (2), and (3) of this section. Division (B)(4) of this 763
section applies to a political contributing entity with regard to 764
contributions it receives from all other contributors. 765
(M) This is an interim section effective until January 1, 768
2000.
Sec. 3517.105. (A)(1) As used in this section, "public 778
political advertising" means advertising to the general public 779
through a broadcasting station, newspaper, magazine, poster, yard 780
sign, or outdoor advertising facility, by direct mail, or by any 781
other means of advertising to the general public. 782
(2) For purposes of this section and section 3517.20 of 785
the Revised Code, a person is a member of a political action 786
committee if the person makes one or more contributions to that 788
political action committee, and a person is a member of a 789
political contributing entity if the person makes one or more
contributions to, or pays dues, membership fees, or other 790
assessments to, that political contributing entity. 792
(B)(1) Whenever a candidate, a campaign committee, a 794
political action committee or political contributing entity with 795
ten or more members, or a legislative campaign fund makes an 798
independent expenditure, or whenever a political action committee 799
or political contributing entity with fewer than ten members 801
makes an independent expenditure in excess of one hundred dollars 802
for a local candidate, in excess of two hundred fifty dollars for
a candidate for the office of member of the general assembly, or 803
in excess of five hundred dollars for a statewide candidate, for 804
the purpose of financing communications advocating the election 805
or defeat of an identified candidate or solicits without the 808
candidate's express consent a contribution for or against an 809
identified candidate through public political advertising, a 811
21
statement shall appear or be presented in a clear and conspicuous 812
manner in the advertising that does both of the following: 813
(a) Clearly indicates that the communication or public 817
political advertising is not authorized by the candidate or the 818
candidate's campaign committee;
(b) Clearly identifies the candidate, campaign committee, 821
political action committee, political contributing entity, or 822
legislative campaign fund that has paid for the communication or 823
public political advertising in accordance with section 3517.20 825
of the Revised Code. 826
(2)(a) Whenever any campaign committee, legislative 828
campaign fund, political action committee, political contributing 829
entity, or political party makes an independent expenditure in 831
support of or opposition to any candidate, the committee, entity, 833
fund, or party shall report the independent expenditure and 836
identify the candidate on a statement prescribed by the secretary 837
of state and filed by the committee, entity, fund, or political 838
party as part of its statement of contributions and expenditures 840
pursuant to division (A) of section 3517.10 and division (A) of 842
section 3517.11 of the Revised Code. 843
(b) Whenever any individual, partnership, or other entity, 846
except a corporation, labor organization, campaign committee, 847
legislative campaign fund, political action committee, political 848
contributing entity, or political party, makes one or more 849
independent expenditures in support of or opposition to any 850
candidate, the individual, partnership, or other entity shall 853
file with the secretary of state in the case of a statewide 854
candidate, or with the board of elections in the county in which 855
the candidate files the candidate's petitions for nomination or 856
election for district or local office, not later than the dates 857
specified in divisions (A)(1), (2), and (3) of section 3517.10 of 858
the Revised Code, and, except as otherwise provided in that 859
section, a statement itemizing all independent expenditures made 861
during the period since the close of business on the last day 862
22
reflected in the last previously filed such statement, if any. 863
The statement shall be made on a form prescribed by the secretary 864
of state, OR SHALL BE FILED BY ELECTRONIC MEANS OF TRANSMISSION 865
PURSUANT TO DIVISION (G) OF SECTION 3517.106 OF THE REVISED CODE 866
AS AUTHORIZED OR REQUIRED BY THAT DIVISION. THE STATEMENT shall 867
indicate the date and the amount of each independent expenditure 868
and the candidate on whose behalf it was made, and shall be made 869
under penalty of election falsification.
(C)(1) Whenever a corporation, labor organization, 871
campaign committee, political action committee with ten or more 872
members, or legislative campaign fund makes an independent 873
expenditure, or whenever a political action committee with fewer 874
than ten members makes an independent expenditure in excess of 875
one hundred dollars for a local ballot issue or question, or in
excess of five hundred dollars for a statewide ballot issue or 876
question, for the purpose of financing communications advocating 877
support of or opposition to an identified ballot issue or 878
question or solicits without the express consent of the ballot 879
issue committee a contribution for or against an identified
ballot issue or question through public political advertising, a 880
statement shall appear or be presented in a clear and conspicuous 881
manner in the advertising that does both of the following: 882
(a) Clearly indicates that the communication or public 884
political advertising is not authorized by the identified ballot 885
issue committee;
(b) Clearly identifies the corporation, labor 887
organization, campaign committee, legislative campaign fund, or 888
political action committee that has paid for the communication or 889
public political advertising in accordance with section 3517.20 890
of the Revised Code.
(2)(a) Whenever any corporation, labor organization, 892
campaign committee, legislative campaign fund, political party, 893
or political action committee makes an independent expenditure in 894
support of or opposition to any ballot issue or question, the 895
23
corporation or labor organization shall report the independent 896
expenditure in accordance with division (C) of section 3599.03 of 897
the Revised Code, and the campaign committee, fund, party, or 898
political action committee shall report the independent 899
expenditure and identify the ballot issue or question on a 900
statement prescribed by the secretary of state and filed by the 901
campaign committee, fund, political party, or political action 902
committee as part of its statement of contributions and
expenditures pursuant to division (A) of section 3517.10 and 903
division (A) of section 3517.11 of the Revised Code. 904
(b) Whenever any individual, partnership, or other entity, 906
except a corporation, labor organization, campaign committee, 907
legislative campaign fund, political action committee, or 909
political party, makes one or more independent expenditures in 910
excess of one hundred dollars in support of or opposition to any 911
ballot issue or question, the individual, partnership, or other
entity shall file with the secretary of state in the case of a 912
statewide ballot issue or question, or with the board of 913
elections in the county that certifies the issue or question for 914
placement on the ballot in the case of a district or local issue 915
or question, not later than the dates specified in division 916
(A)(1), (2), and (3) of section 3517.10 of the Revised Code, and,
except as otherwise provided in that section, a statement 918
itemizing all independent expenditures made during the period 919
since the close of business on the last day reflected in the last 921
previously filed such statement, if any. The statement shall be 922
made on a form prescribed by the secretary of state, OR SHALL BE 923
FILED BY ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO DIVISION 924
(G) OF SECTION 3517.106 OF THE REVISED CODE AS AUTHORIZED OR
REQUIRED BY THAT DIVISION. THE STATEMENT shall indicate the date 926
and the amount of each independent expenditure and the ballot
issue or question in support of or opposition to which it was 927
made, and shall be made under penalty of election falsification. 929
(3) No person, campaign committee, legislative campaign 931
24
fund, political action committee, corporation, labor 932
organization, or other organization or association shall use or 934
cause to be used a false or fictitious name in making an
independent expenditure in support of or opposition to any 935
candidate or any ballot issue or question. A name is false or 936
fictitious if the person, campaign committee, legislative 938
campaign fund, political action committee, corporation, labor 939
organization, or other organization or association does not 940
actually exist or operate, if the corporation, labor
organization, or other organization or association has failed to 941
file a fictitious name or other registration with the secretary 942
of state, if it is required to do so, or if the person, campaign 944
committee, legislative campaign fund, or political action 945
committee has failed to file a designation of the appointment of 946
a treasurer, if it is required to do so by division (D)(1) of 948
section 3517.10 of the Revised Code. 949
Sec. 3517.106. (A) AS USED IN THIS SECTION: 958
(1) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 961
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 962
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 963
WIDE WEB.
(2) "STATEWIDE OFFICE" MEANS ANY OF THE OFFICES OF 965
GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF STATE, AUDITOR OF 966
STATE, TREASURER OF STATE, ATTORNEY GENERAL, CHIEF JUSTICE OF THE 968
SUPREME COURT, JUSTICE OF THE SUPREME COURT, AND MEMBER OF THE 969
STATE BOARD OF EDUCATION.
