As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. H. B. No. 119  5            

      1999-2000                                                    6            


        REPRESENTATIVES AMSTUTZ-LOGAN-SULZER-MAIER-SYKES-          8            

     OLMAN-FORD-TRAKAS-OGG-SULLIVAN-PERRY-O'BRIEN-PETERSON-        10           

     SENATORS SPADA-SCHAFRATH-WATTS-GARDNER-FURNEY-BLESSING-                    

                     LATTA-CUPP-MUMPER-HAGAN                       11           


_________________________________________________________________   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 Law pertaining to the use  26           

                of personal funds and what funds may be "carried   27           

                into" an election, to make other changes in the                 

                Elections Law, to repeal the versions of sections  28           

                3517.10, 3517.102, 3517.103, 3517.154, 3517.155,   29           

                and 3517.992 of the Revised Code that are                       

                scheduled to take effect January 1, 2000, and to   30           

                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          

                                                          6      


                                                                 
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 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        3,040        

statement, addendum, amendment, or other correction to a           3,041        

statement filed with or received by it for a candidate for member  3,042        

of the general assembly to the secretary of state not later than   3,043        

two business days after the statement, addendum, amendment, or     3,044        

other correction is filed with or received by the board.           3,045        

      (2)  On or before the tenth day before the dates on which    3,047        

statements are required to be filed by section 3517.10 of the      3,048        

Revised Code, every candidate subject to the provisions of this    3,049        

section and section SECTIONS 3517.10 AND 3517.106 of the Revised   3,051        

Code shall be notified of the requirements and applicable          3,053        

penalties of those sections. The secretary of state, by certified  3,054        

mail with, return receipt requested, shall notify all candidates   3,056        

required to file those statements with the secretary of state's    3,057        

office.  The board of elections of every county shall notify by    3,059        

first class mail any candidate who has personally appeared at the  3,060        

office of the board on or before the tenth day before the          3,061        

statements are required to be filed and signed a form, to be       3,063        

                                                          73     


                                                                 
provided by the secretary of state, attesting that the candidate   3,064        

has been notified of the candidate's obligations under the         3,065        

campaign finance law.  The board shall forward the completed form  3,066        

to the secretary of state.  The board shall use certified mail     3,068        

with, return receipt requested, to notify all other candidates     3,069        

required to file those statements with it.                         3,070        

      (3)(a)  Any statement required to be filed under sections    3,072        

3517.081 to 3517.17 of the Revised Code that is found to be        3,074        

incomplete or inaccurate by the officer to whom it is submitted                 

shall be accepted on a conditional basis, and the person who       3,075        

filed it shall be notified by certified mail as to the incomplete  3,076        

or inaccurate nature of the statement.  The secretary of state     3,077        

may examine statements filed for candidates for the office of      3,078        

member of the general assembly for completeness and accuracy.  ON  3,079        

AND AFTER JANUARY 1, 2001, THE SECRETARY OF STATE SHALL EXAMINE    3,080        

FOR COMPLETENESS AND ACCURACY STATEMENTS THAT CAMPAIGN COMMITTEES  3,082        

OF CANDIDATES FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY     3,083        

FILE BY ELECTRONIC MEANS OF TRANSMISSION PURSUANT TO DIVISION (F)  3,084        

OF SECTION 3517.106 OF THE REVISED CODE.  If an officer at the     3,086        

board of elections where a statement of that type FILED FOR A      3,087        

CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY was     3,088        

submitted finds the statement to be incomplete or inaccurate, the  3,089        

officer shall immediately notify the secretary of state of its     3,091        

incomplete or inaccurate nature.  If either an officer at the                   

board of elections or the secretary of state finds a statement of  3,092        

that type FILED FOR A CANDIDATE FOR THE OFFICE OF MEMBER OF THE    3,093        

GENERAL ASSEMBLY to be incomplete or inaccurate, only the          3,094        

secretary of state shall send the notification as to the           3,095        

incomplete or inaccurate nature of the statement.  Within          3,096        

      WITHIN twenty-one days after receipt of THE notice, in the   3,101        

case of a pre-election PREELECTION statement, a postelection       3,103        

statement, a monthly statement, or an annual statement prescribed  3,104        

by section 3517.10, an annual statement prescribed by section      3,105        

3517.101, or a statement prescribed by division (B)(2)(b) or       3,107        

                                                          74     


                                                                 
(D)(C)(2)(b) of section 3517.105 or section 3517.107 of the        3,108        

Revised Code, the recipient shall file an addendum, AMENDMENT, OR  3,111        

OTHER CORRECTION to the statement providing the information        3,113        

necessary to complete or correct the statement.  THE SECRETARY OF  3,114        

STATE MAY REQUIRE THAT, IN LIEU OF FILING AN ADDENDUM, AMENDMENT,  3,115        

OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY ELECTRONIC     3,116        

MEANS OF TRANSMISSION TO THE OFFICE OF THE SECRETARY OF STATE OR   3,117        

ON COMPUTER DISK WITH THE APPROPRIATE BOARD OF ELECTIONS PURSUANT  3,118        

TO SECTION 3517.106 OF THE REVISED CODE, THE RECIPIENT OF THE      3,119        

NOTICE DESCRIBED IN THIS DIVISION FILE BY ELECTRONIC MEANS OF      3,120        

TRANSMISSION, OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK WITH     3,121        

THE APPROPRIATE BOARD OF ELECTIONS IF THE ORIGINAL STATEMENT WAS   3,123        

FILED ON COMPUTER DISK, AN AMENDED STATEMENT THAT INCORPORATES                  

THE INFORMATION NECESSARY TO COMPLETE OR CORRECT THE STATEMENT.    3,125        

The secretary of state shall determine by rule when an addendum,   3,126        

AMENDMENT, OR OTHER CORRECTION to a two-business-day statement     3,128        

prescribed by section 3517.10 of the Revised Code OR AN AMENDED    3,129        

TWO-BUSINESS-DAY STATEMENT shall be filed.  AN ADDENDUM,           3,130        

AMENDMENT, OR OTHER CORRECTION TO A STATEMENT THAT IS FILED BY     3,131        

ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER DISK PURSUANT TO   3,132        

SECTION 3517.106 OF THE REVISED CODE SHALL BE FILED IN THE SAME                 

MANNER AS THE STATEMENT.  THE PROVISIONS OF SECTIONS 3517.10 AND   3,134        

3517.106 OF THE REVISED CODE PERTAINING TO THE FILING OF           3,135        

STATEMENTS OF CONTRIBUTIONS AND EXPENDITURES AND STATEMENTS OF                  

INDEPENDENT EXPENDITURES BY ELECTRONIC MEANS OF TRANSMISSION OR    3,136        

ON COMPUTER DISK APPLY TO THE FILING OF ADDENDA, AMENDMENTS, OR    3,137        

OTHER CORRECTIONS TO THOSE STATEMENTS BY ELECTRONIC MEANS OF       3,138        

TRANSMISSION OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK AND THE   3,139        

