As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 119 6
1999-2000 7
REPRESENTATIVES AMSTUTZ-LOGAN-SULZER-MAIER-SYKES- 9
OLMAN-FORD-TRAKAS-OGG-SULLIVAN-PERRY-O'BRIEN-PETERSON- 11
SENATORS SPADA-SCHAFRATH-WATTS-GARDNER-FURNEY-BLESSING
_________________________________________________________________ 13
A B I L L
To amend sections 3517.10, 3517.102, 3517.103, 15
3517.105, 3517.106, 3517.109, 3517.1010, 3517.11, 16
3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 17
3517.156, 3517.992, and 3517.993 of the Revised
Code and to repeal Section 7 of Am. Sub. S.B. 116 18
of the 122nd General Assembly to provide for the 19
electronic filing of campaign finance statements 20
beginning January 1, 2001, to require the 21
Secretary of State to make available on the 22
Internet contribution and expenditure information 23
from all statements filed electronically or 24
otherwise, to make changes to the Ohio Elections
Commission Law, to continue existing provisions 25
of the Campaign Finance Reporting Law pertaining 26
to the use of personal funds and what funds may
be "carried into" an election, to make other 27
changes in the Elections Law, to repeal the 28
versions of sections 3517.10, 3517.102, 3517.103,
3517.154, 3517.155, and 3517.992 of the Revised 29
Code that are scheduled to take effect January 1, 30
2000, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 3517.10, 3517.102, 3517.103, 34
2
3517.105, 3517.106, 3517.109, 3517.1010, 3517.11, 3517.13, 36
3517.151, 3517.152, 3517.154, 3517.155, 3517.156, 3517.992, and 37
3517.993 of the Revised Code be amended to read as follows:
Sec. 3517.10. (A) Except as otherwise provided in this 46
division, every campaign committee, political action committee, 47
legislative campaign fund, political party, and political 48
contributing entity that made or received a contribution or made 50
an expenditure in connection with the nomination or election of 51
any candidate or in connection with any ballot issue or question 52
at any election held or to be held in this state shall file, on a 53
form prescribed under this section, BY ELECTRONIC MEANS OF 54
TRANSMISSION AS PROVIDED IN THIS SECTION AND SECTION 3517.106 OF 55
THE REVISED CODE, OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK AS 56
PROVIDED IN SECTION 3517.106 OF THE REVISED CODE, a full, true, 58
and itemized statement, made under penalty of election 60
falsification, setting forth in detail the contributions and 61
expenditures, no later than four p.m. of the following dates: 62
(1) The twelfth day before the election to reflect 64
contributions received and expenditures made from the close of 65
business on the last day reflected in the last previously filed 66
statement, if any, to the close of business on the twentieth day 67
before the election; 68
(2) The thirty-eighth day after the election to reflect 70
the contributions received and expenditures made from the close 71
of business on the last day reflected in the last previously 72
filed statement, if any, to the close of business on the seventh 73
day before the filing of the statement; 74
(3) The last business day of January of every year to 76
reflect the contributions received and expenditures made from the 77
close of business on the last day reflected in the last 78
previously filed statement, if any, to the close of business on 79
the last day of December of the previous year. 80
A campaign committee shall only be required to file the 82
statements prescribed under divisions (A)(1) and (2) of this 83
3
section in connection with the nomination or election of the 84
committee's candidate. 85
The statement required under division (A)(1) of this 87
section shall not be required of any campaign committee, 88
political action committee, legislative campaign fund, political 90
party, or political contributing entity that has received 92
contributions of less than one thousand dollars and has made 93
expenditures of less than one thousand dollars at the close of 94
business on the twentieth day before the election. Those 95
contributions and expenditures shall be reported in the statement 96
required under division (A)(2) of this section. 97
If an election to select candidates to appear on the 99
general election ballot is held within sixty days before a 100
general election, the campaign committee of a successful 101
candidate in the earlier election may file the statement required 102
by division (A)(1) of this section for the general election 103
instead of the statement required by division (A)(2) of this 104
section for the earlier election if the pregeneral election 106
statement reflects the status of contributions and expenditures 107
for the period twenty days before the earlier election to twenty 108
days before the general election. 109
If a person becomes a candidate less than twenty days 111
before an election, the candidate's campaign committee is not 112
required to file the statement required by division (A)(1) of 114
this section.
No statement under division (A)(3) of this section shall be 116
required for any year in which a campaign committee, political 117
action committee, legislative campaign fund, political party, or 119
political contributing entity is required to file a postgeneral 121
election statement under division (A)(2) of this section. 124
However, such a statement may be filed, at the option of the 125
campaign committee, political action committee, legislative 126
campaign fund, political party, or political contributing entity. 127
No statement under division (A)(3) of this section shall be 129
4
required if the campaign committee, political action committee, 130
legislative campaign fund, political party, or political 131
contributing entity has no contributions that it has received and 133
no expenditures that it has made since the last date reflected in 135
its last previously filed statement. However, the campaign 136
committee, political action committee, legislative campaign fund, 138
political party, or political contributing entity shall file a 140
statement to that effect, on a form prescribed under this section 141
and made under penalty of election falsification, on the date 142
required in division (A)(3) of this section.
The campaign committee of a statewide candidate shall file 145
a monthly statement of contributions received during each of the 146
months of July, August, and September in the year of the general 147
election in which the candidate seeks office. The campaign 148
committee of a statewide candidate shall file the monthly 149
statement not later than three business days after the last day 150
of the month covered by the statement. The campaign committee of 151
a statewide candidate that files a notice under division (C)(1) 153
of section 3517.103 of the Revised Code and the campaign 154
committee of a statewide candidate to which, in accordance with 155
division (D) of section 3517.103 of the Revised Code, the 156
contribution limitations prescribed in section 3517.102 of the 157
Revised Code no longer apply shall file an additional monthly 159
statement of contributions received during the primary election 160
period in the year of the primary election in which the candidate 161
seeks nomination to office beginning with contributions received 162
after the last business day in the committee's last previously 164
filed statement, if any, through the fifteenth day of March. 165
That statement shall be filed not later than three business days 166
after the fifteenth day of March. Contributions reported in the 167
additional monthly statement of contributions shall also be 168
included in the campaign committee's pre-primary election 169
statement required under division (A)(1) of this section. During 170
the period beginning on the nineteenth day before the general 172
5
election in which a statewide candidate seeks election to office 173
and extending through the day of that general election, each time 174
the campaign committee of the joint candidates for the offices of 175
governor and lieutenant governor or of a candidate for the office 176
of secretary of state, auditor of state, treasurer of state, or 177
attorney general receives a contribution from a contributor that 178
causes the aggregate amount of contributions received from that 179
contributor during that period to equal or exceed two thousand 180
five hundred dollars and each time the campaign committee of a 181
candidate for the office of chief justice or justice of the 182
supreme court receives a contribution from a contributor that 183
causes the aggregate amount of contributions received from that 184
contributor during that period to exceed five hundred dollars, 185
the campaign committee shall file a two-business-day statement 186
reflecting that contribution. During the period beginning on the 187
nineteenth day before a primary election in which a candidate for 189
statewide office seeks nomination to office and extending through 190
the day of that primary election, each time either the campaign 191
committee of a statewide candidate in that primary election that 192
files a notice under division (C)(1) of section 3517.103 of the 193
Revised Code or the campaign committee of a statewide candidate 195
in that primary election to which, in accordance with division 196
(D) of section 3517.103 of the Revised Code, the contribution 197
limitations prescribed in section 3517.102 of the Revised Code no 199
longer apply receives a contribution from a contributor that 200
causes the aggregate amount of contributions received from that 201
contributor during that period to exceed two thousand five 202
hundred dollars, the campaign committee shall file a 203
two-business-day statement reflecting that contribution. 204
Contributions reported on a two-business-day statement required 206
to be filed by a campaign committee of a statewide candidate in a 207
primary election shall also be included in the post-primary 208
POSTPRIMARY election statement required to be filed by that 210
campaign committee under division (A)(2) of this section. A 211
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two-business-day statement required by this paragraph shall be 212
filed not later than two business days after receipt of the 213
contribution. The statements required by this paragraph shall be 214
filed in addition to any other statements required by this 215
section.
The secretary of state may permit the filing of 217
two-business-day statements by facsimile or other electronic 218
means of transmission UNTIL JANUARY 1, 2001. SUBJECT TO THE 219
SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND VERIFIED THE 220
SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF STATE 221
PRESCRIBES PURSUANT TO DIVISIONS (C)(6)(B) AND (D)(6) OF THIS 222
SECTION AND DIVISION (H)(1) OF SECTION 3517.106 OF THE REVISED 223
CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC 224
MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2001, A CAMPAIGN 225
COMMITTEE OF A STATEWIDE CANDIDATE SHALL FILE A TWO-BUSINESS-DAY 226
STATEMENT UNDER THE PRECEDING PARAGRAPH BY ELECTRONIC MEANS OF 228
TRANSMISSION IF THE CAMPAIGN COMMITTEE IS REQUIRED TO FILE A 230
PREELECTION, POSTELECTION, OR MONTHLY STATEMENT OF CONTRIBUTIONS 231
AND EXPENDITURES BY ELECTRONIC MEANS OF TRANSMISSION UNDER THIS 232
SECTION OR SECTION 3517.106 OF THE REVISED CODE. 234
If a campaign committee or political action committee has 236
no balance on hand and no outstanding obligations and desires to 237
terminate itself, it shall file a statement to that effect, on a 238
form prescribed under this section and made under penalty of 239
election falsification, with the official with whom it files a 240
statement under division (A) of this section after filing a final 241
statement of contributions and a final statement of expenditures, 242
if contributions have been received or expenditures made since 243
the period reflected in its last previously filed statement. 244
(B) Except as otherwise provided in division (C)(7) of 246
this section, each statement required by division (A) of this 247
section shall contain the following information: 248
(1) The full name and address of each campaign committee, 250
political action committee, legislative campaign fund, political 252
7
party, or political contributing entity, including any treasurer 254
of the committee, fund, party, or entity, filing a contribution 255
and expenditure statement;
(2)(a) In the case of a campaign committee, the 257
candidate's full name and address; 258
(b) In the case of a political action committee, the 260
registration number assigned to the committee under division 261
(D)(1) of this section. 262
(3) The date of the election and whether it was or will be 264
a general, primary, or special election; 265
(4) A statement of contributions received, which shall 267
include THE FOLLOWING INFORMATION: 268
(a) The month, day, and year of the contribution; 270
(b)(i) The full name and address of each person, political 272
party, campaign committee, legislative campaign fund, political 274
action committee, or political contributing entity from whom 275
contributions are received and the registration number assigned 276
to the political action committee under division (D)(1) of this 277
section. The requirement of filing the full address does not 278
apply to any statement filed by a state or local committee of a 279
political party, to a finance committee of such committee, or to 281
a committee recognized by a state or local committee as its 282
fund-raising auxiliary. Notwithstanding division (F)(1) of this 283
section, the requirement of filing the full address shall be 284
considered as being met if the address filed is the same address 285
the contributor provided under division (E)(1) of this section. 286
(ii) If a campaign committee of a statewide candidate or 288
candidate for the office of member of the general assembly 289
receives a contribution from an individual that exceeds one 290
hundred dollars, the name of the individual's current employer, 291
if any, or, if the individual is self-employed, the individual's 293
occupation;
(iii) If a campaign committee of a statewide candidate or 295
candidate for the office of member of the general assembly 296
8
receives a contribution transmitted pursuant to section 3599.031 298
of the Revised Code from amounts deducted from the wages and 299
salaries of two or more employees that exceeds in the aggregate 301
one hundred dollars during any one filing period under division 302
(A)(1), (2), or (3) of this section, the full name of the 303
employees' employer and the full name of the labor organization
of which the employees are members, if any. 304
(c) A description of the contribution received, if other 306
than money; 307
(d) The value in dollars and cents of the contribution; 309
(e) A separately itemized account of all contributions and 311
expenditures regardless of the amount, except a receipt of a 312
contribution from a person in the sum of twenty-five dollars or 313
less at one social or fund-raising activity and a receipt of a 314
contribution transmitted pursuant to section 3599.031 of the 315
Revised Code from amounts deducted from the wages and salaries of 316
employees if the contribution from the amount deducted from the 317
wages and salary of any one employee is twenty-five dollars or 318
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall 319
include a description of and the value of each in-kind 320
contribution received at that activity from any person who made 321
one or more such contributions whose aggregate value exceeded two 322
hundred fifty dollars and shall be listed separately, together 323
with the expenses incurred and paid in connection with that 324
activity. A campaign committee, political action committee, 325
legislative campaign fund, political party, or political 326
contributing entity shall keep records of contributions from each 327
person in the amount of twenty-five dollars or less at one social 328
or fund-raising activity and contributions from amounts deducted 329
under section 3599.031 of the Revised Code from the wages and 330
salary of each employee in the amount of twenty-five dollars or 331
less aggregated in a calendar year. No continuing association
that is recognized by a state or local committee of a political 332
9
party as an auxiliary of the party and that makes a contribution 333
from funds derived solely from regular dues paid by members of 334
the auxiliary shall be required to list the name or address of 335
any members who paid those dues.
Contributions that are other income shall be itemized 337
separately from all other contributions. The information 338
required under division (B)(4) of this section shall be provided 340
for all other income itemized. As used in this paragraph, "other 341
income" means a loan, investment income, or interest income. 342
(f) In the case of a campaign committee of a state elected 345
officer, if a person doing business with the state elected
officer in the officer's official capacity makes a contribution 346
to the campaign committee of that officer, the information 347
required under division (B)(4) of this section in regard to that 348
contribution, which shall be filed together with and considered a 349
part of the committee's statement of contributions as required 350
under division (A) of this section but shall be filed on a 352
separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: 353
(i) "State elected officer" has the same meaning as in 356
section 3517.092 of the Revised Code. 357
(ii) "Person doing business" means a person or an officer 360
of an entity who enters into one or more contracts with a state 361
elected officer or anyone authorized to enter into contracts on 362
behalf of that officer to receive payments for goods or services, 363
if the payments total, in the aggregate, more than five thousand 364
dollars during a calendar year. 365
(5) A statement of expenditures which shall include THE 367
FOLLOWING INFORMATION: 368
(a) The month, day, and year of the expenditure; 370
(b) The full name and address of each person, political 372
party, campaign committee, legislative campaign fund, political 374
action committee, or political contributing entity to whom the 375
expenditure was made and the registration number assigned to the 376
10
political action committee under division (D)(1) of this section; 378
(c) The object or purpose for which the expenditure was 380
made; 381
(d) The amount of each expenditure. 383
(C)(1) The statement of contributions and expenditures 385
shall be signed by the person completing the form. IF A 386
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES IS FILED BY 387
ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO THIS SECTION OR 389
SECTION 3517.106 OF THE REVISED CODE, THE ELECTRONIC SIGNATURE OF 390
THE PERSON WHO EXECUTES THE STATEMENT AND TRANSMITS THE STATEMENT 391
BY ELECTRONIC MEANS OF TRANSMISSION, AS PROVIDED IN DIVISION (H) 392
OF SECTION 3517.106 OF THE REVISED CODE, SHALL BE ATTACHED TO OR 393
ASSOCIATED WITH THE STATEMENT AND SHALL BE BINDING ON ALL PERSONS 394
AND FOR ALL PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS 395
IF THE SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM. 396
(2) The person filing the statement shall, under penalty 398
of election falsification, SHALL include with it a list of each 399
anonymous contribution, the circumstances under which it was 400
received, and the reason it cannot be attributed to a specific 401
donor.
(3) Each statement of a campaign committee of a candidate 403
who holds public office shall contain a designation of each 404
contributor who is an employee in any unit or department under 405
the candidate's direct supervision and control. In a space 406
provided in the statement, the person filing the statement shall 407
affirm that each such contribution was voluntarily made. 408
(4) A campaign committee that did not receive 410
contributions or make expenditures in connection with the 411
nomination or election of its candidate shall file a statement to 412
that effect, on a form prescribed under this section and made 413
under penalty of election falsification, on the date required in 414
division (A)(2) of this section. 415
(5) The campaign committee of any person who attempts to 417
become a candidate and who, for any reason, does not become 418
11
certified in accordance with Title XXXV of the Revised Code for 419
placement on the official ballot of a primary, general, or 420
special election to be held in this state, and who, at any time 421
prior to or after an election, receives contributions or makes 422
expenditures, or has given consent for another to receive 423
contributions or make expenditures, for the purpose of bringing 424
about the person's nomination or election to public office, shall 425
file the statement or statements prescribed by this section and a 426
termination statement, if applicable. This paragraph does not 427
apply to any person with respect to an election to the offices of 428
member of a county or state central committee, presidential 429
elector, or delegate to a national convention or conference of a 430
political party. 431
(6)(a) The statements required to be filed under this 433
section shall specify the balance in the hands of the campaign 435
committee, political action committee, legislative campaign fund, 436
political party, or political contributing entity and the 437
disposition intended to be made of that balance. 438
(b) The SECRETARY OF STATE SHALL PRESCRIBE THE form for 440
all statements required to be filed under this section shall be 442
prescribed by the secretary of state, and furnished SHALL FURNISH 444
THE FORMS to the boards of elections in the several counties, and 445
the. THE boards of elections shall supply printed copies of 446
those forms without charge. The secretary of state may require 447
that SHALL PRESCRIBE THE APPROPRIATE METHODOLOGY, PROTOCOL, AND 448
DATA FILE STRUCTURE FOR STATEMENTS REQUIRED OR PERMITTED TO BE 451
FILED BY ELECTRONIC MEANS OF TRANSMISSION UNDER DIVISION (A) OF
THIS SECTION AND DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 453
OF THE REVISED CODE AND FOR STATEMENTS PERMITTED TO BE FILED ON 454
COMPUTER DISK UNDER DIVISION (F) OF SECTION 3517.106 OF THE 456
REVISED CODE. SUBJECT TO DIVISION (A) OF THIS SECTION AND 457
DIVISIONS (E), (F), AND (G) OF SECTION 3517.106 OF THE REVISED 460
CODE, the statements required to be stored on computer by the 461
secretary of state under divisions (A)(1) to (4) DIVISION (B) of 462
12
section 3517.106 of the Revised Code SHALL be filed in whatever 463
format the secretary of state considers necessary so that TO 464
ENABLE the secretary of state may TO store the information 465
contained in the statements on computer. Any such format shall 467
be of a type and nature that is readily available to whoever is
required to file the statements in that format. 468
(c) THE SECRETARY OF STATE SHALL ASSESS THE NEED FOR 470
TRAINING REGARDING THE FILING OF CAMPAIGN FINANCE STATEMENTS BY 471
ELECTRONIC MEANS OF TRANSMISSION AND REGARDING ASSOCIATED 472
TECHNOLOGIES FOR CANDIDATES, CAMPAIGN COMMITTEES, POLITICAL 473
ACTION COMMITTEES, LEGISLATIVE CAMPAIGN FUNDS, POLITICAL PARTIES, 474
POLITICAL CONTRIBUTING ENTITIES, OR INDIVIDUALS, PARTNERSHIPS, OR 475
OTHER ENTITIES REQUIRED OR PERMITTED TO FILE STATEMENTS BY 476
ELECTRONIC MEANS OF TRANSMISSION UNDER THIS SECTION OR SECTION 477
3517.105 OR 3517.106 OF THE REVISED CODE. IF, IN THE OPINION OF 478
THE SECRETARY OF STATE, TRAINING IN THESE AREAS IS NECESSARY, THE 479
SECRETARY OF STATE SHALL ARRANGE FOR THE PROVISION OF VOLUNTARY 480
TRAINING PROGRAMS FOR CANDIDATES, CAMPAIGN COMMITTEES, POLITICAL 481
ACTION COMMITTEES, LEGISLATIVE CAMPAIGN FUNDS, POLITICAL PARTIES, 482
POLITICAL CONTRIBUTING ENTITIES, AND INDIVIDUALS, PARTNERSHIPS,
AND OTHER ENTITIES. 483
(7) Each monthly statement and each two-business-day 485
statement required by division (A) of this section shall contain 486
the information required by divisions (B)(1) to (4), (C)(2), and, 487
if appropriate, (C)(3) of this section. Each statement shall be 489
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an 491
expenditure, every campaign committee, political action 492
committee, legislative campaign fund, political party, or 493
political contributing entity shall appoint a treasurer and shall 495
file, on a form prescribed by the secretary of state, a 496
designation of that appointment, including the full name and 498
address of the treasurer and of the campaign committee, political 499
action committee, legislative campaign fund, political party, or 501
13
political contributing entity. That designation shall be filed 502
with the official with whom the campaign committee, political 504
action committee, legislative campaign fund, political party, or 505
political contributing entity is required to file statements 506
under section 3517.11 of the Revised Code. The name of a 507
campaign committee shall include at least the last name of the 508
campaign committee's candidate. The secretary of state shall 510
assign a registration number to each political action committee 511
that files a designation of the appointment of a treasurer under
division (D)(1) of this section if the political action committee 512
is required by division (A)(1) of section 3517.11 of the Revised 513
Code to file the statements prescribed by this section with the 514
secretary of state.
(2) The treasurer appointed under division (D)(1) of this 516
section shall keep a strict account of all contributions, from 517
whom received and the purpose for which they were disbursed. 518
(3)(a) Except as otherwise provided in section 3517.108 of 520
the Revised Code, a campaign committee shall deposit all monetary 521
contributions received by the committee into an account separate 522
from a personal or business account of the candidate or campaign 523
committee.
(b) A political action committee shall deposit all 526
monetary contributions received by the committee into an account 527
separate from all other funds.
(c) A state or county political party may establish a 530
state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party 531
fund under section 3517.17 of the Revised Code and from all other 532
funds. A state or county political party may deposit into its 533
state candidate fund any amounts of monetary contributions that 534
are made to or accepted by the political party subject to the 535
applicable limitations, if any, prescribed in section 3517.102 of 536
the Revised Code. A state or county political party shall 537
deposit all other monetary contributions received by the party 538
14
into one or more accounts that are separate from its state 539
candidate fund and from its account that contains the public 540
moneys received from the Ohio political party fund under section 541
3517.17 of the Revised Code.
(d) Each state political party shall have only one 543
legislative campaign fund for each house of the general assembly. 544
Each such fund shall be separate from any other funds or accounts 545
of that state party. A legislative campaign fund is authorized 546
to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members 547
of that political party to the house of the general assembly with 548
which that legislative campaign fund is associated. Each 549
legislative campaign fund shall be administered and controlled in 550
a manner designated by the caucus. As used in division (D)(3)(d) 551
of this section, "caucus" has the same meaning as in section 552
3517.01 of the Revised Code and includes, as an ex officio
member, the chairperson of the state political party with which 553
the caucus is associated, or that chairperson's designee. 554
(4) Every expenditure in excess of twenty-five dollars 556
shall be vouched for by a receipted bill, stating the purpose of 557
the expenditures, that shall be filed with the statement of 558
expenditures. A canceled check with a notation of the purpose of 559
the expenditure is a receipted bill for purposes of division 560
(D)(4) of this section. 561
(5) The secretary of state or the board of elections, as 563
the case may be, shall issue a receipt for each statement filed 564
under this section and shall preserve a copy of the receipt for a 565
period of at least six years. All statements filed under this 566
section shall be open to public inspection in the office where 568
they are filed and shall be carefully preserved for a period of 569
at least six years after the year in which they are filed. 570
(6) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 573
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE THE MANNER 576
OF IMMEDIATELY ACKNOWLEDGING, WITH DATE AND TIME RECEIVED, AND
15
PRESERVING THE RECEIPT OF STATEMENTS THAT ARE TRANSMITTED BY 578
ELECTRONIC MEANS OF TRANSMISSION TO THE SECRETARY OF STATE 579
PURSUANT TO THIS SECTION OR SECTION 3517.106 OF THE REVISED CODE 582
AND THE MANNER OF PRESERVING THE CONTRIBUTION AND EXPENDITURE 583
INFORMATION IN THOSE STATEMENTS. THE SECRETARY OF STATE SHALL 585
PRESERVE THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THOSE
STATEMENTS FOR AT LEAST TEN YEARS AFTER THE YEAR IN WHICH THEY 587
ARE FILED BY ELECTRONIC MEANS OF TRANSMISSION. 588
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISION (I) OF 591
SECTION 3517.106 OF THE REVISED CODE, SHALL MAKE AVAILABLE ONLINE 592
TO THE PUBLIC THROUGH THE INTERNET THE CONTRIBUTION AND
EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL ADDENDA, 594
AMENDMENTS, OR OTHER CORRECTIONS TO STATEMENTS, AND ALL AMENDED 595
STATEMENTS FILED WITH THE SECRETARY OF STATE BY ELECTRONIC OR
OTHER MEANS OF TRANSMISSION UNDER THIS SECTION, DIVISION 597
(B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105, OR SECTION 3517.106 598
OR 3517.11 OF THE REVISED CODE. THE SECRETARY OF STATE MAY 599
REMOVE THE INFORMATION FROM THE INTERNET AFTER A REASONABLE
PERIOD OF TIME. 600
(E)(1) Any person, political party, campaign committee, 602
legislative campaign fund, political action committee, or 604
political contributing entity that makes a contribution in 605
connection with the nomination or election of any candidate or in 606
connection with any ballot issue or question at any election held 607
or to be held in this state shall provide its full name and 608
address to the recipient of the contribution at the time the 609
contribution is made. The political action committee also shall 611
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the 612
contribution at the time the contribution is made. 613
(2) Any individual who makes a contribution that exceeds 616
one hundred dollars to a campaign committee of a statewide
candidate or candidate for the office of member of the general 617
assembly shall provide the name of the individual's current 618
16
employer, if any, or, if the individual is self-employed, the 620
individual's occupation to the recipient of the contribution at 621
the time the contribution is made. Sections 3599.39 and 3599.40 622
of the Revised Code do not apply to THIS division (E)(2) of this 623
section.