(3) "ADDENDUM TO A STATEMENT" INCLUDES AN AMENDMENT OR 971
OTHER CORRECTION TO THAT STATEMENT. 972
(B) The secretary of state shall store on computer the 975
information contained in statements of contributions and 976
expenditures and monthly statements required to be filed under 977
section 3517.10 of the Revised Code AND IN STATEMENTS OF 978
INDEPENDENT EXPENDITURES REQUIRED TO BE FILED UNDER SECTION 979
3517.105 OF THE REVISED CODE by any of the following: 980
25
(1) The campaign committees of candidates for statewide 982
office; 983
(2) The political action committees and political 985
contributing entities described in division (A)(1) of section 987
3517.11 of the Revised Code; 989
(3) Legislative campaign funds; 991
(4) State political parties; 993
(5) INDIVIDUALS, PARTNERSHIPS, OR OTHER ENTITIES THAT MAKE 995
INDEPENDENT EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A 996
STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE OR QUESTION AND 998
THAT ARE REQUIRED TO FILE A STATEMENT OF INDEPENDENT EXPENDITURES 999
UNDER DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,001
REVISED CODE; 1,003
(6) The campaign committees of candidates for the office 1,005
of member of the general assembly. 1,007
(B)(C)(1) The secretary of state shall make available to 1,010
the campaign committees, political action committees, political 1,011
contributing entities, legislative campaign funds, and political 1,012
parties, INDIVIDUALS, PARTNERSHIPS, AND OTHER ENTITIES described 1,014
in division (A)(B) of this section, and to members of the news 1,015
media and other interested persons, for a reasonable fee, 1,016
computer programs THAT ARE compatible with the secretary of 1,017
state's method of storing the information contained in the 1,018
statements.
(2) The secretary of state shall make the information 1,020
required to be stored under division (A)(B) of this section 1,021
available on computer at the secretary of state's office so that, 1,023
to the maximum extent feasible, individuals may obtain at the 1,024
secretary of state's office any part or all of that information
for any given year, subject to the limitation expressed in 1,025
division (C)(D) of this section. 1,027
(C)(D) The secretary of state shall keep the information 1,029
stored on computer under division (A)(B) of this section for at 1,031
least six years.
26
(E)(1) ON AND AFTER JANUARY 1, 2000, THE CAMPAIGN 1,034
COMMITTEE OF EACH CANDIDATE FOR STATEWIDE OFFICE MAY FILE THE 1,035
STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE REVISED CODE BY 1,037
ELECTRONIC MEANS OF TRANSMISSION OR, IF THE TOTAL AMOUNT OF THE 1,038
CONTRIBUTIONS RECEIVED OR THE TOTAL AMOUNT OF THE EXPENDITURES 1,039
MADE BY THE CAMPAIGN COMMITTEE FOR THE APPLICABLE REPORTING 1,040
PERIOD AS SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE 1,042
REVISED CODE EXCEEDS TEN THOUSAND DOLLARS, SHALL FILE THOSE 1,043
STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION. WITHIN FIVE 1,044
BUSINESS DAYS AFTER THE FILING DEADLINE SPECIFIED IN DIVISION (A) 1,045
OF SECTION 3517.10 OF THE REVISED CODE FOR THE APPLICABLE 1,046
STATEMENT, THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO 1,047
THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF 1,048
THIS SECTION, THE CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL 1,049
STATEMENTS FILED BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR 1,050
STATEWIDE OFFICE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 1,051
UNDER DIVISION (E)(1) OF THIS SECTION OR SECTION 3517.10 OF THE 1,052
REVISED CODE. IF AN ELECTRONICALLY FILED STATEMENT IS FOUND TO 1,054
BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,055
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,056
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE CAMPAIGN 1,058
COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF TRANSMISSION ANY 1,059
ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY 1,061
TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE 1,062
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 1,063
WITHIN TEN BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A 1,064
CANDIDATE FOR STATEWIDE OFFICE FILES AN ADDENDUM TO THE STATEMENT 1,066
OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF
TRANSMISSION UNDER DIVISION (E)(1) OF THIS SECTION OR DIVISION 1,068
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY 1,069
OF STATE SHALL MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION 1,070
IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE TO THE 1,071
PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF THIS 1,072
SECTION.
27
(2) SUBJECT TO DIVISION (E)(3) OF THIS SECTION, ON AND 1,074
AFTER JANUARY 1, 2000, A POLITICAL ACTION COMMITTEE AND A 1,076
POLITICAL CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF 1,078
THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, AND A STATE POLITICAL 1,079
PARTY MAY FILE THE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF 1,080
THE REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION. IF A 1,083
STATEMENT IS FILED ELECTRONICALLY UNDER DIVISION (E)(2) OF THIS 1,084
SECTION, WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE 1,085
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 1,088
FOR THE APPLICABLE STATEMENT, THE SECRETARY OF STATE SHALL MAKE 1,089
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED 1,090
IN DIVISION (I) OF THIS SECTION, THE CONTRIBUTION AND EXPENDITURE 1,091
INFORMATION IN ALL STATEMENTS FILED BY A POLITICAL ACTION 1,092
COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,093
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, OR 1,094
A STATE POLITICAL PARTY BY ELECTRONIC OR OTHER MEANS OF 1,095
TRANSMISSION UNDER DIVISION (E)(2) OF THIS SECTION OR SECTION 1,096
3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,097
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE 1,098
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,099
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,101
CODE, THE POLITICAL ACTION COMMITTEE, POLITICAL CONTRIBUTING 1,103
ENTITY, LEGISLATIVE CAMPAIGN FUND, OR STATE POLITICAL PARTY SHALL 1,104
FILE BY ELECTRONIC MEANS OF TRANSMISSION ANY ADDENDUM TO THE 1,105
STATEMENT THAT PROVIDES THE INFORMATION NECESSARY TO COMPLETE OR 1,106
CORRECT THE STATEMENT OR, IF REQUIRED BY THE SECRETARY OF STATE 1,107
UNDER THAT DIVISION, AN AMENDED STATEMENT. WITHIN TEN BUSINESS 1,108
DAYS AFTER A POLITICAL ACTION COMMITTEE OR A POLITICAL 1,109
CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, 1,110
A LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY FILES AN 1,111
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 1,112
OR OTHER MEANS OF TRANSMISSION UNDER DIVISION (E)(2) OF THIS 1,114
SECTION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,115
CODE, THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND 1,116
28
EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT 1,117
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED 1,119
IN DIVISION (I) OF THIS SECTION.
(3) ON AND AFTER JANUARY 1, 2002, A POLITICAL ACTION 1,123
COMMITTEE AND A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,124
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, AND 1,125
A STATE POLITICAL PARTY SHALL FILE THE STATEMENTS PRESCRIBED BY 1,126
SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF 1,128
TRANSMISSION IF THE TOTAL AMOUNT OF THE CONTRIBUTIONS RECEIVED OR 1,130
THE TOTAL AMOUNT OF THE EXPENDITURES MADE BY THE POLITICAL ACTION 1,131
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 1,132
FUND, OR POLITICAL PARTY FOR THE APPLICABLE REPORTING PERIOD AS 1,133
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 1,136
EXCEEDS TEN THOUSAND DOLLARS. WITHIN FIVE BUSINESS DAYS AFTER 1,137
THE FILING DEADLINE SPECIFIED IN DIVISION (A) OF SECTION 3517.10 1,139
OF THE REVISED CODE FOR THE APPLICABLE STATEMENT, THE SECRETARY 1,141
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,142
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,143
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS FILED 1,144
BY A POLITICAL ACTION COMMITTEE OR A POLITICAL CONTRIBUTING 1,145
ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, A
LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY BY 1,146
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION (E)(3) 1,149
OF THIS SECTION OR SECTION 3517.10 OF THE REVISED CODE. IF AN
ELECTRONICALLY FILED STATEMENT IS FOUND TO BE INCOMPLETE OR 1,151
INACCURATE AFTER THE EXAMINATION OF THE STATEMENT FOR 1,152
COMPLETENESS AND ACCURACY PURSUANT TO DIVISION (B)(3)(a) OF 1,153
SECTION 3517.11 OF THE REVISED CODE, THE POLITICAL ACTION 1,155
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 1,156
FUND, OR STATE POLITICAL PARTY SHALL FILE BY ELECTRONIC MEANS OF 1,157
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 1,159
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 1,160
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 1,161
AMENDED STATEMENT. WITHIN TEN BUSINESS DAYS AFTER A POLITICAL
29
ACTION COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,163
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, OR 1,164
A STATE POLITICAL PARTY FILES AN ADDENDUM TO THE STATEMENT OR AN 1,165
AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 1,166
UNDER DIVISION (E)(3) OF THIS SECTION OR DIVISION (B)(3)(a) OF 1,168
SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL 1,169
MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM
OR AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,171
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION. 1,172
(F)(1)(a) SUBJECT TO DIVISION (F)(2)(a) OF THIS SECTION, 1,175
ON AND AFTER JANUARY 1, 2000, A CAMPAIGN COMMITTEE OF A CANDIDATE 1,177
FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY MAY FILE THE 1,178
STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE REVISED CODE BY 1,180
ELECTRONIC MEANS OF TRANSMISSION TO THE OFFICE OF THE SECRETARY 1,181
OF STATE. IF A STATEMENT IS FILED ELECTRONICALLY UNDER DIVISION 1,182
(F)(1)(a) OF THIS SECTION, WITHIN FIVE BUSINESS DAYS AFTER THE 1,184
FILING DEADLINE SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF 1,186
THE REVISED CODE FOR THE APPLICABLE STATEMENT, THE SECRETARY OF 1,188
STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,189
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,190
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS FILED 1,191
BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER 1,192
OF THE GENERAL ASSEMBLY BY ELECTRONIC OR OTHER MEANS OF
TRANSMISSION UNDER DIVISION (F)(1)(a) OF THIS SECTION OR SECTION 1,193
3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,195
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE 1,196
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,197
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,199
CODE, THE CAMPAIGN COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF 1,201
TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE ANY ADDENDUM 1,202
TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY TO 1,203
COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE 1,204
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT.
