As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 119 5
1999-2000 6
REPRESENTATIVES AMSTUTZ-LOGAN-SULZER-MAIER-SYKES- 8
OLMAN-FORD-TRAKAS-OGG-SULLIVAN-PERRY-O'BRIEN-PETERSON 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 by
political action committees and political 29
contributing entities that file statements with 30
the Secretary of State, legislative campaign 31
funds, and state political parties if the total
contributions or expenditures exceed $10,000 for 32
the reporting period; to require, effective 33
2
January 1, 2002, the electronic filing of 34
statements of individuals and certain entities
that make independent expenditures for or against 35
statewide candidates or statewide issues if the 36
total independent expenditures exceed $10,000 for 37
a reporting period; to require, effective on 38
those applicable dates, the Secretary of State to
make available on the internet contribution and 39
expenditure information from all statements filed 40
electronically or otherwise by those individuals,
committees, or entities; and to maintain the 41
provisions of this act on and after January 1, 42
2000, by amending the version of section 3517.10
of the Revised Code that takes effect on that 43
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 3517.10, 3517.105, 3517.106, and 47
3517.11 of the Revised Code be amended to read as follows: 48
Sec. 3517.10. (A) Except as otherwise provided in this 57
division, every campaign committee, political action committee, 58
legislative campaign fund, political party, and political 59
contributing entity that made or received a contribution or made 61
an expenditure in connection with the nomination or election of 62
any candidate or in connection with any ballot issue or question 63
at any election held or to be held in this state shall file, on a 64
form prescribed under this section OR BY ELECTRONIC MEANS OF 65
TRANSMISSION AS PROVIDED IN THIS SECTION AND SECTION 3517.106 OF 66
THE REVISED CODE, a full, true, and itemized statement, made 68
under penalty of election falsification, setting forth in detail 69
the contributions and expenditures, no later than four p.m. of 70
the following dates:
(1) The twelfth day before the election to reflect 72
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contributions received and expenditures made from the close of 73
business on the last day reflected in the last previously filed 74
statement, if any, to the close of business on the twentieth day 75
before the election; 76
(2) The thirty-eighth day after the election to reflect 78
the contributions received and expenditures made from the close 79
of business on the last day reflected in the last previously 80
filed statement, if any, to the close of business on the seventh 81
day before the filing of the statement; 82
(3) The last business day of January of every year to 84
reflect the contributions received and expenditures made from the 85
close of business on the last day reflected in the last 86
previously filed statement, if any, to the close of business on 87
the last day of December of the previous year. 88
A campaign committee shall only be required to file the 90
statements prescribed under divisions (A)(1) and (2) of this 91
section in connection with the nomination or election of the 92
committee's candidate. 93
The statement required under division (A)(1) of this 95
section shall not be required of any campaign committee, 96
political action committee, legislative campaign fund, political 98
party, or political contributing entity that has received 100
contributions of less than one thousand dollars and has made 101
expenditures of less than one thousand dollars at the close of 102
business on the twentieth day before the election. Those 103
contributions and expenditures shall be reported in the statement 104
required under division (A)(2) of this section. 105
If an election to select candidates to appear on the 107
general election ballot is held within sixty days before a 108
general election, the campaign committee of a successful 109
candidate in the earlier election may file the statement required 110
by division (A)(1) of this section for the general election 111
instead of the statement required by division (A)(2) of this 112
section for the earlier election if the pregeneral election 114
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statement reflects the status of contributions and expenditures 115
for the period twenty days before the earlier election to twenty 116
days before the general election. 117
If a person becomes a candidate less than twenty days 119
before an election, the candidate's campaign committee is not 120
required to file the statement required by division (A)(1) of 122
this section.
No statement under division (A)(3) of this section shall be 124
required for any year in which a campaign committee, political 125
action committee, legislative campaign fund, political party, or 127
political contributing entity is required to file a postgeneral 129
election statement under division (A)(2) of this section. 132
However, such a statement may be filed, at the option of the 133
campaign committee, political action committee, legislative 134
campaign fund, political party, or political contributing entity. 135
No statement under division (A)(3) of this section shall be 137
required if the campaign committee, political action committee, 138
legislative campaign fund, political party, or political 139
contributing entity has no contributions that it has received and 141
no expenditures that it has made since the last date reflected in 143
its last previously filed statement. However, the campaign 144
committee, political action committee, legislative campaign fund, 146
political party, or political contributing entity shall file a 148
statement to that effect, on a form prescribed under this section 149
and made under penalty of election falsification, on the date 150
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 153
a monthly statement of contributions received during each of the 154
months of July, August, and September in the year of the general 155
election in which the candidate seeks office. The campaign 156
committee of a statewide candidate shall file the monthly 157
statement not later than three business days after the last day 158
of the month covered by the statement. The campaign committee of 159
a statewide candidate that files a notice under division (C)(1) 161
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of section 3517.103 of the Revised Code and the campaign 162
committee of a statewide candidate to which, in accordance with 163
division (D) of section 3517.103 of the Revised Code, the 164
contribution limitations prescribed in section 3517.102 of the 165
Revised Code no longer apply shall file an additional monthly 167
statement of contributions received during the primary election 168
period in the year of the primary election in which the candidate 169
seeks nomination to office beginning with contributions received 170
after the last business day in the committee's last previously 172
filed statement, if any, through the fifteenth day of March. 173
That statement shall be filed not later than three business days 174
after the fifteenth day of March. Contributions reported in the 175
additional monthly statement of contributions shall also be 176
included in the campaign committee's pre-primary PREPRIMARY 177
election statement required under division (A)(1) of this 179
section. During the period beginning on the nineteenth day 180
before the general election in which a statewide candidate seeks 181
election to office and extending through the day of that general
election, each time the campaign committee of the joint 182
candidates for the offices of governor and lieutenant governor or 184
of a candidate for the office of secretary of state, auditor of 185
state, treasurer of state, or attorney general receives a
contribution from a contributor that causes the aggregate amount 186
of contributions received from that contributor during that 187
period to equal or exceed two thousand five hundred dollars and 188
each time the campaign committee of a candidate for the office of 189
chief justice or justice of the supreme court receives a 190
contribution from a contributor that causes the aggregate amount 191
of contributions received from that contributor during that 192
period to exceed five hundred dollars, the campaign committee 193
shall file a two-business-day statement reflecting that 194
contribution. During the period beginning on the nineteenth day 196
before a primary election in which a candidate for statewide 197
office seeks nomination to office and extending through the day 198
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of that primary election, each time either the campaign committee 199
of a statewide candidate in that primary election that files a 200
notice under division (C)(1) of section 3517.103 of the Revised 201
Code or the campaign committee of a statewide candidate in that 203
primary election to which, in accordance with division (D) of 204
section 3517.103 of the Revised Code, the contribution 205
limitations prescribed in section 3517.102 of the Revised Code no 207
longer apply receives a contribution from a contributor that 208
causes the aggregate amount of contributions received from that 209
contributor during that period to exceed two thousand five 210
hundred dollars, the campaign committee shall file a 211
two-business-day statement reflecting that contribution. 212
Contributions reported on a two-business-day statement required 214
to be filed by a campaign committee of a statewide candidate in a 215
primary election shall also be included in the post-primary 216
POSTPRIMARY election statement required to be filed by that 218
campaign committee under division (A)(2) of this section. A 219
two-business-day statement required by this paragraph shall be 220
filed not later than two business days after receipt of the 221
contribution. The statements required by this paragraph shall be 222
filed in addition to any other statements required by this 223
section.
The secretary of state may permit the filing of 225
two-business-day statements by facsimile or other electronic 226
means of transmission. SUBJECT TO THE SECRETARY OF STATE HAVING 227
IMPLEMENTED, TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY 228
SYSTEM THE SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISIONS 229
(C)(6)(b) AND (D)(6) OF THIS SECTION AND DIVISION (H)(1) OF 231
SECTION 3517.106 OF THE REVISED CODE FOR THE ELECTRONIC FILING OF 232
CAMPAIGN FINANCE STATEMENTS, ON AND AFTER JANUARY 1, 2000, A 233
CAMPAIGN COMMITTEE OF A STATEWIDE CANDIDATE SHALL FILE A 234
TWO-BUSINESS-DAY STATEMENT UNDER THE PRECEDING PARAGRAPH BY 236
ELECTRONIC MEANS OF TRANSMISSION IF THE CAMPAIGN COMMITTEE IS 238
REQUIRED TO FILE A PREELECTION, POSTELECTION, OR MONTHLY 239
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STATEMENT OF CONTRIBUTIONS AND EXPENDITURES BY ELECTRONIC MEANS 240
OF TRANSMISSION UNDER THIS SECTION OR SECTION 3517.106 OF THE 241
REVISED CODE. 242
If a campaign committee or political action committee has 244
no balance on hand and no outstanding obligations and desires to 245
terminate itself, it shall file a statement to that effect, on a 246
form prescribed under this section and made under penalty of 247
election falsification, with the official with whom it files a 248
statement under division (A) of this section after filing a final 249
statement of contributions and a final statement of expenditures, 250
if contributions have been received or expenditures made since 251
the period reflected in its last previously filed statement. 252
(B) Except as otherwise provided in division (C)(7) of 254
this section, each statement required by division (A) of this 255
section shall contain the following information: 256
(1) The full name and address of each campaign committee, 258
political action committee, legislative campaign fund, political 260
party, or political contributing entity, including any treasurer 262
of the committee, fund, party, or entity, filing a contribution 263
and expenditure statement;
(2)(a) In the case of a campaign committee, the 265
candidate's full name and address; 266
(b) In the case of a political action committee, the 268
registration number assigned to the committee under division 269
(D)(1) of this section. 270
(3) The date of the election and whether it was or will be 272
a general, primary, or special election; 273
(4) A statement of contributions received, which shall 275
include THE FOLLOWING INFORMATION: 276
(a) The month, day, and year of the contribution; 278
(b)(i) The full name and address of each person, political 280
party, campaign committee, legislative campaign fund, political 282
action committee, or political contributing entity from whom 283
contributions are received and the registration number assigned 284
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to the political action committee under division (D)(1) of this 285
section. The requirement of filing the full address does not 286
apply to any statement filed by a state or local committee of a 287
political party, to a finance committee of such committee, or to 289
a committee recognized by a state or local committee as its 290
fund-raising auxiliary. Notwithstanding division (F)(1) of this 291
section, the requirement of filing the full address shall be 292
considered as being met if the address filed is the same address 293
the contributor provided under division (E)(1) of this section. 294
(ii) If a campaign committee of a statewide candidate or 296
candidate for the office of member of the general assembly 297
receives a contribution from an individual that exceeds one 298
hundred dollars, the name of the individual's current employer, 299
if any, or, if the individual is self-employed, the individual's 301
occupation;
(iii) If a campaign committee of a statewide candidate or 303
candidate for the office of member of the general assembly 304
receives a contribution transmitted pursuant to section 3599.031 306
of the Revised Code from amounts deducted from the wages and 307
salaries of two or more employees that exceeds in the aggregate 309
one hundred dollars during any one filing period under division 310
(A)(1), (2), or (3) of this section, the full name of the 311
employees' employer and the full name of the labor organization
of which the employees are members, if any. 312
(c) A description of the contribution received, if other 314
than money; 315
(d) The value in dollars and cents of the contribution; 317
(e) A separately itemized account of all contributions and 319
expenditures regardless of the amount, except a receipt of a 320
contribution from a person in the sum of twenty-five dollars or 321
less at one social or fund-raising activity and a receipt of a 322
contribution transmitted pursuant to section 3599.031 of the 323
Revised Code from amounts deducted from the wages and salaries of 324
employees if the contribution from the amount deducted from the 325
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wages and salary of any one employee is twenty-five dollars or 326
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 327
include a description of and the value of each in-kind 328
contribution received at that activity from any person who made 329
one or more such contributions whose aggregate value exceeded two 330
hundred fifty dollars and shall be listed separately, together 331
with the expenses incurred and paid in connection with that 332
activity. A campaign committee, political action committee, 333
legislative campaign fund, political party, or political 334
contributing entity shall keep records of contributions from each 335
person in the amount of twenty-five dollars or less at one social 336
or fund-raising activity and contributions from amounts deducted 337
under section 3599.031 of the Revised Code from the wages and 338
salary of each employee in the amount of twenty-five dollars or 339
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 340
party as an auxiliary of the party and that makes a contribution 341
from funds derived solely from regular dues paid by members of 342
the auxiliary shall be required to list the name or address of 343
any members who paid those dues.