FILING OF AMENDED STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION   3,140        

OR, UNTIL JANUARY 1, 2003, ON COMPUTER DISK.                       3,142        

      (b)  WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE  3,145        

RECEIVES, BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, AN                      

ADDENDUM, AMENDMENT, OR OTHER CORRECTION TO A STATEMENT OR AN      3,146        

AMENDED STATEMENT UNDER DIVISION (B)(3)(a) OF THIS SECTION, THE    3,147        

                                                          75     


                                                                 
SECRETARY OF STATE, PURSUANT TO DIVISIONS (E), (F), (G), AND (I)   3,149        

OF SECTION 3517.106 OF THE REVISED CODE, SHALL MAKE THE                         

CONTRIBUTION AND EXPENDITURE INFORMATION IN THAT ADDENDUM,         3,151        

AMENDMENT, CORRECTION, OR AMENDED STATEMENT AVAILABLE ONLINE TO                 

THE PUBLIC THROUGH THE INTERNET.  AS USED IN THIS DIVISION,        3,152        

"INTERNET" HAS THE SAME MEANING AS IN SECTION 3517.106 OF THE      3,154        

REVISED CODE.                                                                   

      (4)(a)  The secretary of state or the board of elections     3,157        

shall examine all statements for compliance with sections 3517.08  3,158        

to 3517.17 of the Revised Code.                                    3,159        

      (b)  The secretary of state may contract with an individual  3,161        

or entity not associated with the secretary of state and           3,163        

experienced in interpreting the campaign finance reporting law of  3,164        

this state to conduct examinations of statements filed by any      3,166        

statewide candidate, as this term is defined in section 3517.103   3,167        

of the Revised Code.                                               3,168        

      (c)  The examination shall be conducted by a person or       3,171        

entity qualified to conduct it.  The results of the examination    3,172        

shall be available to the public, and, when the examination is     3,173        

conducted by an individual or entity not associated with the       3,175        

secretary of state, the results of the examination shall be        3,176        

reported to the secretary of state.                                             

      (C)(1)  In the event of a failure to file or a late filing   3,178        

of a statement required to be filed under sections 3517.081 to     3,179        

3517.17 of the Revised Code or if a filed statement or any         3,180        

addendum to the statement, if an addendum is required to be        3,181        

filed, is incomplete or inaccurate, or appears to disclose a       3,182        

failure to comply with or a violation of law, the official whose   3,184        

duty it is to examine the statement shall promptly file a          3,185        

complaint with the Ohio elections commission under section         3,187        

3517.153 of the Revised Code if the law is one over which the                   

commission has jurisdiction to hear complaints, or the official    3,189        

shall promptly report the failure or violation to the board of     3,191        

elections and the board shall promptly report it to the            3,192        

                                                          76     


                                                                 
prosecuting attorney in accordance with division (J) of section    3,193        

3501.11 of the Revised Code.  If the official files a complaint    3,194        

with the commission, the commission shall proceed in accordance    3,195        

with sections 3517.154 to 3517.157 of the Revised Code.            3,196        

      (2)  For purposes of division (C)(1) of this section, a      3,198        

statement or an addendum to a statement required to be filed       3,200        

under sections 3517.081 to 3517.17 of the Revised Code is          3,202        

incomplete or inaccurate under this section if the statement or    3,203        

addendum fails to disclose substantially all contributions that    3,204        

are received from a source and that are required to be reported    3,205        

under sections 3517.10, 3517.107, and 3517.108 of the Revised      3,207        

Code or if the statement or addendum fails to disclose at least    3,209        

ninety per cent of the total contributions received or of the      3,210        

total expenditures made during the reporting period.               3,211        

      (D)  No certificate of nomination or election shall be       3,213        

issued to a person, and no person elected to an office shall       3,215        

enter upon the performance of the duties of that office, until     3,216        

that person or that person's campaign committee, as appropriate,   3,219        

has fully complied with this section and sections 3517.08,         3,221        

3517.081, 3517.10, and 3517.13 of the Revised Code.                             

      Sec. 3517.13.  (A)(1)  No campaign committee for a           3,230        

candidate whose candidacy for nomination or election was           3,232        

submitted to electors throughout the entire state shall fail to    3,233        

file a complete and accurate statement required under division     3,234        

(A)(1) of section 3517.10 of the Revised Code.                     3,236        

      (2)  No campaign committee of a statewide candidate shall    3,239        

fail to file a complete and accurate monthly statement, and no                  

campaign committee of a statewide candidate or a candidate for     3,241        

the office of chief justice or justice of the supreme court shall  3,242        

fail to file a complete and accurate two-business-day statement,   3,243        

as required under section 3517.10 of the Revised Code.             3,245        

      As used in THIS division (A)(2) of this section, "statewide  3,248        

candidate" has the same meaning as in division (F)(2) of section   3,249        

3517.10 of the Revised Code.                                                    

                                                          77     


                                                                 
      (B)  No campaign committee for a candidate whose candidacy   3,251        

for nomination or election was submitted to electors within a      3,252        

county or district shall fail to file a complete and accurate      3,253        

statement required under division (A)(1) of section 3517.10 of     3,255        

the Revised Code.                                                               

      (C)  No campaign committee shall fail to file a complete     3,258        

and accurate statement required under division (A)(2) of section   3,259        

3517.10 of the Revised Code.                                       3,260        

      (D)  No campaign committee shall fail to file a complete     3,262        

and accurate statement required under division (A)(3) of section   3,264        

3517.10 of the Revised Code.                                       3,265        

      (E)  No person other than a campaign committee shall         3,267        

knowingly fail to file a statement required under section 3517.10  3,268        

or 3517.107 of the Revised Code.                                   3,270        

      (F)  No person shall make cash contributions to any person   3,272        

totaling more than one hundred dollars in each primary, special,   3,273        

or general election.                                               3,274        

      (G)(1)  No person shall knowingly conceal or misrepresent    3,277        

contributions given or received, expenditures made, or any other   3,279        

information required to be reported by a provision in sections     3,281        

3517.08 to 3517.13 and 3517.17 of the Revised Code.                3,282        

      (2)(a)  No person shall make a contribution to a campaign    3,285        

committee, political action committee, legislative campaign fund,  3,286        

political party, or political contributing entity in the name of   3,287        

another person.                                                    3,288        

      (b)  A person does not make a contribution in the name of    3,290        

another when either of the following applies:                      3,291        

      (i)  An individual makes a contribution from a partnership   3,293        

or unincorporated business account, if the contribution is         3,294        

reported by listing both the name of the partnership or            3,295        

unincorporated business and the name of the partner or owner       3,296        

making the contribution.                                                        