(3) If a campaign committee shows that it has exercised 625
its best efforts to obtain, maintain, and submit the information 626
required under divisions (B)(4)(b)(ii) and (iii) of this section, 627
that committee is considered to have met the requirements of 628
those divisions. A campaign committee shall not be considered to 629
have exercised its best efforts unless, in connection with 630
written solicitations, it regularly includes a written request 631
for the information required under division (B)(4)(b)(ii) of this 632
section from the contributor or the information required under 633
division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. 634
(4) Any check that a political action committee uses to 636
make a contribution or an expenditure shall contain the full name 637
and address of the committee and the registration number assigned 638
to the committee under division (D)(1) of this section. 639
(F) As used in this section: 641
(1) "Address" means all of the following if they exist: 644
apartment number, street, road, or highway name and number, rural 645
delivery route number, city or village, state, and zip code as 646
used in a person's post-office address, but not post-office box. 647
If an address is required in this section, a post-office box and 648
office, room, or suite number may be included in addition to but 649
not in lieu of an apartment, street, road, or highway name and 650
number. If an address is required in this section, a campaign 652
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use the 654
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee, 655
political action committee, legislative campaign fund, political 657
17
party, or political contributing entity may be used in addition 658
to that address.
(2) "Statewide candidate" means the joint candidates for 660
the offices of governor and lieutenant governor or a candidate 661
for the office of secretary of state, auditor of state, treasurer 662
of state, attorney general, member of the state board of 663
education, chief justice of the supreme court, or justice of the 664
supreme court.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 666
OF THE REVISED CODE.
(G) An independent expenditure shall be reported whenever 669
and in the same manner that an expenditure is required to be
reported under this section and shall be reported pursuant to 670
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the 671
Revised Code.
(H)(1) Except as otherwise provided in division (H)(2) of 674
this section, if, during the combined preelection and
postelection reporting periods for an election, a campaign 676
committee has received contributions of five hundred dollars or 677
less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, 678
under penalty of election falsification, in lieu of the statement 679
required by division (A)(2) of this section. The statement shall 680
indicate the total amount of contributions received and the total 681
amount of expenditures made during those combined reporting 682
periods.
(2) In the case of a successful candidate at a primary 684
election, if either the total contributions received by or the 686
total expenditures made by the candidate's campaign committee 687
during the preprimary, postprimary, pregeneral, and postgeneral 688
election periods combined equal more than five hundred dollars, 689
the campaign committee may file the statement under division
(H)(1) of this section only for the primary election. The first 690
statement that the campaign committee files in regard to the 691
18
general election shall reflect all contributions received and all 692
expenditures made during the preprimary and postprimary election 693
periods.
(3) Divisions (H)(1) and (2) of this section do not apply 695
if a campaign committee receives contributions or makes 696
expenditures prior to the first day of January of the year of the 697
election at which the candidate seeks nomination or election to 699
office or if the campaign committee does not file a termination 700
statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its 701
postgeneral election statement in the case of other candidates. 702
(I) In the case of a contribution made by a partnership or 704
unincorporated business, all of the following apply: 705
(1) The recipient of the contribution shall report the 707
contribution by listing both the partnership or unincorporated 708
business and the name of the partner or owner making the 709
contribution.
(2) For purposes of section 3517.102 of the Revised Code, 711
the contribution shall be considered to have been made by the 712
partner or owner reported under division (I)(1) of this section. 713
(3) No contribution from a partnership or unincorporated 715
business shall be accepted unless the recipient reports the 716
contribution under division (I)(1) of this section. 717
(J) A candidate shall have only one campaign committee at 719
any given time for all of the offices for which the person is a 720
candidate or holds office. 721
(K)(1) In addition to filing a designation of appointment 723
of a treasurer under division (D)(1) of this section, the 725
campaign committee of any candidate for an elected municipal 726
office that pays an annual amount of compensation of five 727
thousand dollars or less, the campaign committee of any candidate 728
for member of a board of education except member of the state 729
board of education, or the campaign committee of any candidate 730
for township trustee or township clerk may sign, under penalty of 731
19
election falsification, a certificate attesting that the 732
committee will not accept contributions during an election period 733
that exceed in the aggregate two thousand dollars from all 734
contributors and one hundred dollars from any one individual, and 735
that the campaign committee will not make expenditures during an 736
election period that exceed in the aggregate two thousand 737
dollars.
The certificate shall be on a form prescribed by the 739
secretary of state and shall be filed not later than ten days 740
after the candidate files a declaration of candidacy and 741
petition, a nominating petition, or a declaration of intent to be 743
a write-in candidate.
(2) Except as otherwise provided in division (K)(3) of 745
this section, a campaign committee that files a certificate under 747
division (K)(1) of this section is not required to file the
statements required by division (A) of section 3517.10 of the 748
Revised Code.
(3) If, after filing a certificate under division (K)(1) 750
of this section, a campaign committee exceeds any of the 751
limitations described in that division during an election period, 753
the certificate is void and thereafter the campaign committee 754
shall file the statements required by division (A) of section 755
3517.10 of the Revised Code. If the campaign committee has not 756
previously filed a statement, then on the first statement the 757
campaign committee is required to file under division (A) of 758
section 3517.10 of the Revised Code after the committee's 759
certificate is void, the committee shall report all contributions 760
received and expenditures made from the time the candidate filed 761
the candidate's declaration of candidacy and petition, nominating 762
petition, or declaration of intent to be a write-in candidate. 763
(4) As used in division (K) of this section, "election 765
period" means the period of time beginning on the day a person 766
files a declaration of candidacy and petition, nominating 767
petition, or declaration of intent to be a write-in candidate 768
20
through the day of the election at which the person seeks 769
nomination to office if the person is not elected to office, or, 770
if the candidate was nominated in a primary election, the day of 772
the election at which the candidate seeks office.
(L) Notwithstanding division (B)(4) of this section, a 776
political contributing entity that receives contributions from 777
the dues, membership fees, or other assessments of its members or 778
from its officers, shareholders, and employees may report the 779
aggregate amount of contributions received from those 780
contributors and the number of individuals making those 781
contributions, for each filing period identified under divisions 782
(A)(1), (2), and (3) of this section. Division (B)(4) of this 784
section applies to a political contributing entity with regard to 785
contributions it receives from all other contributors. 786
(M) This is an interim section effective until January 1, 789
2000.
Sec. 3517.102. (A) Except as otherwise provided in 798
section 3517.103 of the Revised Code, as used in this section and 799
sections 3517.103 and 3517.104 of the Revised Code: 800
(1) "Candidate" has the same meaning as in section 3517.01 802
of the Revised Code but includes only candidates for the offices 804
of governor, lieutenant governor, secretary of state, auditor of 805
state, treasurer of state, attorney general, member of the state 806
board of education, member of the general assembly, chief justice 807
of the supreme court, and justice of the supreme court. 808
(2) "Statewide candidate" or "any one statewide candidate" 811
means the joint candidates for the offices of governor and 812
lieutenant governor or a candidate for the office of secretary of 813
state, auditor of state, treasurer of state, attorney general, 814
member of the state board of education, chief justice of the 815
supreme court, or justice of the supreme court. 816
(3) "Senate candidate" means a candidate for the office of 819
state senator.
(4) "House candidate" means a candidate for the office of 822
21
state representative.
(5)(a) "Primary election period" for a candidate begins on 825
the beginning date of the candidate's pre-filing period specified 826
in division (A)(9) of section 3517.109 of the Revised Code and 827
ends on the day of the primary election. 828
(b) In regard to any candidate, the "general election 831
period" begins on the day after the primary election immediately 832
preceding the general election at which the candidate seeks an 834
office specified in division (A)(1) of this section and ends on
the thirty-first day of December following that general election. 835
(6) "State candidate fund" means the state candidate fund 837
established by a state or county political party under division 838
(D)(3)(c) of section 3517.10 of the Revised Code. 840
(7) "Postgeneral election statement" means the statement 842
filed under division (A)(2) of section 3517.10 of the Revised 843
Code by the campaign committee of a candidate after the general 844
election in which the candidate ran for office or filed by 846
legislative campaign fund after the general election in an
even-numbered year. 847
(8) "Contribution" means any contribution that is required 849
to be reported in the statement of contributions under section 850
3517.10 of the Revised Code.
(9) Except as otherwise provided in division (F) of 853
section 3517.103 and division (B)(3)(b) of section 3517.1010 of 854
the Revised Code, "designated state campaign committee" means: 856
(a) In the case of contributions to or from a state 858
political party, a campaign committee of a statewide candidate, 859
statewide officeholder, senate candidate, house candidate, or 861
member of the general assembly.
(b) In the case of contributions to or from a county 863
political party, a campaign committee of a statewide candidate, 864
statewide officeholder, senate candidate or house candidate whose 865
candidacy is to be submitted to some or all of the electors in 867
that county, or member of the general assembly whose district 868
22
contains all or part of that county.
(c) In the case of contributions to or from a legislative 871
campaign fund, a campaign committee of any of the following: 872
(i) A senate or house candidate who, if elected, will be a 874
member of the same party that established the legislative 875
campaign fund and the same house with which the legislative 876
campaign fund is associated;
(ii) A state senator or state representative who is a 878
member of the same party that established the legislative 879
campaign fund and the same house with which the legislative 880
campaign fund is associated.
(B)(1) No individual shall make a contribution or 883
contributions aggregating more than:
(a) Two thousand five hundred dollars to the campaign 885
committee of any one statewide candidate in a primary election 886
period or in a general election period; 887
(b) Two thousand five hundred dollars to the campaign 889
committee of any one senate candidate in a primary election 890
period or in a general election period; 891
(c) Two thousand five hundred dollars to the campaign 893
committee of any one house candidate in a primary election period 894
or in a general election period; 895
(d) Five thousand dollars to any one county political 897
party for the party's state candidate fund or to any one 898
legislative campaign fund in a calendar year; 899
(e) Fifteen thousand dollars to any one state political 901
party for the party's state candidate fund in a calendar year; 903
(f) Five thousand dollars to any one political action 905
committee in a calendar year; 906
(g) Five thousand dollars to any one political 908
contributing entity in a calendar year. 909
(2) Subject to division (D)(1) of this section, no 911
political action committee shall make a contribution or 912
contributions aggregating more than: 913
23
(a) Two thousand five hundred dollars to the campaign 915
committee of any one statewide candidate in a primary election 916
period or in a general election period; 917
(b) Two thousand five hundred dollars to the campaign 919
committee of any one senate candidate in a primary election 920
period or in a general election period; 921
(c) Two thousand five hundred dollars to the campaign 923
committee of any one house candidate in a primary election period 924
or in a general election period; 925
(d) Five thousand dollars to any one county political 927
party for the party's state candidate fund or to any one 929
legislative campaign fund in a calendar year;
(e) Fifteen thousand dollars to any one state political 931
party for the party's state candidate fund in a calendar year; 933
(f) Two thousand five hundred dollars to another political 935
action committee or to a political contributing entity in a 936
calendar year. Division (B)(2)(f) of this section THIS DIVISION 938
does not apply to a political action committee that makes a 939
contribution to a political action committee or to a political 940
contributing entity affiliated with it. For purposes of THIS 941
division (B)(2)(f) of this section, a political action committee 942
is affiliated with another political action committee or with a 944
political contributing entity if they are both established, 945
financed, maintained, or controlled by, or if they are, the same 946
corporation, organization, labor organization, continuing 948
association, or other person, including any parent, subsidiary, 949
division, or department of that corporation, organization, labor
organization, continuing association, or other person. 950
(3) No campaign committee shall make a contribution or 952
contributions aggregating more than: 953
(a) Two thousand five hundred dollars to the campaign 955
committee of any one statewide candidate in a primary election 956
period or in a general election period; 957
(b) Two thousand five hundred dollars to the campaign 959
24
committee of any one senate candidate in a primary election 960
period or in a general election period; 961
(c) Two thousand five hundred dollars to the campaign 963
committee of any one house candidate in a primary election period 964
or in a general election period; 965
(d) Two thousand five hundred dollars to any one political 968
action committee in a calendar year;
(e) Two thousand five hundred dollars to any one political 971
contributing entity in a calendar year.
(4) Subject to division (D)(3) of this section, no 973
political party shall make a contribution or contributions 974
aggregating more than two thousand five hundred dollars to any 975
one political action committee or to any one political 977
contributing entity in a calendar year. 978
(5) No campaign committee, other than a designated state 980
campaign committee, shall make a contribution or contributions 981
aggregating in a calendar year more than: 982
(a) Fifteen thousand dollars to any one state political 984
party for the party's state candidate fund; 985
(b) Five thousand dollars to any one legislative campaign 987
fund;
(c) Five thousand dollars to any one county political 989
party for the party's state candidate fund. 990
(6)(a) No state candidate fund of a county political party 992
shall make a contribution or contributions, except a contribution 993
or contributions to a designated state campaign committee, in a 994
primary election period or a general election period, aggregating 995
more than:
(i) Two thousand five hundred dollars to the campaign 997
committee of any one senate candidate; 999
(ii) Two thousand five hundred dollars to the campaign 1,001
committee of any one house candidate. 1,003
(b)(i) No state candidate fund of a state or county 1,005
political party shall make a transfer or a contribution or 1,006
25
transfers or contributions of cash or cash equivalents to a 1,008
designated state campaign committee in a primary election period 1,009
or in a general election period aggregating more than:
(I) Five hundred thousand dollars to the campaign 1,011
committee of any one statewide candidate; 1,012
(II) One hundred thousand dollars to the campaign 1,014
committee of any one senate candidate; 1,015
(III) Fifty thousand dollars to the campaign committee of 1,018
any one house candidate.
(ii) No legislative campaign fund shall make a transfer or 1,020
a contribution or transfers or contributions of cash or cash 1,022
equivalents to a designated state campaign committee aggregating 1,024
more than:
(I) Fifty thousand dollars in a primary election period or 1,026
one hundred thousand dollars in a general election period to the 1,027
campaign committee or any one senate candidate; 1,028
(II) Twenty-five thousand dollars in a primary election 1,030
period or fifty thousand dollars in a general election period to 1,031
the campaign committee of any one house candidate. 1,032
(iii) As used in divisions (B)(6)(b) and (C)(6)(a) and (b) 1,035
of this section, "transfer or contribution of cash or cash 1,037
equivalents" does not include any in-kind contributions.
(c) A county political party that has no state candidate 1,039
fund and that is located in a county having a population of less 1,040
than one hundred fifty thousand may make one or more 1,041
contributions from other accounts to any one designated state 1,042
campaign committee that do not exceed, in the aggregate, two 1,043
thousand five hundred dollars in any primary election period or 1,044
general election period. As used in THIS division (B)(6)(c) of
this section, "other accounts" does not include either an account 1,045
that contains the public moneys received from the Ohio political 1,047
party fund under section 3517.17 of the Revised Code or the 1,048
county political party's operating account.
(d) No legislative campaign fund shall make a 1,050
26
contribution, other than to a designated state campaign committee 1,051
or to the state candidate fund of a political party. 1,052
(7) Subject to division (D)(1) of this section, no 1,056
political contributing entity shall make a contribution or 1,057
contributions aggregating more than:
(a) Two thousand five hundred dollars to the campaign 1,060
committee of any one statewide candidate in a primary election 1,061
period or in a general election period; 1,062
(b) Two thousand five hundred dollars to the campaign 1,065
committee of any one senate candidate in a primary election 1,066
period or in a general election period; 1,067
(c) Two thousand five hundred dollars to the campaign 1,070
committee of any one house candidate in a primary election period 1,071
or in a general election period; 1,072
(d) Five thousand dollars to any one county political 1,075
party for the party's state candidate fund or to any one 1,076
legislative campaign fund in a calendar year; 1,077
(e) Fifteen thousand dollars to any one state political 1,080
party for the party's state candidate fund in a calendar year; 1,081
(f) Two thousand five hundred dollars to another political 1,084
contributing entity or to a political action committee in a 1,085
calendar year. Division (B)(7)(f) of this section THIS DIVISION 1,086
does not apply to a political contributing entity that makes a 1,088
contribution to a political contributing entity or to a political 1,089
action committee affiliated with it. For purposes of THIS 1,090
division (B)(7)(f) of this section, a political contributing 1,091
entity is affiliated with another political contributing entity 1,092
or with a political action committee if they are both 1,093
established, financed, maintained, or controlled by, or if they 1,094
are, the same corporation, organization, labor organization, 1,095
continuing association, or other person, including any parent, 1,096
subsidiary, division, or department of that corporation, 1,097
organization, labor organization, continuing association, or 1,098
other person.
27
(C)(1) Subject to division (D)(1) of this section, no 1,100
campaign committee of a statewide candidate shall accept a 1,101
contribution or contributions aggregating more than two thousand 1,102
five hundred dollars from any one individual, from any one 1,103
political action committee, from any one political contributing
entity, or from any one other campaign committee in a primary 1,106
election period or in a general election period.
(2) Subject to division (D)(1) of this section and except 1,108
for a designated state campaign committee, no campaign committee 1,109
of a senate candidate shall accept a contribution or 1,110
contributions aggregating more than two thousand five hundred 1,111
dollars from any one individual, from any one political action 1,112
committee, from any one political contributing entity, from any 1,113
one state candidate fund of a county political party, or from any 1,115
one other campaign committee in a primary election period or in a 1,116
general election period. 1,117
(3) Subject to division (D)(1) of this section and except 1,119
for a designated state campaign committee, no campaign committee 1,121
of a house candidate shall accept a contribution or contributions 1,122
aggregating more than two thousand five hundred dollars from any 1,123
one individual, from any one political action committee, from any 1,124
one political contributing entity, from any one state candidate 1,125
fund of a county political party, or from any one other campaign 1,126
committee in a primary election period or in a general election 1,128
period.
(4)(a) Subject to division (D)(1) of this section, no 1,130
county political party shall accept a contribution or 1,132
contributions for the party's state candidate fund aggregating 1,133
more than five thousand dollars from any one individual, from any 1,135
one political action committee, from any one political 1,136
contributing entity, or from any one campaign committee, other 1,137
than a designated state campaign committee, in a calendar year. 1,138
(b) Subject to division (D)(1) of this section, no state 1,140
political party shall accept a contribution or contributions for 1,141
28
the party's state candidate fund aggregating more than fifteen 1,142
thousand dollars from any one individual, from any one political 1,143
action committee, from any one political contributing entity, or 1,144
from any one campaign committee, other than a designated state 1,145
campaign committee, in a calendar year.
(5) Subject to division (D)(1) of this section, no 1,147
legislative campaign fund shall accept a contribution or 1,149
contributions aggregating more than five thousand dollars from 1,150
any one individual, from any one political action committee, from 1,151
any one political contributing entity, or from any one campaign 1,152
committee, other than a designated state campaign committee, in a 1,153
calendar year.
(6)(a) No designated state campaign committee shall accept 1,155
a transfer or contribution of cash or cash equivalents from a 1,156
state candidate fund of a state or county political party 1,158
aggregating in a primary election period or a general election
period more than: 1,159
(i) Five hundred thousand dollars, in the case of a 1,161
campaign committee of a statewide candidate; 1,162
(ii) One hundred thousand dollars, in the case of a 1,164
campaign committee of a senate candidate; 1,165
(iii) Fifty thousand dollars, in the case of a campaign 1,167
committee of a house candidate. 1,168
(b) No designated state campaign committee shall accept a 1,170
transfer or contribution of cash or cash equivalents from a 1,171
legislative candidate fund aggregating more than: 1,173
(i) Fifty thousand dollars in a primary election period or 1,175
one hundred thousand dollars in a general election period, in the 1,176
case of a campaign committee of a senate candidate; 1,177
(ii) Twenty-five thousand dollars in a primary election 1,179
period or fifty thousand dollars in a general election period, in 1,180
the case of a campaign committee of a house candidate. 1,181
(7)(a) Subject to division (D)(3) of this section, no 1,184
political action committee and no political contributing entity 1,185
29
shall accept a contribution or contributions aggregating more 1,186
than five thousand dollars from any one individual, or more than 1,187
two thousand five hundred dollars from any one campaign committee 1,188
or from any one political party.
(b) Subject to division (D)(1) of this section, no 1,190
political action committee shall accept a contribution or 1,191
contributions aggregating more than two thousand five hundred 1,192
dollars from another political action committee or from a 1,193
political contributing entity in a calendar year. Subject to 1,194
division (D)(1) of this section, no political contributing entity 1,195
shall accept a contribution or contributions aggregating more 1,196
than two thousand five hundred dollars from another political 1,197
contributing entity or from a political action committee in a 1,198
calendar year. Division (C)(7)(b) of this section THIS DIVISION 1,199
does not apply to a political action committee or political 1,200
contributing entity that accepts a contribution from a political 1,202
action committee or political contributing entity affiliated with 1,203
it. For purposes of THIS division (C)(7)(b) of this section, a 1,204
political action committee is affiliated with another political 1,205
action committee or political contributing entity if they are 1,206
established, financed, maintained, or controlled by the same 1,207
corporation, organization, labor organization, continuing 1,208
association, or other person, including any parent, subsidiary, 1,209
division, or department of that corporation, organization, labor 1,210
organization, continuing association, or other person.
(D)(1)(a) For purposes of the limitations prescribed in 1,213
division (B)(2) of this section and the limitations prescribed in 1,214
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, 1,215
whichever is applicable, all contributions made by and all 1,216
contributions accepted from political action committees that are 1,218
established, financed, maintained, or controlled by the same 1,219
corporation, organization, labor organization, continuing 1,220
association, or other person, including any parent, subsidiary, 1,221
division, or department of that corporation, organization, labor 1,222
30
organization, continuing association, or other person, are
considered to have been made by or accepted from a single 1,223
political action committee. 1,224
(b) For purposes of the limitations prescribed in division 1,226
(B)(7) of this section and the limitations prescribed in 1,227
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, 1,228
whichever is applicable, all contributions made by and all 1,229
contributions accepted from political contributing entities that 1,230
are established, financed, maintained, or controlled by, or that 1,231
are, the same corporation, organization, labor organization, 1,232
continuing association, or other person, including any parent, 1,233
subsidiary, division, or department of that corporation, 1,234
organization, labor organization, continuing association, or 1,235
other person, are considered to have been made by or accepted 1,236
from a single political contributing entity. 1,237
(2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and 1,239
(C)(7) of this section, "political action committee" does not 1,240
include a political action committee that is organized to support 1,241
or oppose a ballot issue or question and that makes no 1,242
contributions to or expenditures on behalf of a political party, 1,243
campaign committee, legislative campaign fund, political action 1,244
committee, or political contributing entity. As used in 1,245
divisions (B)(1)(g), (B)(3)(e), (B)(4), and (C)(7) of this 1,248
section, "political contributing entity" does not include a 1,249
political contributing entity that is organized to support or
oppose a ballot issue or question and that makes no contributions 1,251
to or expenditures on behalf of a political party, campaign 1,252
committee, legislative campaign fund, political action committee, 1,253
or political contributing entity. 1,254
(3) For purposes of the limitations prescribed in 1,256
divisions (B)(4) and (C)(7)(a) of this section, all contributions 1,258
made by and all contributions accepted from a national political 1,259
party, a state political party, and a county political party are 1,260
considered to have been made by or accepted from a single
31
political party and shall be combined with each other to 1,261
determine whether the limitations have been exceeded. 1,262
(E)(1) If a legislative campaign fund has kept a total 1,264
amount of contributions exceeding one hundred fifty thousand 1,265
dollars at the close of business on the seventh day before the 1,266
postgeneral election statement is required to be filed under 1,267
section 3517.10 of the Revised Code, the legislative campaign 1,268
fund shall comply with division (E)(2) of this section. 1,269
(2)(a) Any legislative campaign fund that has kept a total 1,272
amount of contributions in excess of the amount specified in
division (E)(1) of this section at the close of business on the 1,274
seventh day before the postgeneral election statement is required 1,275
to be filed under section 3517.10 of the Revised Code shall 1,276
dispose of the excess amount in the manner prescribed in division 1,277
(E)(2)(c)(i), (ii), or (iii) of this section not later than 1,278
ninety days after the day the postgeneral election statement is 1,279
required to be filed under section 3517.10 of the Revised Code. 1,280
Any legislative campaign fund that is required to dispose of an 1,283
excess amount of contributions under this division shall file a
statement on the ninetieth day after the postgeneral election 1,284
statement is required to be filed under section 3517.10 of the 1,285
Revised Code indicating the total amount of contributions the 1,286
fund has at the close of business on the seventh day before the 1,287
postgeneral election statement is required to be filed under 1,288
section 3517.10 of the Revised Code and that the excess 1,291
contributions were disposed of pursuant to this division and 1,292
divisions (E)(2)(b) and (c) of this section. The statement shall 1,294
be on a form prescribed by the secretary of state and shall
contain any additional information the secretary of state 1,295
considers necessary.