WITHIN TEN BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A 1,205
30
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY FILES 1,206
AN ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY 1,207
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION 1,209
(F)(1)(a) OF THIS SECTION OR DIVISION (B)(3)(a) OF SECTION 1,210
3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE 1,212
THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM OR
AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,214
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION. 1,215
(b) IF A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE 1,218
OF MEMBER OF THE GENERAL ASSEMBLY FILES A STATEMENT OF 1,219
CONTRIBUTIONS AND EXPENDITURES, AN ADDENDUM TO THE STATEMENT, OR 1,220
AN AMENDED STATEMENT ELECTRONICALLY PURSUANT TO DIVISION 1,221
(F)(1)(a) OF THIS SECTION, THE CAMPAIGN COMMITTEE SHALL FILE AS 1,222
PRESCRIBED BY SECTION 3517.10 OF THE REVISED CODE WITH THE
APPROPRIATE BOARD OF ELECTIONS SPECIFIED IN DIVISION (A)(2) OF 1,224
SECTION 3517.11 OF THE REVISED CODE A PRINTED VERSION OF THE 1,225
ELECTRONICALLY FILED STATEMENT, ADDENDUM, OR AMENDED STATEMENT IN 1,226
THE FORMAT THAT THE SECRETARY OF STATE SHALL PRESCRIBE. 1,227
(2)(a) ON AND AFTER JANUARY 1, 2002, A CAMPAIGN COMMITTEE 1,231
OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY 1,232
SHALL FILE THE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE 1,233
REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION TO THE OFFICE OF 1,235
THE SECRETARY OF STATE IF THE TOTAL AMOUNT OF THE CONTRIBUTIONS 1,236
RECEIVED OR THE TOTAL AMOUNT OF THE EXPENDITURES MADE BY THE 1,237
CAMPAIGN COMMITTEE FOR THE APPLICABLE REPORTING PERIOD AS 1,238
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 1,241
EXCEEDS TEN THOUSAND DOLLARS. WITHIN FIVE BUSINESS DAYS AFTER 1,242
THE FILING DEADLINE SPECIFIED IN DIVISION (A) OF SECTION 3517.10 1,244
OF THE REVISED CODE FOR THE APPLICABLE STATEMENT, THE SECRETARY 1,246
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,247
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,248
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS FILED 1,249
BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER 1,250
OF THE GENERAL ASSEMBLY BY ELECTRONIC OR OTHER MEANS OF
31
TRANSMISSION UNDER DIVISION (F)(2)(a) OF THIS SECTION OR SECTION 1,253
3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,254
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE 1,255
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,256
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,258
CODE, THE CAMPAIGN COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF 1,261
TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE ANY ADDENDUM 1,262
TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY TO 1,263
COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE 1,264
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 1,265
WITHIN TEN BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A 1,266
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY FILES 1,267
AN ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION 1,269
(F)(2)(a) OF THIS SECTION OR DIVISION (B)(3)(a) OF SECTION 1,271
3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE 1,272
THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM OR 1,274
AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,275
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION.
(b) THE CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE 1,278
OF MEMBER OF THE GENERAL ASSEMBLY THAT FILES A STATEMENT OF 1,279
CONTRIBUTIONS AND EXPENDITURES, AN ADDENDUM TO THE STATEMENT, OR 1,280
AN AMENDED STATEMENT BY ELECTRONIC MEANS OF TRANSMISSION UNDER 1,282
DIVISION (F)(2)(a) OF THIS SECTION SHALL FILE AS PRESCRIBED BY 1,283
SECTION 3517.10 OF THE REVISED CODE WITH THE APPROPRIATE BOARD OF
ELECTIONS SPECIFIED IN DIVISION (A)(2) OF SECTION 3517.11 OF THE 1,286
REVISED CODE A PRINTED VERSION OF THE ELECTRONICALLY FILED 1,288
STATEMENT, ADDENDUM, OR AMENDED STATEMENT IN THE FORMAT THAT THE 1,289
SECRETARY OF STATE SHALL PRESCRIBE.
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION, ON AND 1,292
AFTER JANUARY 1, 2000, ANY INDIVIDUAL, PARTNERSHIP, OR OTHER 1,294
ENTITY THAT MAKES INDEPENDENT EXPENDITURES IN SUPPORT OF OR
OPPOSITION TO A STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE 1,295
OR QUESTION AS PROVIDED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF 1,297
32
SECTION 3517.105 OF THE REVISED CODE MAY FILE THE STATEMENT 1,298
SPECIFIED IN THAT DIVISION BY ELECTRONIC MEANS OF TRANSMISSION. 1,300
WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE FOR THE 1,301
APPLICABLE STATEMENT AS PROVIDED IN DIVISION (B)(2)(b) OR 1,303
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE, THE SECRETARY 1,304
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,306
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,307
EXPENDITURE INFORMATION IN ALL STATEMENTS FILED BY AN INDIVIDUAL, 1,308
PARTNERSHIP, OR OTHER ENTITY BY ELECTRONIC OR OTHER MEANS OF 1,309
TRANSMISSION UNDER THIS DIVISION OR DIVISION (B)(2)(b) OR 1,312
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE. IF AN 1,314
ELECTRONICALLY FILED STATEMENT IS FOUND TO BE INCOMPLETE OR 1,315
INACCURATE AFTER THE EXAMINATION OF THE STATEMENT FOR 1,316
COMPLETENESS AND ACCURACY PURSUANT TO DIVISION (B)(3)(a) OF 1,317
SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, PARTNERSHIP, 1,320
OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF TRANSMISSION 1,321
ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION 1,322
NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY 1,323
THE SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 1,324
WITHIN TEN BUSINESS DAYS AFTER AN INDIVIDUAL, PARTNERSHIP, OR 1,325
OTHER ENTITY DESCRIBED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF 1,327
SECTION 3517.105 OF THE REVISED CODE FILES AN ADDENDUM TO THE 1,328
STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF 1,330
TRANSMISSION UNDER THIS DIVISION OR DIVISION (B)(3)(a) OF SECTION 1,331
3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE 1,334
THE EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT 1,335
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED 1,336
IN DIVISION (I) OF THIS SECTION. 1,337
(2) ON AND AFTER JANUARY 1, 2002, ANY INDIVIDUAL, 1,339
PARTNERSHIP, OR OTHER ENTITY THAT MAKES INDEPENDENT EXPENDITURES 1,341
IN SUPPORT OF OR OPPOSITION TO A STATEWIDE CANDIDATE OR A 1,342
STATEWIDE BALLOT ISSUE OR QUESTION AS PROVIDED IN DIVISION 1,343
(B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE 1,345
SHALL FILE THE STATEMENT SPECIFIED IN THAT DIVISION BY ELECTRONIC 1,346
33
MEANS OF TRANSMISSION IF THE TOTAL AMOUNT OF THE INDEPENDENT 1,347
EXPENDITURES MADE DURING THE REPORTING PERIOD UNDER THAT DIVISION 1,348
EXCEEDS TEN THOUSAND DOLLARS. WITHIN FIVE BUSINESS DAYS AFTER 1,350
THE FILING DEADLINE FOR THE APPLICABLE STATEMENT AS PROVIDED IN 1,351
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,353
REVISED CODE, THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE 1,355
TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) 1,357
OF THIS SECTION, THE EXPENDITURE INFORMATION IN ALL STATEMENTS 1,358
FILED BY AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY BY 1,359
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR 1,361
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,362
REVISED CODE. IF AN ELECTRONICALLY FILED STATEMENT IS FOUND TO 1,364
BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,365
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,366
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, 1,368
PARTNERSHIP, OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF 1,369
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 1,371
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 1,372
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 1,373
AMENDED STATEMENT. WITHIN TEN BUSINESS DAYS AFTER AN INDIVIDUAL, 1,374
PARTNERSHIP, OR OTHER ENTITY DESCRIBED IN DIVISION (B)(2)(b) OR 1,375
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE FILES AN 1,376
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 1,377
OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR DIVISION 1,378
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY 1,379
OF STATE SHALL MAKE THE EXPENDITURE INFORMATION IN THE ADDENDUM
OR AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,381
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION.