      (ii)  A person makes a contribution in that person's         3,298        

spouse's name or in both of their names.                           3,299        

                                                          78     


                                                                 
      (H)  No person within this state, publishing a newspaper or  3,301        

other periodical, shall charge a campaign committee for political  3,302        

advertising a rate in excess of the rate such person would charge  3,303        

if the campaign committee were a general rate advertiser whose     3,304        

advertising was directed to promoting its business within the      3,305        

same area as that encompassed by the particular office that the    3,307        

candidate of the campaign committee is seeking.  The rate shall    3,308        

take into account the amount of space used, as well as the type    3,309        

of advertising copy submitted by or on behalf of the campaign      3,310        

committee.  All discount privileges otherwise offered by a         3,311        

newspaper or periodical to general rate advertisers shall be       3,312        

available upon equal terms to all campaign committees.             3,313        

      No person within this state, operating a radio or            3,315        

television station or network of stations in this state, shall     3,316        

charge a campaign committee for political broadcasts a rate that   3,318        

exceeds:                                                           3,319        

      (1)  During the forty-five days preceding the date of a      3,321        

primary election and during the sixty days preceding the date of   3,322        

a general or special election in which the candidate of the        3,323        

campaign committee is seeking office, the lowest unit charge of    3,324        

the station for the same class and amount of time for the same     3,325        

period;                                                            3,326        

      (2)  At any other time, the charges made for comparable use  3,328        

of such station by its other users.                                3,329        

      (I)  Subject to divisions (K), (L), (M), and (N) of this     3,331        

section, no agency or department of this state or any political    3,332        

subdivision shall award any contract, other than one let by        3,333        

competitive bidding or a contract incidental to such contract or   3,334        

which is by force account, for the purchase of goods costing more  3,335        

than five hundred dollars or services costing more than five       3,336        

hundred dollars to any individual, partnership, association,       3,337        

including, without limitation, a professional association          3,338        

organized under Chapter 1785. of the Revised Code, estate, or      3,339        

trust if the individual has made or the individual's spouse has    3,341        

                                                          79     


                                                                 
made, or any partner, shareholder, administrator, executor, or     3,342        

trustee, or the spouses of any of them has made, as an             3,343        

individual, within the two previous calendar years, one or more    3,344        

contributions totaling in excess of one thousand dollars to the    3,345        

holder of the public office having ultimate responsibility for     3,346        

the award of the contract or to the public officer's campaign      3,347        

committee.                                                                      

      (J)  Subject to divisions (K), (L), (M), and (N) of this     3,349        

section, no agency or department of this state or any political    3,350        

subdivision shall award any contract, other than one let by        3,351        

competitive bidding or a contract incidental to such contract or   3,352        

which is by force account, for the purchase of goods costing more  3,353        

than five hundred dollars or services costing more than five       3,354        

hundred dollars to a corporation or business trust, except a       3,355        

professional association organized under Chapter 1785. of the      3,356        

Revised Code, if an owner of more than twenty per cent of the      3,357        

corporation or business trust or the spouse of such person, has    3,358        

made, as an individual, within the two previous calendar years,    3,359        

taking into consideration only owners for all of such period, one  3,360        

or more contributions totaling in excess of one thousand dollars   3,361        

to the holder of a public office having ultimate responsibility    3,362        

for the award of the contract or to the public officer's campaign  3,363        

committee.                                                                      

      (K)  For purposes of divisions (I) and (J) of this section,  3,365        

if a public officer who is responsible for the award of a          3,366        

contract is appointed by the governor, whether or not the          3,367        

appointment is subject to the advice and consent of the senate,    3,368        

excluding members of boards, commissions, committees,              3,369        

authorities, councils, boards of trustees, task forces, and other  3,370        

such entities appointed by the governor, the office of the         3,371        

governor is considered to have ultimate responsibility for the     3,372        

award of the contract.                                             3,373        

      (L)  For purposes of divisions (I) and (J) of this section,  3,375        

if a public officer who is responsible for the award of a          3,376        

                                                          80     


                                                                 
contract is appointed by the elected chief executive officer of a  3,377        

municipal corporation, or appointed by the elected chief           3,378        

executive officer of a county operating under an alternative form  3,379        

of county government or county charter, excluding members of       3,380        

boards, commissions, committees, authorities, councils, boards of  3,381        

trustees, task forces, and other such entities appointed by the    3,382        

chief executive officer, the office of the chief executive         3,383        

officer is considered to have ultimate responsibility for the      3,384        

award of the contract.                                             3,385        

      (M)(1)  Divisions (I) and (J) of this section do not apply   3,387        

to contracts awarded by the board of commissioners of the sinking  3,388        

fund, municipal legislative authorities, boards of education,      3,389        

boards of county commissioners, boards of township trustees, or    3,390        

other boards, commissions, committees, authorities, councils,      3,391        

boards of trustees, task forces, and other such entities created   3,392        

by law, by the supreme court or courts of appeals, by county       3,393        

courts consisting of more than one judge, courts of common pleas   3,394        

consisting of more than one judge, or municipal courts consisting  3,395        

of more than one judge, or by a division of any court if the       3,396        

division consists of more than one judge.  Division (M)(1) of      3,397        

this section shall apply to the specified entity only if the       3,398        

members of the entity act collectively in the award of a contract  3,399        

for goods or services.                                             3,400        

      (2)  Divisions (I) and (J) of this section do not apply to   3,402        

actions of the controlling board.                                  3,403        

      (N)(1)  Divisions (I) and (J) of this section apply to       3,405        

contributions made to the holder of a public office having         3,406        

ultimate responsibility for the award of a contract, or to the     3,408        

public officer's campaign committee, during the time the person    3,410        

holds the office and during any time such person was a candidate   3,411        

for the office.  These divisions do not apply to contributions     3,412        

made to, or to the campaign committee of, a candidate for or       3,413        

holder of the office other than the holder of the office at the    3,414        

time of the award of the contract.                                 3,415        

                                                          81     


                                                                 
      (2)  Divisions (I) and (J) of this section do not apply to   3,417        

contributions of a partner, shareholder, administrator, executor,  3,418        

trustee, or owner of more than twenty per cent of a corporation    3,419        

or business trust made before the person held any of those         3,420        

positions or after the person ceased to hold any of those          3,421        

positions in the partnership, association, estate, trust,          3,422        

corporation, or business trust whose eligibility to be awarded a   3,423        

contract is being determined, nor to contributions of the          3,424        

person's spouse made before the person held any of those           3,425        

positions, after the person ceased to hold any of those            3,426        

positions, before the two were married, or after the granting of   3,427        

a decree of divorce, dissolution of marriage, or nullity, or the   3,428        

granting of an order in an action brought solely for legal         3,429        

separation.  These divisions do not apply to contributions of the  3,430        

spouse of an individual whose eligibility to be awarded a          3,431        

contract is being determined made before the two were married, or  3,432        

after the granting of a decree of divorce, dissolution of          3,433        

marriage, or nullity, or the granting of an order in an action     3,434        

brought solely for legal separation.                               3,435        

      (O)  No beneficiary of a campaign fund or other person       3,437        

shall convert for personal use, and no person shall knowingly      3,439        

give to a beneficiary of a campaign fund or any other person, for  3,440        

the beneficiary's or any other person's personal use, anything of  3,442        

value from the beneficiary's campaign fund, including, without     3,443        

limitation, payments to a beneficiary for services the             3,444        

beneficiary personally performs, except as reimbursement for any   3,445        

of the following:                                                               