(b) There is hereby created in the state treasury the Ohio 1,297
elections commission fund. All moneys credited to the fund shall 1,298
be used solely for the purpose of paying expenses related to the 1,299
operation of the Ohio elections commission. 1,300
32
(c) Any legislative campaign fund that is required to 1,303
dispose of an excess amount of contributions under division 1,304
(E)(2) of this section shall dispose of that excess amount by 1,305
doing any of the following:
(i) Giving the amount to the treasurer of state for 1,307
deposit into the state treasury to the credit of the Ohio 1,308
elections commission fund;
(ii) Giving the amount to individuals who made 1,310
contributions to that legislative campaign fund as a refund of 1,311
all or part of their contributions; 1,312
(iii) Giving the amount to a corporation that is exempt 1,314
from federal income taxation under subsection 501(a) and 1,315
described in subsection 501(c) of the Internal Revenue Code. 1,316
(F)(1) No legislative campaign fund shall fail to file a 1,319
statement required by division (E) of this section. 1,320
(2) No legislative campaign fund shall fail to dispose of 1,323
excess contributions as required by division (E) of this section. 1,324
(G) Nothing in this section shall affect, be used in 1,326
determining, or supersede a limitation on campaign contributions 1,327
as provided for in the Federal Election Campaign Act. 1,328
(H) This is an interim section effective until January 1, 1,331
2000.
Sec. 3517.103. (A) For purposes of this section: 1,341
(1) "Statewide candidate" means the joint candidates for 1,343
the offices of governor and lieutenant governor or a candidate 1,344
for the office of secretary of state, auditor of state, treasurer 1,346
of state, attorney general, or member of the state board of 1,347
education.
(2) "Personal funds" means contributions to the campaign 1,350
committee of a candidate by the candidate or by the candidate's 1,351
spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters, grandparents, mother-in-law, father-in-law, 1,353
brothers-in-law, sisters-in-law, or grandparents by marriage. 1,354
(3) When a debt or other obligation incurred by a 1,356
33
committee or by a candidate on behalf of the candidate's 1,357
committee described in division (C)(1) or (2) of this section is 1,359
to be paid from personal funds, those funds are considered to be 1,360
expended when the debt or obligation is incurred, regardless of 1,361
when it is paid.
(4) For purposes of Chapter 3517. of the Revised Code, a 1,363
candidate is an "opponent" when the candidate has indicated on 1,365
the candidate's most recently filed designation of treasurer that 1,366
the candidate seeks the same office at the same primary or 1,367
general election as another candidate whose campaign committee 1,368
has filed a personal funds notice required by division (C)(1) or 1,369
(2) of this section.
(B)(1) Except as otherwise provided in division (B)(2) of 1,372
this section, no statewide candidate or candidate for the office
of member of the general assembly shall make an expenditure of 1,373
personal funds to influence the results of an election for that 1,374
candidate's nomination or election to office unless the personal 1,375
funds are first deposited into the campaign fund of that 1,376
candidate's campaign committee. 1,377
(2) A statewide candidate or candidate for office of the 1,379
general assembly may make an expenditure of personal funds 1,380
without first depositing those funds into the campaign 1,381
committee's funds as long as the aggregate total of those 1,382
expenditures does not exceed five hundred dollars at any time 1,384
during an election period. After the candidate's campaign 1,385
committee reimburses the candidate for any direct expenditure of 1,386
personal funds, the amount that was reimbursed is no longer 1,387
included in the aggregate total of expenditures of personal funds 1,388
subject to the five-hundred-dollar limit.
(C)(1) If the campaign committee of any statewide 1,391
candidate has received or expended or expects to expend more than 1,392
one hundred thousand dollars of personal funds during a primary 1,393
election period or one hundred fifty thousand dollars of personal 1,394
funds during a general election period, the campaign committee 1,396
34
shall file a personal funds notice in the manner provided in 1,397
division (C)(3) of this section indicating that the committee has 1,399
received or expended or expects to expend more than that amount. 1,400
For the purpose of THIS division (C)(1) of this section, a joint 1,401
team of candidates for governor and lieutenant governor shall be 1,402
considered a single candidate and their personal funds shall be 1,403
combined.
(2) If the campaign committee of any senate candidate or 1,406
house candidate has received or expended or expects to expend
more than twenty-five thousand dollars of personal funds during a 1,407
primary election period or twenty-five thousand dollars of 1,408
personal funds during a general election period, the campaign 1,410
committee shall file a personal funds notice in the manner
provided in division (C)(3) of this section indicating that the 1,412
committee has received or expended or expects to expend more than 1,413
that amount. 1,414
(3) The personal funds notice required in divisions (C)(1) 1,416
and (2) of this section and the declaration of no limits required 1,417
under division (D)(2) of this section shall be on a form 1,419
prescribed by the secretary of state. The personal funds notice 1,421
required in divisions (C)(1) and (2) of this section shall be 1,422
filed not later than the earlier of the following times: 1,423
(a) One hundred twenty days before a primary election, in 1,425
the case of personal funds received, expended, or expected to be 1,427
expended during a primary election period, or not later than one 1,428
hundred twenty days before a general election, in the case of 1,430
personal funds received, expended, or expected to be expended 1,432
during a general election period;
(b) Two business days after the candidate's campaign 1,434
committee receives or makes an expenditure of personal funds or 1,435
the candidate makes an expenditure of personal funds on behalf of 1,436
the candidate's campaign committee during that election period 1,437
that exceed, in the aggregate, the amount specified in division 1,438
(C)(1) or (2) of this section.
35
The personal funds notice required under divisions (C)(1) 1,440
and (2) of this section and the declaration of no limits required 1,442
under division (D)(2) of this section shall be filed wherever the 1,444
campaign committee files statements of contributions and 1,446
expenditures under section 3517.11 of the Revised Code. The 1,447
board of elections shall send to the secretary of state a copy of 1,448
any personal funds notice or declaration of no limits filed by 1,451
the campaign committee of a senate candidate or house candidate 1,452
under division (C)(3) or (D)(2) of this section. 1,453
(D)(1) Whenever a campaign committee files a notice under 1,456
division (C)(1) or (2) of this section, and the campaign 1,457
committee of an opponent files a declaration of no limits 1,458
pursuant to division (D)(2) of this section within thirty days of 1,460
the filing of the personal funds notice under division (C)(1) or 1,461
(2) of this section, the contribution limitations prescribed in 1,463
section 3517.102 of the Revised Code no longer apply to the 1,464
campaign committee of the candidate's opponent. 1,465
(2) No campaign committee of a candidate described in 1,468
division (D)(1) of this section shall accept any contribution or 1,469
contributions from a contributor that exceed the limitations 1,470
prescribed in section 3517.102 of the Revised Code until the
committee files a declaration that the committee will accept 1,471
contributions that exceed those limitations. This declaration 1,472
shall be filed not later than thirty days after a candidate's 1,473
opponent has filed a personal funds notice pursuant to division 1,474
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be
referred to as the "declaration of no limits," and shall list all 1,475
of the following:
(a) The amount of cash on hand in the candidate's campaign 1,477
fund at the end of the day immediately preceding the day on which 1,478
the candidate's campaign committee files the declaration of no 1,479
limits;
(b) The value and description of all campaign assets worth 1,481
five hundred dollars or more available to the candidate at the 1,482
36
end of the day immediately preceding the day on which the 1,483
candidate's campaign committee files the declaration of no 1,484
limits.
(3) A candidate who was not an opponent of a candidate who 1,486
filed the personal funds notice required under division (C)(3) of 1,487
this section on the date the personal funds notice was filed may 1,488
file the declaration of no limits pursuant to division (D)(2) of 1,489
this section within thirty days after becoming an opponent of the 1,490
candidate who filed the personal funds notice. 1,491
(4) If the candidate whose campaign committee filed a 1,494
personal funds notice under division (C)(1) or (2) of this 1,495
section fails to file a declaration of candidacy for the office 1,496
listed on the designation of treasurer filed under division (D) 1,498
of section 3517.10 of the Revised Code or files a declaration of 1,499
candidacy or nominating petition for that office and dies or 1,500
withdraws, both of the following apply to the campaign committee 1,501
of that candidate's opponent if the opponent has filed a 1,502
declaration of no limits pursuant to division (D) of this 1,503
section:
(a) No contribution from a contributor may thereafter be 1,506
accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor 1,507
during the primary election period or general election period, 1,508
whichever is applicable, would cause that committee to exceed the 1,509
contribution limitations prescribed in section 3517.102 of the 1,510
Revised Code for the applicable election period. 1,511
(b) The statement of primary-day finances or the year-end 1,514
statement required to be filed under division (E) of section 1,515
3517.1010 of the Revised Code shall be filed not later than 1,516
fourteen days after the date the candidate's opponent fails to 1,517
file a declaration of candidacy or nominating petition by the 1,518
appropriate filing deadline, or dies or withdraws. For purposes 1,520
of calculating permitted funds under division (A)(7) of section 1,521
3517.1010 of the Revised Code, the primary or general election 1,522
37
period, whichever is applicable, shall be considered to have 1,523
ended on the filing deadline, in the case of an opponent who 1,524
fails to file a declaration of candidacy or nominating petition, 1,525
or on the date of the opponent's death or withdrawal. In such an 1,526
event, the filing of a statement of primary-day finances or 1,527
year-end finances and the disposing of any excess funds as
required under division (B) of section 3517.1010 of the Revised 1,528
Code satisfies the candidate's obligation to file such a 1,530
statement for that election period.
(E)(1) No campaign committee shall fail to file a personal 1,533
funds notice as required under division (C)(1) or (2) of this 1,534
section.
(2) No campaign committee shall accept any contribution in 1,536
excess of the contribution limitations prescribed in section 1,537
3517.102 of the Revised Code:
(a) Unless a declaration of no limits has been filed under 1,539
division (D)(2) of this section; 1,540
(b) In violation of division (D)(4) of this section once 1,542
the candidate who filed a personal funds notice under division 1,543
(C)(3) of this section fails to file a declaration of candidacy 1,544
or nominating petition or that candidate dies or withdraws. 1,545
(3) No campaign committee that violates division (E)(1) of 1,548
this section shall expend any personal funds in excess of the 1,549
amount specified in division (C)(1) or (2) of this section, 1,550
whichever is appropriate to the committee.
(4) The candidate of any campaign committee that violates 1,553
division (E) of this section shall forfeit the candidate's 1,555
nomination, if the candidate was nominated, or the office to 1,556
which the candidate was elected, if the candidate was elected to 1,558
office.
(F)(1) Whenever a campaign committee files a notice under 1,560
division (C)(1) or (2) of this section or whenever the 1,562
contribution limitations prescribed in section 3517.102 of the 1,563
Revised Code do not apply to a campaign committee under division 1,564
38
(D)(1) of this section, that committee is not a designated state 1,565
campaign committee for the purpose of the limitations prescribed 1,566
in section 3517.102 of the Revised Code with regard to
contributions made by that campaign committee to a legislative 1,567
campaign fund or to a state candidate fund of a state or county 1,568
political party.
(2) Division (F)(1) of this section no longer applies to a 1,571
campaign committee after both of the following occur: 1,572
(a) The primary or general election period during which 1,575
the contribution limitations prescribed in section 3517.102 of 1,576
the Revised Code did not apply after being removed pursuant to 1,578
division (D) of this section has expired;
(b) When the campaign committee has disposed of all excess 1,581
funds and excess aggregate contributions as required under 1,582
section 3517.1010 of the Revised Code. 1,583
(G) This is an interim section effective until January 1, 1,586
2000.
Sec. 3517.105. (A)(1) As used in this section, "public 1,596
political advertising" means advertising to the general public 1,597
through a broadcasting station, newspaper, magazine, poster, yard 1,598
sign, or outdoor advertising facility, by direct mail, or by any 1,599
other means of advertising to the general public. 1,600
(2) For purposes of this section and section 3517.20 of 1,603
the Revised Code, a person is a member of a political action 1,604
committee if the person makes one or more contributions to that 1,606
political action committee, and a person is a member of a 1,607
political contributing entity if the person makes one or more
contributions to, or pays dues, membership fees, or other 1,608
assessments to, that political contributing entity. 1,610
(B)(1) Whenever a candidate, a campaign committee, a 1,612
political action committee or political contributing entity with 1,613
ten or more members, or a legislative campaign fund makes an 1,616
independent expenditure, or whenever a political action committee 1,617
or political contributing entity with fewer than ten members 1,619
39
makes an independent expenditure in excess of one hundred dollars 1,620
for a local candidate, in excess of two hundred fifty dollars for
a candidate for the office of member of the general assembly, or 1,621
in excess of five hundred dollars for a statewide candidate, for 1,622
the purpose of financing communications advocating the election 1,623
or defeat of an identified candidate or solicits without the 1,626
candidate's express consent a contribution for or against an 1,627
identified candidate through public political advertising, a 1,629
statement shall appear or be presented in a clear and conspicuous 1,630
manner in the advertising that does both of the following: 1,631
(a) Clearly indicates that the communication or public 1,635
political advertising is not authorized by the candidate or the 1,636
candidate's campaign committee;
(b) Clearly identifies the candidate, campaign committee, 1,639
political action committee, political contributing entity, or 1,640
legislative campaign fund that has paid for the communication or 1,641
public political advertising in accordance with section 3517.20 1,643
of the Revised Code. 1,644
(2)(a) Whenever any campaign committee, legislative 1,646
campaign fund, political action committee, political contributing 1,647
entity, or political party makes an independent expenditure in 1,649
support of or opposition to any candidate, the committee, entity, 1,651
fund, or party shall report the independent expenditure and 1,654
identify the candidate on a statement prescribed by the secretary 1,655
of state and filed by the committee, entity, fund, or political 1,656
party as part of its statement of contributions and expenditures 1,658
pursuant to division (A) of section 3517.10 and division (A) of 1,660
section 3517.11 of the Revised Code. 1,661
(b) Whenever any individual, partnership, or other entity, 1,664
except a corporation, labor organization, campaign committee, 1,665
legislative campaign fund, political action committee, political 1,666
contributing entity, or political party, makes one or more 1,667
independent expenditures in support of or opposition to any 1,668
candidate, the individual, partnership, or other entity shall 1,671
40
file with the secretary of state in the case of a statewide 1,672
candidate, or with the board of elections in the county in which 1,673
the candidate files the candidate's petitions for nomination or 1,674
election for district or local office, not later than the dates 1,675
specified in divisions (A)(1), (2), and (3) of section 3517.10 of 1,676
the Revised Code, and, except as otherwise provided in that 1,677
section, a statement itemizing all independent expenditures made 1,679
during the period since the close of business on the last day 1,680
reflected in the last previously filed such statement, if any. 1,681
The statement shall be made on a form prescribed by the secretary 1,682
of state, OR SHALL BE FILED BY ELECTRONIC MEANS OF TRANSMISSION 1,683
PURSUANT TO DIVISION (G) OF SECTION 3517.106 OF THE REVISED CODE 1,684
AS AUTHORIZED OR REQUIRED BY THAT DIVISION. THE STATEMENT shall 1,685
indicate the date and the amount of each independent expenditure 1,686
and the candidate on whose behalf it was made, and shall be made 1,687
under penalty of election falsification.
(C)(1) Whenever a corporation, labor organization, 1,689
campaign committee, political action committee with ten or more 1,690
members, or legislative campaign fund makes an independent 1,691
expenditure, or whenever a political action committee with fewer 1,692
than ten members makes an independent expenditure in excess of 1,693
one hundred dollars for a local ballot issue or question, or in
excess of five hundred dollars for a statewide ballot issue or 1,694
question, for the purpose of financing communications advocating 1,695
support of or opposition to an identified ballot issue or 1,696
question or solicits without the express consent of the ballot 1,697
issue committee a contribution for or against an identified
ballot issue or question through public political advertising, a 1,698
statement shall appear or be presented in a clear and conspicuous 1,699
manner in the advertising that does both of the following: 1,700
(a) Clearly indicates that the communication or public 1,702
political advertising is not authorized by the identified ballot 1,703
issue committee;
(b) Clearly identifies the corporation, labor 1,705
41
organization, campaign committee, legislative campaign fund, or 1,706
political action committee that has paid for the communication or 1,707
public political advertising in accordance with section 3517.20 1,708
of the Revised Code.
(2)(a) Whenever any corporation, labor organization, 1,710
campaign committee, legislative campaign fund, political party, 1,711
or political action committee makes an independent expenditure in 1,712
support of or opposition to any ballot issue or question, the 1,713
corporation or labor organization shall report the independent 1,714
expenditure in accordance with division (C) of section 3599.03 of 1,715
the Revised Code, and the campaign committee, fund, party, or 1,716
political action committee shall report the independent 1,717
expenditure and identify the ballot issue or question on a 1,718
statement prescribed by the secretary of state and filed by the 1,719
campaign committee, fund, political party, or political action 1,720
committee as part of its statement of contributions and
expenditures pursuant to division (A) of section 3517.10 and 1,721
division (A) of section 3517.11 of the Revised Code. 1,722
(b) Whenever any individual, partnership, or other entity, 1,724
except a corporation, labor organization, campaign committee, 1,725
legislative campaign fund, political action committee, or 1,727
political party, makes one or more independent expenditures in 1,728
excess of one hundred dollars in support of or opposition to any 1,729
ballot issue or question, the individual, partnership, or other
entity shall file with the secretary of state in the case of a 1,730
statewide ballot issue or question, or with the board of 1,731
elections in the county that certifies the issue or question for 1,732
placement on the ballot in the case of a district or local issue 1,733
or question, not later than the dates specified in division 1,734
(A)(1), (2), and (3) of section 3517.10 of the Revised Code, and,
except as otherwise provided in that section, a statement 1,736
itemizing all independent expenditures made during the period 1,737
since the close of business on the last day reflected in the last 1,739
previously filed such statement, if any. The statement shall be 1,740
42
made on a form prescribed by the secretary of state, OR SHALL BE 1,741
FILED BY ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO DIVISION 1,742
(G) OF SECTION 3517.106 OF THE REVISED CODE AS AUTHORIZED OR
REQUIRED BY THAT DIVISION. THE STATEMENT shall indicate the date 1,744
and the amount of each independent expenditure and the ballot
issue or question in support of or opposition to which it was 1,745
made, and shall be made under penalty of election falsification. 1,747
(3) No person, campaign committee, legislative campaign 1,749
fund, political action committee, corporation, labor 1,750
organization, or other organization or association shall use or 1,752
cause to be used a false or fictitious name in making an
independent expenditure in support of or opposition to any 1,753
candidate or any ballot issue or question. A name is false or 1,754
fictitious if the person, campaign committee, legislative 1,756
campaign fund, political action committee, corporation, labor 1,757
organization, or other organization or association does not 1,758
actually exist or operate, if the corporation, labor
organization, or other organization or association has failed to 1,759
file a fictitious name or other registration with the secretary 1,760
of state, if it is required to do so, or if the person, campaign 1,762
committee, legislative campaign fund, or political action 1,763
committee has failed to file a designation of the appointment of 1,764
a treasurer, if it is required to do so by division (D)(1) of 1,766
section 3517.10 of the Revised Code. 1,767
Sec. 3517.106. (A) AS USED IN THIS SECTION: 1,776
(1) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 1,779
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 1,780
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 1,781
WIDE WEB.
(2) "STATEWIDE OFFICE" MEANS ANY OF THE OFFICES OF 1,783
GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF STATE, AUDITOR OF 1,784
STATE, TREASURER OF STATE, ATTORNEY GENERAL, CHIEF JUSTICE OF THE 1,786
SUPREME COURT, AND JUSTICE OF THE SUPREME COURT.
(3) "ADDENDUM TO A STATEMENT" INCLUDES AN AMENDMENT OR 1,788
43
OTHER CORRECTION TO THAT STATEMENT. 1,789
(B) The secretary of state shall store on computer the 1,792
information contained in statements of contributions and 1,793
expenditures and monthly statements required to be filed under 1,794
section 3517.10 of the Revised Code AND IN STATEMENTS OF 1,795
INDEPENDENT EXPENDITURES REQUIRED TO BE FILED UNDER SECTION 1,796
3517.105 OF THE REVISED CODE by any of the following: 1,797
(1) The campaign committees of candidates for statewide 1,799
office; 1,800
(2) The political action committees and political 1,802
contributing entities described in division (A)(1) of section 1,804
3517.11 of the Revised Code; 1,806
(3) Legislative campaign funds; 1,808
(4) State political parties; 1,810
(5) INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, LABOR 1,812
ORGANIZATIONS, OR OTHER ENTITIES THAT MAKE INDEPENDENT 1,814
EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A STATEWIDE CANDIDATE 1,815
OR A STATEWIDE BALLOT ISSUE OR QUESTION; 1,816
(6) The campaign committees of candidates for the office 1,818
of member of the general assembly. 1,820
(B)(C)(1) The secretary of state shall make available to 1,823
the campaign committees, political action committees, political 1,824
contributing entities, legislative campaign funds, and political 1,825
parties, INDIVIDUALS, PARTNERSHIPS, CORPORATIONS, LABOR 1,826
ORGANIZATIONS, AND OTHER ENTITIES described in division (A)(B) of 1,827
this section, and to members of the news media and other 1,829
interested persons, for a reasonable fee, computer programs THAT 1,830
ARE compatible with the secretary of state's method of storing 1,831
the information contained in the statements.
(2) The secretary of state shall make the information 1,833
required to be stored under division (A)(B) of this section 1,834
available on computer at the secretary of state's office so that, 1,836
to the maximum extent feasible, individuals may obtain at the 1,837
secretary of state's office any part or all of that information
44
for any given year, subject to the limitation expressed in 1,838
division (C)(D) of this section. 1,840
(C)(D) The secretary of state shall keep the information 1,842
stored on computer under division (A)(B) of this section for at 1,844
least six years.
(E)(1) SUBJECT TO THE SECRETARY OF STATE HAVING 1,846
IMPLEMENTED, TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY 1,847
SYSTEM THE SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION 1,848
(H)(1) OF THIS SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF 1,849
SECTION 3517.10 OF THE REVISED CODE FOR THE FILING OF CAMPAIGN 1,851
FINANCE STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION, ON AND 1,852
AFTER JANUARY 1, 2001, THE CAMPAIGN COMMITTEE OF EACH CANDIDATE 1,854
FOR STATEWIDE OFFICE MAY FILE THE STATEMENTS PRESCRIBED BY 1,855
SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF 1,856
TRANSMISSION OR, IF THE TOTAL AMOUNT OF THE CONTRIBUTIONS 1,857
RECEIVED OR THE TOTAL AMOUNT OF THE EXPENDITURES MADE BY THE 1,858
CAMPAIGN COMMITTEE FOR THE APPLICABLE REPORTING PERIOD AS 1,859
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 1,861
EXCEEDS TEN THOUSAND DOLLARS, SHALL FILE THOSE STATEMENTS BY 1,862
ELECTRONIC MEANS OF TRANSMISSION.
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, WITHIN FIVE 1,865
BUSINESS DAYS AFTER A STATEMENT FILED BY A CAMPAIGN COMMITTEE OF
A CANDIDATE FOR STATEWIDE OFFICE IS RECEIVED BY THE SECRETARY OF 1,866
STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, THE SECRETARY 1,867
OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,869
INTERNET, AS PROVIDED IN DIVISION (I) OF THIS SECTION, THE 1,870
CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT STATEMENT. THE 1,871
SECRETARY OF STATE SHALL NOT MAKE AVAILABLE ONLINE TO THE PUBLIC 1,872
THROUGH THE INTERNET ANY CONTRIBUTION OR EXPENDITURE INFORMATION 1,873
CONTAINED IN A STATEMENT FOR ANY CANDIDATE UNTIL THE SECRETARY OF 1,874
STATE IS ABLE TO MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 1,875
INTERNET THE CONTRIBUTION AND EXPENDITURE INFORMATION FOR ALL 1,876
CANDIDATES FOR A PARTICULAR OFFICE. AS SOON AS THE SECRETARY OF 1,877
STATE HAS AVAILABLE ALL OF THAT INFORMATION, THE SECRETARY OF 1,878
45
STATE SHALL SIMULTANEOUSLY MAKE AVAILABLE ONLINE TO THE PUBLIC 1,879
THROUGH THE INTERNET THE INFORMATION FOR ALL CANDIDATES FOR A 1,880
PARTICULAR OFFICE. 1,881
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 1,884
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,885
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,886
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE CAMPAIGN 1,888
COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF TRANSMISSION ANY 1,889
ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY 1,891
TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE 1,892
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 1,893
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 1,895
RECEIVES FROM A CAMPAIGN COMMITTEE OF A CANDIDATE FOR STATEWIDE 1,896
OFFICE AN ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY 1,897
ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR 1,899
DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE 1,900
SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND EXPENDITURE 1,901
INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE 1,902
TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF 1,903
THIS SECTION.