(H)(1) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 1,384
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE ONE OR MORE 1,387
TECHNIQUES BY WHICH A PERSON WHO EXECUTES AND TRANSMITS BY 1,388
ELECTRONIC MEANS A STATEMENT OF CONTRIBUTIONS AND EXPENDITURES, A 1,389
STATEMENT OF INDEPENDENT EXPENDITURES, AN ADDENDUM TO EITHER 1,390
STATEMENT, AN AMENDED STATEMENT OF CONTRIBUTIONS AND
34
EXPENDITURES, OR AN AMENDED STATEMENT OF INDEPENDENT EXPENDITURES 1,391
UNDER THIS SECTION OR SECTION 3517.10 OR 3517.105 OF THE REVISED 1,393
CODE SHALL ELECTRONICALLY SIGN THE STATEMENT, ADDENDUM, OR 1,395
AMENDED STATEMENT. ANY TECHNIQUE PRESCRIBED BY THE SECRETARY OF 1,396
STATE PURSUANT TO DIVISION (H)(1) OF THIS SECTION SHALL CREATE AN 1,397
ELECTRONIC SIGNATURE THAT SATISFIES ALL OF THE FOLLOWING:
(a) IT IS UNIQUE TO THE SIGNER. 1,399
(b) IT OBJECTIVELY IDENTIFIES THE SIGNER. 1,401
(c) IT INVOLVES THE USE OF A SIGNATURE DEVICE OR OTHER 1,403
MEANS OR METHOD THAT IS UNDER THE SOLE CONTROL OF THE SIGNER AND 1,404
THAT CANNOT BE READILY DUPLICATED OR COMPROMISED. 1,405
(d) IT IS CREATED AND LINKED TO THE ELECTRONIC RECORD TO 1,407
WHICH IT RELATES IN A MANNER THAT, IF THE RECORD OR SIGNATURE IS 1,408
INTENTIONALLY OR UNINTENTIONALLY CHANGED AFTER SIGNING, THE 1,410
ELECTRONIC SIGNATURE IS INVALIDATED.
(2) AN ELECTRONIC SIGNATURE PRESCRIBED BY THE SECRETARY OF 1,412
STATE UNDER DIVISION (H)(1) OF THIS SECTION SHALL BE ATTACHED TO 1,415
OR ASSOCIATED WITH THE STATEMENT OF CONTRIBUTIONS AND 1,416
EXPENDITURES, THE STATEMENT OF INDEPENDENT EXPENDITURES, THE 1,417
ADDENDUM TO EITHER STATEMENT, THE AMENDED STATEMENT OF
CONTRIBUTIONS AND EXPENDITURES, OR THE AMENDED STATEMENT OF 1,418
INDEPENDENT EXPENDITURES THAT IS EXECUTED AND TRANSMITTED BY 1,420
ELECTRONIC MEANS BY THE PERSON TO WHOM THE ELECTRONIC SIGNATURE 1,421
IS ATTRIBUTED. THE ELECTRONIC SIGNATURE THAT IS ATTACHED TO OR 1,422
ASSOCIATED WITH THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT 1,423
UNDER DIVISION (H)(2) OF THIS SECTION SHALL BE BINDING ON ALL 1,424
PERSONS AND FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING 1,425
LAW AS IF THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED 1,426
FORM OF THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT. 1,427
(I) THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND 1,429
EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL ADDENDA TO THE 1,430
STATEMENTS, AND ALL AMENDED STATEMENTS THAT ARE FILED WITH THE 1,431
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 1,432
UNDER THIS SECTION OR SECTION 3517.10, 3517.105, OR 3517.11 OF 1,433
35
THE REVISED CODE AVAILABLE ONLINE TO THE PUBLIC BY ANY MEANS THAT 1,434
ARE SEARCHABLE, VIEWABLE, AND ACCESSIBLE THROUGH THE INTERNET. 1,435
Sec. 3517.11. (A)(1) Campaign committees of candidates 1,444
for statewide offices or the state board of education, political 1,445
action committees or political contributing entities that make 1,446
contributions to campaign committees of candidates that are 1,448
required to file the statements prescribed by section 3517.10 of 1,449
the Revised Code with the secretary of state, political action 1,450
committees or political contributing entities that make 1,451
contributions to campaign committees of candidates for member of 1,452
the general assembly, political action committees or political 1,453
contributing entities that make contributions to state and 1,454
national political parties and to legislative campaign funds, 1,456
political action committees or political contributing entities
that receive contributions or make expenditures in connection 1,458
with a statewide ballot issue, political action committees or 1,459
political contributing entities that make contributions to other 1,461
political action committees or political contributing entities, 1,462
political parties, and campaign committees, except as set forth 1,463
in division (A)(3) of this section, legislative campaign funds, 1,464
and state and national political parties shall file the 1,466
statements prescribed by section 3517.10 of the Revised Code with 1,467
the secretary of state.
(2) Campaign SUBJECT TO DIVISION (F) OF SECTION 3517.106 1,469
OF THE REVISED CODE, CAMPAIGN committees of candidates for all 1,470
other offices shall file the statements prescribed by section 1,471
3517.10 of the Revised Code with the board of elections where 1,472
their candidates are required to file their petitions or other 1,473
papers for nomination or election. 1,474
(3) Political action committees or political contributing 1,476
entities that only contribute to a county political party, 1,478
contribute to campaign committees of candidates whose nomination 1,479
or election is to be submitted only to electors within a county, 1,480
subdivision, or district, excluding candidates for member of the 1,481
36
general assembly, and receive contributions or make expenditures 1,482
in connection with ballot questions or issues to be submitted 1,483
only to electors within a county, subdivision, or district, shall 1,484
file the statements prescribed by section 3517.10 of the Revised 1,485
Code with the board of elections in that county or in the county 1,486
contained in whole or part within the subdivision or district 1,487
having a population greater than that of any other county 1,488
contained in whole or part within that subdivision or district, 1,489
as the case may be.
(4) County political parties shall file the statements 1,491
prescribed by section 3517.10 of the Revised Code with the board 1,492
of elections of their respective counties. 1,493
(B)(1) The official with whom petitions and other papers 1,495
for nomination or election to public office are filed shall 1,496
furnish each candidate at the time of that filing a copy of 1,497
sections 3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 1,499
3599.03, and 3599.031 of the Revised Code and any other materials 1,500
that the secretary of state may require. Each candidate 1,501
receiving the materials shall acknowledge their receipt in 1,502
writing. Each board of elections shall send a copy of each
statement, addendum, amendment, or other correction to a 1,503
statement filed with or received by it for a candidate for member 1,504
of the general assembly to the secretary of state not later than 1,505
two business days after the statement, addendum, amendment, or 1,506
other correction is filed with or received by the board, EXCEPT 1,507
WHEN THE STATEMENT, ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO 1,508
THE STATEMENT IS ELECTRONICALLY FILED WITH THE SECRETARY OF STATE 1,509
PURSUANT TO SECTION 3517.106 OF THE REVISED CODE.