      (1)  Legitimate and verifiable prior campaign expenses       3,447        

incurred by the beneficiary;                                       3,448        

      (2)  Legitimate and verifiable, ordinary, and necessary      3,450        

prior expenses incurred by the beneficiary in connection with      3,451        

duties as the holder of a public office, including, without        3,452        

limitation, expenses incurred through participation in             3,453        

nonpartisan or bipartisan events if the participation of the       3,454        

                                                          82     


                                                                 
holder of a public office would normally be expected;              3,455        

      (3)  Legitimate and verifiable ordinary and necessary prior  3,457        

expenses incurred by the beneficiary while:                        3,458        

      (a)  Engaged in activities in support of or opposition to a  3,460        

candidate other than the beneficiary, political party, or ballot   3,461        

issue;                                                             3,462        

      (b)  Raising funds for a political party, political action   3,464        

committee, political contributing entity, legislative campaign     3,465        

fund, campaign committee, or other candidate;                      3,467        

      (c)  Participating in the activities of a political party,   3,469        

political action committee, political contributing entity,         3,470        

legislative campaign fund, or campaign committee; or               3,472        

      (d)  Attending a political party convention or other         3,474        

political meeting.                                                 3,475        

      For purposes of this division, an expense is incurred        3,477        

whenever a beneficiary has either made payment or is obligated to  3,478        

make payment, as by the use of a credit card or other credit       3,479        

procedure or by the use of goods or services received on account.  3,480        

      (P)  No beneficiary of a campaign fund shall knowingly       3,482        

accept, and no person shall knowingly give to the beneficiary of   3,483        

a campaign fund, reimbursement for an expense under division (O)   3,484        

of this section to the extent that the expense previously was      3,485        

reimbursed or paid from another source of funds.  If an expense    3,486        

is reimbursed under division (O) of this section and is later      3,487        

paid or reimbursed, wholly or in part, from another source of      3,488        

funds, the beneficiary shall repay the reimbursement received      3,489        

under division (O) of this section to the extent of the payment    3,490        

made or reimbursement received from the other source.              3,491        

      (Q)  No candidate or public official or employee shall       3,493        

accept for personal or business use anything of value from a       3,494        

political party, political action committee, political             3,496        

contributing entity, legislative campaign fund, or campaign        3,497        

committee other than the candidate's or public official's or       3,499        

employee's own campaign committee, and no person shall knowingly   3,500        

                                                          83     


                                                                 
give to a candidate or public official or employee anything of     3,501        

value from a political party, political action committee,          3,502        

political contributing entity, legislative campaign fund, or such  3,504        

a campaign committee, except for the following:                    3,505        

      (1)  Reimbursement for legitimate and verifiable, ordinary,  3,507        

and necessary prior expenses not otherwise prohibited by law       3,508        

incurred by the candidate or public official or employee while     3,509        

engaged in any legitimate activity of the political party,         3,510        

political action committee, political contributing entity,         3,511        

legislative campaign fund, or such campaign committee.  Without    3,513        

limitation, reimbursable expenses under this division include      3,514        

those incurred while:                                              3,515        

      (a)  Engaged in activities in support of or opposition to    3,517        

another candidate, political party, or ballot issue;               3,518        

      (b)  Raising funds for a political party, legislative        3,520        

campaign fund, campaign committee, or another candidate; or        3,521        

      (c)  Attending a political party convention or other         3,523        

political meeting.                                                 3,524        

      (2)  Compensation not otherwise prohibited by law for        3,526        

actual and valuable personal services rendered under a written     3,527        

contract to the political party, political action committee,       3,528        

political contributing entity, legislative campaign fund, or such  3,530        

campaign committee for any legitimate activity of the political    3,532        

party, political action committee, political contributing entity,  3,533        

legislative campaign fund, or such campaign committee.             3,535        

      Reimbursable expenses under this division do not include,    3,537        

and it is a violation of this division for a candidate or public   3,538        

official or employee to accept, or for any person to knowingly     3,539        

give to a candidate or public official or employee from a          3,540        

political party, political action committee, political             3,542        

contributing entity, legislative campaign fund, or campaign        3,543        

committee other than the candidate's or public official's or       3,545        

employee's own campaign committee, anything of value for           3,546        

activities primarily related to the candidate's or public          3,547        

                                                          84     


                                                                 
official's or employee's own campaign for election, except for     3,549        

contributions to the candidate's or public official's or           3,551        

employee's campaign committee.                                     3,552        

      For purposes of this division, an expense is incurred        3,554        

whenever a candidate or public official or employee has either     3,555        

made payment or is obligated to make payment, as by the use of a   3,556        

credit card or other credit procedure, or by the use of goods or   3,557        

services on account.                                               3,558        

      (R)(1)  Division (O) or (P) of this section does not         3,560        

prohibit a campaign committee from making direct advance or post   3,561        

payment from contributions to vendors for goods and services for   3,562        

which reimbursement is permitted under division (O) of this        3,563        

section, except that no campaign committee shall pay its           3,564        

candidate or other beneficiary for services personally performed   3,565        

by the candidate or other beneficiary.                             3,566        

      (2)  If any expense that may be reimbursed under division    3,568        

(O), (P), or (Q) of this section is part of other expenses that    3,569        

may not be paid or reimbursed, the separation of the two types of  3,570        

expenses for the purpose of allocating for payment or              3,571        

reimbursement those expenses that may be paid or reimbursed may    3,572        

be by any reasonable accounting method, considering all of the     3,573        

surrounding circumstances.                                         3,574        

      (3)  For purposes of divisions (O), (P), and (Q) of this     3,576        

section, mileage allowance at a rate not greater than that         3,577        