(2) SUBJECT TO DIVISION (E)(3) OF THIS SECTION AND SUBJECT 1,905
TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 1,906
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF 1,907
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 1,908
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 1,909
CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC 1,910
MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2001, A POLITICAL 1,913
ACTION COMMITTEE AND A POLITICAL CONTRIBUTING ENTITY DESCRIBED IN 1,914
DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE CAMPAIGN FUND, AND 1,916
A STATE POLITICAL PARTY MAY FILE THE STATEMENTS PRESCRIBED BY 1,917
SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF 1,919
TRANSMISSION.
WITHIN FIVE BUSINESS DAYS AFTER A STATEMENT FILED BY A 1,922
POLITICAL ACTION COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY 1,923
46
DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE 1,924
CAMPAIGN FUND, OR A STATE POLITICAL PARTY IS RECEIVED BY THE 1,925
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, 1,926
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC 1,927
THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF THIS 1,928
SECTION, THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT 1,929
STATEMENT.
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 1,931
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,932
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,934
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE POLITICAL 1,936
ACTION COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE 1,937
CAMPAIGN FUND, OR STATE POLITICAL PARTY SHALL FILE BY ELECTRONIC 1,938
MEANS OF TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES 1,940
THE INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT 1,941
OR, IF REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 1,942
AMENDED STATEMENT.
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 1,944
RECEIVES FROM A POLITICAL ACTION COMMITTEE OR A POLITICAL 1,945
CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, 1,946
A LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY AN 1,947
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 1,948
OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR DIVISION 1,951
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY
OF STATE SHALL MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION 1,952
IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE TO THE 1,954
PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF THIS 1,955
SECTION.
(3) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 1,957
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 1,958
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS 1,959
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF 1,960
THE REVISED CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY 1,961
ELECTRONIC MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2002, A 1,963
47
POLITICAL ACTION COMMITTEE AND A POLITICAL CONTRIBUTING ENTITY 1,964
DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE 1,966
CAMPAIGN FUND, AND A STATE POLITICAL PARTY SHALL FILE THE 1,967
STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE REVISED CODE BY 1,969
ELECTRONIC MEANS OF TRANSMISSION IF THE TOTAL AMOUNT OF THE 1,970
CONTRIBUTIONS RECEIVED OR THE TOTAL AMOUNT OF THE EXPENDITURES 1,971
MADE BY THE POLITICAL ACTION COMMITTEE, POLITICAL CONTRIBUTING 1,972
ENTITY, LEGISLATIVE CAMPAIGN FUND, OR POLITICAL PARTY FOR THE 1,973
APPLICABLE REPORTING PERIOD AS SPECIFIED IN DIVISION (A) OF 1,975
SECTION 3517.10 OF THE REVISED CODE EXCEEDS TEN THOUSAND DOLLARS. 1,978
WITHIN FIVE BUSINESS DAYS AFTER A STATEMENT FILED BY A 1,980
POLITICAL ACTION COMMITTEE OR A POLITICAL CONTRIBUTING ENTITY 1,981
DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, A LEGISLATIVE 1,982
CAMPAIGN FUND, OR A STATE POLITICAL PARTY IS RECEIVED BY THE 1,983
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, 1,984
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC 1,985
THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF THIS 1,986
SECTION, THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT 1,988
STATEMENT.
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 1,991
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 1,992
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 1,993
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE POLITICAL 1,995
ACTION COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE 1,996
CAMPAIGN FUND, OR STATE POLITICAL PARTY SHALL FILE BY ELECTRONIC 1,997
MEANS OF TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES 1,999
THE INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT 2,000
OR, IF REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 2,001
AMENDED STATEMENT.
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 2,003
RECEIVES FROM A POLITICAL ACTION COMMITTEE OR A POLITICAL 2,004
CONTRIBUTING ENTITY DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, 2,005
A LEGISLATIVE CAMPAIGN FUND, OR A STATE POLITICAL PARTY AN 2,006
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC 2,007
48
OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR DIVISION 2,010
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY
OF STATE SHALL MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION 2,011
IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE TO THE 2,013
PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF THIS 2,014
SECTION.
(F)(1) SUBJECT TO DIVISION (F)(4) OF THIS SECTION AND 2,016
SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 2,018
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF 2,019
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 2,020
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 2,021
CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC 2,022
MEANS OF TRANSMISSION OR ON COMPUTER DISK, ON AND AFTER JANUARY 2,023
1, 2001, A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF 2,025
MEMBER OF THE GENERAL ASSEMBLY MAY FILE THE STATEMENTS PRESCRIBED 2,026
BY SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF 2,028
TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE OR, UNTIL 2,030
JANUARY 1, 2003, ON COMPUTER DISK WITH THE APPROPRIATE BOARD OF 2,031
ELECTIONS SPECIFIED IN DIVISION (A)(2) OF SECTION 3517.11 OF THE 2,032
REVISED CODE.
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, WITHIN FIVE 2,034
BUSINESS DAYS AFTER A STATEMENT FILED BY A CAMPAIGN COMMITTEE OF 2,035
A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY IS 2,036
RECEIVED BY THE SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS 2,037
OF TRANSMISSION, THE SECRETARY OF STATE SHALL MAKE AVAILABLE 2,038
ONLINE TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN 2,039
DIVISION (I) OF THIS SECTION, THE CONTRIBUTION AND EXPENDITURE 2,040
INFORMATION IN THAT STATEMENT. THE SECRETARY OF STATE SHALL NOT 2,042
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET ANY 2,043
CONTRIBUTION OR EXPENDITURE INFORMATION CONTAINED IN A STATEMENT 2,044
FOR ANY CANDIDATE UNTIL THE SECRETARY OF STATE IS ABLE TO MAKE
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 2,045
CONTRIBUTION AND EXPENDITURE INFORMATION FOR ALL CANDIDATES FOR A 2,046
PARTICULAR OFFICE. AS SOON AS THE SECRETARY OF STATE HAS 2,047
49
AVAILABLE ALL OF THAT INFORMATION, THE SECRETARY OF STATE SHALL 2,048
SIMULTANEOUSLY MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 2,049
INTERNET THE INFORMATION FOR ALL CANDIDATES FOR A PARTICULAR 2,050
OFFICE. 2,051
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION OR 2,053
ON COMPUTER DISK IS FOUND TO BE INCOMPLETE OR INACCURATE AFTER 2,056
THE EXAMINATION OF THE STATEMENT FOR COMPLETENESS AND ACCURACY 2,057
PURSUANT TO DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 2,059
CODE, THE CAMPAIGN COMMITTEE SHALL FILE BY ELECTRONIC MEANS OF 2,061
TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE, OR, UNTIL 2,062
JANUARY 1, 2003, ON COMPUTER DISK WITH THE APPROPRIATE BOARD OF 2,063
ELECTIONS IF THE ORIGINAL STATEMENT WAS FILED ON COMPUTER DISK, 2,064
ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION 2,066
NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY
THE SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 2,067
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 2,069
RECEIVES FROM A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE 2,071
OF MEMBER OF THE GENERAL ASSEMBLY AN ADDENDUM TO THE STATEMENT OR 2,072
AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION
UNDER THIS DIVISION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF 2,074
THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE THE 2,077
CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM OR
AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 2,079
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION. 2,080
(2) UNTIL JANUARY 1, 2003, IF A CAMPAIGN COMMITTEE OF A 2,082
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY FILES 2,083
A STATEMENT OF CONTRIBUTIONS AND EXPENDITURES, AN ADDENDUM TO THE 2,085
STATEMENT, OR AN AMENDED STATEMENT BY ELECTRONIC MEANS OF
TRANSMISSION OR ON COMPUTER DISK PURSUANT TO DIVISION (F)(1) OF 2,087
THIS SECTION, THE CAMPAIGN COMMITTEE SHALL FILE AS PRESCRIBED BY 2,088
SECTION 3517.10 OF THE REVISED CODE WITH THE APPROPRIATE BOARD OF
ELECTIONS SPECIFIED IN DIVISION (A)(2) OF SECTION 3517.11 OF THE 2,090
REVISED CODE A PRINTED VERSION OF THE STATEMENT, ADDENDUM, OR 2,092
AMENDED STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION OR ON 2,093
50
COMPUTER DISK, IN THE FORMAT THAT THE SECRETARY OF STATE SHALL 2,094
PRESCRIBE. IF A STATEMENT, ADDENDUM, OR AMENDED STATEMENT IS NOT 2,096
FILED BY ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER DISK BUT 2,097
IS FILED BY PRINTED VERSION ONLY, THE CAMPAIGN COMMITTEE SHALL 2,098
FILE TWO COPIES OF THE PRINTED VERSION OF THE STATEMENT, 2,099
ADDENDUM, OR AMENDED STATEMENT WITH THE APPROPRIATE BOARD OF 2,100
ELECTIONS. THE BOARD OF ELECTIONS SHALL SEND ONE OF THOSE COPIES 2,101
BY OVERNIGHT DELIVERY SERVICE TO THE SECRETARY OF STATE BEFORE 2,102
THE CLOSE OF BUSINESS ON THE DAY THE BOARD OF ELECTIONS RECEIVES 2,103
THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT.
(3)(a) SUBJECT TO DIVISION (F)(4) OF THIS SECTION AND 2,105
SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 2,107
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 2,109
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 2,112
CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC 2,113
MEANS OF TRANSMISSION OR ON COMPUTER DISK, ON AND AFTER JANUARY 2,114
1, 2001, THE SECRETARY OF STATE SHALL ASSESS, AND A CAMPAIGN 2,115
COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL 2,116
ASSEMBLY SHALL PAY, A FEE AS PROVIDED IN THIS DIVISION IF THE 2,118
CAMPAIGN COMMITTEE HAS NOT FILED THE CAMPAIGN FINANCE STATEMENTS 2,119
PRESCRIBED BY SECTION 3517.10 OF THE REVISED CODE BY ELECTRONIC 2,120
MEANS OF TRANSMISSION OR ON COMPUTER DISK PURSUANT TO DIVISION 2,122
(F)(1) OF THIS SECTION. THE FEE SHALL BE CALCULATED ON THE TOTAL 2,123
CONTRIBUTIONS RECEIVED FOR THE APPLICABLE REPORTING PERIOD
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED CODE 2,125
AS FOLLOWS: 2,126
(i) NO FEE FOR TOTAL CONTRIBUTIONS UP TO AND INCLUDING TEN 2,128
THOUSAND DOLLARS; 2,129
(ii) A FEE OF FIFTY DOLLARS FOR TOTAL CONTRIBUTIONS OF 2,131
OVER TEN THOUSAND DOLLARS UP TO AND INCLUDING TWENTY-FIVE 2,132
THOUSAND DOLLARS;
(iii) A FEE OF ONE HUNDRED FIFTY DOLLARS FOR TOTAL 2,134
CONTRIBUTIONS OVER TWENTY-FIVE THOUSAND DOLLARS UP TO AND 2,135
51
INCLUDING FIFTY THOUSAND DOLLARS;
(iv) A FEE OF TWO HUNDRED DOLLARS FOR TOTAL CONTRIBUTIONS 2,137
OVER FIFTY THOUSAND DOLLARS. 2,138
(b) NO CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF 2,140
MEMBER OF THE GENERAL ASSEMBLY SHALL BE REQUIRED TO PAY THE FEE 2,141
PRESCRIBED BY DIVISION (F)(3)(a) OF THIS SECTION IN CONNECTION 2,142
WITH THE FILING OF AN ADDENDUM TO A STATEMENT OF CONTRIBUTIONS 2,144
AND EXPENDITURES OR IN CONNECTION WITH THE FILING OF AN AMENDED 2,145
STATEMENT.
(c) THE FEE PRESCRIBED BY DIVISION (F)(3)(a) OF THIS 2,148
SECTION SHALL BE MADE PAYABLE TO THE SECRETARY OF STATE AND SHALL 2,149
BE COLLECTED BY THE APPROPRIATE BOARD OF ELECTIONS AT THE TIME 2,150
THE CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF 2,151
THE GENERAL ASSEMBLY FILES THE STATEMENT OF CONTRIBUTIONS AND 2,152
EXPENDITURES. THE FEE SHALL BE SENT ALONG WITH THE STATEMENT, 2,153
BEFORE THE CLOSE OF BUSINESS ON THE DAY IT IS RECEIVED, TO THE 2,154
SECRETARY OF STATE BY OVERNIGHT DELIVERY SERVICE. 2,155
(4) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 2,157
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 2,158
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS 2,159
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF 2,161
THE REVISED CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY 2,163
ELECTRONIC MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2003, A 2,164
CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE 2,165
GENERAL ASSEMBLY SHALL FILE THE STATEMENTS PRESCRIBED BY SECTION 2,166
3517.10 OF THE REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION 2,167
TO THE SECRETARY OF STATE IF THE TOTAL AMOUNT OF THE 2,168
CONTRIBUTIONS RECEIVED BY THE CAMPAIGN COMMITTEE FOR THE 2,169
APPLICABLE REPORTING PERIOD AS SPECIFIED IN DIVISION (A) OF 2,170
SECTION 3517.10 OF THE REVISED CODE EXCEEDS TEN THOUSAND DOLLARS. 2,171
EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, WITHIN FIVE 2,174
BUSINESS DAYS AFTER A STATEMENT FILED BY A CAMPAIGN COMMITTEE OF
A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY IS 2,175
RECEIVED BY THE SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS 2,176
52
OF TRANSMISSION, THE SECRETARY OF STATE SHALL MAKE AVAILABLE 2,177
ONLINE TO THE PUBLIC THROUGH THE INTERNET, AS PROVIDED IN 2,178
DIVISION (I) OF THIS SECTION, THE CONTRIBUTION AND EXPENDITURE 2,179
INFORMATION IN THAT STATEMENT. THE SECRETARY OF STATE SHALL NOT 2,180
MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET ANY 2,181
CONTRIBUTION OR EXPENDITURE INFORMATION CONTAINED IN A STATEMENT 2,182
FOR ANY CANDIDATE UNTIL THE SECRETARY OF STATE IS ABLE TO MAKE
AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET THE 2,183
CONTRIBUTION AND EXPENDITURE INFORMATION FOR ALL CANDIDATES FOR A 2,184
PARTICULAR OFFICE. AS SOON AS THE SECRETARY OF STATE HAS 2,185
AVAILABLE ALL OF THAT INFORMATION, THE SECRETARY OF STATE SHALL 2,186
SIMULTANEOUSLY MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 2,187
INTERNET THE INFORMATION FOR ALL CANDIDATES FOR A PARTICULAR 2,188
OFFICE. 2,189
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 2,191
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 2,192
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 2,194
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE CAMPAIGN 2,195
COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL 2,196
ASSEMBLY SHALL FILE BY ELECTRONIC MEANS OF TRANSMISSION ANY 2,197
ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION NECESSARY 2,198
TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. 2,199
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 2,201
RECEIVES FROM A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE 2,203
OF MEMBER OF THE GENERAL ASSEMBLY AN ADDENDUM TO THE STATEMENT OR 2,204
AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 2,205
UNDER THIS DIVISION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF 2,207
THE REVISED CODE, THE SECRETARY OF STATE SHALL MAKE THE 2,209
CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM OR
AMENDED STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE 2,210
INTERNET AS PROVIDED IN DIVISION (I) OF THIS SECTION. 2,211
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION AND 2,213
SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, TESTED, AND 2,214
53
VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE SECRETARY OF 2,215
STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 2,216
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 2,217
CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC 2,218
MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2001, ANY 2,220
INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY THAT MAKES INDEPENDENT 2,221
EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A STATEWIDE CANDIDATE 2,222
OR A STATEWIDE BALLOT ISSUE OR QUESTION AS PROVIDED IN DIVISION 2,223
(B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 OF THE REVISED CODE 2,225
MAY FILE THE STATEMENT SPECIFIED IN THAT DIVISION BY ELECTRONIC 2,227
MEANS OF TRANSMISSION.
WITHIN FIVE BUSINESS DAYS AFTER A STATEMENT FILED BY AN 2,230
INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY IS RECEIVED BY THE 2,231
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, 2,232
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC 2,234
THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF THIS 2,235
SECTION, THE EXPENDITURE INFORMATION IN THAT STATEMENT. 2,236
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 2,238
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 2,240
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 2,241
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, 2,243
PARTNERSHIP, OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF 2,244
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 2,245
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 2,246
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 2,247
AMENDED STATEMENT. 2,248
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 2,250
RECEIVES FROM AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,251
DESCRIBED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 2,253
OF THE REVISED CODE AN ADDENDUM TO THE STATEMENT OR AN AMENDED 2,255
STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS 2,256
DIVISION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 2,259
CODE, THE SECRETARY OF STATE SHALL MAKE THE EXPENDITURE 2,260
INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE 2,262
54
TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF 2,263
THIS SECTION.
(2) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED, 2,265
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE 2,266
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS 2,267
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF 2,268
THE REVISED CODE FOR THE FILING OF CAMPAIGN FINANCE STATEMENTS BY 2,269
ELECTRONIC MEANS OF TRANSMISSION, ON AND AFTER JANUARY 1, 2002, 2,271
ANY INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY THAT MAKES 2,272
INDEPENDENT EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A 2,273
STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE OR QUESTION AS 2,274
PROVIDED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 2,276
OF THE REVISED CODE SHALL FILE THE STATEMENT SPECIFIED IN THAT 2,278
DIVISION BY ELECTRONIC MEANS OF TRANSMISSION IF THE TOTAL AMOUNT 2,279
OF THE INDEPENDENT EXPENDITURES MADE DURING THE REPORTING PERIOD 2,280
UNDER THAT DIVISION EXCEEDS TEN THOUSAND DOLLARS.
WITHIN FIVE BUSINESS DAYS AFTER A STATEMENT FILED BY AN 2,283
INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY IS RECEIVED BY THE 2,284
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION,
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC 2,286
THROUGH THE INTERNET, AS PROVIDED IN DIVISION (I) OF THIS 2,288
SECTION, THE EXPENDITURE INFORMATION IN THAT STATEMENT. 2,289
IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS 2,291
FOUND TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE 2,293
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION 2,294
(B)(3)(a) OF SECTION 3517.11 OF THE REVISED CODE, THE INDIVIDUAL, 2,296
PARTNERSHIP, OR OTHER ENTITY SHALL FILE BY ELECTRONIC MEANS OF 2,297
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE 2,299
INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF 2,300
REQUIRED BY THE SECRETARY OF STATE UNDER THAT DIVISION, AN 2,301
AMENDED STATEMENT.
WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 2,304
RECEIVES FROM AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,305
DESCRIBED IN DIVISION (B)(2)(b) OR (C)(2)(b) OF SECTION 3517.105 2,307
55
OF THE REVISED CODE AN ADDENDUM TO THE STATEMENT OR AN AMENDED
STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS 2,308
DIVISION OR DIVISION (B)(3)(a) OF SECTION 3517.11 OF THE REVISED 2,309
CODE, THE SECRETARY OF STATE SHALL MAKE THE EXPENDITURE 2,310
INFORMATION IN THE ADDENDUM OR AMENDED STATEMENT AVAILABLE ONLINE 2,311
TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED IN DIVISION (I) OF 2,312
THIS SECTION.
(H)(1) THE SECRETARY OF STATE, BY RULE ADOPTED PURSUANT TO 2,315
SECTION 3517.23 OF THE REVISED CODE, SHALL PRESCRIBE ONE OR MORE 2,318
TECHNIQUES BY WHICH A PERSON WHO EXECUTES AND TRANSMITS BY 2,319
ELECTRONIC MEANS A STATEMENT OF CONTRIBUTIONS AND EXPENDITURES, A 2,320
STATEMENT OF INDEPENDENT EXPENDITURES, AN ADDENDUM TO EITHER 2,321
STATEMENT, AN AMENDED STATEMENT OF CONTRIBUTIONS AND
EXPENDITURES, OR AN AMENDED STATEMENT OF INDEPENDENT EXPENDITURES 2,322
UNDER THIS SECTION OR SECTION 3517.10 OR 3517.105 OF THE REVISED 2,324
CODE SHALL ELECTRONICALLY SIGN THE STATEMENT, ADDENDUM, OR 2,326
AMENDED STATEMENT. ANY TECHNIQUE PRESCRIBED BY THE SECRETARY OF 2,327
STATE PURSUANT TO THIS DIVISION SHALL CREATE AN ELECTRONIC
SIGNATURE THAT SATISFIES ALL OF THE FOLLOWING: 2,328
(a) IT IS UNIQUE TO THE SIGNER. 2,330
(b) IT OBJECTIVELY IDENTIFIES THE SIGNER. 2,332
(c) IT INVOLVES THE USE OF A SIGNATURE DEVICE OR OTHER 2,334
MEANS OR METHOD THAT IS UNDER THE SOLE CONTROL OF THE SIGNER AND 2,335
THAT CANNOT BE READILY DUPLICATED OR COMPROMISED. 2,336
(d) IT IS CREATED AND LINKED TO THE ELECTRONIC RECORD TO 2,338
WHICH IT RELATES IN A MANNER THAT, IF THE RECORD OR SIGNATURE IS 2,339
INTENTIONALLY OR UNINTENTIONALLY CHANGED AFTER SIGNING, THE 2,341
ELECTRONIC SIGNATURE IS INVALIDATED.
(2) AN ELECTRONIC SIGNATURE PRESCRIBED BY THE SECRETARY OF 2,343
STATE UNDER DIVISION (H)(1) OF THIS SECTION SHALL BE ATTACHED TO 2,346
OR ASSOCIATED WITH THE STATEMENT OF CONTRIBUTIONS AND 2,347
EXPENDITURES, THE STATEMENT OF INDEPENDENT EXPENDITURES, THE 2,348
ADDENDUM TO EITHER STATEMENT, THE AMENDED STATEMENT OF
CONTRIBUTIONS AND EXPENDITURES, OR THE AMENDED STATEMENT OF 2,349
56
INDEPENDENT EXPENDITURES THAT IS EXECUTED AND TRANSMITTED BY 2,351
ELECTRONIC MEANS BY THE PERSON TO WHOM THE ELECTRONIC SIGNATURE 2,352
IS ATTRIBUTED. THE ELECTRONIC SIGNATURE THAT IS ATTACHED TO OR 2,353
ASSOCIATED WITH THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT 2,354
UNDER THIS DIVISION SHALL BE BINDING ON ALL PERSONS AND FOR ALL
PURPOSES UNDER THE CAMPAIGN FINANCE REPORTING LAW AS IF THE 2,355
SIGNATURE HAD BEEN HANDWRITTEN IN INK ON A PRINTED FORM OF THE 2,356
STATEMENT, ADDENDUM, OR AMENDED STATEMENT. 2,357
(I) THE SECRETARY OF STATE SHALL MAKE THE CONTRIBUTION AND 2,359
EXPENDITURE INFORMATION IN ALL STATEMENTS, ALL ADDENDA TO THE 2,360
STATEMENTS, AND ALL AMENDED STATEMENTS THAT ARE FILED WITH THE 2,361
SECRETARY OF STATE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION 2,362
UNDER THIS SECTION OR SECTION 3517.10, 3517.105, OR 3517.11 OF 2,363
THE REVISED CODE AVAILABLE ONLINE TO THE PUBLIC BY ANY MEANS THAT 2,364
ARE SEARCHABLE, VIEWABLE, AND ACCESSIBLE THROUGH THE INTERNET. 2,365
(J)(1) AS USED IN THIS DIVISION, "LIBRARY" MEANS A LIBRARY 2,375
THAT IS OPEN TO THE PUBLIC AND THAT IS ONE OF THE FOLLOWING: 2,376
(a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER 2,378
SECTION 715.13 OF THE REVISED CODE; 2,379
(b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED 2,381
UNDER CHAPTER 3375. OF THE REVISED CODE. 2,382
(2) THE SECRETARY OF STATE SHALL NOTIFY ALL LIBRARIES OF 2,384
THE LOCATION ON THE INTERNET AT WHICH THE CONTRIBUTION AND 2,385
EXPENDITURE INFORMATION IN CAMPAIGN FINANCE STATEMENTS REQUIRED 2,387
TO BE MADE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET 2,388
PURSUANT TO DIVISION (I) OF THIS SECTION MAY BE ACCESSED. 2,389
ON AND AFTER JANUARY 1, 2001, IF THAT LOCATION IS PART OF 2,391
THE GRAPHICAL SUBNETWORK CALLED THE WORLD WIDE WEB AND IF THE 2,392
SECRETARY OF STATE HAS NOTIFIED A LIBRARY OF THAT WORLD WIDE WEB
LOCATION AS REQUIRED BY THIS DIVISION, THE LIBRARY SHALL INCLUDE 2,393
A LINK TO THAT WORLD WIDE WEB LOCATION ON EACH INTERNET-CONNECTED 2,394
COMPUTER IT MAINTAINS THAT IS ACCESSIBLE TO THE PUBLIC. 2,395
(3) IF THE SYSTEM THE SECRETARY OF STATE PRESCRIBES FOR 2,397
THE FILING OF CAMPAIGN FINANCE STATEMENTS BY ELECTRONIC MEANS OF 2,398
57
TRANSMISSION PURSUANT TO DIVISION (H)(1) OF THIS SECTION AND 2,399
DIVISIONS (C)(6)(b) AND (D)(6) OF SECTION 3517.10 OF THE REVISED 2,401
CODE INCLUDES FILING THOSE STATEMENTS THROUGH THE INTERNET VIA AN 2,402
INTERACTIVE LOCATION ON THE GRAPHICAL SUBNETWORK CALLED THE WORLD 2,403
WIDE WEB, THE SECRETARY OF STATE SHALL NOTIFY ALL LIBRARIES OF 2,404
THE WORLD WIDE WEB LOCATION AT WHICH THOSE STATEMENTS MAY BE 2,405
FILED.