Contributions that are other income shall be itemized 345
separately from all other contributions. The information 346
required under division (B)(4) of this section shall be provided 348
for all other income itemized. As used in this paragraph, "other 349
income" means a loan, investment income, or interest income. 350
(f) In the case of a campaign committee of a state elected 353
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 354
to the campaign committee of that officer, the information 355
required under division (B)(4) of this section in regard to that 356
contribution, which shall be filed together with and considered a 357
part of the committee's statement of contributions as required 358
under division (A) of this section but shall be filed on a 360
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separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: 361
(i) "State elected officer" has the same meaning as in 364
section 3517.092 of the Revised Code. 365
(ii) "Person doing business" means a person or an officer 368
of an entity who enters into one or more contracts with a state 369
elected officer or anyone authorized to enter into contracts on 370
behalf of that officer to receive payments for goods or services, 371
if the payments total, in the aggregate, more than five thousand 372
dollars during a calendar year. 373
(5) A statement of expenditures which shall include THE 375
FOLLOWING INFORMATION: 376
(a) The month, day, and year of the expenditure; 378
(b) The full name and address of each person, political 380
party, campaign committee, legislative campaign fund, political 382
action committee, or political contributing entity to whom the 383
expenditure was made and the registration number assigned to the 384
political action committee under division (D)(1) of this section; 386
(c) The object or purpose for which the expenditure was 388
made; 389
(d) The amount of each expenditure. 391
(C)(1) The statement of contributions and expenditures 393
shall be signed by the person completing the form. IF A 394
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES IS ELECTRONICALLY 395
FILED PURSUANT TO THIS SECTION OR SECTION 3517.106 OF THE REVISED 396
CODE, THE ELECTRONIC SIGNATURE OF THE PERSON WHO EXECUTES THE 397
STATEMENT AND TRANSMITS THE STATEMENT ELECTRONICALLY, AS PROVIDED 399
IN DIVISION (H) OF SECTION 3517.106 OF THE REVISED CODE, SHALL BE 400
ATTACHED TO OR ASSOCIATED WITH THE STATEMENT AND SHALL BE BINDING 401
FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS IF
THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM. 402
(2) The person filing the statement shall, under penalty 404
of election falsification, SHALL include with it a list of each 405
anonymous contribution, the circumstances under which it was 406
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received, and the reason it cannot be attributed to a specific 407
donor.
(3) Each statement of a campaign committee of a candidate 409
who holds public office shall contain a designation of each 410
contributor who is an employee in any unit or department under 411
the candidate's direct supervision and control. In a space 412
provided in the statement, the person filing the statement shall 413
affirm that each such contribution was voluntarily made. 414
(4) A campaign committee that did not receive 416
contributions or make expenditures in connection with the 417
nomination or election of its candidate shall file a statement to 418
that effect, on a form prescribed under this section and made 419
under penalty of election falsification, on the date required in 420
division (A)(2) of this section. 421
(5) The campaign committee of any person who attempts to 423
become a candidate and who, for any reason, does not become 424
certified in accordance with Title XXXV of the Revised Code for 425
placement on the official ballot of a primary, general, or 426
special election to be held in this state, and who, at any time 427
prior to or after an election, receives contributions or makes 428
expenditures, or has given consent for another to receive 429
contributions or make expenditures, for the purpose of bringing 430
about the person's nomination or election to public office, shall 431
file the statement or statements prescribed by this section and a 432
termination statement, if applicable. This paragraph does not 433
apply to any person with respect to an election to the offices of 434
member of a county or state central committee, presidential 435
elector, or delegate to a national convention or conference of a 436
political party. 437
(6)(a) The statements required to be filed under this 439
section shall specify the balance in the hands of the campaign 441
committee, political action committee, legislative campaign fund, 442
political party, or political contributing entity and the 443
disposition intended to be made of that balance. 444
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(b) The SECRETARY OF STATE SHALL PRESCRIBE THE form for 446
all statements required to be filed under this section shall be 448
prescribed by the secretary of state, and furnished SHALL FURNISH 450
THE FORMS to the boards of elections in the several counties, and 451
the. THE boards of elections shall supply printed copies of 452
those forms without charge. The secretary of state may require 453
that SHALL PRESCRIBE THE APPROPRIATE METHODOLOGY, PROTOCOL, AND 454
DATA FILE STRUCTURE FOR THE ELECTRONIC TRANSMISSION OF STATEMENTS 456
REQUIRED OR PERMITTED TO BE FILED ELECTRONICALLY UNDER DIVISION 457
(A) OF THIS SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 458
3517.106 OF THE REVISED CODE. SUBJECT TO DIVISION (A) OF THIS 459
SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 OF 461
THE REVISED CODE, the statements required to be stored on 463
computer by the secretary of state under divisions (A)(1) to (4) 465
DIVISION (B) of section 3517.106 of the Revised Code SHALL be 466
filed in whatever format the secretary of state considers 467
necessary so that TO ENABLE the secretary of state may TO store 468
the information contained in the statements on computer. Any 469
such format shall be of a type and nature that is readily 470
available to whoever is required to file the statements in that 471
format.
(c) THE SECRETARY OF STATE SHALL ASSESS THE NEED FOR 473
TRAINING REGARDING THE ELECTRONIC FILING OF CAMPAIGN FINANCE 474
STATEMENTS AND ASSOCIATED TECHNOLOGIES FOR CANDIDATES, CAMPAIGN 475
COMMITTEES, POLITICAL ACTION COMMITTEES, LEGISLATIVE CAMPAIGN 476
FUNDS, POLITICAL PARTIES, POLITICAL CONTRIBUTING ENTITIES, OR 477
INDIVIDUALS, PARTNERSHIPS, OR OTHER ENTITIES REQUIRED OR
PERMITTED TO FILE STATEMENTS ELECTRONICALLY UNDER THIS SECTION OR 478
SECTION 3517.105 OR 3517.106 OF THE REVISED CODE. IF, IN THE 479
OPINION OF THE SECRETARY OF STATE, TRAINING IN THESE AREAS IS 480
NECESSARY, THE SECRETARY OF STATE SHALL ARRANGE FOR THE PROVISION 481
OF VOLUNTARY TRAINING PROGRAMS FOR CANDIDATES, CAMPAIGN
COMMITTEES, POLITICAL ACTION COMMITTEES, LEGISLATIVE CAMPAIGN 482
FUNDS, POLITICAL PARTIES, POLITICAL CONTRIBUTING ENTITIES, AND 483
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INDIVIDUALS, PARTNERSHIPS, AND OTHER ENTITIES. 484
(7) Each monthly statement and each two-business-day 486
statement required by division (A) of this section shall contain 487
the information required by divisions (B)(1) to (4), (C)(2), and, 488
if appropriate, (C)(3) of this section. Each statement shall be 490
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 492
expenditure, every campaign committee, political action 493
committee, legislative campaign fund, political party, or 494
political contributing entity shall appoint a treasurer and shall 496
file, on a form prescribed by the secretary of state, a 497
designation of that appointment, including the full name and 499
address of the treasurer and of the campaign committee, political 500
action committee, legislative campaign fund, political party, or 502
political contributing entity. That designation shall be filed 503
with the official with whom the campaign committee, political 505
action committee, legislative campaign fund, political party, or 506
political contributing entity is required to file statements 507
under section 3517.11 of the Revised Code. The name of a 508
campaign committee shall include at least the last name of the 509
campaign committee's candidate. The secretary of state shall 511
assign a registration number to each political action committee 512
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 513
is required by division (A)(1) of section 3517.11 of the Revised 514
Code to file the statements prescribed by this section with the 515
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 517
section shall keep a strict account of all contributions, from 518
whom received and the purpose for which they were disbursed. 519
(3)(a) Except as otherwise provided in section 3517.108 of 521
the Revised Code, a campaign committee shall deposit all monetary 522
contributions received by the committee into an account separate 523
from a personal or business account of the candidate or campaign 524
14
committee.
(b) A political action committee shall deposit all 527
monetary contributions received by the committee into an account 528
separate from all other funds.
(c) A state or county political party may establish a 531
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 532
fund under section 3517.17 of the Revised Code and from all other 533
funds. A state or county political party may deposit into its 534
state candidate fund any amounts of monetary contributions that 535
are made to or accepted by the political party subject to the 536
applicable limitations, if any, prescribed in section 3517.102 of 537
the Revised Code. A state or county political party shall 538
deposit all other monetary contributions received by the party 539
into one or more accounts that are separate from its state 540
candidate fund and from its account that contains the public 541
moneys received from the Ohio political party fund under section 542
3517.17 of the Revised Code.
(d) Each state political party shall have only one 544
legislative campaign fund for each house of the general assembly. 545
Each such fund shall be separate from any other funds or accounts 546
of that state party. A legislative campaign fund is authorized 547
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 548
of that political party to the house of the general assembly with 549
which that legislative campaign fund is associated. Each 550
legislative campaign fund shall be administered and controlled in 551
a manner designated by the caucus. As used in division (D)(3)(d) 552
of this section, "caucus" has the same meaning as in section 553
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 554
the caucus is associated, or that chairperson's designee. 555
(4) Every expenditure in excess of twenty-five dollars 557
shall be vouched for by a receipted bill, stating the purpose of 558
15
the expenditures, that shall be filed with the statement of 559
expenditures. A canceled check with a notation of the purpose of 560
the expenditure is a receipted bill for purposes of division 561
(D)(4) of this section. 562
(5) The secretary of state or the board of elections, as 564
the case may be, shall issue a receipt for each statement filed 565
under this section and shall preserve a copy of the receipt for a 566
period of at least six years. All statements filed under this 567
section shall be open to public inspection in the office where 569
they are filed and shall be carefully preserved for a period of 570
at least six years after the year in which they are filed. 571
(6) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 574
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE THE MANNER 577
OF IMMEDIATELY ACKNOWLEDGING, WITH DATE AND TIME RECEIVED, AND
PRESERVING THE RECEIPT OF STATEMENTS THAT ARE ELECTRONICALLY 579
TRANSMITTED TO THE SECRETARY OF STATE PURSUANT TO THIS SECTION OR 580
SECTION 3517.106 OF THE REVISED CODE AND THE MANNER OF PRESERVING 583
THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THOSE STATEMENTS.
THE SECRETARY OF STATE SHALL PRESERVE THE CONTRIBUTION AND 585
EXPENDITURE INFORMATION IN THOSE STATEMENTS FOR AT LEAST TEN 587
YEARS AFTER THE YEAR IN WHICH THEY ARE ELECTRONICALLY FILED. 588
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), 591
(F), (G), AND (I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 592
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL 594
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO STATEMENTS, AND ALL 595
AMENDED STATEMENTS FILED WITH THE SECRETARY OF STATE BY
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS SECTION, 596
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105, OR SECTION 598
3517.106 OR 3517.11 OF THE REVISED CODE.
(E)(1) Any person, political party, campaign committee, 600
legislative campaign fund, political action committee, or 602
political contributing entity that makes a contribution in 603
connection with the nomination or election of any candidate or in 604
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connection with any ballot issue or question at any election held 605
or to be held in this state shall provide its full name and 606
address to the recipient of the contribution at the time the 607
contribution is made. The political action committee also shall 609
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 610
contribution at the time the contribution is made. 611
(2) Any individual who makes a contribution that exceeds 614
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 615
assembly shall provide the name of the individual's current 616
employer, if any, or, if the individual is self-employed, the 618
individual's occupation to the recipient of the contribution at 619
the time the contribution is made. Sections 3599.39 and 3599.40 620
of the Revised Code do not apply to division (E)(2) of this 621
section.
(3) If a campaign committee shows that it has exercised 623
its best efforts to obtain, maintain, and submit the information 624
required under divisions (B)(4)(b)(ii) and (iii) of this section, 625
that committee is considered to have met the requirements of 626
those divisions. A campaign committee shall not be considered to 627
have exercised its best efforts unless, in connection with 628
written solicitations, it regularly includes a written request 629
for the information required under division (B)(4)(b)(ii) of this 630
section from the contributor or the information required under 631
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 632
(4) Any check that a political action committee uses to 634
make a contribution or an expenditure shall contain the full name 635
and address of the committee and the registration number assigned 636
to the committee under division (D)(1) of this section. 637
(F) As used in this section: 639
(1) "Address" means all of the following if they exist: 642
apartment number, street, road, or highway name and number, rural 643
17
delivery route number, city or village, state, and zip code as 644
used in a person's post-office address, but not post-office box. 645
If an address is required in this section, a post-office box and 646
office, room, or suite number may be included in addition to but 647
not in lieu of an apartment, street, road, or highway name and 648
number. If an address is required in this section, a campaign 650
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 652
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 653
political action committee, legislative campaign fund, political 655
party, or political contributing entity may be used in addition 656
to that address.