(2) On or before the tenth day before the dates on which 1,511
statements are required to be filed by section 3517.10 of the 1,512
Revised Code, every candidate subject to the provisions of this 1,513
section and section SECTIONS 3517.10 AND 3517.106 of the Revised 1,515
Code shall be notified of the requirements and applicable 1,517
penalties of those sections. The secretary of state, by certified 1,518
37
mail with, return receipt requested, shall notify all candidates 1,520
required to file those statements with the secretary of state's 1,521
office. The board of elections of every county shall notify by 1,523
first class mail any candidate who has personally appeared at the 1,524
office of the board on or before the tenth day before the 1,525
statements are required to be filed and signed a form, to be 1,527
provided by the secretary of state, attesting that the candidate 1,528
has been notified of the candidate's obligations under the 1,529
campaign finance REPORTING law. The board shall forward the 1,530
completed form to the secretary of state. The board shall use 1,532
certified mail with, return receipt requested, to notify all 1,533
other candidates required to file those statements with it. 1,534
(3)(a) Any statement required to be filed under sections 1,536
3517.081 to 3517.17 of the Revised Code that is found to be 1,538
incomplete or inaccurate by the officer to whom it is submitted
shall be accepted on a conditional basis, and the person who 1,539
filed it shall be notified by certified mail as to the incomplete 1,540
or inaccurate nature of the statement. The secretary of state 1,541
may examine statements filed for candidates for the office of 1,542
member of the general assembly for completeness and accuracy. ON 1,543
AND AFTER JANUARY 1, 2000, THE SECRETARY OF STATE SHALL EXAMINE 1,544
FOR COMPLETENESS AND ACCURACY STATEMENTS THAT ARE ELECTRONICALLY 1,546
FILED BY CAMPAIGN COMMITTEES OF CANDIDATES FOR THE OFFICE OF 1,547
MEMBER OF THE GENERAL ASSEMBLY PURSUANT TO SECTION 3517.106 OF 1,548
THE REVISED CODE. If an officer at the board of elections where 1,549
a statement of that type was submitted finds the statement to be 1,550
incomplete or inaccurate, the officer shall immediately notify 1,551
the secretary of state of its incomplete or inaccurate nature. 1,553
If either an officer at the board of elections or the secretary 1,554
of state finds a statement of that type to be incomplete or 1,555
inaccurate, only the secretary of state shall send the 1,556
notification as to the incomplete or inaccurate nature of the 1,557
statement. Within twenty-one days after receipt of THE notice, 1,559
in the case of a pre-election PREELECTION statement, a 1,560
38
postelection statement, a monthly statement, or an annual 1,561
statement prescribed by section 3517.10, an annual statement 1,562
prescribed by section 3517.101, or a statement prescribed by 1,564
division (B)(2)(b) or (D)(C)(2)(b) of section 3517.105 or section 1,566
3517.107 of the Revised Code, the recipient shall file an 1,569
addendum, AMENDMENT, OR OTHER CORRECTION to the statement 1,570
providing the information necessary to complete or correct the 1,571
statement. THE SECRETARY OF STATE MAY REQUIRE THAT, IN LIEU OF 1,572
FILING AN ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT 1,573
THAT IS FILED BY ELECTRONIC MEANS OF TRANSMISSION TO THE OFFICE 1,574
OF THE SECRETARY OF STATE PURSUANT TO SECTION 3517.106 OF THE 1,576
REVISED CODE, THE RECIPIENT OF THE NOTICE DESCRIBED IN DIVISION 1,577
(B)(3)(a) OF THIS SECTION FILE BY ELECTRONIC MEANS OF 1,578
TRANSMISSION AN AMENDED STATEMENT THAT INCORPORATES THE 1,579
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT. The 1,581
secretary of state shall determine by rule when an addendum,
AMENDMENT, OR OTHER CORRECTION to a two-business-day statement 1,583
prescribed by section 3517.10 of the Revised Code OR AN AMENDED 1,584
TWO-BUSINESS-DAY STATEMENT shall be filed. AN ADDENDUM, 1,585
AMENDMENT, OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY 1,586
ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO SECTION 3517.106 OF 1,587
THE REVISED CODE SHALL BE FILED IN THE SAME MANNER AS THE
STATEMENT. THE PROVISIONS OF SECTIONS 3517.10 AND 3517.106 OF 1,588
THE REVISED CODE PERTAINING TO THE ELECTRONIC FILING OF 1,589
STATEMENTS OF CONTRIBUTIONS AND EXPENDITURES AND STATEMENTS OF 1,590
INDEPENDENT EXPENDITURES APPLY TO THE ELECTRONIC FILING OF 1,591
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO THOSE STATEMENTS AND 1,592
THE ELECTRONIC FILING OF AMENDED STATEMENTS.
(b) WITHIN TEN BUSINESS DAYS AFTER THE FILING WITH THE 1,594
SECRETARY OF STATE, BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, 1,595
OF AN ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT OR 1,596
OF AN AMENDED STATEMENT UNDER DIVISION (B)(3)(a) OF THIS SECTION, 1,597
THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), (F), (G), AND 1,598
(I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL MAKE THE 1,599
39
CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT ADDENDUM, 1,601
AMENDMENT, CORRECTION, OR AMENDED STATEMENT AVAILABLE ONLINE TO
THE PUBLIC THROUGH THE INTERNET. AS USED IN DIVISION (B)(3)(b) 1,603
OF THIS SECTION, "INTERNET" HAS THE SAME MEANING AS IN SECTION 1,604
3517.106 OF THE REVISED CODE.
(4)(a) The secretary of state or the board of elections 1,607
shall examine all statements for compliance with sections 3517.08 1,608
to 3517.17 of the Revised Code. 1,609
(b) The secretary of state may contract with an individual 1,611
or entity not associated with the secretary of state and 1,613
experienced in interpreting the campaign finance reporting law of 1,614
this state to conduct examinations of statements filed by any 1,615
statewide candidate, as this term is defined in section 3517.103 1,616
of the Revised Code. 1,617
(c) The examination shall be conducted by a person or 1,620
entity qualified to conduct it. The results of the examination 1,621
shall be available to the public, and, when the examination is 1,622
conducted by an individual or entity not associated with the 1,624
secretary of state, the results of the examination shall be 1,625
reported to the secretary of state.
(C)(1) In the event of a failure to file or a late filing 1,627
of a statement required to be filed under sections 3517.081 to 1,628
3517.17 of the Revised Code or if a filed statement or any 1,629
addendum to the statement, if an addendum is required to be 1,630
filed, is incomplete or inaccurate, or appears to disclose a 1,631
failure to comply with or a violation of law, the official whose 1,633
duty it is to examine the statement shall promptly file a 1,634
complaint with the Ohio elections commission under section 1,636
3517.153 of the Revised Code if the law is one over which the
commission has jurisdiction to hear complaints, or the official 1,638
shall promptly report the failure or violation to the board of 1,640
elections and the board shall promptly report it to the 1,641
prosecuting attorney in accordance with division (J) of section 1,642
3501.11 of the Revised Code. If the official files a complaint 1,643
40
with the commission, the commission shall proceed in accordance 1,644
with sections 3517.154 to 3517.157 of the Revised Code. 1,645
(2) For purposes of division (C)(1) of this section, a 1,647
statement or an addendum to a statement required to be filed 1,649
under sections 3517.081 to 3517.17 of the Revised Code is 1,651
incomplete or inaccurate under this section if the statement or 1,652
addendum fails to disclose substantially all contributions that 1,653
are received from a source and that are required to be reported 1,654
under sections 3517.10, 3517.107, and 3517.108 of the Revised 1,656
Code or if the statement or addendum fails to disclose at least 1,658
ninety per cent of the total contributions received or of the 1,659
total expenditures made during the reporting period. 1,660
(D) No certificate of nomination or election shall be 1,662
issued to a person, and no person elected to an office shall 1,664
enter upon the performance of the duties of that office, until 1,665
that person or that person's campaign committee, as appropriate, 1,668
has fully complied with this section and sections 3517.08, 1,670
3517.081, 3517.10, and 3517.13 of the Revised Code.
Section 2. That existing sections 3517.10, 3517.105, 1,672
3517.106, and 3517.11 of the Revised Code are hereby repealed. 1,673
Section 3. That section 3517.10 of the Revised Code, as 1,675
amended by Am. Sub. S.B. 134 of the 122nd General Assembly, be 1,676
amended to read as follows:
Sec. 3517.10. (A) Except as otherwise provided in this 1,685
division, every campaign committee, political action committee, 1,686
legislative campaign fund, political party, and political 1,687
contributing entity that made or received a contribution or made 1,688
an expenditure in connection with the nomination or election of 1,689
any candidate or in connection with any ballot issue or question 1,690
at any election held or to be held in this state shall file, on a 1,691
form prescribed under this section OR BY ELECTRONIC MEANS OF 1,692
TRANSMISSION AS PROVIDED IN THIS SECTION AND SECTION 3517.106 OF 1,693
THE REVISED CODE, a full, true, and itemized statement, made 1,695
under penalty of election falsification, setting forth in detail 1,696
41
the contributions and expenditures, no later than four p.m. of 1,697
the following dates:
(1) The twelfth day before the election to reflect 1,699
contributions received and expenditures made from the close of 1,700
business on the last day reflected in the last previously filed 1,701
statement, if any, to the close of business on the twentieth day 1,702
before the election; 1,703
(2) The thirty-eighth day after the election to reflect 1,705
the contributions received and expenditures made from the close 1,706
of business on the last day reflected in the last previously 1,707
filed statement, if any, to the close of business on the seventh 1,708
day before the filing of the statement; 1,709
(3) The last business day of January of every year to 1,711
reflect the contributions received and expenditures made from the 1,712
close of business on the last day reflected in the last 1,713
previously filed statement, if any, to the close of business on 1,714
the last day of December of the previous year. 1,715
A campaign committee shall only be required to file the 1,717
statements prescribed under divisions (A)(1) and (2) of this 1,718
section in connection with the nomination or election of the 1,719
committee's candidate. 1,720
The statement required under division (A)(1) of this 1,722
section shall not be required of any campaign committee, 1,723
political action committee, legislative campaign fund, political 1,725
party, or political contributing entity that has received 1,727
contributions of less than one thousand dollars and has made 1,728
expenditures of less than one thousand dollars at the close of 1,729
business on the twentieth day before the election. Those 1,730
contributions and expenditures shall be reported in the statement 1,731
required under division (A)(2) of this section. 1,732
If an election to select candidates to appear on the 1,734
general election ballot is held within sixty days before a 1,735
general election, the campaign committee of a successful 1,736
candidate in the earlier election may file the statement required 1,737
42
by division (A)(1) of this section for the general election 1,738
instead of the statement required by division (A)(2) of this 1,739
section for the earlier election if the pregeneral election 1,741
statement reflects the status of contributions and expenditures 1,742
for the period twenty days before the earlier election to twenty 1,743
days before the general election. 1,744
If a person becomes a candidate less than twenty days 1,746
before an election, the candidate's campaign committee is not 1,747
required to file the statement required by division (A)(1) of 1,749
this section.