ON AND AFTER JANUARY 1, 2001, IF THOSE STATEMENTS MAY BE 2,407
FILED THROUGH THE INTERNET VIA AN INTERACTIVE LOCATION ON THE 2,408
GRAPHICAL SUBNETWORK CALLED THE WORLD WIDE WEB AND IF THE 2,409
SECRETARY OF STATE HAS NOTIFIED A LIBRARY OF THAT WORLD WIDE WEB 2,410
LOCATION AS REQUIRED BY THIS DIVISION, THE LIBRARY SHALL INCLUDE 2,411
A LINK TO THAT WORLD WIDE WEB LOCATION ON EACH INTERNET-CONNECTED 2,412
COMPUTER IT MAINTAINS THAT IS ACCESSIBLE TO THE PUBLIC. 2,413
(K) IT IS AN AFFIRMATIVE DEFENSE TO A COMPLAINT OR CHARGE 2,415
BROUGHT AGAINST ANY CAMPAIGN COMMITTEE, POLITICAL ACTION 2,416
COMMITTEE, LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 2,417
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,418
FOR THE FAILURE TO FILE BY ELECTRONIC MEANS OF TRANSMISSION A 2,419
CAMPAIGN FINANCE STATEMENT AS REQUIRED BY THIS SECTION OR SECTION 2,421
3517.10 OR 3517.105 OF THE REVISED CODE THAT ALL OF THE FOLLOWING 2,423
APPLY TO THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE,
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 2,424
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,425
THAT FAILED TO FILE THE REQUIRED STATEMENT: 2,426
(1) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 2,427
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 2,428
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,429
ATTEMPTED TO FILE BY ELECTRONIC MEANS OF TRANSMISSION THE 2,430
REQUIRED STATEMENT PRIOR TO THE DEADLINE SET FORTH IN THE 2,431
APPLICABLE SECTION.
(2) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 2,433
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 2,434
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,435
58
WAS UNABLE TO FILE BY ELECTRONIC MEANS OF TRANSMISSION DUE TO AN 2,436
EXPECTED OR UNEXPECTED SHUTDOWN OF THE WHOLE OR PART OF THE 2,437
ELECTRONIC CAMPAIGN FINANCE STATEMENT-FILING SYSTEM, SUCH AS FOR 2,438
MAINTENANCE OR BECAUSE OF HARDWARE, SOFTWARE, OR NETWORK 2,439
CONNECTION FAILURE.
(3) THE CAMPAIGN COMMITTEE, POLITICAL ACTION COMMITTEE, 2,441
LEGISLATIVE CAMPAIGN FUND, POLITICAL PARTY, POLITICAL 2,442
CONTRIBUTING ENTITY, OR INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY 2,443
FILED BY ELECTRONIC MEANS OF TRANSMISSION THE REQUIRED STATEMENT 2,444
WITHIN A REASONABLE PERIOD OF TIME AFTER BEING UNABLE TO SO FILE 2,445
IT UNDER THE CIRCUMSTANCE DESCRIBED IN DIVISION (K)(2) OF THIS 2,446
SECTION.
Sec. 3517.109. (A) As used in this section: 2,455
(1) "Candidate" has the same meaning as in section 3517.01 2,457
of the Revised Code but includes only candidates for the offices 2,458
of governor, lieutenant governor, secretary of state, auditor of 2,459
state, treasurer of state, attorney general, member of the state 2,460
board of education, and member of the general assembly. 2,461
(2) "Statewide candidate" means the joint candidates for 2,463
the offices of governor and lieutenant governor or a candidate 2,464
for the office of secretary of state, auditor of state, treasurer 2,465
of state, attorney general, and member of the state board of 2,467
education.
(3) "Senate candidate" means a candidate for the office of 2,469
state senator.
(4) "House candidate" means a candidate for the office of 2,471
state representative. 2,472
(5) "State office" means the offices of governor, 2,475
lieutenant governor, secretary of state, auditor of state, 2,476
treasurer of state, attorney general, member of the state board 2,477
of education, and member of the general assembly.
(6) "Aggregate contribution" means the total of all 2,479
contributions from a contributor during the pre-filing period. 2,480
(7) "Allowable aggregate contribution" means all of the 2,482
59
following: 2,483
(a) In the case of a contribution from a contributor whose 2,486
contributions are subject to the contribution limits described in 2,487
divisions (B)(1), (2), (3), (6)(a), or (7) of section 3517.102 of 2,489
the Revised Code, that portion of the amount of the contributor's 2,492
aggregate contribution that does not exceed the pre-primary 2,493
PREPRIMARY contribution limit applicable to that contributor. 2,495
(b) In the case of a contribution or contributions from a 2,498
contributor whose contributions are not subject to the 2,499
contribution limits described in divisions (B)(1), (2), (3), 2,500
(6)(a), or (7) of section 3517.102 of the Revised Code, the total 2,502
of the following: 2,503
(i) That portion of the aggregate contribution that was 2,506
received as in-kind services;
(ii) That portion of the aggregate contribution that was 2,509
received as cash and does not exceed the applicable pre-primary 2,510
PREPRIMARY cash transfer or contribution limits described in 2,511
division (B)(6)(b) of section 3517.102 of the Revised Code. 2,512
(8) "Excess aggregate contribution" means, for each 2,514
contributor, the amount by which that contributor's aggregate 2,515
contribution exceeds that contributor's allowable aggregate 2,516
contribution. 2,517
(9) "Pre-filing period" means the period of time ending on 2,520
the day that the candidacy petitions are due for the state office 2,521
for which the candidate has filed and beginning on the latest 2,522
date of the following:
(a) The first day of January of the year following the 2,526
general election in which that state office was last on the
ballot; 2,527
(b) The first day of January of the year following the 2,531
general election in which the candidate was last a candidate for 2,532
any office;
(c) The first day of the month following the primary 2,535
election in which the candidate was last a candidate for any 2,536
60
office;
(d) The date of the primary election held in 1996. 2,539
(10) "Filing date" means the last date on which a 2,541
candidacy petition may be filed for an office. 2,542
(11) "Applicable carry-in limit" means thirty-five 2,544
thousand dollars if the candidate is a house candidate or a 2,545
candidate for the state board of education, one hundred thousand 2,546
dollars if the candidate is a senate candidate, and two hundred 2,547
thousand dollars if the candidate is a statewide candidate other 2,548
than a candidate for the state board of education. 2,549
(12) "Campaign asset" means prepaid, purchased, or donated 2,552
assets available to the candidate on the date of the filing 2,553
deadline for the office the candidate is seeking that will be 2,554
consumed or depleted in the course of the candidate's election 2,555
campaign, including, but not limited to, postage, prepaid rent 2,556
for campaign headquarters, prepaid radio, television, and 2,557
newspaper advertising, and other prepaid consulting and personal 2,558
services.
(13) "Permitted funds" means the sum of the following: 2,560
(a) The total of the allowable aggregate contribution of 2,563
each contributor;
(b) The applicable carry-in limit. 2,565
(14) "Excess funds" means the amount by which the sum of 2,567
the total cash on hand and total reported campaign assets exceeds 2,569
permitted funds.
(B)(1) Beginning in calendar year 1998 for house 2,571
candidates and beginning in calendar year 2000 for senate 2,574
candidates and statewide candidates and in each calendar year 2,575
thereafter, each candidate who files for state office, not later 2,576
than the filing date for that office, shall dispose of any excess 2,577
funds and excess aggregate contributions. 2,578
(2) In calendar year 1998, each candidate who files for 2,580
statewide office or state senate, not later than the filing date 2,581
for that office, shall dispose of any excess aggregate 2,582
61
contributions. 2,583
(C) Any campaign committee that is required to dispose of 2,586
excess funds or excess aggregate contributions under division (B) 2,588
of this section shall dispose of that excess amount or amounts by
doing any of the following: 2,590
(1) Giving the amount to the treasurer of state for 2,593
deposit into the state treasury to the credit of the Ohio 2,594
elections commission fund;
(2) Giving the amount to individuals who made 2,597
contributions to that campaign committee as a refund of all or 2,598
part of their contributions;
(3) Giving the amount to a corporation that is exempt from 2,601
federal income taxation under subsection 501(a) and described in 2,602
subsection 501(c) of the Internal Revenue Code. 2,603
(D) No candidate shall appear on the ballot, even if the 2,605
candidate has been certified to appear on the ballot, unless the 2,606
candidate's campaign committee has disposed of excess funds and 2,607
excess aggregate contributions as required by divisions (B) and 2,609
(C) of this section.
(E) The campaign committee of each candidate required to 2,611
dispose of excess funds or excess aggregate contributions under 2,613
this section shall file a report, on a form prescribed by the 2,614
secretary of state, with the official or board with which the 2,615
candidate is required to file statements under section 3517.11 of
the Revised Code. The report shall be filed by the seventh day 2,616
following the filing deadline for the office the candidate is 2,619
seeking, shall indicate the amount of excess funds and the source 2,620
and amount of each excess aggregate contribution disposed of, and 2,621
shall describe the manner in which the campaign committee 2,622
disposed of the excess amounts. 2,623
(F)(1) Beginning in calendar year 1998, each campaign 2,626
committee of a candidate who has filed a declaration of candidacy 2,627
or a nominating petition for a state office, not later than seven 2,628
days after the date of the filing deadline for the office the 2,629
62
candidate is seeking, shall file a declaration of filing-day 2,630
finances, on a form prescribed by the secretary of state, with 2,631
the official or board with which the candidate is required to 2,632
file statements under section 3517.10 3517.11 of the Revised 2,633
Code. 2,634
(2) A declaration of filing-day finances shall list all of 2,637
the following:
(a) The amount of cash on hand in the candidate's campaign 2,640
fund on the date the filing deadline for the office the candidate 2,641
is seeking.
(b) The value and description of all campaign assets worth 2,644
five hundred dollars or more available to the candidate on the 2,645
date of the filing. Assets purchased by the campaign shall be 2,646
valued at actual cost, and in-kind contributions shall be valued 2,647
at market value.
(c) The total of all aggregate contributions; 2,650
(d) The total of all allowable aggregate contributions; 2,653
(e) The total of all excess aggregate contributions; 2,656
(f) For each contributor, if any, for whom there is an 2,659
excess aggregate contribution, the name, address, aggregate 2,660
contribution, and excess aggregate contribution; 2,661
(g) The applicable carry-in limit, if any. 2,663
(G) A campaign committee of a candidate is not required to 2,665
file a declaration of filing-day finances under division (F) of 2,666
this section if all of the following apply: 2,667
(1) The campaign committee has not accepted, DURING THE 2,669
PRE-FILING PERIOD, any aggregate contribution greater than the 2,670
applicable amount, excluding any contribution accepted before the 2,672
day of the primary election held in 1996.
(2) The campaign committee has HAD less than the carry-in 2,674
amount in cash on hand at the beginning of the pre-primary 2,676
PRE-FILING period, if applicable. 2,677
(3) The candidate files a declaration, on a form 2,679
prescribed by the secretary of state, with the official or board 2,680
63
with which the candidate is required to file statements under 2,681
section 3517.11 of the Revised Code not later than seven days 2,683
after the date of the filing deadline for the office that
candidate is seeking, stating that the candidate's campaign 2,684
committee has not accepted aggregate contributions as described 2,685
in division (G)(1) of this section and has less than the carry-in 2,686
amount in cash on hand as described in division (G)(2) of this 2,687
section.
Sec. 3517.1010. (A) As used in this section: 2,696
(1) "Aggregate contribution," "allowable aggregate 2,698
contribution," "excess aggregate contribution," and "pre-filing 2,699
period" have the same meanings as in section 3517.109 of the 2,700
Revised Code.
(2) "Filing deadline" means the last date on which a 2,702
candidacy petition may be filed for an office. 2,703
(3) "Campaign asset" means prepaid, purchased, or donated 2,705
assets, goods, or services available to the candidate's campaign 2,707
committee on the date specified in the filing required under 2,708
division (F) of this section that will be consumed, depleted, or 2,709
used in the course of the candidate's election campaign,
including, but not limited to, postage, rent for any campaign 2,710
office, radio, television, and newspaper advertising, and 2,712
consulting and personal services. 2,713
(4) "Permitted funds" means one of the following: 2,715
(a) In the case of a disposal of excess funds under 2,717
division (B)(1) of this section, the sum of the primary carry-in 2,718
amount and the product of both of the following: 2,719
(i) The sum of the campaign committee's net cash on hand 2,721
and the campaign committee's total reported campaign assets on 2,722
the day of the primary election less the primary carry-in amount; 2,723
(ii) The ratio of the sum of the allowable aggregate 2,725
contributions of each contributor to the sum of all contributions 2,726
received, during the period extending from the first day on 2,727
which, in accordance with division (D) of section 3517.103 of the 2,728
64
Revised Code, the contribution limitations prescribed in section 2,729
3517.102 of the Revised Code no longer apply to the campaign
committee through the end of the primary election period. 2,730
For the purposes of division (A)(4)(a) of this section, the 2,733
allowable aggregate contribution of each contributor is
calculated as if the limitations on contributions prescribed in 2,734
section 3517.102 of the Revised Code were in effect. 2,735
As used in division (A)(4)(a) of this section, "primary 2,738
carry-in amount" is the sum of the campaign committee's cash on
hand and reported campaign assets as reported on the campaign 2,739
committee's declaration of no limits filed pursuant to division 2,741
(D) of section 3517.103 of the Revised Code.
(b) In the case of a disposal of excess funds under 2,743
division (B)(5) of this section, the product of both of the 2,744
following:
(i) The sum of the cash on hand and reported campaign 2,746
assets at the end of the thirty-first day of December immediately 2,747
following the general election; 2,748
(ii) The ratio of the sum of the allowable aggregate 2,750
contributions of each contributor and the general carry-in amount 2,751
to the sum of all contributions received during the general 2,752
election period and the general carry-in amount. 2,753
For the purposes of division (A)(4)(b) of this section, 2,756
when a candidate has filed a declaration of no limits under
division (D)(2) of section 3517.103 of the Revised Code, the 2,757
allowable aggregate contribution calculated for each contributor 2,758
is calculated as if the limitations on contributions prescribed 2,759
in section 3517.102 of the Revised Code were in effect. 2,760
As used in division (A)(4)(b) of this section, "general 2,763
carry-in amount" is the sum of the campaign committee's reported
campaign assets and net cash on hand as of the day of the primary 2,764
election, after the committee has disposed of excess funds under 2,765
division (B)(1) of this section, if required. "General election 2,766
period" has the same meaning as in section 3517.102 of the 2,767
65
Revised Code.
(5) "Excess funds" means the amount by which the sum of 2,769
the campaign committee's cash on hand on the date specified in 2,770
the filing required to be made under division (F) of this section 2,771
and total reported campaign assets exceeds permitted funds. 2,772
(6) "Net cash on hand" means the cash on hand on the day 2,774
of the primary election less the sum of all debts and obligations 2,775
reported under division (F) of this section. 2,776
(B)(1) Except as otherwise provided in division (G) of 2,778
this section, the campaign committee of any candidate who has 2,779
filed a declaration of no limits in accordance with division (D) 2,780
of section 3517.103 of the Revised Code, and to which the 2,781
contribution limitations prescribed in section 3517.102 of the 2,782
Revised Code no longer apply during a primary election period,
shall dispose of any excess funds not later than fourteen days 2,783
after the day on which the primary election was held. 2,784
(2) The campaign committee of any candidate that has filed 2,786
a personal funds notice under division (C)(1) or (2) of section 2,787
3517.103 of the Revised Code shall, at the end of the primary 2,788
election period, do one of the following:
(a) Return that portion of the personal funds remaining in 2,790
the candidate's campaign committee fund at the end of the primary 2,791
election period that are excess funds not later than fourteen 2,792
days after the day on which the primary election was held; 2,793
(b) Retain the personal funds remaining in the candidate's 2,795
campaign committee fund at the end of the primary election period 2,796
and file a statement with the secretary of state declaring that 2,797
the campaign committee will retain those remaining personal funds 2,798
in the committee's campaign fund and indicating the amount of 2,799
remaining personal funds that would be characterized as excess 2,800
funds.
(3) If a campaign committee elects to retain personal 2,802
funds pursuant to division (B)(2)(b) of this section, both of the 2,803
following apply: 2,804
66
(a) The amount characterized as excess funds is considered 2,806
to be an expenditure of personal funds for the purpose of 2,807
determining whether the amount of personal funds the campaign 2,808
committee has received under division (C)(1) or (2) of section 2,809
3517.103 of the Revised Code during an election period exceeds 2,810
the amounts specified in those divisions.
(b) The campaign committee is not a designated state 2,812
campaign committee for the purpose of making contributions to a 2,813
legislative campaign fund or to the state candidate fund of a 2,814
state or county political party.
(4) Except as otherwise provided in division (G) of this 2,816
section, the campaign committee of any candidate that has 2,817
expended personal funds in excess of the amount specified in 2,818
division (C)(1) or (2) of section 3517.103 of the Revised Code 2,819
shall dispose of any excess funds not later than fourteen days
after the day on which the primary election is held or the 2,820
thirty-first day of December after the day on which the general 2,821
election was held, whichever is applicable, or choose to retain 2,822
personal funds under division (B)(2) of this section. The 2,823
calculation of excess funds under THIS division (B)(4) of this 2,824
section shall be made in the same manner that a campaign 2,826
committee is required to dispose of excess funds under division
(B)(1) or (5) of this section, whichever election period is 2,827
applicable. For the purposes of THIS division (B)(4) of this 2,828
section, the allowable aggregate contribution of each 2,830
contributor, including one or more contributions from the 2,831
candidate and from the candidate's spouse, parents, children, 2,832
sons-in-law, daughters-in-law, brothers, sisters, grandparents,
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, 2,833
or grandparents by marriage, is calculated for that contributor 2,834
as if the contribution limitations prescribed by section 3517.102 2,835
of the Revised Code were in effect. 2,836
(5) Except as otherwise provided in division (G) of this 2,838
section, the campaign committee of any candidate to which, in 2,839
67
accordance with division (D) of section 3517.103 of the Revised 2,840
Code, the contribution limitations prescribed in section 3517.102 2,842
of the Revised Code no longer apply during a general election
period shall dispose of any excess funds not later than the 2,844
thirty-first day of December after the day on which the general 2,845
election was held.
(6) Notwithstanding divisions (B)(1) and (2) of section 2,847
3517.109 of the Revised Code, the amount of excess aggregate 2,848
contributions required to be disposed of under those divisions by 2,849
a candidate whose contribution limitations have been reimposed 2,850
pursuant to division (D)(4) of section 3517.103 of the Revised
Code is limited to no more than the sum of the following: 2,851
(a) The difference between the sum of the cash on hand and 2,853
reported campaign assets on the date of the declaration of 2,854
candidacy filing deadline, date of death, or date of withdrawal, 2,855
whichever is applicable, less the sum of the cash on hand and 2,856
reported campaign assets reported on the campaign committee's 2,857
declaration of no limits under division (D)(2) of section 2,858
3517.103 of the Revised Code;
(b) The sum of the aggregate excess contributions of all 2,860
contributors made from the beginning of the primary election 2,861
period to the day immediately preceding the day on which 2,862
contribution limitations prescribed in section 3517.102 of the 2,863
Revised Code became inapplicable pursuant to division (D)(1) of 2,864
section 3517.103 of the Revised Code.
(C) Any campaign committee that is required to dispose of 2,866
excess funds or excess aggregate contributions under division (B) 2,867
of this section shall dispose of the excess amount or amounts in 2,868
accordance with division (C) of section 3517.109 of the Revised 2,869
Code.
(D)(1) Any candidate who knowingly fails to dispose of 2,871
excess funds or excess aggregate contributions as required by 2,872
divisions (B) and (C) of this section, except a candidate whose 2,873
campaign committee has been given a letter of substantial 2,874
68
compliance as provided for in division (D)(2) of this section, 2,875
shall not appear on the ballot, even if the candidate has been 2,876
certified to appear on the ballot.
(2) The secretary of state shall, after initially 2,878
examining and reviewing any declaration provided for in division 2,879
(F) of this section and making a determination that a campaign 2,880
committee has substantially complied with the disposal 2,881
requirements of division (B) of this section, promptly issue to 2,882
the candidate's campaign committee a letter certifying that 2,883
committee's substantial compliance.
(3) The campaign committee of a candidate for statewide 2,885
office as defined in division (A) of section 3517.109 of the 2,886
Revised Code has not substantially complied with the disposal 2,887
requirements of division (B) of this section if, upon initial 2,888
review of a declaration filed pursuant to division (F) of this 2,889
section, it is discovered that the candidate's campaign committee 2,890
has failed to dispose of excess funds or excess aggregate
contributions totaling in the aggregate more than ten thousand 2,891
dollars.
(4) The campaign committee of a candidate for member of 2,893
the general assembly has not substantially complied with the 2,894
disposal requirements of division (B) of this section if, upon 2,895
initial review of a declaration filed pursuant to division (F) of 2,896
this section, it is discovered that the candidate's campaign 2,897
committee has failed to dispose of excess funds or excess 2,898
aggregate contributions totaling in the aggregate more than
twenty-five hundred dollars. 2,899
(5) Any campaign committee that has received a letter 2,901
indicating substantial compliance as provided for in division 2,902
(D)(2) of this section shall, within thirty days after receiving 2,903
such a letter, fully comply with the disposal requirements of 2,904
division (B) of this section.
(E) When the campaign committee of a candidate files a 2,906
personal funds notice in accordance with division (C), or a 2,908
69
declaration of no limits in accordance with division (D), of 2,909
section 3517.103 of the Revised Code, the campaign committee of 2,910
each such candidate shall file in the case of a primary election 2,911
period a declaration of primary-day finances not later than
fourteen days after the day on which the primary election was 2,912
held, or shall file in the case of a general election period a 2,913
declaration of year-end finances not later than the last business 2,914
day of January of the next calendar year immediately following 2,915
the day on which the general election was held.
(F) The declaration of primary-day finances and 2,917
declaration of year-end finances shall be filed on a form 2,918
prescribed by the secretary of state and shall list all of the 2,919
following:
(1) The amount of net cash on hand in the candidate's 2,921
campaign committee fund at the end of the day on which the 2,922
primary election was held or cash on hand on the thirty-first day 2,923
of December immediately following the day on which the general 2,924
election was held, whichever is appropriate;
(2) In the case of a declaration of primary-day finances, 2,926
any debt or other obligation incurred by the committee during the 2,927
primary election period and related to the primary election of 2,928
the campaign committee's candidate;
(3) The value and description of all campaign assets worth 2,930
five hundred dollars or more available to the candidate at the 2,931
end of the day on which the primary election was held or on the 2,932
thirty-first day of December immediately following the day on 2,933
which the general election was held;
(4) The total of all aggregate contributions received by 2,935
the candidate's campaign committee during the primary or general 2,936
election period;
(5) The total of all allowable aggregate contributions 2,938
received by the candidate's campaign committee during the primary 2,939
or general election period, whichever is applicable. The 2,940
allowable aggregate contribution of each contributor shall be 2,941
70
calculated as if the contribution limitations prescribed by 2,942
section 3517.102 of the Revised Code were in effect.
(6) A description of all excess funds and excess aggregate 2,944
contributions disposed of by the candidate's campaign committee 2,945
in accordance with division (B) of this section for that 2,946
election.
(G) The campaign committee of a candidate is not required 2,948
to dispose of excess funds or excess aggregate contributions 2,949
under division (B) of this section if both of the following 2,950
apply:
(1) The campaign committee has not accepted any aggregate 2,952
contribution greater than the amount applicable under those 2,953
divisions, excluding the amount of any contribution accepted 2,954
before the day of the primary election held in 1996. 2,955
(2) The campaign committee files on a form, prescribed by 2,957
the secretary of state, with the official or board with which the 2,958
candidate is required to file statements under section 3517.11 of 2,959
the Revised Code, stating that the committee has not accepted 2,960
aggregate contributions as described in division (G)(1) of this 2,961
section.
(H) This is an interim section effective until January 1, 2,964
2000.
Sec. 3517.11. (A)(1) Campaign committees of candidates 2,968
for statewide offices or the state board of education, political 2,969
action committees or political contributing entities that make 2,970
contributions to campaign committees of candidates that are 2,972
required to file the statements prescribed by section 3517.10 of 2,973
the Revised Code with the secretary of state, political action 2,974
committees or political contributing entities that make 2,975
contributions to campaign committees of candidates for member of 2,976
the general assembly, political action committees or political 2,977
contributing entities that make contributions to state and 2,978
national political parties and to legislative campaign funds, 2,980
political action committees or political contributing entities
71
that receive contributions or make expenditures in connection 2,982
with a statewide ballot issue, political action committees or 2,983
political contributing entities that make contributions to other 2,985
political action committees or political contributing entities, 2,986
political parties, and campaign committees, except as set forth 2,987
in division (A)(3) of this section, legislative campaign funds, 2,988
and state and national political parties shall file the 2,990
statements prescribed by section 3517.10 of the Revised Code with 2,991
the secretary of state.