(2) "Statewide candidate" means the joint candidates for 658
the offices of governor and lieutenant governor or a candidate 659
for the office of secretary of state, auditor of state, treasurer 660
of state, attorney general, member of the state board of 661
education, chief justice of the supreme court, or justice of the 662
supreme court.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 664
OF THE REVISED CODE.
(G) An independent expenditure shall be reported whenever 667
and in the same manner that an expenditure is required to be
reported under this section and shall be reported pursuant to 668
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 669
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 672
this section, if, during the combined preelection and
postelection reporting periods for an election, a campaign 674
committee has received contributions of five hundred dollars or 675
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 676
under penalty of election falsification, in lieu of the statement 677
required by division (A)(2) of this section. The statement shall 678
18
indicate the total amount of contributions received and the total 679
amount of expenditures made during those combined reporting 680
periods.
(2) In the case of a successful candidate at a primary 682
election, if either the total contributions received by or the 684
total expenditures made by the candidate's campaign committee 685
during the preprimary, postprimary, pregeneral, and postgeneral 686
election periods combined equal more than five hundred dollars, 687
the campaign committee may file the statement under division
(H)(1) of this section only for the primary election. The first 688
statement that the campaign committee files in regard to the 689
general election shall reflect all contributions received and all 690
expenditures made during the preprimary and postprimary election 691
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 693
if a campaign committee receives contributions or makes 694
expenditures prior to the first day of January of the year of the 695
election at which the candidate seeks nomination or election to 697
office or if the campaign committee does not file a termination 698
statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its 699
postgeneral election statement in the case of other candidates. 700
(I) In the case of a contribution made by a partnership or 702
unincorporated business, all of the following apply: 703
(1) The recipient of the contribution shall report the 705
contribution by listing both the partnership or unincorporated 706
business and the name of the partner or owner making the 707
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 709
the contribution shall be considered to have been made by the 710
partner or owner reported under division (I)(1) of this section. 711
(3) No contribution from a partnership or unincorporated 713
business shall be accepted unless the recipient reports the 714
contribution under division (I)(1) of this section. 715
19
(J) A candidate shall have only one campaign committee at 717
any given time for all of the offices for which the person is a 718
candidate or holds office. 719
(K)(1) In addition to filing a designation of appointment 721
of a treasurer under division (D)(1) of this section, the 723
campaign committee of any candidate for an elected municipal 724
office that pays an annual amount of compensation of five 725
thousand dollars or less, the campaign committee of any candidate 726
for member of a board of education except member of the state 727
board of education, or the campaign committee of any candidate 728
for township trustee or township clerk may sign, under penalty of 729
election falsification, a certificate attesting that the 730
committee will not accept contributions during an election period 731
that exceed in the aggregate two thousand dollars from all 732
contributors and one hundred dollars from any one individual, and 733
that the campaign committee will not make expenditures during an 734
election period that exceed in the aggregate two thousand 735
dollars.
The certificate shall be on a form prescribed by the 737
secretary of state and shall be filed not later than ten days 738
after the candidate files a declaration of candidacy and 739
petition, a nominating petition, or a declaration of intent to be 741
a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of 743
this section, a campaign committee that files a certificate under 745
division (K)(1) of this section is not required to file the
statements required by division (A) of section 3517.10 of the 746
Revised Code.
(3) If, after filing a certificate under division (K)(1) 748
of this section, a campaign committee exceeds any of the 749
limitations described in that division during an election period, 751
the certificate is void and thereafter the campaign committee 752
shall file the statements required by division (A) of section 753
3517.10 of the Revised Code. If the campaign committee has not 754
20
previously filed a statement, then on the first statement the 755
campaign committee is required to file under division (A) of 756
section 3517.10 of the Revised Code after the committee's 757
certificate is void, the committee shall report all contributions 758
received and expenditures made from the time the candidate filed 759
the candidate's declaration of candidacy and petition, nominating 760
petition, or declaration of intent to be a write-in candidate. 761
(4) As used in division (K) of this section, "election 763
period" means the period of time beginning on the day a person 764
files a declaration of candidacy and petition, nominating 765
petition, or declaration of intent to be a write-in candidate 766
through the day of the election at which the person seeks 767
nomination to office if the person is not elected to office, or, 768
if the candidate was nominated in a primary election, the day of 770
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 774
political contributing entity that receives contributions from 775
the dues, membership fees, or other assessments of its members or 776
from its officers, shareholders, and employees may report the 777
aggregate amount of contributions received from those 778
contributors and the number of individuals making those 779
contributions, for each filing period identified under divisions 780
(A)(1), (2), and (3) of this section. Division (B)(4) of this 782
section applies to a political contributing entity with regard to 783
contributions it receives from all other contributors. 784
(M) This is an interim section effective until January 1, 787
2000.
Sec. 3517.105. (A)(1) As used in this section, "public 797
political advertising" means advertising to the general public 798
through a broadcasting station, newspaper, magazine, poster, yard 799
sign, or outdoor advertising facility, by direct mail, or by any 800
other means of advertising to the general public. 801
(2) For purposes of this section and section 3517.20 of 804
the Revised Code, a person is a member of a political action 805
21
committee if the person makes one or more contributions to that 807
political action committee, and a person is a member of a 808
political contributing entity if the person makes one or more
contributions to, or pays dues, membership fees, or other 809
assessments to, that political contributing entity. 811
(B)(1) Whenever a candidate, a campaign committee, a 813
political action committee or political contributing entity with 814
ten or more members, or a legislative campaign fund makes an 817
independent expenditure, or whenever a political action committee 818
or political contributing entity with fewer than ten members 820
makes an independent expenditure in excess of one hundred dollars 821
for a local candidate, in excess of two hundred fifty dollars for
a candidate for the office of member of the general assembly, or 822
in excess of five hundred dollars for a statewide candidate, for 823
the purpose of financing communications advocating the election 824
or defeat of an identified candidate or solicits without the 827
candidate's express consent a contribution for or against an 828
identified candidate through public political advertising, a 830
statement shall appear or be presented in a clear and conspicuous 831
manner in the advertising that does both of the following: 832
(a) Clearly indicates that the communication or public 836
political advertising is not authorized by the candidate or the 837
candidate's campaign committee;
(b) Clearly identifies the candidate, campaign committee, 840
political action committee, political contributing entity, or 841
legislative campaign fund that has paid for the communication or 842
public political advertising in accordance with section 3517.20 844
of the Revised Code. 845
(2)(a) Whenever any campaign committee, legislative 847
campaign fund, political action committee, political contributing 848
entity, or political party makes an independent expenditure in 850
support of or opposition to any candidate, the committee, entity, 852
fund, or party shall report the independent expenditure and 855
identify the candidate on a statement prescribed by the secretary 856
22
of state and filed by the committee, entity, fund, or political 857
party as part of its statement of contributions and expenditures 859
pursuant to division (A) of section 3517.10 and division (A) of 861
section 3517.11 of the Revised Code. 862
(b) Whenever any individual, partnership, or other entity, 865
except a corporation, labor organization, campaign committee, 866
legislative campaign fund, political action committee, political 867
contributing entity, or political party, makes one or more 868
independent expenditures in support of or opposition to any 869
candidate, the individual, partnership, or other entity shall 872
file with the secretary of state in the case of a statewide 873
candidate, or with the board of elections in the county in which 874
the candidate files the candidate's petitions for nomination or 875
election for district or local office, not later than the dates 876
specified in divisions (A)(1), (2), and (3) of section 3517.10 of 877
the Revised Code, and, except as otherwise provided in that 878
section, a statement itemizing all independent expenditures made 880
during the period since the close of business on the last day 881
reflected in the last previously filed such statement, if any. 882
The statement shall be made on a form prescribed by the secretary 883
of state, OR SHALL BE FILED BY ELECTRONIC MEANS OF TRANSMISSION 884
PURSUANT TO DIVISION (G) OF SECTION 3517.106 OF THE REVISED CODE 885
AS AUTHORIZED OR REQUIRED BY THAT DIVISION. THE STATEMENT shall 886
indicate the date and the amount of each independent expenditure 887
and the candidate on whose behalf it was made, and shall be made 888
under penalty of election falsification.
(C)(1) Whenever a corporation, labor organization, 890
campaign committee, political action committee with ten or more 891
members, or legislative campaign fund makes an independent 892
expenditure, or whenever a political action committee with fewer 893
than ten members makes an independent expenditure in excess of 894
one hundred dollars for a local ballot issue or question, or in
excess of five hundred dollars for a statewide ballot issue or 895
question, for the purpose of financing communications advocating 896
23
support of or opposition to an identified ballot issue or 897
question or solicits without the express consent of the ballot 898
issue committee a contribution for or against an identified
ballot issue or question through public political advertising, a 899
statement shall appear or be presented in a clear and conspicuous 900
manner in the advertising that does both of the following: 901
(a) Clearly indicates that the communication or public 903
political advertising is not authorized by the identified ballot 904
issue committee;
(b) Clearly identifies the corporation, labor 906
organization, campaign committee, legislative campaign fund, or 907
political action committee that has paid for the communication or 908
public political advertising in accordance with section 3517.20 909
of the Revised Code.
(2)(a) Whenever any corporation, labor organization, 911
campaign committee, legislative campaign fund, political party, 912
or political action committee makes an independent expenditure in 913
support of or opposition to any ballot issue or question, the 914
corporation or labor organization shall report the independent 915
expenditure in accordance with division (C) of section 3599.03 of 916
the Revised Code, and the campaign committee, fund, party, or 917
political action committee shall report the independent 918
expenditure and identify the ballot issue or question on a 919
statement prescribed by the secretary of state and filed by the 920
campaign committee, fund, political party, or political action 921
committee as part of its statement of contributions and
expenditures pursuant to division (A) of section 3517.10 and 922
division (A) of section 3517.11 of the Revised Code. 923
(b) Whenever any individual, partnership, or other entity, 925
except a corporation, labor organization, campaign committee, 926
legislative campaign fund, political action committee, or 928
political party, makes one or more independent expenditures in 929
excess of one hundred dollars in support of or opposition to any 930
ballot issue or question, the individual, partnership, or other
24
entity shall file with the secretary of state in the case of a 931
statewide ballot issue or question, or with the board of 932
elections in the county that certifies the issue or question for 933
placement on the ballot in the case of a district or local issue 934
or question, not later than the dates specified in division 935
(A)(1), (2), and (3) of section 3517.10 of the Revised Code, and,
except as otherwise provided in that section, a statement 937
itemizing all independent expenditures made during the period 938
since the close of business on the last day reflected in the last 940
previously filed such statement, if any. The statement shall be 941
made on a form prescribed by the secretary of state, OR SHALL BE 942
FILED BY ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO DIVISION 943
(G) OF SECTION 3517.106 OF THE REVISED CODE AS AUTHORIZED OR
REQUIRED BY THAT DIVISION. THE STATEMENT shall indicate the date 945
and the amount of each independent expenditure and the ballot
issue or question in support of or opposition to which it was 946
made, and shall be made under penalty of election falsification. 948
(3) No person, campaign committee, legislative campaign 950
fund, political action committee, corporation, labor 951
organization, or other organization or association shall use or 953
cause to be used a false or fictitious name in making an
independent expenditure in support of or opposition to any 954
candidate or any ballot issue or question. A name is false or 955
fictitious if the person, campaign committee, legislative 957
campaign fund, political action committee, corporation, labor 958
organization, or other organization or association does not 959
actually exist or operate, if the corporation, labor
organization, or other organization or association has failed to 960
file a fictitious name or other registration with the secretary 961
of state, if it is required to do so, or if the person, campaign 963
committee, legislative campaign fund, or political action 964
committee has failed to file a designation of the appointment of 965
a treasurer, if it is required to do so by division (D)(1) of 967
section 3517.10 of the Revised Code. 968
25
Sec. 3517.106. (A) AS USED IN THIS SECTION: 977
(1) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 980
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 981
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 982
WIDE WEB.
(2) "STATEWIDE OFFICE" MEANS ANY OF THE OFFICES OF 984
GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF STATE, AUDITOR OF 985
STATE, TREASURER OF STATE, ATTORNEY GENERAL, CHIEF JUSTICE OF THE 987
SUPREME COURT, AND JUSTICE OF THE SUPREME COURT.