No statement under division (A)(3) of this section shall be 1,751
required for any year in which a campaign committee, political 1,752
action committee, legislative campaign fund, political party, or 1,754
political contributing entity is required to file a postgeneral 1,755
election statement under division (A)(2) of this section. 1,758
However, such a statement may be filed, at the option of the 1,759
campaign committee, political action committee, legislative 1,760
campaign fund, political party, or political contributing entity. 1,761
No statement under division (A)(3) of this section shall be 1,763
required if the campaign committee, political action committee, 1,764
legislative campaign fund, political party, or political 1,765
contributing entity has no contributions that it has received and 1,767
no expenditures that it has made since the last date reflected in 1,769
its last previously filed statement. However, the campaign 1,770
committee, political action committee, legislative campaign fund, 1,772
political party, or political contributing entity shall file a 1,773
statement to that effect, on a form prescribed under this section 1,775
and made under penalty of election falsification, on the date 1,776
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 1,779
a monthly statement of contributions received during each of the 1,780
months of July, August, and September in the year of the general 1,782
election in which the candidate seeks office. The campaign 1,783
committee of a statewide candidate shall file the monthly 1,784
43
statement not later than three business days after the last day 1,785
of the month covered by the statement. During the period 1,787
beginning on the nineteenth day before the general election in 1,788
which a statewide candidate seeks election to office and 1,789
extending through the day of that general election, each time the 1,790
campaign committee of the joint candidates for the offices of 1,791
governor and lieutenant governor or of a candidate for the office 1,792
of secretary of state, auditor of state, treasurer of state, or 1,793
attorney general receives a contribution from a contributor that 1,794
causes the aggregate amount of contributions received from that 1,795
contributor during that period to equal or exceed two thousand 1,796
five hundred dollars and each time the campaign committee of a 1,798
candidate for the office of chief justice or justice of the 1,799
supreme court receives a contribution from a contributor that 1,800
causes the aggregate amount of contributions received from that 1,801
contributor during that period to exceed five hundred dollars, 1,802
the campaign committee shall file a two-business-day statement 1,803
reflecting that contribution. The two-business-day statement 1,805
shall be filed not later than two business days after receipt of 1,806
the contribution. The statements required by this paragraph 1,807
shall be filed in addition to any other statements required by 1,808
this section.
A CAMPAIGN COMMITTEE OF A STATEWIDE CANDIDATE SHALL FILE A 1,811
TWO-BUSINESS-DAY STATEMENT UNDER THE PRECEDING PARAGRAPH BY 1,813
ELECTRONIC MEANS OF TRANSMISSION IF THE CAMPAIGN COMMITTEE IS 1,815
REQUIRED TO FILE A PREELECTION, POSTELECTION, OR MONTHLY 1,816
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES BY ELECTRONIC MEANS 1,817
OF TRANSMISSION UNDER THIS SECTION OR SECTION 3517.106 OF THE 1,818
REVISED CODE. 1,819
If a campaign committee or political action committee has 1,821
no balance on hand and no outstanding obligations and desires to 1,822
terminate itself, it shall file a statement to that effect, on a 1,823
form prescribed under this section and made under penalty of 1,824
election falsification, with the official with whom it files a 1,825
44
statement under division (A) of this section after filing a final 1,826
statement of contributions and a final statement of expenditures, 1,827
if contributions have been received or expenditures made since 1,828
the period reflected in its last previously filed statement. 1,829
(B) Except as otherwise provided in division (C)(7) of 1,831
this section, each statement required by division (A) of this 1,832
section shall contain the following information: 1,833
(1) The full name and address of each campaign committee, 1,835
political action committee, legislative campaign fund, political 1,837
party, or political contributing entity, including any treasurer 1,838
of the committee, fund, party, or entity, filing a contribution 1,839
and expenditure statement; 1,840
(2)(a) In the case of a campaign committee, the 1,842
candidate's full name and address; 1,843
(b) In the case of a political action committee, the 1,845
registration number assigned to the committee under division 1,847
(D)(1) of this section. 1,848
(3) The date of the election and whether it was or will be 1,850
a general, primary, or special election; 1,851
(4) A statement of contributions received, which shall 1,853
include THE FOLLOWING INFORMATION: 1,854
(a) The month, day, and year of the contribution; 1,856
(b)(i) The full name and address of each person, political 1,859
party, campaign committee, legislative campaign fund, political 1,860
action committee, or political contributing entity from whom 1,861
contributions are received and the registration number assigned 1,863
to the political action committee under division (D)(1) of this 1,864
section. The requirement of filing the full address does not 1,865
apply to any statement filed by a state or local committee of a 1,867
political party, to a finance committee of such committee, or to 1,869
a committee recognized by a state or local committee as its 1,870
fund-raising auxiliary. Notwithstanding division (F)(1) of this 1,871
section, the requirement of filing the full address shall be 1,873
considered as being met if the address filed is the same address 1,874
45
the contributor provided under division (E)(1) of this section. 1,876
(ii) If a campaign committee of a statewide candidate or 1,878
candidate for the office of member of the general assembly 1,879
receives a contribution from an individual that exceeds one 1,881
hundred dollars, the name of the individual's current employer, 1,882
if any, or, if the individual is self-employed, the individual's 1,884
occupation;
(iii) If a campaign committee of a statewide candidate or 1,886
candidate for the office of member of the general assembly 1,887
receives a contribution transmitted pursuant to section 3599.031 1,889
of the Revised Code from amounts deducted from the wages and 1,890
salaries of two or more employees that exceeds in the aggregate 1,892
one hundred dollars during any one filing period under division 1,894
(A)(1), (2), or (3) of this section, the full name of the 1,895
employees' employer and the full name of the labor organization 1,896
of which the employees are members, if any. 1,898
(c) A description of the contribution received, if other 1,900
than money; 1,901
(d) The value in dollars and cents of the contribution; 1,903
(e) A separately itemized account of all contributions and 1,905
expenditures regardless of the amount, except a receipt of a 1,907
contribution from a person in the sum of twenty-five dollars or 1,908
less at one social or fund-raising activity and a receipt of a 1,909
contribution transmitted pursuant to section 3599.031 of the 1,910
Revised Code from amounts deducted from the wages and salaries of 1,911
employees if the contribution from the amount deducted from the 1,912
wages and salary of any one employee is twenty-five dollars or 1,913
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 1,914
include a description of and the value of each in-kind 1,915
contribution received at that activity from any person who made 1,916
one or more such contributions whose aggregate value exceeded two 1,917
hundred fifty dollars and shall be listed separately, together 1,918
with the expenses incurred and paid in connection with that 1,919
46
activity. A campaign committee, political action committee, 1,920
legislative campaign fund, political party, or political 1,921
contributing entity shall keep records of contributions from each 1,922
person in the amount of twenty-five dollars or less at one social 1,923
or fund-raising activity and contributions from amounts deducted 1,924
under section 3599.031 of the Revised Code from the wages and 1,925
salary of each employee in the amount of twenty-five dollars or 1,926
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 1,928
party as an auxiliary of the party and that makes a contribution 1,929
from funds derived solely from regular dues paid by members of 1,930
the auxiliary shall be required to list the name or address of 1,931
any members who paid those dues.