allowed by the internal revenue service at the time the travel     3,578        

occurs may be paid instead of reimbursement for actual travel      3,579        

expenses allowable.                                                3,580        

      (S)(1)  As used in division (S) of this section:             3,582        

      (a)  "State elective office" has the same meaning as in      3,584        

section 3517.092 of the Revised Code.                              3,585        

      (b)  "Federal office" means a federal office as defined in   3,587        

the Federal Election Campaign Act.                                 3,588        

      (c)  "Federal campaign committee" means a principal          3,590        

campaign committee or authorized committee as defined in the       3,592        

                                                          85     


                                                                 
Federal Election Campaign Act.                                     3,593        

      (2)  No person who is a candidate for state elective office  3,595        

and who previously sought nomination or election to a federal      3,597        

office shall transfer any funds or assets from that person's       3,599        

federal campaign committee for nomination or election to the       3,601        

federal office to that person's campaign committee as a candidate               

for state elective office.                                         3,603        

      (3)  No campaign committee of a person who is a candidate    3,605        

for state elective office and who previously sought nomination or  3,607        

election to a federal office shall accept any funds or assets      3,608        

from that person's federal campaign committee for that person's    3,609        

nomination or election to the federal office.                                   

      (T)(1)  Except as otherwise provided in division (B)(6)(c)   3,611        

of section 3517.102 of the Revised Code, a state or county         3,613        

political party shall not disburse moneys from any account other   3,614        

than a state candidate fund to make contributions to any of the    3,615        

following:                                                                      

      (a)  A state candidate fund;                                 3,617        

      (b)  A legislative campaign fund;                            3,619        

      (c)  A campaign committee of a candidate for the office of   3,621        

governor, lieutenant governor, secretary of state, auditor of      3,622        

state, treasurer of state, attorney general, member of the state   3,623        

board of education, or member of the general assembly.             3,624        

      (2)  No state candidate fund, legislative campaign fund, or  3,626        

campaign committee of a candidate for any office described in      3,627        

division (T)(1)(c) of this section shall knowingly accept a        3,628        

contribution in violation of division (T)(1) of this section.      3,629        

      (U)  No person shall fail to file the statement required     3,631        

under section 3517.12 of the Revised Code.                         3,632        

      (V)  No campaign committee shall fail to file a statement    3,634        

required under division (K)(3) of section 3517.10 of the Revised   3,635        

Code.                                                                           

      (W)(1)  NO FOREIGN NATIONAL SHALL, DIRECTLY OR INDIRECTLY    3,637        

THROUGH ANY OTHER PERSON OR ENTITY, MAKE A CONTRIBUTION,           3,638        

                                                          86     


                                                                 
EXPENDITURE, OR INDEPENDENT EXPENDITURE OR PROMISE, EITHER         3,639        

EXPRESSLY OR IMPLICITLY, TO MAKE A CONTRIBUTION, EXPENDITURE, OR   3,640        

INDEPENDENT EXPENDITURE IN SUPPORT OF OR OPPOSITION TO A           3,641        

CANDIDATE FOR ANY ELECTIVE OFFICE IN THIS STATE, INCLUDING AN                   

OFFICE OF A POLITICAL PARTY.                                       3,642        

      (2)  NO CANDIDATE, CAMPAIGN COMMITTEE, POLITICAL ACTION      3,644        

COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN     3,645        

FUND, STATE CANDIDATE FUND, POLITICAL PARTY, OR SEPARATE           3,646        

SEGREGATED FUND SHALL SOLICIT OR ACCEPT A CONTRIBUTION,            3,647        

EXPENDITURE, OR INDEPENDENT EXPENDITURE FROM A FOREIGN NATIONAL.   3,648        

THE SECRETARY OF STATE MAY DIRECT ANY CANDIDATE, COMMITTEE, FUND,  3,650        

ENTITY, OR PARTY THAT ACCEPTS A CONTRIBUTION, EXPENDITURE, OR      3,651        

INDEPENDENT EXPENDITURE IN VIOLATION OF THIS DIVISION TO RETURN    3,652        

THE CONTRIBUTION, EXPENDITURE, OR INDEPENDENT EXPENDITURE OR, IF   3,653        

IT IS NOT POSSIBLE TO RETURN THE CONTRIBUTION, EXPENDITURE, OR     3,654        

INDEPENDENT EXPENDITURE, THEN TO RETURN INSTEAD THE VALUE OF IT,                

TO THE CONTRIBUTOR.                                                3,655        

      (3)  AS USED IN THIS SECTION, "FOREIGN NATIONAL" HAS THE     3,657        

SAME MEANING AS IN SECTION 441e(b) OF THE FEDERAL ELECTION         3,659        

CAMPAIGN ACT.                                                                   

      Sec. 3517.151.  (A)  Before January 1, 1996, affidavits,     3,668        

complaints, or reports with respect to acts or failures to act     3,669        

under sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to    3,670        

3517.22, 3599.03, and 3599.031 of the Revised Code shall be        3,671        

presented to the Ohio elections commission created under section   3,673        

3517.14 of the Revised Code.  On and after January 1, 1996,        3,674        

complaints with respect to acts or failures to act under the       3,675        

sections listed in division (A) of section 3517.153 of the         3,677        

Revised Code shall be filed with the Ohio elections commission     3,678        

created under section 3517.152 of the Revised Code.                3,679        

      (B)(1)  If a complaint filed with the Ohio elections         3,682        

commission created under section 3517.152 of the Revised Code      3,683        

alleges an act or failure to act that occurred before the          3,684        

effective date of this section AUGUST 24, 1995, and the            3,685        

                                                          87     


                                                                 
commission imposes a fine, sections 3599.99 3517.99 and 3599.991   3,686        

3517.991 of the Revised Code, and not sections 3599.992 3517.992   3,688        

and 3599.993 3517.993 of the Revised Code, shall apply.            3,690        

      (2)  If a complaint filed with the Ohio elections            3,693        

commission created under section 3517.152 of the Revised Code      3,694        

alleges an act or failure to act that is a violation of section    3,695        

3517.13 of the Revised Code, divisions (A) through TO (R) of that  3,696        

section apply to the act or failure to act if it occurred before   3,697        

the effective date of this section AUGUST 24, 1995, and divisions  3,699        

(A) through TO (U) of that section apply to the act or failure to  3,700        

act if it occurs on or after the effective date of this section    3,702        

AUGUST 24, 1995, BUT BEFORE JULY 13, 1998, DIVISIONS (A) TO (V)    3,704        

OF THAT SECTION APPLY TO THE ACT OR FAILURE TO ACT IF IT OCCURS    3,705        

ON OR AFTER JULY 13, 1998, BUT BEFORE THE EFFECTIVE DATE OF THIS   3,706        

AMENDMENT, AND DIVISIONS (A) TO (W) OF THAT SECTION APPLY TO THE   3,707        

ACT OR FAILURE TO ACT IF IT OCCURS ON OR AFTER THE EFFECTIVE DATE  3,708        

OF THIS AMENDMENT.                                                              

      (C)  The Ohio elections commission created under section     3,711        

3517.14 of the Revised Code is abolished at the close of business  3,712        

on December 31, 1995.                                                           

      Sec. 3517.152.  (A)(1)  There is hereby created the Ohio     3,722        

elections commission consisting of seven members.                               