(3) "ADDENDUM TO A STATEMENT" INCLUDES AN AMENDMENT OR 989
OTHER CORRECTION TO THAT STATEMENT. 990
(B) The secretary of state shall store on computer the 993
information contained in statements of contributions and 994
expenditures and monthly statements required to be filed under 995
section 3517.10 of the Revised Code AND IN STATEMENTS OF 996
INDEPENDENT EXPENDITURES REQUIRED TO BE FILED UNDER SECTION 997
3517.105 OF THE REVISED CODE by any of the following: 998
(1) The campaign committees of candidates for statewide 1,000
office; 1,001
(2) The political action committees and political 1,003
contributing entities described in division (A)(1) of section 1,005
3517.11 of the Revised Code; 1,007
(3) Legislative campaign funds; 1,009
(4) State political parties; 1,011
(5) INDIVIDUALS, PARTNERSHIPS, OR OTHER ENTITIES THAT MAKE 1,013
INDEPENDENT EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A 1,014
STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE OR QUESTION AND 1,016
THAT ARE REQUIRED TO FILE A STATEMENT OF INDEPENDENT EXPENDITURES 1,017
UNDER DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,019
REVISED CODE; 1,021
(6) The campaign committees of candidates for the office 1,023
of member of the general assembly. 1,025
(B)(C)(1) The secretary of state shall make available to 1,028
the campaign committees, political action committees, political 1,029
26
contributing entities, legislative campaign funds, and political 1,030
parties, INDIVIDUALS, PARTNERSHIPS, AND OTHER ENTITIES described 1,032
in division (A)(B) of this section, and to members of the news 1,033
media and other interested persons, for a reasonable fee, 1,034
computer programs THAT ARE compatible with the secretary of 1,035
state's method of storing the information contained in the 1,036
statements.
(2) The secretary of state shall make the information 1,038
required to be stored under division (A)(B) of this section 1,039
available on computer at the secretary of state's office so that, 1,041
to the maximum extent feasible, individuals may obtain at the 1,042
secretary of state's office any part or all of that information
for any given year, subject to the limitation expressed in 1,043
division (C)(D) of this section. 1,045
(C)(D) The secretary of state shall keep the information 1,047
stored on computer under division (A)(B) of this section for at 1,049
least six years.
(E)(1) SUBJECT TO THE SECRETARY OF STATE HAVING 1,051
IMPLEMENTED, TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY 1,052
SYSTEM THE SECRETARY OF STATE PRESCRIBES PUSUANT TO DIVISION 1,053
(H)(1) OF THIS SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF 1,054
SECTION 3517.10 OF THE REVISED CODE FOR THE ELECTRONIC FILING OF 1,056
CAMPAIGN FINANCE STATEMENTS, ON AND AFTER JANUARY 1, 2000, THE 1,057
CAMPAIGN COMMITTEE OF EACH CANDIDATE FOR STATEWIDE OFFICE MAY 1,058
FILE THE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE REVISED 1,060
CODE BY ELECTRONIC MEANS OF TRANSMISSION OR, IF THE TOTAL AMOUNT 1,061
OF THE CONTRIBUTIONS RECEIVED OR THE TOTAL AMOUNT OF THE 1,062
EXPENDITURES MADE BY THE CAMPAIGN COMMITTEE FOR THE APPLICABLE 1,063
REPORTING PERIOD AS SPECIFIED IN DIVISION (A) OF SECTION 3517.10 1,064
OF THE REVISED CODE EXCEEDS TEN THOUSAND DOLLARS, SHALL FILE 1,066
THOSE STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION. WITHIN 1,067
FIVE BUSINESS DAYS AFTER THE FILING DEADLINE SPECIFIED IN
DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE FOR THE 1,069
APPLICABLE STATEMENT, THE SECRETARY OF STATE SHALL MAKE AVAILABLE 1,070
27
ONLINE TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN 1,071
DIVISION (I) OF THIS SECTION, THE CONTRIBUTION AND EXPENDITURE 1,072
INFORMATION IN ALL STATEMENTS FILED BY A CAMPAIGN COMMITTEE OF A 1,073
CANDIDATE FOR STATEWIDE OFFICE BY ELECTRONIC OR OTHER MEANS OF 1,074
TRANSMISSION UNDER DIVISION (E)(1) OF THIS SECTION OR SECTION 1,075
3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,077
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,078
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,080
CODE, THE CAMPAIGN COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF 1,082
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 1,083
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 1,085
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN
AMENDED STATEMENT. WITHIN TEN BUSINESS DAYS AFTER A CAMPAIGN 1,087
COMMITTEE OF A CANDIDATE FOR STATEWIDE OFFICE FILES AN ADDENDUM 1,088
TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER 1,089
MEANS OF TRANSMISSION UNDER DIVISION (E)(1) OF THIS SECTION OR 1,091
DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE 1,092
SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND EXPENDITURE 1,093
INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE 1,094
TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF 1,095
THIS SECTION.
(2) SUBJECT TO DIVISION (E)(3) OF THIS SECTION AND SUBJECT 1,097
TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 1,098
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF 1,099
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 1,100
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 1,101
CODE FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE STATEMENTS, ON 1,102
AND AFTER JANUARY 1, 2000, A POLITICAL ACTION COMMITTEE AND A 1,104
POLITICAL CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF 1,106
THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, AND A STATE POLITICAL 1,107
PARTY MAY FILE THE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF 1,108
THE REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION. WITHIN 1,111
FIVE BUSINESS DAYS AFTER THE FILING DEADLINE SPECIFIED IN 1,112
28
DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE FOR THE 1,115
APPLICABLE STATEMENT, THE SECRETARY OF STATE SHALL MAKE AVAILABLE 1,116
ONLINE TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN 1,117
DIVISION (I) OF THIS SECTION, THE CONTRIBUTION AND EXPENDITURE 1,118
INFORMATION IN ALL STATEMENTS FILED BY A POLITICAL ACTION 1,119
COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,120
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, OR 1,121
A STATE POLITICAL PARTY BY ELECTRONIC OR OTHER MEANS OF 1,122
TRANSMISSION UNDER DIVISION (E)(2) OF THIS SECTION OR SECTION 1,123
3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,124
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE 1,125
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,126
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,128
CODE, THE POLITICAL ACTION COMMITTEE, POLITICAL CONTRIBUTING 1,130
ENTITY, LEGISLATIVE CAMPAIGN FUND, OR STATE POLITICAL PARTY SHALL 1,131
FILE BY ELECTRONIC MEANS OF TRANSMISSION ANY ADDENDUM TO THE 1,132
STATEMENT THAT PROVIDES THE INFORMATION NECESSARY TO COMPLETE OR 1,133
CORRECT THE STATEMENT OR, IF REQUIRED BY THE SECRETARY OF STATE 1,134
UNDER THAT DIVISION, AN AMENDED STATEMENT. WITHIN TEN BUSINESS 1,135
DAYS AFTER A POLITICAL ACTION COMMITTEE OR A POLITICAL 1,136
CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, 1,137
A LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY FILES AN 1,138
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 1,139
OR OTHER MEANS OF TRANSMISSION UNDER DIVISION (E)(2) OF THIS 1,141
SECTION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,142
CODE, THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND 1,143
EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT 1,144
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED 1,146
IN DIVISION (I) OF THIS SECTION.
(3) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 1,148
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 1,149
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS 1,150
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF 1,151
THE REVISED CODE FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE 1,152
29
STATEMENTS, ON AND AFTER JANUARY 1, 2002, A POLITICAL ACTION 1,154
COMMITTEE AND A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,155
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, AND 1,156
A STATE POLITICAL PARTY SHALL FILE THE STATEMENTS PRESCRIBED BY 1,157
SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF 1,159
TRANSMISSION IF THE TOTAL AMOUNT OF THE CONTRIBUTIONS RECEIVED OR 1,161
THE TOTAL AMOUNT OF THE EXPENDITURES MADE BY THE POLITICAL ACTION 1,162
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 1,163
FUND, OR POLITICAL PARTY FOR THE APPLICABLE REPORTING PERIOD AS 1,164
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 1,167
EXCEEDS TEN THOUSAND DOLLARS. WITHIN FIVE BUSINESS DAYS AFTER 1,168
THE FILING DEADLINE SPECIFIED IN DIVISION (A) OF SECTION 3517.10 1,170
OF THE REVISED CODE FOR THE APPLICABLE STATEMENT, THE SECRETARY 1,172
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,173
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,174
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS FILED 1,175
BY A POLITICAL ACTION COMMITTEE OR A POLITICAL CONTRIBUTING 1,176
ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, A
LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY BY 1,177
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION (E)(3) 1,180
OF THIS SECTION OR SECTION 3517.10 OF THE REVISED CODE. IF AN
ELECTRONICALLY FILED STATEMENT IS FOUND TO BE INCOMPLETE OR 1,182
INACCURATE AFTER THE EXAMINATION OF THE STATEMENT FOR 1,183
COMPLETENESS AND ACCURACY PURSUANT TO DIVISION (B)(3)(a) OF 1,184
SECTION 3517.11 OF THE REVISED CODE, THE POLITICAL ACTION 1,186
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 1,187
FUND, OR STATE POLITICAL PARTY SHALL FILE BY ELECTRONIC MEANS OF 1,188
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 1,190
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 1,191
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 1,192
AMENDED STATEMENT. WITHIN TEN BUSINESS DAYS AFTER A POLITICAL
ACTION COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,194
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, OR 1,195
A STATE POLITICAL PARTY FILES AN ADDENDUM TO THE STATEMENT OR AN 1,196
30
AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 1,197
UNDER DIVISION (E)(3) OF THIS SECTION OR DIVISION (B)(3)(a) OF 1,199
SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL 1,200
MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM
OR AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,202
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION. 1,203
(F)(1) SUBJECT TO THE SECRETARY OF STATE HAVING 1,206
IMPLEMENTED, TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY
SYSTEM THE SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION 1,207
(H)(1) OF THIS SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF 1,209
SECTION 3517.10 OF THE REVISED CODE FOR THE ELECTRONIC FILING OF
CAMPAIGN FINANCE STATEMENTS, ON AND AFTER JANUARY 1, 2000, A 1,211
CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE 1,212
GENERAL ASSEMBLY MAY FILE THE STATEMENTS PRESCRIBED BY SECTION 1,213
3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION 1,216
TO THE OFFICE OF THE SECRETARY OF STATE. WITHIN FIVE BUSINESS 1,217
DAYS AFTER THE FILING DEADLINE SPECIFIED IN DIVISION (A) OF 1,218
SECTION 3517.10 OF THE REVISED CODE FOR THE APPLICABLE STATEMENT, 1,221
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC
THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF THIS 1,222
SECTION, THE CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL 1,224
STATEMENTS FILED BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE
OFFICE OF MEMBER OF THE GENERAL ASSEMBLY BY ELECTRONIC OR OTHER 1,225
MEANS OF TRANSMISSION UNDER DIVISION (F)(1) OF THIS SECTION OR 1,226
SECTION 3517.10 OF THE REVISED CODE. IF AN ELECTRONICALLY FILED 1,228
STATEMENT IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE 1,229
EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 1,230
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 1,232
CODE, THE CAMPAIGN COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF 1,234
TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE ANY ADDENDUM 1,235
TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY TO 1,236
COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE 1,237
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT.
WITHIN TEN BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A 1,238
31
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY FILES 1,239
AN ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY 1,240
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION (F)(1) 1,242
OF THIS SECTION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE 1,243
REVISED CODE, THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION 1,245
AND EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT 1,246
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED 1,247
IN DIVISION (I) OF THIS SECTION. 1,248
(2) IF A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE 1,251
OF MEMBER OF THE GENERAL ASSEMBLY FILES A STATEMENT OF 1,252
CONTRIBUTIONS AND EXPENDITURES, AN ADDENDUM TO THE STATEMENT, OR 1,253
AN AMENDED STATEMENT ELECTRONICALLY PURSUANT TO DIVISION (F)(1) 1,254
OF THIS SECTION, THE CAMPAIGN COMMITTEE SHALL FILE AS PRESCRIBED 1,255
BY SECTION 3517.10 OF THE REVISED CODE WITH THE APPROPRIATE BOARD
OF ELECTIONS SPECIFIED IN DIVISION (A)(2) OF SECTION 3517.11 OF 1,257
THE REVISED CODE A PRINTED VERSION OF THE ELECTRONICALLY FILED 1,259
STATEMENT, ADDENDUM, OR AMENDED STATEMENT IN THE FORMAT THAT THE 1,260
SECRETARY OF STATE SHALL PRESCRIBE.