(2) Campaign EXCEPT AS OTHERWISE PROVIDED IN DIVISION (F) 2,993
OF SECTION 3517.106 OF THE REVISED CODE, CAMPAIGN committees of 2,995
candidates for all other offices shall file the statements 2,996
prescribed by section 3517.10 of the Revised Code with the board 2,997
of elections where their candidates are required to file their 2,998
petitions or other papers for nomination or election. 2,999
A CAMPAIGN COMMITTEE OF A CANDIDATE FOR OFFICE OF MEMBER OF 3,001
THE GENERAL ASSEMBLY SHALL FILE TWO COPIES OF THE PRINTED VERSION 3,002
OF ANY STATEMENT, ADDENDUM, OR AMENDED STATEMENT IF THE COMMITTEE 3,003
DOES NOT FILE BY ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER 3,004
DISK PURSUANT TO DIVISION (F)(1) OF SECTION 3517.106 OF THE 3,006
REVISED CODE BUT FILES BY PRINTED VERSION ONLY WITH THE 3,007
APPROPRIATE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL 3,008
SEND ONE OF THOSE COPIES BY OVERNIGHT DELIVERY SERVICE TO THE 3,009
SECRETARY OF STATE BEFORE THE CLOSE OF BUSINESS ON THE DAY THE 3,010
BOARD OF ELECTIONS RECEIVES THE STATEMENT, ADDENDUM, OR AMENDED 3,011
STATEMENT.
(3) Political action committees or political contributing 3,013
entities that only contribute to a county political party, 3,015
contribute to campaign committees of candidates whose nomination 3,016
or election is to be submitted only to electors within a county, 3,017
subdivision, or district, excluding candidates for member of the 3,018
general assembly, and receive contributions or make expenditures 3,019
in connection with ballot questions or issues to be submitted 3,020
only to electors within a county, subdivision, or district, shall 3,021
72
file the statements prescribed by section 3517.10 of the Revised 3,022
Code with the board of elections in that county or in the county 3,023
contained in whole or part within the subdivision or district 3,024
having a population greater than that of any other county 3,025
contained in whole or part within that subdivision or district, 3,026
as the case may be.
(4) County political parties shall file the statements 3,028
prescribed by section 3517.10 of the Revised Code with the board 3,029
of elections of their respective counties. 3,030
(B)(1) The official with whom petitions and other papers 3,032
for nomination or election to public office are filed shall 3,033
furnish each candidate at the time of that filing a copy of 3,034
sections 3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3,036
3599.03, and 3599.031 of the Revised Code and any other materials 3,037
that the secretary of state may require. Each candidate 3,038
receiving the materials shall acknowledge their receipt in 3,039
writing. Each board of elections shall send a copy of each
statement, addendum, amendment, or other correction to a 3,040
statement filed with or received by it for a candidate for member 3,041
of the general assembly to the secretary of state not later than 3,042
two business days after the statement, addendum, amendment, or 3,043
other correction is filed with or received by the board, EXCEPT 3,044
WHEN THE STATEMENT, ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO 3,045
THE STATEMENT IS FILED BY ELECTRONIC MEANS OF TRANSMISSION
DIRECTLY WITH THE SECRETARY OF STATE PURSUANT TO DIVISION (F) OF 3,047
SECTION 3517.106 OF THE REVISED CODE.
(2) On or before the tenth day before the dates on which 3,049
statements are required to be filed by section 3517.10 of the 3,050
Revised Code, every candidate subject to the provisions of this 3,051
section and section SECTIONS 3517.10 AND 3517.106 of the Revised 3,053
Code shall be notified of the requirements and applicable 3,055
penalties of those sections. The secretary of state, by certified 3,056
mail with, return receipt requested, shall notify all candidates 3,058
required to file those statements with the secretary of state's 3,059
73
office. The board of elections of every county shall notify by 3,061
first class mail any candidate who has personally appeared at the 3,062
office of the board on or before the tenth day before the 3,063
statements are required to be filed and signed a form, to be 3,065
provided by the secretary of state, attesting that the candidate 3,066
has been notified of the candidate's obligations under the 3,067
campaign finance REPORTING law. The board shall forward the 3,068
completed form to the secretary of state. The board shall use 3,070
certified mail with, return receipt requested, to notify all 3,071
other candidates required to file those statements with it. 3,072
(3)(a) Any statement required to be filed under sections 3,074
3517.081 to 3517.17 of the Revised Code that is found to be 3,076
incomplete or inaccurate by the officer to whom it is submitted
shall be accepted on a conditional basis, and the person who 3,077
filed it shall be notified by certified mail as to the incomplete 3,078
or inaccurate nature of the statement. The secretary of state 3,079
may examine statements filed for candidates for the office of 3,080
member of the general assembly for completeness and accuracy. ON 3,081
AND AFTER JANUARY 1, 2001, THE SECRETARY OF STATE SHALL EXAMINE 3,082
FOR COMPLETENESS AND ACCURACY STATEMENTS THAT CAMPAIGN COMMITTEES 3,084
OF CANDIDATES FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY 3,085
FILE BY ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO DIVISION (F) 3,086
OF SECTION 3517.106 OF THE REVISED CODE. If an officer at the 3,088
board of elections where a statement of that type FILED FOR A 3,089
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY was 3,090
submitted finds the statement to be incomplete or inaccurate, the 3,091
officer shall immediately notify the secretary of state of its 3,093
incomplete or inaccurate nature. If either an officer at the
board of elections or the secretary of state finds a statement of 3,094
that type FILED FOR A CANDIDATE FOR THE OFFICE OF MEMBER OF THE 3,095
GENERAL ASSEMBLY to be incomplete or inaccurate, only the 3,096
secretary of state shall send the notification as to the 3,097
incomplete or inaccurate nature of the statement. Within 3,098
WITHIN twenty-one days after receipt of THE notice, in the 3,103
74
case of a pre-election PREELECTION statement, a postelection 3,105
statement, a monthly statement, or an annual statement prescribed 3,106
by section 3517.10, an annual statement prescribed by section 3,107
3517.101, or a statement prescribed by division (B)(2)(b) or 3,109
(D)(C)(2)(b) of section 3517.105 or section 3517.107 of the 3,110
Revised Code, the recipient shall file an addendum, AMENDMENT, OR 3,113
OTHER CORRECTION to the statement providing the information 3,115
necessary to complete or correct the statement. THE SECRETARY OF 3,116
STATE MAY REQUIRE THAT, IN LIEU OF FILING AN ADDENDUM, AMENDMENT, 3,117
OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY ELECTRONIC 3,118
MEANS OF TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE OR 3,119
ON COMPUTER DISK WITH THE APPROPRIATE BOARD OF ELECTIONS PURSUANT 3,120
TO SECTION 3517.106 OF THE REVISED CODE, THE RECIPIENT OF THE 3,121
NOTICE DESCRIBED IN THIS DIVISION FILE BY ELECTRONIC MEANS OF 3,122
TRANSMISSION, OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK WITH 3,123
THE APPROPRIATE BOARD OF ELECTIONS IF THE ORIGINAL STATEMENT WAS 3,125
FILED ON COMPUTER DISK, AN AMENDED STATEMENT THAT INCORPORATES
THE INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT. 3,127
The secretary of state shall determine by rule when an addendum, 3,128
AMENDMENT, OR OTHER CORRECTION to a two-business-day statement 3,130
prescribed by section 3517.10 of the Revised Code OR AN AMENDED 3,131
TWO-BUSINESS-DAY STATEMENT shall be filed. AN ADDENDUM, 3,132
AMENDMENT, OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY 3,133
ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER DISK PURSUANT TO 3,134
SECTION 3517.106 OF THE REVISED CODE SHALL BE FILED IN THE SAME
MANNER AS THE STATEMENT. THE PROVISIONS OF SECTIONS 3517.10 AND 3,136
3517.106 OF THE REVISED CODE PERTAINING TO THE FILING OF 3,137
STATEMENTS OF CONTRIBUTIONS AND EXPENDITURES AND STATEMENTS OF
INDEPENDENT EXPENDITURES BY ELECTRONIC MEANS OF TRANSMISSION OR 3,138
ON COMPUTER DISK APPLY TO THE FILING OF ADDENDA, AMENDMENTS, OR 3,139
OTHER CORRECTIONS TO THOSE STATEMENTS BY ELECTRONIC MEANS OF 3,140
TRANSMISSION OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK AND THE 3,141
FILING OF AMENDED STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION 3,142
OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK. 3,144
75
(b) WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE 3,147
RECEIVES, BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, AN
ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT OR AN 3,148
AMENDED STATEMENT UNDER DIVISION (B)(3)(a) OF THIS SECTION, THE 3,149
SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), (F), (G), AND (I) 3,151
OF SECTION 3517.106 OF THE REVISED CODE, SHALL MAKE THE
CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT ADDENDUM, 3,153
AMENDMENT, CORRECTION, OR AMENDED STATEMENT AVAILABLE ONLINE TO
THE PUBLIC THROUGH THE INTERNET. AS USED IN THIS DIVISION, 3,154
"INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 OF THE 3,156
REVISED CODE.
(4)(a) The secretary of state or the board of elections 3,159
shall examine all statements for compliance with sections 3517.08 3,160
to 3517.17 of the Revised Code. 3,161
(b) The secretary of state may contract with an individual 3,163
or entity not associated with the secretary of state and 3,165
experienced in interpreting the campaign finance reporting law of 3,166
this state to conduct examinations of statements filed by any 3,167
statewide candidate, as this term is defined in section 3517.103 3,168
of the Revised Code. 3,169
(c) The examination shall be conducted by a person or 3,172
entity qualified to conduct it. The results of the examination 3,173
shall be available to the public, and, when the examination is 3,174
conducted by an individual or entity not associated with the 3,176
secretary of state, the results of the examination shall be 3,177
reported to the secretary of state.
(C)(1) In the event of a failure to file or a late filing 3,179
of a statement required to be filed under sections 3517.081 to 3,180
3517.17 of the Revised Code or if a filed statement or any 3,181
addendum to the statement, if an addendum is required to be 3,182
filed, is incomplete or inaccurate, or appears to disclose a 3,183
failure to comply with or a violation of law, the official whose 3,185
duty it is to examine the statement shall promptly file a 3,186
complaint with the Ohio elections commission under section 3,188
76
3517.153 of the Revised Code if the law is one over which the
commission has jurisdiction to hear complaints, or the official 3,190
shall promptly report the failure or violation to the board of 3,192
elections and the board shall promptly report it to the 3,193
prosecuting attorney in accordance with division (J) of section 3,194
3501.11 of the Revised Code. If the official files a complaint 3,195
with the commission, the commission shall proceed in accordance 3,196
with sections 3517.154 to 3517.157 of the Revised Code. 3,197
(2) For purposes of division (C)(1) of this section, a 3,199
statement or an addendum to a statement required to be filed 3,201
under sections 3517.081 to 3517.17 of the Revised Code is 3,203
incomplete or inaccurate under this section if the statement or 3,204
addendum fails to disclose substantially all contributions that 3,205
are received from a source and that are required to be reported 3,206
under sections 3517.10, 3517.107, and 3517.108 of the Revised 3,208
Code or if the statement or addendum fails to disclose at least 3,210
ninety per cent of the total contributions received or of the 3,211
total expenditures made during the reporting period. 3,212
(D) No certificate of nomination or election shall be 3,214
issued to a person, and no person elected to an office shall 3,216
enter upon the performance of the duties of that office, until 3,217
that person or that person's campaign committee, as appropriate, 3,220
has fully complied with this section and sections 3517.08, 3,222
3517.081, 3517.10, and 3517.13 of the Revised Code.
Sec. 3517.13. (A)(1) No campaign committee for a 3,231
candidate whose candidacy for nomination or election was 3,233
submitted to electors throughout the entire state shall fail to 3,234
file a complete and accurate statement required under division 3,235
(A)(1) of section 3517.10 of the Revised Code. 3,237
(2) No campaign committee of a statewide candidate shall 3,240
fail to file a complete and accurate monthly statement, and no
campaign committee of a statewide candidate or a candidate for 3,242
the office of chief justice or justice of the supreme court shall 3,243
fail to file a complete and accurate two-business-day statement, 3,244
77
as required under section 3517.10 of the Revised Code. 3,246
As used in THIS division (A)(2) of this section, "statewide 3,249
candidate" has the same meaning as in division (F)(2) of section 3,250
3517.10 of the Revised Code.
(B) No campaign committee for a candidate whose candidacy 3,252
for nomination or election was submitted to electors within a 3,253
county or district shall fail to file a complete and accurate 3,254
statement required under division (A)(1) of section 3517.10 of 3,256
the Revised Code.
(C) No campaign committee shall fail to file a complete 3,259
and accurate statement required under division (A)(2) of section 3,260
3517.10 of the Revised Code. 3,261
(D) No campaign committee shall fail to file a complete 3,263
and accurate statement required under division (A)(3) of section 3,265
3517.10 of the Revised Code. 3,266
(E) No person other than a campaign committee shall 3,268
knowingly fail to file a statement required under section 3517.10 3,269
or 3517.107 of the Revised Code. 3,271
(F) No person shall make cash contributions to any person 3,273
totaling more than one hundred dollars in each primary, special, 3,274
or general election. 3,275
(G)(1) No person shall knowingly conceal or misrepresent 3,278
contributions given or received, expenditures made, or any other 3,280
information required to be reported by a provision in sections 3,282
3517.08 to 3517.13 and 3517.17 of the Revised Code. 3,283
(2)(a) No person shall make a contribution to a campaign 3,286
committee, political action committee, legislative campaign fund, 3,287
political party, or political contributing entity in the name of 3,288
another person. 3,289
(b) A person does not make a contribution in the name of 3,291
another when either of the following applies: 3,292
(i) An individual makes a contribution from a partnership 3,294
or unincorporated business account, if the contribution is 3,295
reported by listing both the name of the partnership or 3,296
78
unincorporated business and the name of the partner or owner 3,297
making the contribution.
(ii) A person makes a contribution in that person's 3,299
spouse's name or in both of their names. 3,300
(H) No person within this state, publishing a newspaper or 3,302
other periodical, shall charge a campaign committee for political 3,303
advertising a rate in excess of the rate such person would charge 3,304
if the campaign committee were a general rate advertiser whose 3,305
advertising was directed to promoting its business within the 3,306
same area as that encompassed by the particular office that the 3,308
candidate of the campaign committee is seeking. The rate shall 3,309
take into account the amount of space used, as well as the type 3,310
of advertising copy submitted by or on behalf of the campaign 3,311
committee. All discount privileges otherwise offered by a 3,312
newspaper or periodical to general rate advertisers shall be 3,313
available upon equal terms to all campaign committees. 3,314
No person within this state, operating a radio or 3,316
television station or network of stations in this state, shall 3,317
charge a campaign committee for political broadcasts a rate that 3,319
exceeds: 3,320
(1) During the forty-five days preceding the date of a 3,322
primary election and during the sixty days preceding the date of 3,323
a general or special election in which the candidate of the 3,324
campaign committee is seeking office, the lowest unit charge of 3,325
the station for the same class and amount of time for the same 3,326
period; 3,327
(2) At any other time, the charges made for comparable use 3,329
of such station by its other users. 3,330
(I) Subject to divisions (K), (L), (M), and (N) of this 3,332
section, no agency or department of this state or any political 3,333
subdivision shall award any contract, other than one let by 3,334
competitive bidding or a contract incidental to such contract or 3,335
which is by force account, for the purchase of goods costing more 3,336
than five hundred dollars or services costing more than five 3,337
79
hundred dollars to any individual, partnership, association, 3,338
including, without limitation, a professional association 3,339
organized under Chapter 1785. of the Revised Code, estate, or 3,340
trust if the individual has made or the individual's spouse has 3,342
made, or any partner, shareholder, administrator, executor, or 3,343
trustee, or the spouses of any of them has made, as an 3,344
individual, within the two previous calendar years, one or more 3,345
contributions totaling in excess of one thousand dollars to the 3,346
holder of the public office having ultimate responsibility for 3,347
the award of the contract or to the public officer's campaign 3,348
committee.
(J) Subject to divisions (K), (L), (M), and (N) of this 3,350
section, no agency or department of this state or any political 3,351
subdivision shall award any contract, other than one let by 3,352
competitive bidding or a contract incidental to such contract or 3,353
which is by force account, for the purchase of goods costing more 3,354
than five hundred dollars or services costing more than five 3,355
hundred dollars to a corporation or business trust, except a 3,356
professional association organized under Chapter 1785. of the 3,357
Revised Code, if an owner of more than twenty per cent of the 3,358
corporation or business trust or the spouse of such person, has 3,359
made, as an individual, within the two previous calendar years, 3,360
taking into consideration only owners for all of such period, one 3,361
or more contributions totaling in excess of one thousand dollars 3,362
to the holder of a public office having ultimate responsibility 3,363
for the award of the contract or to the public officer's campaign 3,364
committee.
(K) For purposes of divisions (I) and (J) of this section, 3,366
if a public officer who is responsible for the award of a 3,367
contract is appointed by the governor, whether or not the 3,368
appointment is subject to the advice and consent of the senate, 3,369
excluding members of boards, commissions, committees, 3,370
authorities, councils, boards of trustees, task forces, and other 3,371
such entities appointed by the governor, the office of the 3,372
80
governor is considered to have ultimate responsibility for the 3,373
award of the contract. 3,374
(L) For purposes of divisions (I) and (J) of this section, 3,376
if a public officer who is responsible for the award of a 3,377
contract is appointed by the elected chief executive officer of a 3,378
municipal corporation, or appointed by the elected chief 3,379
executive officer of a county operating under an alternative form 3,380
of county government or county charter, excluding members of 3,381
boards, commissions, committees, authorities, councils, boards of 3,382
trustees, task forces, and other such entities appointed by the 3,383
chief executive officer, the office of the chief executive 3,384
officer is considered to have ultimate responsibility for the 3,385
award of the contract. 3,386
(M)(1) Divisions (I) and (J) of this section do not apply 3,388
to contracts awarded by the board of commissioners of the sinking 3,389
fund, municipal legislative authorities, boards of education, 3,390
boards of county commissioners, boards of township trustees, or 3,391
other boards, commissions, committees, authorities, councils, 3,392
boards of trustees, task forces, and other such entities created 3,393
by law, by the supreme court or courts of appeals, by county 3,394
courts consisting of more than one judge, courts of common pleas 3,395
consisting of more than one judge, or municipal courts consisting 3,396
of more than one judge, or by a division of any court if the 3,397
division consists of more than one judge. Division (M)(1) of 3,398
this section shall apply to the specified entity only if the 3,399
members of the entity act collectively in the award of a contract 3,400
for goods or services. 3,401
(2) Divisions (I) and (J) of this section do not apply to 3,403
actions of the controlling board. 3,404
(N)(1) Divisions (I) and (J) of this section apply to 3,406
contributions made to the holder of a public office having 3,407
ultimate responsibility for the award of a contract, or to the 3,409
public officer's campaign committee, during the time the person 3,411
holds the office and during any time such person was a candidate 3,412
81
for the office. These divisions do not apply to contributions 3,413
made to, or to the campaign committee of, a candidate for or 3,414
holder of the office other than the holder of the office at the 3,415
time of the award of the contract. 3,416
(2) Divisions (I) and (J) of this section do not apply to 3,418
contributions of a partner, shareholder, administrator, executor, 3,419
trustee, or owner of more than twenty per cent of a corporation 3,420
or business trust made before the person held any of those 3,421
positions or after the person ceased to hold any of those 3,422
positions in the partnership, association, estate, trust, 3,423
corporation, or business trust whose eligibility to be awarded a 3,424
contract is being determined, nor to contributions of the 3,425
person's spouse made before the person held any of those 3,426
positions, after the person ceased to hold any of those 3,427
positions, before the two were married, or after the granting of 3,428
a decree of divorce, dissolution of marriage, or nullity, or the 3,429
granting of an order in an action brought solely for legal 3,430
separation. These divisions do not apply to contributions of the 3,431
spouse of an individual whose eligibility to be awarded a 3,432
contract is being determined made before the two were married, or 3,433
after the granting of a decree of divorce, dissolution of 3,434
marriage, or nullity, or the granting of an order in an action 3,435
brought solely for legal separation. 3,436
(O) No beneficiary of a campaign fund or other person 3,438
shall convert for personal use, and no person shall knowingly 3,440
give to a beneficiary of a campaign fund or any other person, for 3,441
the beneficiary's or any other person's personal use, anything of 3,443
value from the beneficiary's campaign fund, including, without 3,444
limitation, payments to a beneficiary for services the 3,445
beneficiary personally performs, except as reimbursement for any 3,446
of the following:
(1) Legitimate and verifiable prior campaign expenses 3,448
incurred by the beneficiary; 3,449
(2) Legitimate and verifiable, ordinary, and necessary 3,451
82
prior expenses incurred by the beneficiary in connection with 3,452
duties as the holder of a public office, including, without 3,453
limitation, expenses incurred through participation in 3,454
nonpartisan or bipartisan events if the participation of the 3,455
holder of a public office would normally be expected; 3,456
(3) Legitimate and verifiable ordinary and necessary prior 3,458
expenses incurred by the beneficiary while: 3,459
(a) Engaged in activities in support of or opposition to a 3,461
candidate other than the beneficiary, political party, or ballot 3,462
issue; 3,463
(b) Raising funds for a political party, political action 3,465
committee, political contributing entity, legislative campaign 3,466
fund, campaign committee, or other candidate; 3,468
(c) Participating in the activities of a political party, 3,470
political action committee, political contributing entity, 3,471
legislative campaign fund, or campaign committee; or 3,473
(d) Attending a political party convention or other 3,475
political meeting. 3,476
For purposes of this division, an expense is incurred 3,478
whenever a beneficiary has either made payment or is obligated to 3,479
make payment, as by the use of a credit card or other credit 3,480
procedure or by the use of goods or services received on account. 3,481
(P) No beneficiary of a campaign fund shall knowingly 3,483
accept, and no person shall knowingly give to the beneficiary of 3,484
a campaign fund, reimbursement for an expense under division (O) 3,485
of this section to the extent that the expense previously was 3,486
reimbursed or paid from another source of funds. If an expense 3,487
is reimbursed under division (O) of this section and is later 3,488
paid or reimbursed, wholly or in part, from another source of 3,489
funds, the beneficiary shall repay the reimbursement received 3,490
under division (O) of this section to the extent of the payment 3,491
made or reimbursement received from the other source. 3,492
(Q) No candidate or public official or employee shall 3,494
accept for personal or business use anything of value from a 3,495
83
political party, political action committee, political 3,497
contributing entity, legislative campaign fund, or campaign 3,498
committee other than the candidate's or public official's or 3,500
employee's own campaign committee, and no person shall knowingly 3,501
give to a candidate or public official or employee anything of 3,502
value from a political party, political action committee, 3,503
political contributing entity, legislative campaign fund, or such 3,505
a campaign committee, except for the following: 3,506
(1) Reimbursement for legitimate and verifiable, ordinary, 3,508
and necessary prior expenses not otherwise prohibited by law 3,509
incurred by the candidate or public official or employee while 3,510
engaged in any legitimate activity of the political party, 3,511
political action committee, political contributing entity, 3,512
legislative campaign fund, or such campaign committee. Without 3,514
limitation, reimbursable expenses under this division include 3,515
those incurred while: 3,516
(a) Engaged in activities in support of or opposition to 3,518
another candidate, political party, or ballot issue; 3,519
(b) Raising funds for a political party, legislative 3,521
campaign fund, campaign committee, or another candidate; or 3,522
(c) Attending a political party convention or other 3,524
political meeting. 3,525
(2) Compensation not otherwise prohibited by law for 3,527
actual and valuable personal services rendered under a written 3,528
contract to the political party, political action committee, 3,529
political contributing entity, legislative campaign fund, or such 3,531
campaign committee for any legitimate activity of the political 3,533
party, political action committee, political contributing entity, 3,534
legislative campaign fund, or such campaign committee. 3,536
Reimbursable expenses under this division do not include, 3,538
and it is a violation of this division for a candidate or public 3,539
official or employee to accept, or for any person to knowingly 3,540
give to a candidate or public official or employee from a 3,541
political party, political action committee, political 3,543
84
contributing entity, legislative campaign fund, or campaign 3,544
committee other than the candidate's or public official's or 3,546
employee's own campaign committee, anything of value for 3,547
activities primarily related to the candidate's or public 3,548
official's or employee's own campaign for election, except for 3,550
contributions to the candidate's or public official's or 3,552
employee's campaign committee. 3,553
For purposes of this division, an expense is incurred 3,555
whenever a candidate or public official or employee has either 3,556
made payment or is obligated to make payment, as by the use of a 3,557
credit card or other credit procedure, or by the use of goods or 3,558
services on account. 3,559
(R)(1) Division (O) or (P) of this section does not 3,561
prohibit a campaign committee from making direct advance or post 3,562
payment from contributions to vendors for goods and services for 3,563
which reimbursement is permitted under division (O) of this 3,564
section, except that no campaign committee shall pay its 3,565
candidate or other beneficiary for services personally performed 3,566
by the candidate or other beneficiary. 3,567
(2) If any expense that may be reimbursed under division 3,569
(O), (P), or (Q) of this section is part of other expenses that 3,570
may not be paid or reimbursed, the separation of the two types of 3,571
expenses for the purpose of allocating for payment or 3,572
reimbursement those expenses that may be paid or reimbursed may 3,573
be by any reasonable accounting method, considering all of the 3,574
surrounding circumstances. 3,575
(3) For purposes of divisions (O), (P), and (Q) of this 3,577
section, mileage allowance at a rate not greater than that 3,578
allowed by the internal revenue service at the time the travel 3,579
occurs may be paid instead of reimbursement for actual travel 3,580
expenses allowable. 3,581
(S)(1) As used in division (S) of this section: 3,583
(a) "State elective office" has the same meaning as in 3,585
section 3517.092 of the Revised Code. 3,586
85
(b) "Federal office" means a federal office as defined in 3,588
the Federal Election Campaign Act. 3,589
(c) "Federal campaign committee" means a principal 3,591
campaign committee or authorized committee as defined in the 3,593
Federal Election Campaign Act. 3,594
(2) No person who is a candidate for state elective office 3,596
and who previously sought nomination or election to a federal 3,598
office shall transfer any funds or assets from that person's 3,600
federal campaign committee for nomination or election to the 3,602
federal office to that person's campaign committee as a candidate
for state elective office. 3,604
(3) No campaign committee of a person who is a candidate 3,606
for state elective office and who previously sought nomination or 3,608
election to a federal office shall accept any funds or assets 3,609
from that person's federal campaign committee for that person's 3,610
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) 3,612
of section 3517.102 of the Revised Code, a state or county 3,614
political party shall not disburse moneys from any account other 3,615
than a state candidate fund to make contributions to any of the 3,616
following:
(a) A state candidate fund; 3,618
(b) A legislative campaign fund; 3,620
(c) A campaign committee of a candidate for the office of 3,622
governor, lieutenant governor, secretary of state, auditor of 3,623
state, treasurer of state, attorney general, member of the state 3,624
board of education, or member of the general assembly. 3,625
(2) No state candidate fund, legislative campaign fund, or 3,627
campaign committee of a candidate for any office described in 3,628
division (T)(1)(c) of this section shall knowingly accept a 3,629
contribution in violation of division (T)(1) of this section. 3,630
(U) No person shall fail to file the statement required 3,632
under section 3517.12 of the Revised Code. 3,633
(V) No campaign committee shall fail to file a statement 3,635
86
required under division (K)(3) of section 3517.10 of the Revised 3,636
Code.