Contributions that are other income shall be itemized 1,933
separately from all other contributions. The information 1,934
required under division (B)(4) of this section shall be provided 1,936
for all other income itemized. As used in this paragraph, "other 1,937
income" means a loan, investment income, or interest income. 1,938
(f) In the case of a campaign committee of a state elected 1,941
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 1,943
to the campaign committee of that officer, the information 1,944
required under division (B)(4) of this section in regard to that 1,945
contribution, which shall be filed together with and considered a 1,946
part of the committee's statement of contributions as required 1,947
under division (A) of this section but shall be filed on a 1,949
separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: 1,950
(i) "State elected officer" has the same meaning as in 1,953
section 3517.092 of the Revised Code. 1,954
(ii) "Person doing business" means a person or an officer 1,957
of an entity who enters into one or more contracts with a state 1,958
elected officer or anyone authorized to enter into contracts on 1,959
behalf of that officer to receive payments for goods or services, 1,960
47
if the payments total, in the aggregate, more than five thousand 1,961
dollars during a calendar year. 1,962
(5) A statement of expenditures which shall include THE 1,964
FOLLOWING INFORMATION: 1,965
(a) The month, day, and year of the expenditure; 1,967
(b) The full name and address of each person, political 1,969
party, campaign committee, legislative campaign fund, political 1,970
action committee, or political contributing entity to whom the 1,971
expenditure was made and the registration number assigned to the 1,973
political action committee under division (D)(1) of this section; 1,974
(c) The object or purpose for which the expenditure was 1,976
made; 1,977
(d) The amount of each expenditure. 1,979
(C)(1) The statement of contributions and expenditures 1,981
shall be signed by the person completing the form. IF A 1,982
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES IS ELECTRONICALLY 1,983
FILED PURSUANT TO THIS SECTION OR SECTION 3517.106 OF THE REVISED 1,984
CODE, THE ELECTRONIC SIGNATURE OF THE PERSON WHO EXECUTES THE 1,985
STATEMENT AND TRANSMITS THE STATEMENT ELECTRONICALLY, AS PROVIDED 1,986
IN DIVISION (H) OF SECTION 3517.106 OF THE REVISED CODE, SHALL BE 1,987
ATTACHED TO OR ASSOCIATED WITH THE STATEMENT AND SHALL BE BINDING 1,988
FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS IF 1,989
THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM. 1,990
(2) The person filing the statement shall, under penalty 1,992
of election falsification, SHALL include with it a list of each 1,993
anonymous contribution, the circumstances under which it was 1,994
received, and the reason it cannot be attributed to a specific 1,995
donor.
(3) Each statement of a campaign committee of a candidate 1,997
who holds public office shall contain a designation of each 1,998
contributor who is an employee in any unit or department under 1,999
the candidate's direct supervision and control. In a space 2,000
provided in the statement, the person filing the statement shall 2,001
affirm that each such contribution was voluntarily made. 2,002
48
(4) A campaign committee that did not receive 2,004
contributions or make expenditures in connection with the 2,006
nomination or election of its candidate shall file a statement to 2,007
that effect, on a form prescribed under this section and made 2,008
under penalty of election falsification, on the date required in 2,009
division (A)(2) of this section. 2,010
(5) The campaign committee of any person who attempts to 2,012
become a candidate and who, for any reason, does not become 2,013
certified in accordance with Title XXXV of the Revised Code for 2,014
placement on the official ballot of a primary, general, or 2,015
special election to be held in this state, and who, at any time 2,016
prior to or after an election, receives contributions or makes 2,017
expenditures, or has given consent for another to receive 2,018
contributions or make expenditures, for the purpose of bringing 2,019
about the person's nomination or election to public office, shall 2,020
file the statement or statements prescribed by this section and a 2,021
termination statement, if applicable. This paragraph does not 2,022
apply to any person with respect to an election to the offices of 2,023
member of a county or state central committee, presidential 2,024
elector, or delegate to a national convention or conference of a 2,025
political party. 2,026
(6)(a) The statements required to be filed under this 2,028
section shall specify the balance in the hands of the campaign 2,030
committee, political action committee, legislative campaign fund, 2,031
political party, or political contributing entity and the 2,032
disposition intended to be made of that balance. 2,033
(b) The SECRETARY OF STATE SHALL PRESCRIBE THE form for 2,035
all statements required to be filed under this section shall be 2,037
prescribed by the secretary of state, and furnished SHALL FURNISH 2,039
THE FORMS to the boards of elections in the several counties, and 2,040
the. THE boards of elections shall supply printed copies of 2,041
those forms without charge. The secretary of state may require 2,042
that SHALL PRESCRIBE THE APPROPRIATE METHODOLOGY, PROTOCOL, AND 2,043
DATA FILE STRUCTURE FOR THE ELECTRONIC TRANSMISSION OF STATEMENTS 2,045
49
REQUIRED OR PERMITTED TO BE FILED ELECTRONICALLY UNDER DIVISION 2,046
(A) OF THIS SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 2,048
3517.106 OF THE REVISED CODE. SUBJECT TO DIVISION (A) OF THIS 2,049
SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 OF 2,051
THE REVISED CODE, the statements required to be stored on 2,053
computer by the secretary of state under divisions (A)(1) to (4) 2,055
DIVISION (B) of section 3517.106 of the Revised Code SHALL be 2,056
filed in whatever format the secretary of state considers 2,057
necessary so that TO ENABLE the secretary of state may TO store 2,059
the information contained in the statements on computer. Any 2,060
such format shall be of a type and nature that is readily 2,061
available to whoever is required to file the statements in that 2,062
format.
(7) Each monthly statement and each two-business-day 2,064
statement required by division (A) of this section shall contain 2,066
the information required by divisions (B)(1) to (4), (C)(2), and, 2,068
if appropriate, (C)(3) of this section. Each statement shall be 2,070
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 2,072
expenditure, every campaign committee, political action 2,073
committee, legislative campaign fund, political party, or 2,074
political contributing entity shall appoint a treasurer and shall 2,075
file, on a form prescribed by the secretary of state, a 2,076
designation of that appointment, including the full name and 2,078
address of the treasurer and of the campaign committee, political 2,079
action committee, legislative campaign fund, political party, or 2,081
political contributing entity. That designation shall be filed 2,082
with the official with whom the campaign committee, political 2,083
action committee, legislative campaign fund, political party, or 2,084
political contributing entity is required to file statements 2,085
under section 3517.11 of the Revised Code. The name of a 2,086
campaign committee shall include at least the last name of the
campaign committee's candidate. The secretary of state shall 2,087
assign a registration number to each political action committee 2,089
50
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 2,091
is required by division (A)(1) of section 3517.11 of the Revised 2,093
Code to file the statements prescribed by this section with the 2,095
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 2,097
section shall keep a strict account of all contributions, from 2,099
whom received and the purpose for which they were disbursed. 2,100
(3)(a) Except as otherwise provided in section 3517.108 of 2,102
the Revised Code, a campaign committee shall deposit all monetary 2,103
contributions received by the committee into an account separate 2,105
from a personal or business account of the candidate or campaign 2,106
committee.
(b) A political action committee shall deposit all 2,109
monetary contributions received by the committee into an account 2,110
separate from all other funds.
(c) A state or county political party may establish a 2,113
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 2,114
fund under section 3517.17 of the Revised Code and from all other 2,116
funds. A state or county political party may deposit into its 2,117
state candidate fund any amounts of monetary contributions that 2,118
are made to or accepted by the political party subject to the 2,119
applicable limitations, if any, prescribed in section 3517.102 of 2,120
the Revised Code. A state or county political party shall 2,122
deposit all other monetary contributions received by the party 2,123
into one or more accounts that are separate from its state 2,124
candidate fund and from its account that contains the public 2,125
moneys received from the Ohio political party fund under section 2,126
3517.17 of the Revised Code.