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION AND 1,263
SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 1,264
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF 1,265
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 1,266
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 1,267
CODE FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE STATEMENTS, ON 1,268
AND AFTER JANUARY 1, 2000, ANY INDIVIDUAL, PARTNERSHIP, OR OTHER 1,271
ENTITY THAT MAKES INDEPENDENT EXPENDITURES IN SUPPORT OF OR
OPPOSITION TO A STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE 1,272
OR QUESTION AS PROVIDED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF 1,274
SECTION 3517.105 OF THE REVISED CODE MAY FILE THE STATEMENT 1,275
SPECIFIED IN THAT DIVISION BY ELECTRONIC MEANS OF TRANSMISSION. 1,277
WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE FOR THE 1,278
APPLICABLE STATEMENT AS PROVIDED IN DIVISION (B)(2)(b) OR 1,280
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE, THE SECRETARY 1,281
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,283
32
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,284
EXPENDITURE INFORMATION IN ALL STATEMENTS FILED BY AN INDIVIDUAL, 1,285
PARTNERSHIP, OR OTHER ENTITY BY ELECTRONIC OR OTHER MEANS OF 1,286
TRANSMISSION UNDER THIS DIVISION OR DIVISION (B)(2)(b) OR 1,289
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE. IF AN 1,291
ELECTRONICALLY FILED STATEMENT IS FOUND TO BE INCOMPLETE OR 1,292
INACCURATE AFTER THE EXAMINATION OF THE STATEMENT FOR 1,293
COMPLETENESS AND ACCURACY PURSUANT TO DIVISION (B)(3)(a) OF 1,294
SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, PARTNERSHIP, 1,297
OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF TRANSMISSION 1,298
ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION 1,299
NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY 1,300
THE SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 1,301
WITHIN TEN BUSINESS DAYS AFTER AN INDIVIDUAL, PARTNERSHIP, OR 1,302
OTHER ENTITY DESCRIBED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF 1,304
SECTION 3517.105 OF THE REVISED CODE FILES AN ADDENDUM TO THE 1,305
STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF 1,307
TRANSMISSION UNDER THIS DIVISION OR DIVISION (B)(3)(a) OF SECTION 1,308
3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE 1,311
THE EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT 1,312
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED 1,313
IN DIVISION (I) OF THIS SECTION. 1,314
(2) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 1,316
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 1,317
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS 1,318
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF 1,319
THE REVISED CODE FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE 1,320
STATEMENTS, ON AND AFTER JANUARY 1, 2002, ANY INDIVIDUAL, 1,321
PARTNERSHIP, OR OTHER ENTITY THAT MAKES INDEPENDENT EXPENDITURES 1,323
IN SUPPORT OF OR OPPOSITION TO A STATEWIDE CANDIDATE OR A 1,324
STATEWIDE BALLOT ISSUE OR QUESTION AS PROVIDED IN DIVISION 1,325
(B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE 1,327
SHALL FILE THE STATEMENT SPECIFIED IN THAT DIVISION BY ELECTRONIC 1,328
MEANS OF TRANSMISSION IF THE TOTAL AMOUNT OF THE INDEPENDENT 1,329
33
EXPENDITURES MADE DURING THE REPORTING PERIOD UNDER THAT DIVISION 1,330
EXCEEDS TEN THOUSAND DOLLARS. WITHIN FIVE BUSINESS DAYS AFTER 1,332
THE FILING DEADLINE FOR THE APPLICABLE STATEMENT AS PROVIDED IN 1,333
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,335
REVISED CODE, THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE 1,337
TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) 1,339
OF THIS SECTION, THE EXPENDITURE INFORMATION IN ALL STATEMENTS 1,340
FILED BY AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY BY 1,341
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR 1,343
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE 1,344
REVISED CODE. IF AN ELECTRONICALLY FILED STATEMENT IS FOUND TO 1,346
BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,347
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,348
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, 1,350
PARTNERSHIP, OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF 1,351
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 1,353
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 1,354
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 1,355
AMENDED STATEMENT. WITHIN TEN BUSINESS DAYS AFTER AN INDIVIDUAL, 1,356
PARTNERSHIP, OR OTHER ENTITY DESCRIBED IN DIVISION (B)(2)(b) OR 1,357
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE FILES AN 1,358
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 1,359
OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR DIVISION 1,360
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY 1,361
OF STATE SHALL MAKE THE EXPENDITURE INFORMATION IN THE ADDENDUM
OR AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,363
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION.
(H)(1) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 1,366
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE ONE OR MORE 1,369
TECHNIQUES BY WHICH A PERSON WHO EXECUTES AND TRANSMITS BY 1,370
ELECTRONIC MEANS A STATEMENT OF CONTRIBUTIONS AND EXPENDITURES, A 1,371
STATEMENT OF INDEPENDENT EXPENDITURES, AN ADDENDUM TO EITHER 1,372
STATEMENT, AN AMENDED STATEMENT OF CONTRIBUTIONS AND
EXPENDITURES, OR AN AMENDED STATEMENT OF INDEPENDENT EXPENDITURES 1,373
34
UNDER THIS SECTION OR SECTION 3517.10 OR 3517.105 OF THE REVISED 1,375
CODE SHALL ELECTRONICALLY SIGN THE STATEMENT, ADDENDUM, OR 1,377
AMENDED STATEMENT. ANY TECHNIQUE PRESCRIBED BY THE SECRETARY OF 1,378
STATE PURSUANT TO DIVISION (H)(1) OF THIS SECTION SHALL CREATE AN 1,379
ELECTRONIC SIGNATURE THAT SATISFIES ALL OF THE FOLLOWING:
(a) IT IS UNIQUE TO THE SIGNER. 1,381
(b) IT OBJECTIVELY IDENTIFIES THE SIGNER. 1,383
(c) IT INVOLVES THE USE OF A SIGNATURE DEVICE OR OTHER 1,385
MEANS OR METHOD THAT IS UNDER THE SOLE CONTROL OF THE SIGNER AND 1,386
THAT CANNOT BE READILY DUPLICATED OR COMPROMISED. 1,387
(d) IT IS CREATED AND LINKED TO THE ELECTRONIC RECORD TO 1,389
WHICH IT RELATES IN A MANNER THAT, IF THE RECORD OR SIGNATURE IS 1,390
INTENTIONALLY OR UNINTENTIONALLY CHANGED AFTER SIGNING, THE 1,392
ELECTRONIC SIGNATURE IS INVALIDATED.
(2) AN ELECTRONIC SIGNATURE PRESCRIBED BY THE SECRETARY OF 1,394
STATE UNDER DIVISION (H)(1) OF THIS SECTION SHALL BE ATTACHED TO 1,397
OR ASSOCIATED WITH THE STATEMENT OF CONTRIBUTIONS AND 1,398
EXPENDITURES, THE STATEMENT OF INDEPENDENT EXPENDITURES, THE 1,399
ADDENDUM TO EITHER STATEMENT, THE AMENDED STATEMENT OF
CONTRIBUTIONS AND EXPENDITURES, OR THE AMENDED STATEMENT OF 1,400
INDEPENDENT EXPENDITURES THAT IS EXECUTED AND TRANSMITTED BY 1,402
ELECTRONIC MEANS BY THE PERSON TO WHOM THE ELECTRONIC SIGNATURE 1,403
IS ATTRIBUTED. THE ELECTRONIC SIGNATURE THAT IS ATTACHED TO OR 1,404
ASSOCIATED WITH THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT 1,405
UNDER DIVISION (H)(2) OF THIS SECTION SHALL BE BINDING ON ALL 1,406
PERSONS AND FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING 1,407
LAW AS IF THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED 1,408
FORM OF THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT. 1,409
(I) THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND 1,411
EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL ADDENDA TO THE 1,412
STATEMENTS, AND ALL AMENDED STATEMENTS THAT ARE FILED WITH THE 1,413
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 1,414
UNDER THIS SECTION OR SECTION 3517.10, 3517.105, OR 3517.11 OF 1,415
THE REVISED CODE AVAILABLE ONLINE TO THE PUBLIC BY ANY MEANS THAT 1,416
35
ARE SEARCHABLE, VIEWABLE, AND ACCESSIBLE THROUGH THE INTERNET. 1,417
(J) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 1,427
SECTION 3517.993 OF THE REVISED CODE OF THE FAILURE TO 1,428
ELECTRONICALLY FILE A CAMPAIGN FINANCE STATEMENT AS REQUIRED BY 1,429
THIS SECTION OR SECTION 3517.10 OR 3517.105 OF THE REVISED CODE
THAT ALL OF THE FOLLOWING APPLY TO THE CAMPAIGN COMMITTEE, 1,431
POLITICAL ACTION COMMITTEE, LEGISLATIVE CAMPAIGN FUND, POLITICAL 1,432
PARTY, POLITICAL CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, 1,433
OR OTHER ENTITY THAT FAILED TO FILE THE REQUIRED STATEMENT: 1,434
(1) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 1,435
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 1,436
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 1,437
ATTEMPTED TO ELECTRONICALLY FILE THE REQUIRED STATEMENT PRIOR TO 1,438
THE DEADLINE SET FORTH IN THE APPLICABLE SECTION.
(2) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 1,439
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 1,440
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 1,441
WAS UNABLE TO FILE ELECTRONICALLY DUE TO AN EXPECTED OR 1,442
UNEXPECTED SHUT DOWN OF THE WHOLE OR PART OF THE ELECTRONIC
CAMPAIGN FINANCE STATEMENT-FILING SYSTEM, SUCH AS FOR MAINTENANCE 1,443
OR BECAUSE OF HARDWARE, SOFTWARE, OR NETWORK CONNECTION FAILURE. 1,444
(3) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 1,445
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 1,446
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 1,447
SUBSEQUENTLY ELECTRONICALLY FILED THE REQUIRED STATEMENT WITHIN A 1,448
REASONABLE PERIOD OF TIME.
Sec. 3517.11. (A)(1) Campaign committees of candidates 1,451
for statewide offices or the state board of education, political 1,452
action committees or political contributing entities that make 1,453
contributions to campaign committees of candidates that are 1,455
required to file the statements prescribed by section 3517.10 of 1,456
the Revised Code with the secretary of state, political action 1,457
committees or political contributing entities that make 1,458
contributions to campaign committees of candidates for member of 1,459
36
the general assembly, political action committees or political 1,460
contributing entities that make contributions to state and 1,461
national political parties and to legislative campaign funds, 1,463
political action committees or political contributing entities
that receive contributions or make expenditures in connection 1,465
with a statewide ballot issue, political action committees or 1,466
political contributing entities that make contributions to other 1,468
political action committees or political contributing entities, 1,469
political parties, and campaign committees, except as set forth 1,470
in division (A)(3) of this section, legislative campaign funds, 1,471
and state and national political parties shall file the 1,473
statements prescribed by section 3517.10 of the Revised Code with 1,474
the secretary of state.
(2) Campaign SUBJECT TO DIVISION (F) OF SECTION 3517.106 1,476
OF THE REVISED CODE, CAMPAIGN committees of candidates for all 1,477
other offices shall file the statements prescribed by section 1,478
3517.10 of the Revised Code with the board of elections where 1,479
their candidates are required to file their petitions or other 1,480
papers for nomination or election. 1,481
(3) Political action committees or political contributing 1,483
entities that only contribute to a county political party, 1,485
contribute to campaign committees of candidates whose nomination 1,486
or election is to be submitted only to electors within a county, 1,487
subdivision, or district, excluding candidates for member of the 1,488
general assembly, and receive contributions or make expenditures 1,489
in connection with ballot questions or issues to be submitted 1,490
only to electors within a county, subdivision, or district, shall 1,491
file the statements prescribed by section 3517.10 of the Revised 1,492
Code with the board of elections in that county or in the county 1,493
contained in whole or part within the subdivision or district 1,494
having a population greater than that of any other county 1,495
contained in whole or part within that subdivision or district, 1,496
as the case may be.
(4) County political parties shall file the statements 1,498
37
prescribed by section 3517.10 of the Revised Code with the board 1,499
of elections of their respective counties. 1,500
(B)(1) The official with whom petitions and other papers 1,502
for nomination or election to public office are filed shall 1,503
furnish each candidate at the time of that filing a copy of 1,504
sections 3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 1,506
3599.03, and 3599.031 of the Revised Code and any other materials 1,507
that the secretary of state may require. Each candidate 1,508
receiving the materials shall acknowledge their receipt in 1,509
writing. Each board of elections shall send a copy of each
statement, addendum, amendment, or other correction to a 1,510
statement filed with or received by it for a candidate for member 1,511
of the general assembly to the secretary of state not later than 1,512
two business days after the statement, addendum, amendment, or 1,513
other correction is filed with or received by the board, EXCEPT 1,514
WHEN THE STATEMENT, ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO 1,515
THE STATEMENT IS ELECTRONICALLY FILED WITH THE SECRETARY OF STATE 1,516
PURSUANT TO SECTION 3517.106 OF THE REVISED CODE.