(W)(1) NO FOREIGN NATIONAL SHALL, DIRECTLY OR INDIRECTLY 3,638
THROUGH ANY OTHER PERSON OR ENTITY, MAKE A CONTRIBUTION, 3,639
EXPENDITURE, OR INDEPENDENT EXPENDITURE OR PROMISE, EITHER 3,640
EXPRESSLY OR IMPLICITLY, TO MAKE A CONTRIBUTION, EXPENDITURE, OR 3,641
INDEPENDENT EXPENDITURE IN SUPPORT OF OR OPPOSITION TO A 3,642
CANDIDATE FOR ANY ELECTIVE OFFICE IN THIS STATE, INCLUDING AN
OFFICE OF A POLITICAL PARTY. 3,643
(2) NO CANDIDATE, CAMPAIGN COMMITTEE, POLITICAL ACTION 3,645
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 3,646
FUND, STATE CANDIDATE FUND, POLITICAL PARTY, OR SEPARATE 3,647
SEGREGATED FUND SHALL SOLICIT OR ACCEPT A CONTRIBUTION, 3,648
EXPENDITURE, OR INDEPENDENT EXPENDITURE FROM A FOREIGN NATIONAL. 3,649
THE SECRETARY OF STATE MAY DIRECT ANY CANDIDATE, COMMITTEE, FUND, 3,651
ENTITY, OR PARTY THAT ACCEPTS A CONTRIBUTION, EXPENDITURE, OR 3,652
INDEPENDENT EXPENDITURE IN VIOLATION OF THIS DIVISION TO RETURN 3,653
THE CONTRIBUTION, EXPENDITURE, OR INDEPENDENT EXPENDITURE OR, IF 3,654
IT IS NOT POSSIBLE TO RETURN THE CONTRIBUTION, EXPENDITURE OR 3,655
INDEPENDENT EXPENDITURE, THEN TO RETURN INSTEAD THE VALUE OF IT,
TO THE CONTRIBUTOR. 3,656
(3) AS USED IN THIS SECTION, "FOREIGN NATIONAL" HAS THE 3,658
SAME MEANING AS IN SECTION 441e(b) OF THE FEDERAL ELECTION 3,660
CAMPAIGN ACT.
Sec. 3517.151. (A) Before January 1, 1996, affidavits, 3,669
complaints, or reports with respect to acts or failures to act 3,670
under sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3,671
3517.22, 3599.03, and 3599.031 of the Revised Code shall be 3,672
presented to the Ohio elections commission created under section 3,674
3517.14 of the Revised Code. On and after January 1, 1996, 3,675
complaints with respect to acts or failures to act under the 3,676
sections listed in division (A) of section 3517.153 of the 3,678
Revised Code shall be filed with the Ohio elections commission 3,679
created under section 3517.152 of the Revised Code. 3,680
87
(B)(1) If a complaint filed with the Ohio elections 3,683
commission created under section 3517.152 of the Revised Code 3,684
alleges an act or failure to act that occurred before the 3,685
effective date of this section AUGUST 24, 1995, and the 3,686
commission imposes a fine, sections 3599.99 3517.99 and 3599.991 3,687
3517.991 of the Revised Code, and not sections 3599.992 3517.992 3,689
and 3599.993 3517.993 of the Revised Code, shall apply. 3,691
(2) If a complaint filed with the Ohio elections 3,694
commission created under section 3517.152 of the Revised Code 3,695
alleges an act or failure to act that is a violation of section 3,696
3517.13 of the Revised Code, divisions (A) through TO (R) of that 3,697
section apply to the act or failure to act if it occurred before 3,698
the effective date of this section AUGUST 24, 1995, and divisions 3,700
(A) through TO (U) of that section apply to the act or failure to 3,701
act if it occurs on or after the effective date of this section 3,703
AUGUST 24, 1995, BUT BEFORE JULY 13, 1998, DIVISIONS (A) TO (V) 3,705
OF THAT SECTION APPLY TO THE ACT OR FAILURE TO ACT IF IT OCCURS 3,706
ON OR AFTER JULY 13, 1998, BUT BEFORE THE EFFECTIVE DATE OF THIS 3,707
AMENDMENT, AND DIVISIONS (A) TO (W) OF THAT SECTION APPLY TO THE 3,708
ACT OR FAILURE TO ACT IF IT OCCURS ON OR AFTER THE EFFECTIVE DATE 3,709
OF THIS AMENDMENT.
(C) The Ohio elections commission created under section 3,712
3517.14 of the Revised Code is abolished at the close of business 3,713
on December 31, 1995.
Sec. 3517.152. (A)(1) There is hereby created the Ohio 3,723
elections commission consisting of seven members.
Not later than forty-five days after August 24, 1995, the 3,727
speaker of the house of representatives and the leader in the 3,728
senate of the political party of which the speaker is a member 3,729
shall jointly submit to the governor a list of five persons who 3,730
are affiliated with that political party. Not later than 3,731
forty-five days after August 24, 1995, the two legislative 3,733
leaders in the two houses of the general assembly of the major
political party of which the speaker is not a member shall 3,734
88
jointly submit to the governor a list of five persons who are 3,735
affiliated with the major political party of which the speaker is 3,737
not a member. Not later than fifteen days after receiving each 3,738
list, the governor shall appoint three persons from each list to 3,739
the commission. The governor shall appoint one person from each 3,740
list to a term that ends on December 31, 1996, one person from 3,742
each list to a term that ends on December 31, 1997, and one 3,743
person from each list to a term that ends on December 31, 1998. 3,744
Not later than thirty days after the governor appoints 3,746
these six members, they shall, by a majority vote, appoint to the 3,748
commission a seventh member, who shall not be affiliated with a 3,749
political party. If the six members fail to appoint the seventh 3,750
member within this thirty-day period, the chief justice of the 3,751
supreme court, not later than thirty days after the end of the
period during which the six members were required to appoint a 3,752
member, shall appoint the seventh member, who shall not be 3,753
affiliated with a political party. The seventh member shall be 3,754
appointed to a term that ends on December 31, 2001. Terms of the 3,755
initial members appointed under THIS division (A)(1) of this 3,756
section begin on January 1, 1996.
(2) If a vacancy occurs in the position of the seventh 3,758
member, who is not affiliated with a political party, the six 3,759
remaining members by a majority vote shall appoint, not later 3,760
than fifteen FORTY-FIVE days after the date of the vacancy, the 3,762
seventh member of the commission, who shall not be affiliated
with a political party. If these members fail to appoint the 3,763
seventh member within this fifteen-day FORTY-FIVE-DAY period, the 3,764
chief justice of the supreme court, within fifteen days after the 3,766
end of this period, shall appoint the seventh member, who shall 3,767
not be affiliated with a political party. If a vacancy occurs in
any of the other six positions on the commission, the legislative 3,768
leaders of the political party from whose list of persons the 3,769
member being replaced was appointed shall submit to the governor, 3,770
not later than thirty days after the date of the vacancy, a list 3,771
89
of three persons who are affiliated with that political party. 3,772
Not later than fifteen days after receiving the list, the
governor, with the advice and consent of the senate, shall 3,774
appoint one person from the list to the commission.
(3) At no time shall more than six members of the 3,776
commission be affiliated with a political party, and, of these 3,777
six members, not more than three shall be affiliated with the 3,778
same political party. 3,779
(4) In making appointments to the commission, the governor 3,782
shall take into consideration the various geographic areas of 3,783
this state and shall appoint members so that those areas are 3,784
represented on the commission in a balanced manner, to the extent 3,785
feasible.
(5) Members of the commission shall be registered electors 3,788
and shall be of good moral character. 3,789
(B) Each member of the commission shall hold office from 3,792
the date of the member's appointment until the end of the term 3,793
for which the member was appointed. A member appointed to fill a 3,794
vacancy occurring prior to the expiration of the term for which 3,795
the member's predecessor was appointed shall hold office for the 3,796
remainder of that term. A member shall continue in office 3,797
subsequent to the expiration date of the member's term until the 3,798
member's successor takes office or until a period of sixty days 3,800
has elapsed, whichever occurs first. After the initial terms of 3,801
office provided for in division (A)(1) of this section, terms of 3,802
office shall be for five years. 3,803
(C) A vacancy in the Ohio elections commission may be 3,806
caused by death, resignation, or three absences from commission 3,807
meetings in a calendar year if those absences are caused by 3,808
reasons declared invalid by a vote of five members of the 3,809
remaining members of the commission.
(D) Each member of the commission while in the performance 3,812
of the business of the commission shall be entitled to receive 3,813
compensation at the rate of twenty-five thousand dollars per 3,814
90
year. Members shall be reimbursed for expenses actually and 3,815
necessarily incurred in the performance of their duties. 3,816
(E) No member of the commission shall serve more than one 3,819
full term unless the terms served are served nonconsecutively. 3,820
(F)(1) No member of the commission shall do or be any of 3,823
the following:
(a) Hold, or be a candidate for, a public office; 3,826
(b) Serve on a committee supporting or opposing a 3,829
candidate or ballot question or issue;
(c) Be an officer of the state central committee, a county 3,832
central committee, or a district, city, township, or other 3,833
committee of a political party or an officer of the executive 3,834
committee of the state central committee, a county central 3,835
committee, or a district, city, township, or other committee of a 3,836
political party;
(d) Be a legislative agent as defined in section 101.70 of 3,839
the Revised Code or an executive agency lobbyist as defined in 3,840
section 121.60 of the Revised Code; 3,841
(e) Solicit or be involved in soliciting contributions on 3,844
behalf of a candidate, campaign committee, political party, 3,845
political action committee, or political contributing entity; 3,846
(f) Be in the unclassified service under section 124.11 of 3,849
the Revised Code;
(g) Be a person or employee described in divisions (C)(1) 3,852
to (15) of section 4117.01 of the Revised Code. 3,853
(2) No member or employee of the commission shall make a 3,856
contribution to, or for the benefit of, a campaign committee or 3,857
committee in support of or opposition to a ballot question or 3,858
issue, a political party, a legislative campaign fund, a 3,859
political action committee, or a political contributing entity. 3,860
(G)(1) The members of the commission shall elect a 3,862
chairperson and a vice-chairperson. At no time shall the 3,864
chairperson and vice-chairperson be affiliated with the same 3,866
political party. The chairperson shall serve in that capacity 3,867
91
for one year and shall not serve as chairperson more than twice 3,869
during a term as a member of the commission. No two successive 3,870
chairpersons shall be affiliated with the same political party. 3,871
(2) The commission shall meet at the call of the 3,873
chairperson or upon the written request of a majority of the 3,874
members. The meetings and hearings of the commission or a panel 3,875
of the commission under sections 3517.153 to 3517.157 of the 3,876
Revised Code are subject to section 121.22 of the Revised Code. 3,877
(3) The commission shall adopt rules for its procedures in 3,880
accordance with Chapter 119. of the Revised Code. Five of the 3,881
seven members constitute a quorum. Except as otherwise provided 3,882
in this section and in sections 3517.154 to 3517.157 of the 3,883
Revised Code, no action shall be taken without the concurrence of 3,884
a majority of the members. 3,885
(H)(1) The commission shall employ the technical, 3,888
professional, and clerical employees that are necessary for it to 3,889
carry out its duties.
(2)(a) Notwithstanding section 109.02 of the Revised Code, 3,892
the commission shall employ a full-time attorney, and, as needed, 3,894
one or more investigatory attorneys to conduct investigations for 3,896
the commission or a panel of the commission. The commission may 3,897
employ or contract for the services of additional attorneys, as 3,898
needed. The full-time attorney shall do all of the following: 3,899
(i) Serve as the commission's attorney in regard to all 3,902
legal matters, including representing the commission at appeals 3,903
from a final determination of the commission, except that the 3,904
full-time attorney shall not perform the duties that an 3,905
investigatory attorney is required or requested to perform or 3,906
that another attorney the commission employs or contracts with 3,907
for services is required or requested to perform, and shall not 3,908
represent the commission in any legal proceeding in which the 3,909
commission is a named party;
(ii) At the request of the commission or a panel of the 3,912
commission, be present at a hearing held under sections 3517.154 3,913
92
to 3517.156 of the Revised Code to rule on the admissibility of 3,914
evidence and to advise on the conduct of procedure; 3,915
(iii) Perform other duties as required by rule of the 3,918
commission.
(b) An attorney employed by or under contract with the 3,921
commission shall be licensed to practice law in this state. 3,922
(3)(a) Except as otherwise provided in division (H)(3)(b) 3,925
of this section, at least five members of the commission shall 3,926
agree on the employment of a person, a majority of the members 3,927
shall agree on the discharge of an employee, and a person 3,928
employed by the commission shall serve at the pleasure of the 3,929
commission.
(b) At least five of the seven members shall agree on the 3,931
discharge of an investigatory attorney. 3,932
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio 3,942
elections commission shall review each complaint filed with the 3,943
commission under section 3517.153 of the Revised Code, shall 3,944
determine the nature of the complaint, and, unless division 3,945
(A)(2)(a) of this section requires that the complaint receive an 3,946
automatic expedited hearing, shall make a recommendation to the 3,947
commission for its disposition, in accordance with this section. 3,948
The attorney shall make the determination and the recommendation, 3,949
if required, not later than one business day after the complaint 3,950
is filed.
(2)(a) If the attorney determines that the complaint sets 3,953
forth a violation of division (B) of section 3517.21 or division 3,954
(B) of section 3517.22 OF THE REVISED CODE AND THAT THE COMPLAINT 3,955
IS FILED DURING ONE OF THE PERIODS OF TIME SPECIFIED IN DIVISION
(B)(1) OF SECTION 3517.156 OF THE REVISED CODE, or THAT THE 3,956
COMPLAINT SETS FORTH a violation described in division (D) of 3,958
section 3517.1010, of the Revised Code, the complaint shall 3,959
receive an automatic expedited hearing under section 3517.156 of 3,960
the Revised Code. 3,961
(b) If the attorney determines that the complaint sets 3,964
93
forth a failure to comply with or a violation of division (G), 3,965
(I), (J), (O), (P), or (Q) of section 3517.13, division (A) of 3,967
section 3517.21, or division (A) of section 3517.22 of the 3,968
Revised Code AND THAT THE COMPLAINT IS FILED DURING ONE OF THE 3,969
PERIODS OF TIME SPECIFIED IN DIVISION (B)(1) OF SECTION 3517.156 3,970
OF THE REVISED CODE, the attorney shall recommend to the 3,971
commission that the complaint receive an expedited hearing under 3,972
section 3517.156 of the Revised Code, and the complaint shall 3,973
receive such a hearing.
(c) If the attorney determines that the complaint sets 3,976
forth a failure to comply with or a violation of a section of the 3,977
Revised Code over which the commission has jurisdiction to hear 3,978
complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section, and unless the attorney makes 3,980
a determination as provided for in division (A)(3) of this 3,981
section, the attorney shall recommend to the commission that the 3,982
complaint be submitted to the commission under section 3517.155 3,983
of the Revised Code. After the attorney makes that 3,984
recommendation, the attorney shall notify all parties to the 3,985
complaint of the attorney's recommendation.
(3)(a) If a complaint sets forth a failure to comply with 3,988
or a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the 3,989
sections described in divisions (A)(2)(a) and (b) of this section 3,991
AND IF THE COMPLAINT IS FILED DURING ONE OF THE PERIODS OF TIME 3,992
SPECIFIED IN DIVISION (B)(1) OF SECTION 3517.156 OF THE REVISED
CODE, the attorney may determine that the complaint should 3,994
receive an expedited hearing under THAT section 3517.156 of the 3,995
Revised Code. The attorney shall make that determination by 3,996
considering one or more of the following: 3,997
(i) The number of prior failures to comply with or 4,000
violations of Title XXXV of the Revised Code that the person or
entity against whom the complaint has been brought has committed 4,002
and any prior penalties the commission has imposed on the person 4,003
94
or entity;
(ii) If the complaint involves a statement required to be 4,006
filed under section 3517.10, division (E) of section 3517.102, or 4,007
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised Code or an addendum required to be filed under 4,009
section 3517.11 of the Revised Code that is filed late, how late 4,011
the filing is and how much time has elapsed between the deadline 4,012
for filing the statement or addendum and the filing of the 4,013
complaint;
(iii) If the complaint involves contributions or 4,016
expenditures required to be reported under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107, 4,017
3517.108, or 3517.109 of the Revised Code that are either not 4,019
reported or reported late, the number of contributions or 4,020
expenditures not reported or how late they were reported; 4,021
(iv) If the complaint involves contributions required to 4,024
be reported by a campaign committee under section 3517.10, 4,025
division (E) of section 3517.102, or section 3517.105, 3517.107, 4,026
3517.108, or 3517.109 of the Revised Code that are not reported, 4,028
whether any of the contributors of the contributions not reported 4,029
have a personal or professional relationship with the campaign 4,030
committee's candidate;
(v) If the complaint involves a statement required to be 4,033
filed under section 3517.10, division (E) of section 3517.102, or 4,034
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised Code that is incomplete, the degree to which it is 4,036
incomplete; 4,037
(vi) If the complaint involves the receipt of 4,039
contributions in violation of section 3599.03 of the Revised 4,041
Code, the dollar amount and number of contributions received in 4,042
violation of that section;
(vii) If the complaint involves a failure to make the 4,045
identification or a misstatement of the identification required 4,046
under section 3517.105 or 3517.20 of the Revised Code, whether 4,047
95
the failure or misstatement was purposely made;
(viii) If the complaint sets forth a failure to comply 4,049
with or a violation of a section of the Revised Code described in 4,050
division (A)(2)(c) of this section, whether the person or entity 4,052
against whom the complaint has been made has committed more than
one such failure or violation within a reasonable amount of time, 4,053
or whether the cumulative nature of the failures or violations 4,055
indicates a systematic disregard for the law. 4,056
(b) Prior to making a determination under division 4,058
(A)(3)(a) of this section that the complaint should receive an 4,060
expedited hearing under section 3517.156 of the Revised Code, the 4,062
attorney shall take into consideration the number of panels of 4,064
the commission that have cases pending before them and the number 4,065
of cases pending before the panels and shall not make a 4,066
determination that will place an undue burden on a panel of the 4,067
commission.
(c) If the attorney determines that the complaint should 4,071
receive an expedited hearing under section 3517.156 of the 4,072
Revised Code, the attorney shall recommend to the commission that 4,073
the complaint receive an expedited hearing, and, if a majority of 4,074
the members of the commission agrees with the recommendation, the 4,075
complaint shall receive an expedited hearing under that section. 4,076
(4) The attorney may join two or more complaints if the 4,078
attorney determines that the allegations in each complaint are of 4,079
the same or similar character, are based on the same act or 4,080
failure to act, or are based on two or more acts or failures to 4,081
act constituting parts of a common scheme or plan. If one 4,082
complaint contains two or more allegations, the attorney may 4,083
separate the allegations if they are not of the same or similar 4,084
character, if they are not based on the same act or failure to 4,085
act, or if they are not based on two or more acts or failures to 4,086
act constituting parts of a common scheme or plan. If the 4,087
attorney separates the allegations in a complaint, the attorney 4,088
may make separate recommendations under division (A)(2) or (3) of 4,089
96
this section for each allegation. 4,090
(B) Whenever a person or other entity files a complaint 4,093
with the commission setting forth a failure to comply with or a 4,094
violation of a section of the Revised Code as described in
division (A)(2)(c) of this section AND THE COMPLAINT IS FILED 4,095
DURING ONE OF THE PERIODS OF TIME SPECIFIED IN DIVISION (B)(1) OF 4,096
SECTION 3517.156 OF THE REVISED CODE, the person or entity may 4,098
request an expedited hearing under THAT section 3517.156 of the 4,099
Revised Code at the time the complaint is filed. The attorney 4,100
for the commission shall inform the members of the commission of 4,101
that request at the time the attorney makes a recommendation 4,102
under division (A) of this section. The commission may grant the 4,103
request for an expedited hearing under this division if it 4,104
determines that an expedited hearing is practicable. 4,105
(C) This is an interim section effective until January 1, 4,108
2000.
Sec. 3517.155. (A)(1) Except as otherwise provided in 4,118
division (B) of this section, the Ohio elections commission shall 4,119
hold its first hearing on a complaint filed with it, other than a 4,120
complaint that receives an expedited hearing under section 4,121
3517.156 of the Revised Code, not later than ninety business days 4,122
after the complaint is filed unless the commission has good cause 4,123
to hold the hearing after that time, in which case it shall hold 4,124
the hearing not later than one hundred eighty business days after 4,125
the complaint is filed. At the hearing, the commission shall 4,126
determine whether or not the failure to act or the violation 4,127
alleged in the complaint has occurred and shall do only one of 4,128
the following, except as otherwise provided in division (B) of 4,130
this section or in division (B) of section 3517.151 of the 4,131
Revised Code:
(a) Enter a finding that good cause has been shown not to 4,134
impose a fine or not to refer the matter to the appropriate
prosecutor; 4,135
(b) Impose a fine under section 3517.993 of the Revised 4,138
97
Code;
(c) Refer the matter to the appropriate prosecutor; 4,140
(d) Direct the secretary of state or appropriate board of 4,142
elections with the authority to certify a candidate to the ballot 4,143
to remove a candidate's name from the ballot if the candidate is 4,144
barred from the ballot under division (D) of section 3517.1010 of 4,145
the Revised Code.
(2) As used in division (A) of this section, "appropriate 4,148
prosecutor" means a prosecutor as defined in section 2935.01 of 4,149
the Revised Code and either of the following: 4,150
(a) In the case of a failure to comply with or a violation 4,153
of law involving a campaign committee or the committee's 4,154
candidate, a political party, a legislative campaign fund, a 4,155
political action committee, or a political contributing entity, 4,156
that is required to file a statement of contributions and 4,158
expenditures with the secretary of state under division (A) of 4,159
section 3517.11 of the Revised Code, the prosecutor of Franklin 4,160
county;
(b) In the case of a failure to comply with or a violation 4,163
of law involving any other campaign committee or committee's 4,164
candidate, or any other political party or political action 4,165
committee, either of the following as determined by the
commission: 4,166
(i) The prosecutor of Franklin county; 4,168
(ii) The prosecutor of the county in which the candidacy 4,171
or ballot question or issue is submitted to the electors or, if 4,172
it is submitted in more than one county, the most populous of 4,173
those counties.