      Not later than forty-five days after August 24, 1995, the    3,726        

speaker of the house of representatives and the leader in the      3,727        

senate of the political party of which the speaker is a member     3,728        

shall jointly submit to the governor a list of five persons who    3,729        

are affiliated with that political party.  Not later than          3,730        

forty-five days after August 24, 1995, the two legislative         3,732        

leaders in the two houses of the general assembly of the major                  

political party of which the speaker is not a member shall         3,733        

jointly submit to the governor a list of five persons who are      3,734        

affiliated with the major political party of which the speaker is  3,736        

not a member.  Not later than fifteen days after receiving each    3,737        

list, the governor shall appoint three persons from each list to   3,738        

                                                          88     


                                                                 
the commission.  The governor shall appoint one person from each   3,739        

list to a term that ends on December 31, 1996, one person from     3,741        

each list to a term that ends on December 31, 1997, and one        3,742        

person from each list to a term that ends on December 31, 1998.    3,743        

      Not later than thirty days after the governor appoints       3,745        

these six members, they shall, by a majority vote, appoint to the  3,747        

commission a seventh member, who shall not be affiliated with a    3,748        

political party.  If the six members fail to appoint the seventh   3,749        

member within this thirty-day period, the chief justice of the     3,750        

supreme court, not later than thirty days after the end of the                  

period during which the six members were required to appoint a     3,751        

member, shall appoint the seventh member, who shall not be         3,752        

affiliated with a political party.  The seventh member shall be    3,753        

appointed to a term that ends on December 31, 2001.  Terms of the  3,754        

initial members appointed under THIS division (A)(1) of this       3,755        

section begin on January 1, 1996.                                               

      (2)  If a vacancy occurs in the position of the seventh      3,757        

member, who is not affiliated with a political party, the six      3,758        

remaining members by a majority vote shall appoint, not later      3,759        

than fifteen FORTY-FIVE days after the date of the vacancy, the    3,761        

seventh member of the commission, who shall not be affiliated                   

with a political party.  If these members fail to appoint the      3,762        

seventh member within this fifteen-day FORTY-FIVE-DAY period, the  3,763        

chief justice of the supreme court, within fifteen days after the  3,765        

end of this period, shall appoint the seventh member, who shall    3,766        

not be affiliated with a political party.  If a vacancy occurs in               

any of the other six positions on the commission, the legislative  3,767        

leaders of the political party from whose list of persons the      3,768        

member being replaced was appointed shall submit to the governor,  3,769        

not later than thirty days after the date of the vacancy, a list   3,770        

of three persons who are affiliated with that political party.     3,771        

Not later than fifteen days after receiving the list, the                       

governor, with the advice and consent of the senate, shall         3,773        

appoint one person from the list to the commission.                             

                                                          89     


                                                                 
      (3)  At no time shall more than six members of the           3,775        

commission be affiliated with a political party, and, of these     3,776        

six members, not more than three shall be affiliated with the      3,777        

same political party.                                              3,778        

      (4)  In making appointments to the commission, the governor  3,781        

shall take into consideration the various geographic areas of      3,782        

this state and shall appoint members so that those areas are       3,783        

represented on the commission in a balanced manner, to the extent  3,784        

feasible.                                                                       

      (5)  Members of the commission shall be registered electors  3,787        

and shall be of good moral character.                              3,788        

      (B)  Each member of the commission shall hold office from    3,791        

the date of the member's appointment until the end of the term     3,792        

for which the member was appointed.  A member appointed to fill a  3,793        

vacancy occurring prior to the expiration of the term for which    3,794        

the member's predecessor was appointed shall hold office for the   3,795        

remainder of that term.  A member shall continue in office         3,796        

subsequent to the expiration date of the member's term until the   3,797        

member's successor takes office or until a period of sixty days    3,799        

has elapsed, whichever occurs first.  After the initial terms of   3,800        

office provided for in division (A)(1) of this section, terms of   3,801        

office shall be for five years.                                    3,802        

      (C)  A vacancy in the Ohio elections commission may be       3,805        

caused by death, resignation, or three absences from commission    3,806        

meetings in a calendar year if those absences are caused by        3,807        

reasons declared invalid by a vote of five members of the          3,808        

remaining members of the commission.                                            

      (D)  Each member of the commission while in the performance  3,811        

of the business of the commission shall be entitled to receive     3,812        

compensation at the rate of twenty-five thousand dollars per       3,813        

year.  Members shall be reimbursed for expenses actually and       3,814        

necessarily incurred in the performance of their duties.           3,815        

      (E)  No member of the commission shall serve more than one   3,818        

full term unless the terms served are served nonconsecutively.     3,819        

                                                          90     


                                                                 
      (F)(1)  No member of the commission shall do or be any of    3,822        

the following:                                                                  

      (a)  Hold, or be a candidate for, a public office;           3,825        

      (b)  Serve on a committee supporting or opposing a           3,828        

candidate or ballot question or issue;                                          

      (c)  Be an officer of the state central committee, a county  3,831        

central committee, or a district, city, township, or other         3,832        

committee of a political party or an officer of the executive      3,833        

committee of the state central committee, a county central         3,834        

committee, or a district, city, township, or other committee of a  3,835        

political party;                                                                

      (d)  Be a legislative agent as defined in section 101.70 of  3,838        

the Revised Code or an executive agency lobbyist as defined in     3,839        

section 121.60 of the Revised Code;                                3,840        

      (e)  Solicit or be involved in soliciting contributions on   3,843        

behalf of a candidate, campaign committee, political party,        3,844        

political action committee, or political contributing entity;      3,845        

      (f)  Be in the unclassified service under section 124.11 of  3,848        

the Revised Code;                                                               