(2) On or before the tenth day before the dates on which 1,518
statements are required to be filed by section 3517.10 of the 1,519
Revised Code, every candidate subject to the provisions of this 1,520
section and section SECTIONS 3517.10 AND 3517.106 of the Revised 1,522
Code shall be notified of the requirements and applicable 1,524
penalties of those sections. The secretary of state, by certified 1,525
mail with, return receipt requested, shall notify all candidates 1,527
required to file those statements with the secretary of state's 1,528
office. The board of elections of every county shall notify by 1,530
first class mail any candidate who has personally appeared at the 1,531
office of the board on or before the tenth day before the 1,532
statements are required to be filed and signed a form, to be 1,534
provided by the secretary of state, attesting that the candidate 1,535
has been notified of the candidate's obligations under the 1,536
campaign finance REPORTING law. The board shall forward the 1,537
completed form to the secretary of state. The board shall use 1,539
38
certified mail with, return receipt requested, to notify all 1,540
other candidates required to file those statements with it. 1,541
(3)(a) Any statement required to be filed under sections 1,543
3517.081 to 3517.17 of the Revised Code that is found to be 1,545
incomplete or inaccurate by the officer to whom it is submitted
shall be accepted on a conditional basis, and the person who 1,546
filed it shall be notified by certified mail as to the incomplete 1,547
or inaccurate nature of the statement. The secretary of state 1,548
may examine statements filed for candidates for the office of 1,549
member of the general assembly for completeness and accuracy. ON 1,550
AND AFTER JANUARY 1, 2000, THE SECRETARY OF STATE SHALL EXAMINE 1,551
FOR COMPLETENESS AND ACCURACY STATEMENTS THAT ARE ELECTRONICALLY 1,553
FILED BY CAMPAIGN COMMITTEES OF CANDIDATES FOR THE OFFICE OF 1,554
MEMBER OF THE GENERAL ASSEMBLY PURSUANT TO SECTION 3517.106 OF 1,555
THE REVISED CODE. If an officer at the board of elections where 1,556
a statement of that type FILED FOR A CANDIDATE FOR THE OFFICE OF 1,557
MEMBER OF THE GENERAL ASSEMBLY was submitted finds the statement 1,558
to be incomplete or inaccurate, the officer shall immediately 1,559
notify the secretary of state of its incomplete or inaccurate 1,561
nature. If either an officer at the board of elections or the 1,562
secretary of state finds a statement of that type FILED FOR A 1,563
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY to be 1,564
incomplete or inaccurate, only the secretary of state shall send 1,565
the notification as to the incomplete or inaccurate nature of the 1,566
statement. Within WITHIN twenty-one days after receipt of THE 1,569
notice, in the case of a pre-election PREELECTION statement, a 1,570
postelection statement, a monthly statement, or an annual 1,571
statement prescribed by section 3517.10, an annual statement 1,572
prescribed by section 3517.101, or a statement prescribed by 1,574
division (B)(2)(b) or (D)(C)(2)(b) of section 3517.105 or section 1,576
3517.107 of the Revised Code, the recipient shall file an 1,579
addendum, AMENDMENT, OR OTHER CORRECTION to the statement 1,580
providing the information necessary to complete or correct the 1,581
statement. THE SECRETARY OF STATE MAY REQUIRE THAT, IN LIEU OF 1,582
39
FILING AN ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT 1,583
THAT IS FILED BY ELECTRONIC MEANS OF TRANSMISSION TO THE OFFICE 1,584
OF THE SECRETARY OF STATE PURSUANT TO SECTION 3517.106 OF THE 1,586
REVISED CODE, THE RECIPIENT OF THE NOTICE DESCRIBED IN DIVISION 1,587
(B)(3)(a) OF THIS SECTION FILE BY ELECTRONIC MEANS OF 1,588
TRANSMISSION AN AMENDED STATEMENT THAT INCORPORATES THE 1,589
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT. The 1,591
secretary of state shall determine by rule when an addendum,
AMENDMENT, OR OTHER CORRECTION to a two-business-day statement 1,593
prescribed by section 3517.10 of the Revised Code OR AN AMENDED 1,594
TWO-BUSINESS-DAY STATEMENT shall be filed. AN ADDENDUM, 1,595
AMENDMENT, OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY 1,596
ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO SECTION 3517.106 OF 1,597
THE REVISED CODE SHALL BE FILED IN THE SAME MANNER AS THE
STATEMENT. THE PROVISIONS OF SECTIONS 3517.10 AND 3517.106 OF 1,598
THE REVISED CODE PERTAINING TO THE ELECTRONIC FILING OF 1,599
STATEMENTS OF CONTRIBUTIONS AND EXPENDITURES AND STATEMENTS OF 1,600
INDEPENDENT EXPENDITURES APPLY TO THE ELECTRONIC FILING OF 1,601
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO THOSE STATEMENTS AND 1,602
THE ELECTRONIC FILING OF AMENDED STATEMENTS.
(b) WITHIN TEN BUSINESS DAYS AFTER THE FILING WITH THE 1,604
SECRETARY OF STATE, BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, 1,605
OF AN ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT OR 1,606
OF AN AMENDED STATEMENT UNDER DIVISION (B)(3)(a) OF THIS SECTION, 1,607
THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), (F), (G), AND 1,608
(I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL MAKE THE 1,609
CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT ADDENDUM, 1,611
AMENDMENT, CORRECTION, OR AMENDED STATEMENT AVAILABLE ONLINE TO
THE PUBLIC THROUGH THE INTERNET. AS USED IN DIVISION (B)(3)(b) 1,613
OF THIS SECTION, "INTERNET" HAS THE SAME MEANING AS IN SECTION 1,614
3517.106 OF THE REVISED CODE.
(4)(a) The secretary of state or the board of elections 1,617
shall examine all statements for compliance with sections 3517.08 1,618
to 3517.17 of the Revised Code. 1,619
40
(b) The secretary of state may contract with an individual 1,621
or entity not associated with the secretary of state and 1,623
experienced in interpreting the campaign finance reporting law of 1,624
this state to conduct examinations of statements filed by any 1,625
statewide candidate, as this term is defined in section 3517.103 1,626
of the Revised Code. 1,627
(c) The examination shall be conducted by a person or 1,630
entity qualified to conduct it. The results of the examination 1,631
shall be available to the public, and, when the examination is 1,632
conducted by an individual or entity not associated with the 1,634
secretary of state, the results of the examination shall be 1,635
reported to the secretary of state.
(C)(1) In the event of a failure to file or a late filing 1,637
of a statement required to be filed under sections 3517.081 to 1,638
3517.17 of the Revised Code or if a filed statement or any 1,639
addendum to the statement, if an addendum is required to be 1,640
filed, is incomplete or inaccurate, or appears to disclose a 1,641
failure to comply with or a violation of law, the official whose 1,643
duty it is to examine the statement shall promptly file a 1,644
complaint with the Ohio elections commission under section 1,646
3517.153 of the Revised Code if the law is one over which the
commission has jurisdiction to hear complaints, or the official 1,648
shall promptly report the failure or violation to the board of 1,650
elections and the board shall promptly report it to the 1,651
prosecuting attorney in accordance with division (J) of section 1,652
3501.11 of the Revised Code. If the official files a complaint 1,653
with the commission, the commission shall proceed in accordance 1,654
with sections 3517.154 to 3517.157 of the Revised Code. 1,655
(2) For purposes of division (C)(1) of this section, a 1,657
statement or an addendum to a statement required to be filed 1,659
under sections 3517.081 to 3517.17 of the Revised Code is 1,661
incomplete or inaccurate under this section if the statement or 1,662
addendum fails to disclose substantially all contributions that 1,663
are received from a source and that are required to be reported 1,664
41
under sections 3517.10, 3517.107, and 3517.108 of the Revised 1,666
Code or if the statement or addendum fails to disclose at least 1,668
ninety per cent of the total contributions received or of the 1,669
total expenditures made during the reporting period. 1,670
(D) No certificate of nomination or election shall be 1,672
issued to a person, and no person elected to an office shall 1,674
enter upon the performance of the duties of that office, until 1,675
that person or that person's campaign committee, as appropriate, 1,678
has fully complied with this section and sections 3517.08, 1,680
3517.081, 3517.10, and 3517.13 of the Revised Code.
Section 2. That existing sections 3517.10, 3517.105, 1,682
3517.106, and 3517.11 of the Revised Code are hereby repealed. 1,683
Section 3. That the version of section 3517.10 of the 1,685
Revised Code that takes effect on January 1, 2000, be amended to 1,686
read as follows:
Sec. 3517.10. (A) Except as otherwise provided in this 1,695
division, every campaign committee, political action committee, 1,696
legislative campaign fund, political party, and political 1,697
contributing entity that made or received a contribution or made 1,698
an expenditure in connection with the nomination or election of 1,699
any candidate or in connection with any ballot issue or question 1,700
at any election held or to be held in this state shall file, on a 1,701
form prescribed under this section OR BY ELECTRONIC MEANS OF 1,702
TRANSMISSION AS PROVIDED IN THIS SECTION AND SECTION 3517.106 OF 1,703
THE REVISED CODE, a full, true, and itemized statement, made 1,705
under penalty of election falsification, setting forth in detail 1,706
the contributions and expenditures, no later than four p.m. of 1,707
the following dates:
(1) The twelfth day before the election to reflect 1,709
contributions received and expenditures made from the close of 1,710
business on the last day reflected in the last previously filed 1,711
statement, if any, to the close of business on the twentieth day 1,712
before the election; 1,713
(2) The thirty-eighth day after the election to reflect 1,715
42
the contributions received and expenditures made from the close 1,716
of business on the last day reflected in the last previously 1,717
filed statement, if any, to the close of business on the seventh 1,718
day before the filing of the statement; 1,719
(3) The last business day of January of every year to 1,721
reflect the contributions received and expenditures made from the 1,722
close of business on the last day reflected in the last 1,723
previously filed statement, if any, to the close of business on 1,724
the last day of December of the previous year. 1,725
A campaign committee shall only be required to file the 1,727
statements prescribed under divisions (A)(1) and (2) of this 1,728
section in connection with the nomination or election of the 1,729
committee's candidate. 1,730
The statement required under division (A)(1) of this 1,732
section shall not be required of any campaign committee, 1,733
political action committee, legislative campaign fund, political 1,735
party, or political contributing entity that has received 1,737
contributions of less than one thousand dollars and has made 1,738
expenditures of less than one thousand dollars at the close of 1,739
business on the twentieth day before the election. Those 1,740
contributions and expenditures shall be reported in the statement 1,741
required under division (A)(2) of this section. 1,742
If an election to select candidates to appear on the 1,744
general election ballot is held within sixty days before a 1,745
general election, the campaign committee of a successful 1,746
candidate in the earlier election may file the statement required 1,747
by division (A)(1) of this section for the general election 1,748
instead of the statement required by division (A)(2) of this 1,749
section for the earlier election if the pregeneral election 1,751
statement reflects the status of contributions and expenditures 1,752
for the period twenty days before the earlier election to twenty 1,753
days before the general election. 1,754
If a person becomes a candidate less than twenty days 1,756
before an election, the candidate's campaign committee is not 1,757
43
required to file the statement required by division (A)(1) of 1,759
this section.
No statement under division (A)(3) of this section shall be 1,761
required for any year in which a campaign committee, political 1,762
action committee, legislative campaign fund, political party, or 1,764
political contributing entity is required to file a postgeneral 1,765
election statement under division (A)(2) of this section. 1,768
However, such a statement may be filed, at the option of the 1,769
campaign committee, political action committee, legislative 1,770
campaign fund, political party, or political contributing entity. 1,771
No statement under division (A)(3) of this section shall be 1,773
required if the campaign committee, political action committee, 1,774
legislative campaign fund, political party, or political 1,775
contributing entity has no contributions that it has received and 1,777
no expenditures that it has made since the last date reflected in 1,779
its last previously filed statement. However, the campaign 1,780
committee, political action committee, legislative campaign fund, 1,782
political party, or political contributing entity shall file a 1,783
statement to that effect, on a form prescribed under this section 1,785
and made under penalty of election falsification, on the date 1,786
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 1,789
a monthly statement of contributions received during each of the 1,790
months of July, August, and September in the year of the general 1,792
election in which the candidate seeks office. The campaign 1,793
committee of a statewide candidate shall file the monthly 1,794
statement not later than three business days after the last day 1,795
of the month covered by the statement. During the period 1,797
beginning on the nineteenth day before the general election in 1,798
which a statewide candidate seeks election to office and 1,799
extending through the day of that general election, each time the 1,800
campaign committee of the joint candidates for the offices of 1,801
governor and lieutenant governor or of a candidate for the office 1,802
of secretary of state, auditor of state, treasurer of state, or 1,803
44
attorney general receives a contribution from a contributor that 1,804
causes the aggregate amount of contributions received from that 1,805
contributor during that period to equal or exceed two thousand 1,806
five hundred dollars and each time the campaign committee of a 1,808
candidate for the office of chief justice or justice of the 1,809
supreme court receives a contribution from a contributor that 1,810
causes the aggregate amount of contributions received from that 1,811
contributor during that period to exceed five hundred dollars, 1,812
the campaign committee shall file a two-business-day statement 1,813
reflecting that contribution. The two-business-day statement 1,815
shall be filed not later than two business days after receipt of 1,816
the contribution. The statements required by this paragraph 1,817
shall be filed in addition to any other statements required by 1,818
this section.
SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 1,820
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 1,821
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISIONS (C)(6)(b) AND 1,822
(D)(6) OF THIS SECTION AND DIVISION (H)(1) OF SECTION 3517.106 OF 1,824
THE REVISED CODE FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE 1,825
STATEMENTS, A CAMPAIGN COMMITTEE OF A STATEWIDE CANDIDATE SHALL 1,826
FILE A TWO-BUSINESS-DAY STATEMENT UNDER THE PRECEDING PARAGRAPH 1,827
BY ELECTRONIC MEANS OF TRANSMISSION IF THE CAMPAIGN COMMITTEE IS 1,830
REQUIRED TO FILE A PREELECTION, POSTELECTION, OR MONTHLY 1,831
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES BY ELECTRONIC MEANS 1,832
OF TRANSMISSION UNDER THIS SECTION OR SECTION 3517.106 OF THE 1,833
REVISED CODE. 1,834
If a campaign committee or political action committee has 1,836
no balance on hand and no outstanding obligations and desires to 1,837
terminate itself, it shall file a statement to that effect, on a 1,838
form prescribed under this section and made under penalty of 1,839
election falsification, with the official with whom it files a 1,840
statement under division (A) of this section after filing a final 1,841
statement of contributions and a final statement of expenditures, 1,842
if contributions have been received or expenditures made since 1,843
45
the period reflected in its last previously filed statement. 1,844
(B) Except as otherwise provided in division (C)(7) of 1,846
this section, each statement required by division (A) of this 1,847
section shall contain the following information: 1,848
(1) The full name and address of each campaign committee, 1,850
political action committee, legislative campaign fund, political 1,852
party, or political contributing entity, including any treasurer 1,853
of the committee, fund, party, or entity, filing a contribution 1,854
and expenditure statement; 1,855
(2)(a) In the case of a campaign committee, the 1,857
candidate's full name and address; 1,858
(b) In the case of a political action committee, the 1,860
registration number assigned to the committee under division 1,862
(D)(1) of this section. 1,863
(3) The date of the election and whether it was or will be 1,865
a general, primary, or special election; 1,866
(4) A statement of contributions received, which shall 1,868
include THE FOLLOWING INFORMATION: 1,869
(a) The month, day, and year of the contribution; 1,871
(b)(i) The full name and address of each person, political 1,874
party, campaign committee, legislative campaign fund, political 1,875
action committee, or political contributing entity from whom 1,876
contributions are received and the registration number assigned 1,878
to the political action committee under division (D)(1) of this 1,879
section. The requirement of filing the full address does not 1,880
apply to any statement filed by a state or local committee of a 1,882
political party, to a finance committee of such committee, or to 1,884
a committee recognized by a state or local committee as its 1,885
fund-raising auxiliary. Notwithstanding division (F)(1) of this 1,886
section, the requirement of filing the full address shall be 1,888
considered as being met if the address filed is the same address 1,889
the contributor provided under division (E)(1) of this section. 1,891
(ii) If a campaign committee of a statewide candidate or 1,893
candidate for the office of member of the general assembly 1,894
46
receives a contribution from an individual that exceeds one 1,896
hundred dollars, the name of the individual's current employer, 1,897
if any, or, if the individual is self-employed, the individual's 1,899
occupation;
(iii) If a campaign committee of a statewide candidate or 1,901
candidate for the office of member of the general assembly 1,902
receives a contribution transmitted pursuant to section 3599.031 1,904
of the Revised Code from amounts deducted from the wages and 1,905
salaries of two or more employees that exceeds in the aggregate 1,907
one hundred dollars during any one filing period under division 1,909
(A)(1), (2), or (3) of this section, the full name of the 1,910
employees' employer and the full name of the labor organization 1,911
of which the employees are members, if any. 1,913
(c) A description of the contribution received, if other 1,915
than money; 1,916
(d) The value in dollars and cents of the contribution; 1,918
(e) A separately itemized account of all contributions and 1,920
expenditures regardless of the amount, except a receipt of a 1,922
contribution from a person in the sum of twenty-five dollars or 1,923
less at one social or fund-raising activity and a receipt of a 1,924
contribution transmitted pursuant to section 3599.031 of the 1,925
Revised Code from amounts deducted from the wages and salaries of 1,926
employees if the contribution from the amount deducted from the 1,927
wages and salary of any one employee is twenty-five dollars or 1,928
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 1,929
include a description of and the value of each in-kind 1,930
contribution received at that activity from any person who made 1,931
one or more such contributions whose aggregate value exceeded two 1,932
hundred fifty dollars and shall be listed separately, together 1,933
with the expenses incurred and paid in connection with that 1,934
activity. A campaign committee, political action committee, 1,935
legislative campaign fund, political party, or political 1,936
contributing entity shall keep records of contributions from each 1,937
47
person in the amount of twenty-five dollars or less at one social 1,938
or fund-raising activity and contributions from amounts deducted 1,939
under section 3599.031 of the Revised Code from the wages and 1,940
salary of each employee in the amount of twenty-five dollars or 1,941
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 1,943
party as an auxiliary of the party and that makes a contribution 1,944
from funds derived solely from regular dues paid by members of 1,945
the auxiliary shall be required to list the name or address of 1,946
any members who paid those dues.
Contributions that are other income shall be itemized 1,948
separately from all other contributions. The information 1,949
required under division (B)(4) of this section shall be provided 1,951
for all other income itemized. As used in this paragraph, "other 1,952
income" means a loan, investment income, or interest income. 1,953
(f) In the case of a campaign committee of a state elected 1,956
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 1,958
to the campaign committee of that officer, the information 1,959
required under division (B)(4) of this section in regard to that 1,960
contribution, which shall be filed together with and considered a 1,961
part of the committee's statement of contributions as required 1,962
under division (A) of this section but shall be filed on a 1,964
separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: 1,965
(i) "State elected officer" has the same meaning as in 1,968
section 3517.092 of the Revised Code. 1,969
(ii) "Person doing business" means a person or an officer 1,972
of an entity who enters into one or more contracts with a state 1,973
elected officer or anyone authorized to enter into contracts on 1,974
behalf of that officer to receive payments for goods or services, 1,975
if the payments total, in the aggregate, more than five thousand 1,976
dollars during a calendar year. 1,977
(5) A statement of expenditures which shall include THE 1,979
48
FOLLOWING INFORMATION: 1,980
(a) The month, day, and year of the expenditure; 1,982
(b) The full name and address of each person, political 1,984
party, campaign committee, legislative campaign fund, political 1,985
action committee, or political contributing entity to whom the 1,986
expenditure was made and the registration number assigned to the 1,988
political action committee under division (D)(1) of this section; 1,989
(c) The object or purpose for which the expenditure was 1,991
made; 1,992
(d) The amount of each expenditure. 1,994
(C)(1) The statement of contributions and expenditures 1,996
shall be signed by the person completing the form. IF A 1,997
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES IS ELECTRONICALLY 1,998
FILED PURSUANT TO THIS SECTION OR SECTION 3517.106 OF THE REVISED 1,999
CODE, THE ELECTRONIC SIGNATURE OF THE PERSON WHO EXECUTES THE 2,000
STATEMENT AND TRANSMITS THE STATEMENT ELECTRONICALLY, AS PROVIDED 2,001
IN DIVISION (H) OF SECTION 3517.106 OF THE REVISED CODE, SHALL BE 2,002
ATTACHED TO OR ASSOCIATED WITH THE STATEMENT AND SHALL BE BINDING 2,003
FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS IF 2,004
THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM. 2,005
(2) The person filing the statement shall, under penalty 2,007
of election falsification, SHALL include with it a list of each 2,008
anonymous contribution, the circumstances under which it was 2,009
received, and the reason it cannot be attributed to a specific 2,010
donor.
(3) Each statement of a campaign committee of a candidate 2,012
who holds public office shall contain a designation of each 2,013
contributor who is an employee in any unit or department under 2,014
the candidate's direct supervision and control. In a space 2,015
provided in the statement, the person filing the statement shall 2,016
affirm that each such contribution was voluntarily made. 2,017
(4) A campaign committee that did not receive 2,019
contributions or make expenditures in connection with the 2,021
nomination or election of its candidate shall file a statement to 2,022
49
that effect, on a form prescribed under this section and made 2,023
under penalty of election falsification, on the date required in 2,024
division (A)(2) of this section. 2,025
(5) The campaign committee of any person who attempts to 2,027
become a candidate and who, for any reason, does not become 2,028
certified in accordance with Title XXXV of the Revised Code for 2,029
placement on the official ballot of a primary, general, or 2,030
special election to be held in this state, and who, at any time 2,031
prior to or after an election, receives contributions or makes 2,032
expenditures, or has given consent for another to receive 2,033
contributions or make expenditures, for the purpose of bringing 2,034
about the person's nomination or election to public office, shall 2,035
file the statement or statements prescribed by this section and a 2,036
termination statement, if applicable. This paragraph does not 2,037
apply to any person with respect to an election to the offices of 2,038
member of a county or state central committee, presidential 2,039
elector, or delegate to a national convention or conference of a 2,040
political party. 2,041
(6)(a) The statements required to be filed under this 2,043
section shall specify the balance in the hands of the campaign 2,045
committee, political action committee, legislative campaign fund, 2,046
political party, or political contributing entity and the 2,047
disposition intended to be made of that balance. 2,048
(b) The SECRETARY OF STATE SHALL PRESCRIBE THE form for 2,050
all statements required to be filed under this section shall be 2,052
prescribed by the secretary of state, and furnished SHALL FURNISH 2,054
THE FORMS to the boards of elections in the several counties, and 2,055
the. THE boards of elections shall supply printed copies of 2,056
those forms without charge. The secretary of state may require 2,057
that SHALL PRESCRIBE THE APPROPRIATE METHODOLOGY, PROTOCOL, AND 2,058
DATA FILE STRUCTURE FOR THE ELECTRONIC TRANSMISSION OF STATEMENTS 2,060
REQUIRED OR PERMITTED TO BE FILED ELECTRONICALLY UNDER DIVISION 2,061
(A) OF THIS SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 2,063
3517.106 OF THE REVISED CODE. SUBJECT TO DIVISION (A) OF THIS 2,064
50
SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 OF 2,066
THE REVISED CODE, the statements required to be stored on 2,068
computer by the secretary of state under divisions (A)(1) to (4) 2,070
DIVISION (B) of section 3517.106 of the Revised Code SHALL be 2,071
filed in whatever format the secretary of state considers 2,072
necessary so that TO ENABLE the secretary of state may TO store 2,074
the information contained in the statements on computer. Any 2,075
such format shall be of a type and nature that is readily 2,076
available to whoever is required to file the statements in that 2,078
format.