(d) Each state political party shall have only one 2,128
legislative campaign fund for each house of the general assembly. 2,129
Each such fund shall be separate from any other funds or accounts 2,130
of that state party. A legislative campaign fund is authorized 2,131
51
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 2,132
of that political party to the house of the general assembly with 2,133
which that legislative campaign fund is associated. Each 2,134
legislative campaign fund shall be administered and controlled in 2,135
a manner designated by the caucus. As used in division (D)(3)(d) 2,136
of this section, "caucus" has the same meaning as in section 2,137
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 2,138
the caucus is associated, or that chairperson's designee. 2,139
(4) Every expenditure in excess of twenty-five dollars 2,141
shall be vouched for by a receipted bill, stating the purpose of 2,143
the expenditures, that shall be filed with the statement of 2,145
expenditures. A canceled check with a notation of the purpose of 2,146
the expenditure is a receipted bill for purposes of division 2,147
(D)(4) of this section. 2,148
(5) The secretary of state or the board of elections, as 2,151
the case may be, shall issue a receipt for each statement filed 2,153
under this section and shall preserve a copy of the receipt for a 2,155
period of at least six years. All statements filed under this 2,157
section shall be open to public inspection in the office where 2,159
they are filed and shall be carefully preserved for a period of 2,160
at least six years after the year in which they are filed. 2,161
(6) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 2,164
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE THE MANNER 2,167
OF ACKNOWLEDGING AND PRESERVING THE RECEIPT OF STATEMENTS THAT 2,168
ARE ELECTRONICALLY TRANSMITTED TO THE SECRETARY OF STATE PURSUANT 2,169
TO THIS SECTION OR SECTION 3517.106 OF THE REVISED CODE AND THE 2,171
MANNER OF PRESERVING THE CONTRIBUTION AND EXPENDITURE INFORMATION 2,172
IN THOSE STATEMENTS. THE SECRETARY OF STATE SHALL PRESERVE THE 2,174
CONTRIBUTION AND EXPENDITURE INFORMATION IN THOSE STATEMENTS FOR 2,175
AT LEAST TEN YEARS AFTER THE YEAR IN WHICH THEY ARE 2,176
ELECTRONICALLY FILED. 2,177
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), 2,180
52
(F), (G), AND (I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 2,181
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL 2,183
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO STATEMENTS, AND ALL 2,184
AMENDED STATEMENTS FILED WITH THE SECRETARY OF STATE BY
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS SECTION, 2,185
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105, OR SECTION 2,187
3517.106 OR 3517.11 OF THE REVISED CODE.
(E)(1) Any person, political party, campaign committee, 2,189
legislative campaign fund, political action committee, or 2,190
political contributing entity that makes a contribution in 2,191
connection with any ballot issue or question at any election held 2,192
or to be held in this state shall provide its full name and 2,193
address to the recipient of the contribution at the time the 2,194
contribution is made. The political action committee also shall 2,196
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 2,198
contribution at the time the contribution is made. 2,200
(2) Any individual who makes a contribution that exceeds 2,203
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 2,204
assembly shall provide the name of the individual's current 2,205
employer, if any, or, if the individual is self-employed, the 2,207
individual's occupation to the recipient of the contribution at 2,208
the time the contribution is made. Sections 3599.39 and 3599.40 2,209
of the Revised Code do not apply to division (E)(2) of this 2,210
section. 2,211
(3) If a campaign committee shows that it has exercised 2,213
its best efforts to obtain, maintain, and submit the information 2,214
required under divisions (B)(4)(b)(ii) and (iii) of this section, 2,216
that committee is considered to have met the requirements of
those divisions. A campaign committee shall not be considered to 2,219
have exercised its best efforts unless, in connection with 2,220
written solicitations, it regularly includes a written request 2,221
53
for the information required under division (B)(4)(b)(ii) of this 2,222
section from the contributor or the information required under 2,223
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 2,224
(4) Any check that a political action committee uses to 2,226
make a contribution or an expenditure shall contain the full name 2,227
and address of the committee and the registration number assigned 2,228
to the committee under division (D)(1) of this section. 2,229
(F) As used in this section: 2,231
(1) "Address" means all of the following if they exist: 2,234
apartment number, street, road, or highway name and number, rural 2,235
delivery route number, city or village, state, and zip code as 2,236
used in a person's post-office address, but not post-office box. 2,237
If an address is required in this section, a post-office box and 2,238
office, room, or suite number may be included in addition to but 2,239
not in lieu of an apartment, street, road, or highway name and 2,241
number. If an address is required in this section, a campaign 2,244
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 2,247
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 2,248
political action committee, legislative campaign fund, political 2,250
party, or political contributing entity may be used in addition 2,251
to that address.
(2) "Statewide candidate" means the joint candidates for 2,253
the offices of governor and lieutenant governor or a candidate 2,254
for the office of secretary of state, auditor of state, treasurer 2,255
of state, attorney general, member of the state board of 2,256
education, chief justice of the supreme court, or justice of the 2,257
supreme court.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 2,259
OF THE REVISED CODE.
(G) An independent expenditure shall be reported whenever 2,262
and in the same manner that an expenditure is required to be
54
reported under this section and shall be reported pursuant to 2,263
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 2,264
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 2,267
this section, if, during the combined preelection and 2,268
postelection reporting periods for an election, a campaign 2,270
committee has received contributions of five hundred dollars or 2,271
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 2,272
under penalty of election falsification, in lieu of the statement 2,273
required by division (A)(2) of this section. The statement shall 2,274
indicate the total amount of contributions received and the total 2,275
amount of expenditures made during those combined reporting 2,277
periods.
(2) In the case of a successful candidate at a primary 2,279
election, if either the total contributions received by or the 2,281
total expenditures made by the candidate's campaign committee 2,282
during the preprimary, postprimary, pregeneral, and postgeneral 2,283
election periods combined equal more than five hundred dollars, 2,284
the campaign committee may file the statement under division 2,285
(H)(1) of this section only for the primary election. The first 2,287
statement that the campaign committee files in regard to the 2,288
general election shall reflect all contributions received and all 2,289
expenditures made during the preprimary and postprimary election 2,290
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 2,292
if a campaign committee receives contributions or makes 2,293
expenditures prior to the first day of January of the year of the 2,294
election at which the candidate seeks nomination or election to 2,296
office or if the campaign committee does not file a termination 2,297
statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its 2,298
postgeneral election statement in the case of other candidates. 2,299
(I) In the case of a contribution made by a partnership or 2,301
55
unincorporated business, all of the following apply: 2,303
(1) The recipient of the contribution shall report the 2,305
contribution by listing both the partnership or unincorporated 2,306
business and the name of the partner or owner making the 2,307
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 2,309
the contribution shall be considered to have been made by the 2,310
partner or owner reported under division (I)(1) of this section. 2,311
(3) No contribution from a partnership or unincorporated 2,313
business shall be accepted unless the recipient reports the 2,314
contribution under division (I)(1) of this section. 2,315
(J) A candidate shall have only one campaign committee at 2,317
any given time for all of the offices for which the person is a 2,318
candidate or holds office. 2,319
(K)(1) In addition to filing a designation of appointment 2,321
of a treasurer under division (D)(1) of this section, the 2,323
campaign committee of any candidate for an elected municipal 2,324
office that pays an annual amount of compensation of five 2,325
thousand dollars or less, the campaign committee of any candidate 2,326
for member of a board of education except member of the state 2,327
board of education, or the campaign committee of any candidate 2,328
for township trustee or township clerk may sign, under penalty of 2,329
election falsification, a certificate attesting that the 2,330
committee will not accept contributions during an election period 2,331
that exceed in the aggregate two thousand dollars from all 2,332
contributors and one hundred dollars from any one individual, and 2,333
that the campaign committee will not make expenditures during an 2,334
election period that exceed in the aggregate two thousand 2,335
dollars.
The certificate shall be on a form prescribed by the 2,337
secretary of state and shall be filed not later than ten days 2,338
after the candidate files a declaration of candidacy and 2,339
petition, a nominating petition, or a declaration of intent to be 2,341
a write-in candidate.
56
(2) Except as otherwise provided in division (K)(3) of 2,343
this section, a campaign committee that files a certificate under 2,345
division (K)(1) of this section is not required to file the 2,346
statements required by division (A) of section 3517.10 of the
Revised Code. 2,347
(3) If, after filing a certificate under division (K)(1) 2,349
of this section, a campaign committee exceeds any of the 2,350
limitations described in that division during an election period, 2,352
the certificate is void and thereafter the campaign committee 2,353
shall file the statements required by division (A) of section 2,354
3517.10 of this THE Revised Code. If the campaign committee has 2,355
not previously filed a statement, then on the first statement the 2,356
campaign committee is required to file under division (A) of 2,357
section 3517.10 of the Revised Code after the committee's 2,358
certificate is void, the committee shall report all contributions 2,359
received and expenditures made from the time the candidate filed 2,360
the candidate's declaration of candidacy and petition, nominating 2,361
petition, or declaration of intent to be a write-in candidate. 2,362
(4) As used in division (K) of this section, "election 2,364
period" means the period of time beginning on the day a person 2,365
files a declaration of candidacy and petition, nominating 2,366
petition, or declaration of intent to be a write-in candidate 2,367
through the day of the election at which the person seeks 2,368
nomination to office if the person is not elected to office, or, 2,369
if the candidate was nominated in a primary election, the day of 2,371
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 2,375
political contributing entity that receives contributions from 2,376
the dues, membership fees, or other assessments of its members or 2,377
from its officers, shareholders, and employees may report the 2,378
aggregate amount of contributions received from those 2,379
contributors and the number of individuals making those 2,380
contributions, for each filing period identified under divisions 2,381
(A)(1), (2), and (3) of this section. Division (B)(4) of this 2,383
57
section applies to a political contributing entity with regard to 2,384
contributions it receives from all other contributors. 2,385
Section 4. That all existing versions of section 3517.10 2,387
of the Revised Code are hereby repealed. 2,388
Section 5. Sections 3 and 4 of this act shall take effect 2,390
January 1, 2000.