      (g)  Be a person or employee described in divisions (C)(1)   3,851        

to (15) of section 4117.01 of the Revised Code.                    3,852        

      (2)  No member or employee of the commission shall make a    3,855        

contribution to, or for the benefit of, a campaign committee or    3,856        

committee in support of or opposition to a ballot question or      3,857        

issue, a political party, a legislative campaign fund, a           3,858        

political action committee, or a political contributing entity.    3,859        

      (G)(1)  The members of the commission shall elect a          3,861        

chairperson and a vice-chairperson.  At no time shall the          3,863        

chairperson and vice-chairperson be affiliated with the same       3,865        

political party.  The chairperson shall serve in that capacity     3,866        

for one year and shall not serve as chairperson more than twice    3,868        

during a term as a member of the commission.  No two successive    3,869        

chairpersons shall be affiliated with the same political party.    3,870        

      (2)  The commission shall meet at the call of the            3,872        

                                                          91     


                                                                 
chairperson or upon the written request of a majority of the       3,873        

members.  The meetings and hearings of the commission or a panel   3,874        

of the commission under sections 3517.153 to 3517.157 of the       3,875        

Revised Code are subject to section 121.22 of the Revised Code.    3,876        

      (3)  The commission shall adopt rules for its procedures in  3,879        

accordance with Chapter 119. of the Revised Code.  Five of the     3,880        

seven members constitute a quorum.  Except as otherwise provided   3,881        

in this section and in sections 3517.154 to 3517.157 of the        3,882        

Revised Code, no action shall be taken without the concurrence of  3,883        

a majority of the members.                                         3,884        

      (H)(1)  The commission shall employ the technical,           3,887        

professional, and clerical employees that are necessary for it to  3,888        

carry out its duties.                                                           

      (2)(a)  Notwithstanding section 109.02 of the Revised Code,  3,891        

the commission shall employ a full-time attorney, and, as needed,  3,893        

one or more investigatory attorneys to conduct investigations for  3,895        

the commission or a panel of the commission.  The commission may   3,896        

employ or contract for the services of additional attorneys, as    3,897        

needed.  The full-time attorney shall do all of the following:     3,898        

      (i)  Serve as the commission's attorney in regard to all     3,901        

legal matters, including representing the commission at appeals    3,902        

from a final determination of the commission, except that the      3,903        

full-time attorney shall not perform the duties that an            3,904        

investigatory attorney is required or requested to perform or      3,905        

that another attorney the commission employs or contracts with     3,906        

for services is required or requested to perform, and shall not    3,907        

represent the commission in any legal proceeding in which the      3,908        

commission is a named party;                                                    

      (ii)  At the request of the commission or a panel of the     3,911        

commission, be present at a hearing held under sections 3517.154   3,912        

to 3517.156 of the Revised Code to rule on the admissibility of    3,913        

evidence and to advise on the conduct of procedure;                3,914        

      (iii)  Perform other duties as required by rule of the       3,917        

commission.                                                                     

                                                          92     


                                                                 
      (b)  An attorney employed by or under contract with the      3,920        

commission shall be licensed to practice law in this state.        3,921        

      (3)(a)  Except as otherwise provided in division (H)(3)(b)   3,924        

of this section, at least five members of the commission shall     3,925        

agree on the employment of a person, a majority of the members     3,926        

shall agree on the discharge of an employee, and a person          3,927        

employed by the commission shall serve at the pleasure of the      3,928        

commission.                                                                     

      (b)  At least five of the seven members shall agree on the   3,930        

discharge of an investigatory attorney.                            3,931        

      Sec. 3517.154.  (A)(1)  The full-time attorney for the Ohio  3,941        

elections commission shall review each complaint filed with the    3,942        

commission under section 3517.153 of the Revised Code, shall       3,943        

determine the nature of the complaint, and, unless division        3,944        

(A)(2)(a) of this section requires that the complaint receive an   3,945        

automatic expedited hearing, shall make a recommendation to the    3,946        

commission for its disposition, in accordance with this section.   3,947        

The attorney shall make the determination and the recommendation,  3,948        

if required, not later than one business day after the complaint   3,949        

is filed.                                                                       

      (2)(a)  If the attorney determines that the complaint sets   3,952        

forth a violation of division (B) of section 3517.21 or division   3,953        

(B) of section 3517.22 OF THE REVISED CODE AND THAT THE COMPLAINT  3,954        

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        3,955        

COMPLAINT SETS FORTH a violation described in division (D) of      3,957        

section 3517.1010, of the Revised Code, the complaint shall        3,958        

receive an automatic expedited hearing under section 3517.156 of   3,959        

the Revised Code.                                                  3,960        

      (b)  If the attorney determines that the complaint sets      3,963        

forth a failure to comply with or a violation of division (G),     3,964        

(I), (J), (O), (P), or (Q) of section 3517.13, division (A) of     3,966        

section 3517.21, or division (A) of section 3517.22 of the         3,967        

Revised Code AND THAT THE COMPLAINT IS FILED DURING ONE OF THE     3,968        

                                                          93     


                                                                 
PERIODS OF TIME SPECIFIED IN DIVISION (B)(1) OF SECTION 3517.156   3,969        

OF THE REVISED CODE, the attorney shall recommend to the           3,970        

commission that the complaint receive an expedited hearing under   3,971        

section 3517.156 of the Revised Code, and the complaint shall      3,972        

receive such a hearing.                                                         

      (c)  If the attorney determines that the complaint sets      3,975        

forth a failure to comply with or a violation of a section of the  3,976        

Revised Code over which the commission has jurisdiction to hear    3,977        

complaints other than the sections described in divisions                       

(A)(2)(a) and (b) of this section, and unless the attorney makes   3,979        

a determination as provided for in division (A)(3) of this         3,980        

section, the attorney shall recommend to the commission that the   3,981        

complaint be submitted to the commission under section 3517.155    3,982        

of the Revised Code.  After the attorney makes that                3,983        

recommendation, the attorney shall notify all parties to the       3,984        

complaint of the attorney's recommendation.                                     

      (3)(a)  If a complaint sets forth a failure to comply with   3,987        

or a violation of a section of the Revised Code over which the                  

commission has jurisdiction to hear complaints other than the      3,988        

sections described in divisions (A)(2)(a) and (b) of this section  3,990        

AND IF THE COMPLAINT IS FILED DURING ONE OF THE PERIODS OF TIME    3,991        

SPECIFIED IN DIVISION (B)(1) OF SECTION 3517.156 OF THE REVISED                 

CODE, the attorney may determine that the complaint should         3,993        

receive an expedited hearing under THAT section 3517.156 of the    3,994        

Revised Code.  The attorney shall make that determination by       3,995        

considering one or more of the following:                          3,996        

      (i)  The number of prior failures to comply with or          3,999        

violations of Title XXXV of the Revised Code that the person or                 

entity against whom the complaint has been brought has committed   4,001        

and any prior penalties the commission has imposed on the person   4,002        

or entity;                                                                      

      (ii)  If the complaint involves a statement required to be   4,005        

filed under section 3517.10, division (E) of section 3517.102, or  4,006        

section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of                  

                                                          94     


                                                                 
the Revised Code or an addendum required to be filed under         4,008        

section 3517.11 of the Revised Code that is filed late, how late   4,010        

the filing is and how much time has elapsed between the deadline   4,011        

for filing the statement or addendum and the filing of the         4,012        

complaint;                                                                      