(B) If the commission decides that the evidence is 4,176
insufficient for it to determine whether or not the failure to
act or the violation alleged in the complaint has occurred, the 4,178
commission, by the affirmative vote of five members, may request 4,179
that an investigatory attorney investigate the complaint. Upon 4,180
that request, an investigatory attorney shall make an
98
investigation in order to produce sufficient evidence for the 4,181
commission to decide the matter. If the commission requests an 4,183
investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days 4,184
the deadline for holding its first hearing on the complaint as 4,186
required in division (A) of this section. 4,187
(C) The commission shall take one of the actions required 4,190
under division (A) of this section not later than thirty days 4,191
after the close of all the evidence presented. 4,192
(D)(1) The commission shall make any finding of a failure 4,195
to comply with or a violation of law in regard to a complaint 4,196
that alleges a violation of division (D) of section 3517.1010, 4,197
division (A) or (B) of section 3517.21, or division (A) or (B) of 4,198
section 3517.22 of the Revised Code by clear and convincing 4,200
evidence. The commission shall make any finding of a failure to 4,201
comply with or a violation of law in regard to any other 4,202
complaint by a preponderance of the evidence. 4,203
(2) If the commission finds a violation of division (B) of 4,206
section 3517.21 or division (B) of section 3517.22 of the Revised 4,207
Code, it shall refer the matter to the appropriate prosecutor 4,208
under division (A)(1)(c) of this section and shall not impose a 4,211
fine under division (A)(1)(b) of this section or section 3517.993 4,213
of the Revised Code.
(E) In an action before the commission or a panel of the 4,216
commission, if the allegations of the complainant are not proved, 4,217
and the commission takes the action described in division 4,218
(A)(1)(a) of this section or a panel of the commission takes the 4,219
action described in division (C)(1) of section 3517.156 of the 4,220
Revised Code, the commission or a panel of the commission may 4,221
find that the complaint is frivolous, and, if the commission or 4,222
panel so finds, the commission shall order the complainant to pay 4,223
reasonable attorney's fees and to pay the costs of the commission 4,225
or panel as determined by a majority of the members of the 4,226
commission. The costs paid to the commission or panel under this 4,227
99
division shall be deposited into the Ohio elections commission 4,228
fund.
(F) This is an interim section effective until January 1, 4,231
2000.
Sec. 3517.156. (A) If a complaint filed with the Ohio 4,241
elections commission is to receive an expedited hearing pursuant 4,242
to section 3517.154 of the Revised Code, a panel of at least 4,243
three members of the commission shall hold a hearing on the 4,245
complaint to determine whether there is probable cause to refer 4,246
the matter to the full commission for a hearing under section 4,247
3517.155 of the Revised Code. Not more than one-half of the 4,248
members of a panel shall be affiliated with the same political
party. The chairman CHAIRPERSON of the commission shall call for 4,250
the selection of a panel, as needed, and shall select the members
of the panel by lot. 4,251
(B)(1) Except as otherwise provided in section 3517.154 of 4,254
the Revised Code and division DIVISIONS (B)(2) AND (3) of this 4,255
section, the panel shall hold one expedited hearing on a 4,257
complaint forwarded to it by the commission for an expedited 4,258
hearing IN ACCORDANCE WITH THIS DIVISION. IF A COMPLAINT IS 4,259
FILED ON OR AFTER THE SIXTIETH DAY PRIOR TO A PRIMARY OR SPECIAL 4,260
ELECTION OR ON OR AFTER THE NINETIETH DAY PRIOR TO THE GENERAL 4,261
ELECTION, BUT NOT LATER THAN THE DAY OF THE PRIMARY, SPECIAL, OR
GENERAL ELECTION TO WHICH THE COMPLAINT RELATES, THE HEARING 4,263
SHALL BE HELD not later than two business days after the 4,265
complaint DETERMINATION REQUIRED TO BE MADE UNDER DIVISION (A) OF 4,266
SECTION 3517.154 OF THE REVISED CODE is filed MADE, unless the 4,267
panel has good cause to hold the hearing after that time, in 4,268
which case it shall hold the hearing not later than seven 4,269
business days after the complaint THAT DETERMINATION is filed 4,270
MADE. All members of the panel shall be present before any 4,271
official action may be taken, and a majority vote of the panel is 4,272
required for any official action. 4,273
(2) THE COMMISSION SHALL HOLD A HEARING ON A COMPLAINT 4,275
100
THAT IS FILED PRIOR TO THE PERIODS OF TIME SPECIFIED IN DIVISION 4,276
(B)(1) OF THIS SECTION, OR FILED AFTER THE DATE OF THE ELECTION 4,277
TO WHICH THE COMPLAINT RELATES, AT THE TIMES SPECIFIED FOR 4,278
HEARING COMPLAINTS IN SECTION 3517.155 OF THE REVISED CODE.
(3) The deadlines provided for in division (B)(1) of this 4,281
section may be extended by agreement of all parties to the 4,282
complaint but shall not be extended beyond the deadlines provided 4,283
for in division (A) of section 3517.155 of the Revised Code. 4,285
(C) At the expedited hearing HELD UNDER DIVISION (B)(1) OF 4,287
THIS SECTION, the panel shall make only one of the following 4,289
determinations:
(1) There is no probable cause to believe that the failure 4,292
to comply with or the violation of a law alleged in the complaint 4,293
has occurred. If the panel so determines, it shall dismiss the 4,294
complaint.
(2) There is probable cause to believe that the failure to 4,297
comply with or the violation of a law alleged in the complaint
has occurred. If the panel so determines, it shall refer the 4,298
complaint to the full commission, and the commission shall hold a 4,299
hearing on the complaint under section 3517.155 of the Revised 4,301
Code not later than ten days after the complaint is referred to 4,302
it by the panel.
(3) The evidence is insufficient for the panel to make a 4,305
determination under division (C)(1) or (2) of this section and 4,306
further investigation of the complaint is necessary. If the 4,307
panel so determines, it immediately shall request that an 4,308
investigatory attorney investigate the complaint, and an 4,309
investigatory attorney shall make an investigation in order to 4,310
produce sufficient evidence upon which to decide the matter. If 4,311
the panel requests that an investigatory attorney make an 4,312
investigation, the complaint shall be referred to the full 4,313
commission, and the commission shall hold a hearing on the
complaint under section 3517.155 of the Revised Code. 4,315
(D) No panel of the commission shall impose a fine. 4,318
101
(E) If the panel dismisses the complaint under division 4,321
(C)(1) of this section, the person who made the complaint may 4,322
petition the full commission to reconsider the dismissal at a 4,323
hearing under section 3517.155 of the Revised Code. A petition 4,324
for reconsideration shall be filed not later than two business 4,325
days after the dismissal of the complaint. The commission shall 4,327
render its decision on the petition not later than three business 4,328
days after receiving the petition. If the petition for
reconsideration is granted, the commission shall hold a hearing 4,329
on the complaint under section 3517.155 of the Revised Code not 4,331
later than five business days after granting the petition.
If the petition for reconsideration is not granted, the 4,333
commission shall order the person who filed the complaint to pay 4,334
reasonable attorney's fees and to pay the costs of the panel that 4,335
dismissed the complaint as determined by a majority of the 4,336
members of the commission. The costs paid to the commission
under this division shall be deposited into the Ohio elections 4,337
commission fund. 4,338
(F) As used in this section, "expedited hearing" includes 4,340
an automatic expedited hearing as prescribed in section 3517.154 4,342
of the Revised Code.
Sec. 3517.992. This section establishes penalties only 4,351
with respect to acts or failures to act that occur on and after 4,353
August 24, 1995. 4,354
(A)(1) A candidate whose campaign committee violates 4,357
division (A), (B), (C), (D), or (V) of section 3517.13 of the 4,358
Revised Code, or a treasurer of a campaign committee who violates 4,361
any of those divisions, shall be fined not more than one hundred 4,362
dollars for each day of violation. 4,363
(2) Whoever violates division (E) of section 3517.13 of 4,366
the Revised Code shall be fined not more than one hundred dollars 4,367
for each day of violation.
(B) A political party that violates division (F)(1) of 4,370
section 3517.101 of the Revised Code shall be fined not more than 4,371
102
one hundred dollars for each day of violation. 4,372
(C) Whoever violates division (F)(2) of section 3517.101 4,375
or division (G) of section 3517.13 of the Revised Code shall be 4,376
fined not more than ten thousand dollars or, if the offender is a 4,377
person who was nominated or elected to public office, shall 4,379
forfeit the nomination or the office to which the offender was
elected, or both. 4,380
(D) Whoever violates division (F) of section 3517.13 of 4,383
the Revised Code shall be fined not more than three times the 4,384
amount contributed.
(E) Whoever violates division (H) of section 3517.13 of 4,387
the Revised Code shall be fined not more than one hundred 4,388
dollars.
(F) Whoever violates division (O), (P), or (Q) of section 4,391
3517.13 of the Revised Code is guilty of a misdemeanor of the 4,392
first degree. 4,393
(G) A state or county committee of a political party that 4,396
violates division (B)(1) of section 3517.18 of the Revised Code 4,397
shall be fined not more than twice the amount of the improper 4,398
expenditure.
(H) A state or county political party that violates 4,401
division (G) of section 3517.101 of the Revised Code shall be 4,402
fined not more than twice the amount of the improper expenditure 4,403
or use.
(I)(1) Any individual who violates division (B)(1) of 4,406
section 3517.102 of the Revised Code and knows that the 4,407
contribution the individual makes violates that division shall be 4,409
fined an amount equal to three times the amount contributed in 4,410
excess of the amount permitted by that division. 4,411
(2) Any political action committee that violates division 4,414
(B)(2) of section 3517.102 of the Revised Code shall be fined an 4,415
amount equal to three times the amount contributed in excess of 4,416
the amount permitted by that division. 4,417
(3) Any campaign committee that violates division (B)(3) 4,420
103
or (5) of section 3517.102 of the Revised Code shall be fined an 4,422
amount equal to three times the amount contributed in excess of 4,424
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates 4,426
division (B)(6) of section 3517.102 of the Revised Code, and any 4,428
state political party, county political party, or state candidate 4,429
fund of a state political party or county political party that 4,430
violates division (B)(6) of that section, shall be fined an 4,431
amount equal to three times the amount TRANSFERRED OR contributed 4,432
in excess of the amount permitted by those divisions THAT 4,433
DIVISION, as applicable.
(b) ANY STATE POLITICAL PARTY, COUNTY POLITICAL PARTY, OR 4,435
STATE CANDIDATE FUND OF A STATE POLITICAL PARTY OR COUNTY 4,436
POLITICAL PARTY THAT VIOLATES DIVISION (B)(6) OF SECTION 3517.102 4,437
OF THE REVISED CODE SHALL BE FINED AN AMOUNT EQUAL TO THREE TIMES 4,438
THE AMOUNT TRANSFERRED OR CONTRIBUTED IN EXCESS OF THE AMOUNT 4,439
PERMITTED BY THAT DIVISION, AS APPLICABLE. 4,440
(5)(c) Any political contributing entity that violates 4,442
division (B)(7) of section 3517.102 of the Revised Code shall be 4,446
fined an amount equal to three times the amount contributed in 4,447
excess of the amount permitted by that division. 4,448
(5) ANY POLITICAL PARTY THAT VIOLATES DIVISION (B)(4) OF 4,450
SECTION 3517.102 OF THE REVISED CODE SHALL BE FINED AN AMOUNT 4,452
EQUAL TO THREE TIMES THE AMOUNT CONTRIBUTED IN EXCESS OF THE
AMOUNT PERMITTED BY THAT DIVISION. 4,453
(6) Notwithstanding divisions (J)(I)(1), (2), (3), (4), 4,456
and (5) of this section, no fine shall be imposed VIOLATION OF
DIVISION (B) OF SECTION 3517.102 OF THE REVISED CODE OCCURS, AND 4,458
THE SECRETARY OF STATE SHALL NOT REFER PARTIES TO THE OHIO 4,459
ELECTIONS COMMISSION, if the excess amount TRANSFERRED OR 4,460
contributed IN EXCESS OF THE AMOUNT PERMITTED BY THAT DIVISION 4,461
meets either of the following conditions: 4,462
(a) It is completely refunded within five business days 4,464
after it is accepted. 4,465
104
(b) It is less than or equal to the amount permitted under 4,467
division (I)(1), (2), (3), (4), or (5) of this section, whichever 4,469
is applicable, and the excess is completely refunded within ten 4,470
ON OR BEFORE THE TENTH business days DAY after notification to 4,471
the recipient of the EXCESS TRANSFER OR contribution by the board 4,472
of elections or the secretary of state that a TRANSFER OR 4,473
contribution in excess of the permitted amount has been received. 4,475
(J)(1) Any campaign committee that violates division 4,477
(C)(1), (2), (3), or (6) of section 3517.102 of the Revised Code 4,479
shall be fined an amount equal to three times the amount accepted 4,480
in excess of the amount permitted by that division.
(2) Any state or county political party that violates 4,482
division (C)(4) of section 3517.102 of the Revised Code shall be 4,484
fined an amount from its state candidate fund equal to three 4,486
times the amount accepted in excess of the amount permitted by 4,487
that division.
(3) Any legislative campaign fund that violates division 4,490
(C)(5) of section 3517.102 of the Revised Code shall be fined an 4,491
amount equal to three times the amount accepted in excess of the 4,492
amount permitted by that division. 4,493
(4) Any political action committee or political 4,495
contributing entity that violates division (C)(7) of section 4,499
3517.102 of the Revised Code shall be fined an amount equal to 4,501
three times the amount accepted in excess of the amount permitted 4,503
by that division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 4,505
this section, no fine shall be imposed VIOLATION OF DIVISION (C) 4,507
OF SECTION 3517.102 OF THE REVISED CODE OCCURS, AND THE SECRETARY 4,508
OF STATE SHALL NOT REFER PARTIES TO THE OHIO ELECTIONS 4,509
COMMISSION, if the AMOUNT TRANSFERRED OR CONTRIBUTED IN excess OF 4,510
THE AMOUNT PERMITTED TO BE accepted BY THAT DIVISION meets either 4,512
of the following conditions:
(a) It is completely refunded within five business days 4,514
after its acceptance.
105
(b) It is less than or equal to the amount permitted under 4,516
division (J)(1), (2), (3), or (4), whichever is applicable, and 4,518
the excess is completely refunded within ten ON OR BEFORE THE 4,519
TENTH business days DAY after notification to the recipient of 4,520
the EXCESS TRANSFER OR contribution by the board of elections or 4,522
the secretary of state that a TRANSFER OR contribution in excess 4,523
of the permitted amount has been received. 4,524
(K)(1) Any campaign committee or legislative campaign fund 4,526
that violates division (F)(1) of section 3517.102 of the Revised 4,528
Code shall be fined twenty-five dollars for each day of 4,530
violation.
(2) Any campaign committee or legislative campaign fund 4,532
that violates division (F)(2) of section 3517.102 of the Revised 4,534
Code shall give to the treasurer of state for deposit into the 4,535
state treasury to the credit of the Ohio elections commission 4,536
fund all excess contributions not disposed of as required by 4,538
division (E) of section 3517.102 of the Revised Code. 4,539
(L) Whoever violates section 3517.105 of the Revised Code 4,542
shall be fined one thousand dollars. 4,543
(M)(1) Whoever solicits a contribution in violation of 4,545
section 3517.092 or violates division (B) of section 3517.09 of 4,546
the Revised Code is guilty of a misdemeanor of the first degree. 4,548
(2) Whoever knowingly accepts a contribution in violation 4,550
of division (B) or (C) of section 3517.092 of the Revised Code 4,552
shall be fined an amount equal to three times the amount accepted 4,554
in violation of either of those divisions and shall return to the 4,556
contributor any amount so accepted. Whoever unknowingly accepts 4,558
a contribution in violation of division (B) or (C) of section 4,559
3517.092 of the Revised Code shall return to the contributor any 4,560
amount so accepted. 4,561
(N) Whoever violates division (S) of section 3517.13 of 4,564
the Revised Code shall be fined an amount equal to three times 4,565
the amount of funds transferred or three times the value of the 4,566
assets transferred in violation of that division. 4,567
106
(O) Any campaign committee that accepts a contribution or 4,569
contributions in violation of section 3517.108 of the Revised 4,571
Code, uses a contribution in violation of that section, or fails 4,573
to dispose of excess contributions in violation of that section 4,574
shall be fined an amount equal to three times the amount 4,575
accepted, used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative 4,577
candidate fund, or campaign committee that violates division (T) 4,580
of section 3517.13 of the Revised Code shall be fined an amount 4,582
equal to three times the amount contributed or accepted in 4,584
violation of that section.
(Q) A treasurer of a committee or another person who 4,587
violates division (U) of section 3517.13 of the Revised Code 4,588
shall be fined not more than two hundred fifty dollars. 4,589
(R) Whoever violates division (I) or (J) of section 4,592
3517.13 of the Revised Code shall be fined not more than one 4,593
thousand dollars. Whenever a person is found guilty of violating 4,594
division (I) or (J) of section 3517.13 of the Revised Code, the 4,596
contract awarded in violation of either of those divisions shall 4,597
be rescinded if its terms have not yet been performed. 4,598
(S) A candidate whose campaign committee violates or a 4,601
treasurer of a campaign committee who violates section 3517.081, 4,602
and a candidate whose campaign committee violates, or a treasurer 4,603
of a campaign committee, or another person who violates, division 4,604
(C) of section 3517.10 of the Revised Code, shall be fined not 4,605
more than five hundred dollars. 4,606
(T) A candidate whose campaign committee violates or a 4,609
treasurer of a committee who violates division (B), or a 4,610
candidate whose campaign committee violates, a treasurer of a 4,611
committee, or another person who violates division (C), of 4,612
section 3517.09 of the Revised Code shall be fined not more than 4,614
one thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code 4,617
shall be fined not more than five hundred dollars. 4,618
107
(V) Whoever violates section 3517.21 or 3517.22 of the 4,621
Revised Code shall be imprisoned for not more than six months or 4,622
fined not more than five thousand dollars, or both. 4,623
(W) A campaign committee that is required to file a 4,626
declaration of no limits under division (D)(2) of section 4,628
3517.103 of the Revised Code that, before filing that 4,629
declaration, accepts a contribution or contributions that exceed 4,630
the limitations prescribed in section 3517.102 of the Revised 4,632
Code, shall return that contribution or those contributions to 4,633
the contributor.
This is an interim section effective until January 1, 2000. 4,635
(X) ANY CAMPAIGN COMMITTEE THAT FAILS TO FILE THE 4,637
DECLARATION OF FILING-DAY FINANCES REQUIRED BY DIVISION (F) OF 4,638
SECTION 3517.109 OR THE DECLARATION OF PRIMARY-DAY FINANCES OR 4,639
DECLARATION OF YEAR-END FINANCES REQUIRED BY DIVISION (E) OF 4,640
SECTION 3517.1010 OF THE REVISED CODE SHALL BE FINED TWENTY-FIVE 4,641
DOLLARS FOR EACH DAY OF VIOLATION. 4,642
(Y) ANY CAMPAIGN COMMITTEE THAT FAILS TO DISPOSE OF EXCESS 4,644
FUNDS OR EXCESS AGGREGATE CONTRIBUTIONS UNDER DIVISION (B) OF 4,645
SECTION 3517.109 OF THE REVISED CODE IN THE MANNER REQUIRED BY 4,646
DIVISION (C) OF THAT SECTION OR UNDER DIVISION (B) OF SECTION 4,647
3517.1010 OF THE REVISED CODE IN THE MANNER REQUIRED BY DIVISION 4,648
(C) OF THAT SECTION SHALL GIVE TO THE TREASURER OF STATE FOR 4,649
DEPOSIT INTO THE OHIO ELECTIONS COMMISSION FUND CREATED UNDER 4,650
DIVISION (E)(2)(b) OF SECTION 3517.102 OF THE REVISED CODE ALL 4,653
FUNDS NOT DISPOSED OF PURSUANT TO THOSE DIVISIONS.
(Z) ANY INDIVIDUAL, CAMPAIGN COMMITTEE, POLITICAL ACTION 4,655
COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN 4,656
FUND, POLITICAL PARTY, OR OTHER ENTITY THAT VIOLATES ANY 4,658
PROVISION OF SECTIONS 3517.09 TO 3517.12 OF THE REVISED CODE FOR 4,659
WHICH NO PENALTY IS PROVIDED FOR UNDER ANY OTHER DIVISION OF THIS 4,660
SECTION SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS. 4,661
(AA)(1) WHOEVER KNOWINGLY VIOLATES DIVISION (W)(1) OF 4,663
SECTION 3517.13 OF THE REVISED CODE SHALL BE FINED AN AMOUNT 4,665
108
EQUAL TO THREE TIMES THE AMOUNT CONTRIBUTED, EXPENDED, OR 4,667
PROMISED IN VIOLATION OF THAT DIVISION OR TEN THOUSAND DOLLARS, 4,668
WHICHEVER AMOUNT IS GREATER. 4,669
(2) WHOEVER KNOWINGLY VIOLATES DIVISION (W)(2) OF SECTION 4,671
3517.13 OF THE REVISED CODE SHALL BE FINED AN AMOUNT EQUAL TO 4,672
THREE TIMES THE AMOUNT SOLICITED OR ACCEPTED IN VIOLATION OF THAT 4,673
DIVISION OR TEN THOUSAND DOLLARS, WHICHEVER AMOUNT IS GREATER. 4,674
Sec. 3517.993. This section authorizes the establishment 4,683
of fines that may be imposed only with respect to acts or 4,684
failures to act that occur on and after the effective date of 4,685
this section AUGUST 24, 1995. 4,686
(A) Except as otherwise provided in division (D)(2) of 4,689
section 3517.155 of the Revised Code, the Ohio elections
commission may impose administrative fines under division 4,690
(A)(1)(b) of section 3517.155 of the Revised Code in accordance 4,692
with the amounts set forth under section SECTIONS 3517.992, 4,693
3599.03, AND 3599.031 of the Revised Code. 4,694
(B) The commission may suspend all or part of a fine it 4,697
imposes under this section upon whatever terms and conditions the 4,698
commission considers just.
(C)(1) The commission shall consider any of the following 4,701
circumstances in determining whether to impose a maximum fine 4,702
under this section:
(a) Whether the violator has been found guilty of any 4,705
other violation of Title XXXV of the Revised Code;
(b) Whether the violation was made knowingly or purposely; 4,707
(c) Whether any relevant statements, addenda, or 4,710
affidavits required to be filed have not been filed;
(d) Whether the violator has any outstanding fines imposed 4,713
for a violation of Title XXXV of the Revised Code; 4,714
(e) Whether the violation occurred during the course of a 4,717
campaign.
(2) The commission shall consider any of the following 4,719
circumstances in determining whether to impose a minimal fine or 4,721
109
no fine under this section: 4,722
(a) Whether the violator previously has not been found 4,725
guilty of any other violation of Title XXXV of the Revised Code; 4,726
(b) Whether the violator has promptly corrected his THE 4,729
VIOLATOR'S violation;
(c) Whether the nature and circumstances of the violation 4,732
merit a minimum fine;
(d) Whether there are substantial grounds tending to 4,735
excuse or justify the violation, although failing to establish a 4,736
defense to the violation;
(e) Whether the violation was not purposely committed. 4,738
(3) The circumstances set forth in divisions (C)(1) and 4,741
(2) of this section shall be considered by, but shall not control 4,742
the decision of, the commission in imposing a fine. 4,743
(D) Fines imposed by the commission under this section 4,745
shall be paid into the Ohio elections commission fund. 4,746
Section 2. That existing sections 3517.10, 3517.102, 4,748
3517.103, 3517.105, 3517.106, 3517.109, 3517.1010, 3517.11, 4,749
3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.156, 4,750
3517.992, and 3517.993 of the Revised Code are hereby repealed. 4,751
Section 3. The versions of sections 3517.10, 3517.102, 4,753
3517.103, 3517.154, 3517.155, and 3517.992 of the Revised Code 4,754
that are scheduled to take effect January 1, 2000, are hereby 4,755
repealed. This repeal is intended to permit continued operation 4,756
of sections 3517.10, 3517.102, 3517.103, 3517.154, 3517.155, and 4,757
3517.992 of the Revised Code as they result from Sections 1 and 2 4,758
of this act.
Section 4. That Section 7 of Am. Sub. S.B. 116 of the 4,760
122nd General Assembly is hereby repealed. The intent of this 4,761
section is to remove the limitation imposed by the repeal of 4,762
section 3517.1010 of the Revised Code in Section 7 of that act 4,763
upon the continued existence of section 3517.1010 of the Revised 4,764
Code on and after the effective date of this act. The intent of 4,766
this section is not affected by the rule of construction
110
contained in section 1.57 of the Revised Code. 4,767
Section 5. This act is hereby declared to be an emergency 4,769
measure necessary for the immediate preservation of the public 4,770
peace, health, and safety. The reason for the necessity is that 4,771
immediate action is required in order to maintain current 4,772
provisions of the campaign finance reporting law enacted by Am. 4,773
Sub. S.B. 116 of the 122nd General Assembly pertaining to the use 4,774
of personal funds and carry-in contribution limits that otherwise 4,775
will be repealed on January 1, 2000, if this act does not take 4,776
effect immediately. Therefore, this act shall go into immediate 4,777
effect.