(c) THE SECRETARY OF STATE SHALL ASSESS THE NEED FOR 2,080
TRAINING REGARDING THE ELECTRONIC FILING OF CAMPAIGN FINANCE 2,081
STATEMENTS AND ASSOCIATED TECHNOLOGIES FOR CANDIDATES, CAMPAIGN 2,082
COMMITTEES, POLITICAL ACTION COMMITTEES, LEGISLATIVE CAMPAIGN 2,083
FUNDS, POLITICAL PARTIES, POLITICAL CONTRIBUTING ENTITIES, OR 2,084
INDIVIDUALS, PARTNERSHIPS, OR OTHER ENTITIES REQUIRED OR
PERMITTED TO FILE STATEMENTS ELECTRONICALLY UNDER THIS SECTION OR 2,085
SECTION 3517.105 OR 3517.106 OF THE REVISED CODE. IF, IN THE 2,086
OPINION OF THE SECRETARY OF STATE, TRAINING IN THESE AREAS IS 2,087
NECESSARY, THE SECRETARY OF STATE SHALL ARRANGE FOR THE PROVISION 2,088
OF VOLUNTARY TRAINING PROGRAMS FOR CANDIDATES, CAMPAIGN
COMMITTEES, POLITICAL ACTION COMMITTEES, LEGISLATIVE CAMPAIGN 2,089
FUNDS, POLITICAL PARTIES, POLITICAL CONTRIBUTING ENTITIES, AND 2,090
INDIVIDUALS, PARTNERSHIPS, AND OTHER ENTITIES. 2,091
(7) Each monthly statement and each two-business-day 2,092
statement required by division (A) of this section shall contain 2,094
the information required by divisions (B)(1) to (4), (C)(2), and, 2,096
if appropriate, (C)(3) of this section. Each statement shall be 2,098
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 2,100
expenditure, every campaign committee, political action 2,101
committee, legislative campaign fund, political party, or 2,102
political contributing entity shall appoint a treasurer and shall 2,103
file, on a form prescribed by the secretary of state, a 2,104
51
designation of that appointment, including the full name and 2,106
address of the treasurer and of the campaign committee, political 2,107
action committee, legislative campaign fund, political party, or 2,109
political contributing entity. That designation shall be filed 2,110
with the official with whom the campaign committee, political 2,111
action committee, legislative campaign fund, political party, or 2,112
political contributing entity is required to file statements 2,113
under section 3517.11 of the Revised Code. The name of a 2,114
campaign committee shall include at least the last name of the
campaign committee's candidate. The secretary of state shall 2,115
assign a registration number to each political action committee 2,117
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 2,119
is required by division (A)(1) of section 3517.11 of the Revised 2,121
Code to file the statements prescribed by this section with the 2,123
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 2,125
section shall keep a strict account of all contributions, from 2,127
whom received and the purpose for which they were disbursed. 2,128
(3)(a) Except as otherwise provided in section 3517.108 of 2,130
the Revised Code, a campaign committee shall deposit all monetary 2,131
contributions received by the committee into an account separate 2,133
from a personal or business account of the candidate or campaign 2,134
committee.
(b) A political action committee shall deposit all 2,137
monetary contributions received by the committee into an account 2,138
separate from all other funds.
(c) A state or county political party may establish a 2,141
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 2,142
fund under section 3517.17 of the Revised Code and from all other 2,144
funds. A state or county political party may deposit into its 2,145
state candidate fund any amounts of monetary contributions that 2,146
are made to or accepted by the political party subject to the 2,147
52
applicable limitations, if any, prescribed in section 3517.102 of 2,148
the Revised Code. A state or county political party shall 2,150
deposit all other monetary contributions received by the party 2,151
into one or more accounts that are separate from its state 2,152
candidate fund and from its account that contains the public 2,153
moneys received from the Ohio political party fund under section 2,154
3517.17 of the Revised Code.
(d) Each state political party shall have only one 2,156
legislative campaign fund for each house of the general assembly. 2,157
Each such fund shall be separate from any other funds or accounts 2,158
of that state party. A legislative campaign fund is authorized 2,159
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 2,160
of that political party to the house of the general assembly with 2,161
which that legislative campaign fund is associated. Each 2,162
legislative campaign fund shall be administered and controlled in 2,163
a manner designated by the caucus. As used in division (D)(3)(d) 2,164
of this section, "caucus" has the same meaning as in section 2,165
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 2,166
the caucus is associated, or that chairperson's designee. 2,167
(4) Every expenditure in excess of twenty-five dollars 2,169
shall be vouched for by a receipted bill, stating the purpose of 2,171
the expenditures, that shall be filed with the statement of 2,173
expenditures. A canceled check with a notation of the purpose of 2,174
the expenditure is a receipted bill for purposes of division 2,175
(D)(4) of this section. 2,176
(5) The secretary of state or the board of elections, as 2,179
the case may be, shall issue a receipt for each statement filed 2,181
under this section and shall preserve a copy of the receipt for a 2,183
period of at least six years. All statements filed under this 2,185
section shall be open to public inspection in the office where 2,187
they are filed and shall be carefully preserved for a period of 2,188
at least six years after the year in which they are filed. 2,189
53
(6) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 2,192
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE THE MANNER 2,195
OF ACKNOWLEDGING AND PRESERVING THE RECEIPT OF STATEMENTS THAT 2,196
ARE ELECTRONICALLY TRANSMITTED TO THE SECRETARY OF STATE PURSUANT 2,197
TO THIS SECTION OR SECTION 3517.106 OF THE REVISED CODE AND THE 2,199
MANNER OF PRESERVING THE CONTRIBUTION AND EXPENDITURE INFORMATION 2,200
IN THOSE STATEMENTS. THE SECRETARY OF STATE SHALL PRESERVE THE 2,202
CONTRIBUTION AND EXPENDITURE INFORMATION IN THOSE STATEMENTS FOR 2,203
AT LEAST TEN YEARS AFTER THE YEAR IN WHICH THEY ARE 2,204
ELECTRONICALLY FILED. 2,205
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), 2,208
(F), (G), AND (I) OF SECTION 3517.106 OF THE REVISED CODE, SHALL
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 2,209
CONTRIBUTION AND EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL 2,211
ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO STATEMENTS, AND ALL 2,212
AMENDED STATEMENTS FILED WITH THE SECRETARY OF STATE BY
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS SECTION, 2,213
DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105, OR SECTION 2,215
3517.106 OR 3517.11 OF THE REVISED CODE.
(E)(1) Any person, political party, campaign committee, 2,217
legislative campaign fund, political action committee, or 2,218
political contributing entity that makes a contribution in 2,219
connection with any ballot issue or question at any election held 2,220
or to be held in this state shall provide its full name and 2,221
address to the recipient of the contribution at the time the 2,222
contribution is made. The political action committee also shall 2,224
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 2,226
contribution at the time the contribution is made. 2,228
(2) Any individual who makes a contribution that exceeds 2,231
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 2,232
assembly shall provide the name of the individual's current 2,233
employer, if any, or, if the individual is self-employed, the 2,235
54
individual's occupation to the recipient of the contribution at 2,236
the time the contribution is made. Sections 3599.39 and 3599.40 2,237
of the Revised Code do not apply to division (E)(2) of this 2,238
section. 2,239
(3) If a campaign committee shows that it has exercised 2,241
its best efforts to obtain, maintain, and submit the information 2,242
required under divisions (B)(4)(b)(ii) and (iii) of this section, 2,244
that committee is considered to have met the requirements of
those divisions. A campaign committee shall not be considered to 2,247
have exercised its best efforts unless, in connection with 2,248
written solicitations, it regularly includes a written request 2,249
for the information required under division (B)(4)(b)(ii) of this 2,250
section from the contributor or the information required under 2,251
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 2,252
(4) Any check that a political action committee uses to 2,254
make a contribution or an expenditure shall contain the full name 2,255
and address of the committee and the registration number assigned 2,256
to the committee under division (D)(1) of this section. 2,257
(F) As used in this section: 2,259
(1) "Address" means all of the following if they exist: 2,262
apartment number, street, road, or highway name and number, rural 2,263
delivery route number, city or village, state, and zip code as 2,264
used in a person's post-office address, but not post-office box. 2,265
If an address is required in this section, a post-office box and 2,266
office, room, or suite number may be included in addition to but 2,267
not in lieu of an apartment, street, road, or highway name and 2,269
number. If an address is required in this section, a campaign 2,272
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 2,275
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 2,276
political action committee, legislative campaign fund, political 2,278
party, or political contributing entity may be used in addition 2,279
55
to that address.
(2) "Statewide candidate" means the joint candidates for 2,281
the offices of governor and lieutenant governor or a candidate 2,282
for the office of secretary of state, auditor of state, treasurer 2,283
of state, attorney general, member of the state board of 2,284
education, chief justice of the supreme court, or justice of the 2,285
supreme court.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 2,287
OF THE REVISED CODE.
(G) An independent expenditure shall be reported whenever 2,290
and in the same manner that an expenditure is required to be
reported under this section and shall be reported pursuant to 2,291
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 2,292
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 2,295
this section, if, during the combined preelection and 2,296
postelection reporting periods for an election, a campaign 2,298
committee has received contributions of five hundred dollars or 2,299
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 2,300
under penalty of election falsification, in lieu of the statement 2,301
required by division (A)(2) of this section. The statement shall 2,302
indicate the total amount of contributions received and the total 2,303
amount of expenditures made during those combined reporting 2,305
periods.
(2) In the case of a successful candidate at a primary 2,307
election, if either the total contributions received by or the 2,309
total expenditures made by the candidate's campaign committee 2,310
during the preprimary, postprimary, pregeneral, and postgeneral 2,311
election periods combined equal more than five hundred dollars, 2,312
the campaign committee may file the statement under division 2,313
(H)(1) of this section only for the primary election. The first 2,315
statement that the campaign committee files in regard to the 2,316
general election shall reflect all contributions received and all 2,317
56
expenditures made during the preprimary and postprimary election 2,318
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 2,320
if a campaign committee receives contributions or makes 2,321
expenditures prior to the first day of January of the year of the 2,322
election at which the candidate seeks nomination or election to 2,324
office or if the campaign committee does not file a termination 2,325
statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its 2,326
postgeneral election statement in the case of other candidates. 2,327
(I) In the case of a contribution made by a partnership or 2,329
unincorporated business, all of the following apply: 2,331
(1) The recipient of the contribution shall report the 2,333
contribution by listing both the partnership or unincorporated 2,334
business and the name of the partner or owner making the 2,335
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 2,337
the contribution shall be considered to have been made by the 2,338
partner or owner reported under division (I)(1) of this section. 2,339
(3) No contribution from a partnership or unincorporated 2,341
business shall be accepted unless the recipient reports the 2,342
contribution under division (I)(1) of this section. 2,343
(J) A candidate shall have only one campaign committee at 2,345
any given time for all of the offices for which the person is a 2,346
candidate or holds office. 2,347
(K)(1) In addition to filing a designation of appointment 2,349
of a treasurer under division (D)(1) of this section, the 2,351
campaign committee of any candidate for an elected municipal 2,352
office that pays an annual amount of compensation of five 2,353
thousand dollars or less, the campaign committee of any candidate 2,354
for member of a board of education except member of the state 2,355
board of education, or the campaign committee of any candidate 2,356
for township trustee or township clerk may sign, under penalty of 2,357
election falsification, a certificate attesting that the 2,358
57
committee will not accept contributions during an election period 2,359
that exceed in the aggregate two thousand dollars from all 2,360
contributors and one hundred dollars from any one individual, and 2,361
that the campaign committee will not make expenditures during an 2,362
election period that exceed in the aggregate two thousand 2,363
dollars.
The certificate shall be on a form prescribed by the 2,365
secretary of state and shall be filed not later than ten days 2,366
after the candidate files a declaration of candidacy and 2,367
petition, a nominating petition, or a declaration of intent to be 2,369
a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of 2,371
this section, a campaign committee that files a certificate under 2,373
division (K)(1) of this section is not required to file the 2,374
statements required by division (A) of section 3517.10 of the
Revised Code. 2,375
(3) If, after filing a certificate under division (K)(1) 2,377
of this section, a campaign committee exceeds any of the 2,378
limitations described in that division during an election period, 2,380
the certificate is void and thereafter the campaign committee 2,381
shall file the statements required by division (A) of section 2,382
3517.10 of this THE Revised Code. If the campaign committee has 2,383
not previously filed a statement, then on the first statement the 2,384
campaign committee is required to file under division (A) of 2,385
section 3517.10 of the Revised Code after the committee's 2,386
certificate is void, the committee shall report all contributions 2,387
received and expenditures made from the time the candidate filed 2,388
the candidate's declaration of candidacy and petition, nominating 2,389
petition, or declaration of intent to be a write-in candidate. 2,390
(4) As used in division (K) of this section, "election 2,392
period" means the period of time beginning on the day a person 2,393
files a declaration of candidacy and petition, nominating 2,394
petition, or declaration of intent to be a write-in candidate 2,395
through the day of the election at which the person seeks 2,396
58
nomination to office if the person is not elected to office, or, 2,397
if the candidate was nominated in a primary election, the day of 2,399
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 2,403
political contributing entity that receives contributions from 2,404
the dues, membership fees, or other assessments of its members or 2,405
from its officers, shareholders, and employees may report the 2,406
aggregate amount of contributions received from those 2,407
contributors and the number of individuals making those 2,408
contributions, for each filing period identified under divisions 2,409
(A)(1), (2), and (3) of this section. Division (B)(4) of this 2,411
section applies to a political contributing entity with regard to 2,412
contributions it receives from all other contributors. 2,413
Section 4. That all existing versions of section 3517.10 2,415
of the Revised Code are hereby repealed. 2,416
Section 5. Sections 3 and 4 of this act shall take effect 2,418
January 1, 2000.