      (iii)  If the complaint involves contributions or            4,015        

expenditures required to be reported under section 3517.10,                     

division (E) of section 3517.102, or section 3517.105, 3517.107,   4,016        

3517.108, or 3517.109 of the Revised Code that are either not      4,018        

reported or reported late, the number of contributions or          4,019        

expenditures not reported or how late they were reported;          4,020        

      (iv)  If the complaint involves contributions required to    4,023        

be reported by a campaign committee under section 3517.10,         4,024        

division (E) of section 3517.102, or section 3517.105, 3517.107,   4,025        

3517.108, or 3517.109 of the Revised Code that are not reported,   4,027        

whether any of the contributors of the contributions not reported  4,028        

have a personal or professional relationship with the campaign     4,029        

committee's candidate;                                                          

      (v)  If the complaint involves a statement required to be    4,032        

filed under section 3517.10, division (E) of section 3517.102, or  4,033        

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     4,035        

incomplete;                                                        4,036        

      (vi)  If the complaint involves the receipt of               4,038        

contributions in violation of section 3599.03 of the Revised       4,040        

Code, the dollar amount and number of contributions received in    4,041        

violation of that section;                                                      

      (vii)  If the complaint involves a failure to make the       4,044        

identification or a misstatement of the identification required    4,045        

under section 3517.105 or 3517.20 of the Revised Code, whether     4,046        

the failure or misstatement was purposely made;                                 

      (viii)  If the complaint sets forth a failure to comply      4,048        

with or a violation of a section of the Revised Code described in  4,049        

division (A)(2)(c) of this section, whether the person or entity   4,051        

                                                          95     


                                                                 
against whom the complaint has been made has committed more than                

one such failure or violation within a reasonable amount of time,  4,052        

or whether the cumulative nature of the failures or violations     4,054        

indicates a systematic disregard for the law.                      4,055        

      (b)  Prior to making a determination under division          4,057        

(A)(3)(a) of this section that the complaint should receive an     4,059        

expedited hearing under section 3517.156 of the Revised Code, the  4,061        

attorney shall take into consideration the number of panels of     4,063        

the commission that have cases pending before them and the number  4,064        

of cases pending before the panels and shall not make a            4,065        

determination that will place an undue burden on a panel of the    4,066        

commission.                                                                     

      (c)  If the attorney determines that the complaint should    4,070        

receive an expedited hearing under section 3517.156 of the         4,071        

Revised Code, the attorney shall recommend to the commission that  4,072        

the complaint receive an expedited hearing, and, if a majority of  4,073        

the members of the commission agrees with the recommendation, the  4,074        

complaint shall receive an expedited hearing under that section.   4,075        

      (4)  The attorney may join two or more complaints if the     4,077        

attorney determines that the allegations in each complaint are of  4,078        

the same or similar character, are based on the same act or        4,079        

failure to act, or are based on two or more acts or failures to    4,080        

act constituting parts of a common scheme or plan.  If one         4,081        

complaint contains two or more allegations, the attorney may       4,082        

separate the allegations if they are not of the same or similar    4,083        

character, if they are not based on the same act or failure to     4,084        

act, or if they are not based on two or more acts or failures to   4,085        

act constituting parts of a common scheme or plan.   If the        4,086        

attorney separates the allegations in a complaint, the attorney    4,087        

may make separate recommendations under division (A)(2) or (3) of  4,088        

this section for each allegation.                                  4,089        

      (B)  Whenever a person or other entity files a complaint     4,092        

with the commission setting forth a failure to comply with or a    4,093        

violation of a section of the Revised Code as described in                      

                                                          96     


                                                                 
division (A)(2)(c) of this section AND THE COMPLAINT IS FILED      4,094        

DURING ONE OF THE PERIODS OF TIME SPECIFIED IN DIVISION (B)(1) OF  4,095        

SECTION 3517.156 OF THE REVISED CODE, the person or entity may     4,097        

request an expedited hearing under THAT section 3517.156 of the    4,098        

Revised Code at the time the complaint is filed.  The attorney     4,099        

for the commission shall inform the members of the commission of   4,100        

that request at the time the attorney makes a recommendation       4,101        

under division (A) of this section.  The commission may grant the  4,102        

request for an expedited hearing under this division if it         4,103        

determines that an expedited hearing is practicable.               4,104        

      (C)  This is an interim section effective until January 1,   4,107        

2000.                                                                           

      Sec. 3517.155.  (A)(1)  Except as otherwise provided in      4,117        

division (B) of this section, the Ohio elections commission shall  4,118        

hold its first hearing on a complaint filed with it, other than a  4,119        

complaint that receives an expedited hearing under section         4,120        

3517.156 of the Revised Code, not later than ninety business days  4,121        

after the complaint is filed unless the commission has good cause  4,122        

to hold the hearing after that time, in which case it shall hold   4,123        

the hearing not later than one hundred eighty business days after  4,124        

the complaint is filed.  At the hearing, the commission shall      4,125        

determine whether or not the failure to act or the violation       4,126        

alleged in the complaint has occurred and shall do only one of     4,127        

the following, except as otherwise provided in division (B) of     4,129        

this section or in division (B) of section 3517.151 of the         4,130        

Revised Code:                                                                   

      (a)  Enter a finding that good cause has been shown not to   4,133        

impose a fine or not to refer the matter to the appropriate                     

prosecutor;                                                        4,134        

      (b)  Impose a fine under section 3517.993 of the Revised     4,137        

Code;                                                                           

      (c)  Refer the matter to the appropriate prosecutor;         4,139        

      (d)  Direct the secretary of state or appropriate board of   4,141        

elections with the authority to certify a candidate to the ballot  4,142        

                                                          97     


                                                                 
to remove a candidate's name from the ballot if the candidate is   4,143        

barred from the ballot under division (D) of section 3517.1010 of  4,144        

the Revised Code.                                                               

      (2)  As used in division (A) of this section, "appropriate   4,147        

prosecutor" means a prosecutor as defined in section 2935.01 of    4,148        

the Revised Code and either of the following:                      4,149        

      (a)  In the case of a failure to comply with or a violation  4,152        

of law involving a campaign committee or the committee's           4,153        

candidate, a political party, a legislative campaign fund, a       4,154        

political action committee, or a political contributing entity,    4,155        

that is required to file a statement of contributions and          4,157        

expenditures with the secretary of state under division (A) of     4,158        

section 3517.11 of the Revised Code, the prosecutor of Franklin    4,159        

county;                                                                         

      (b)  In the case of a failure to comply with or a violation  4,162        

of law involving any other campaign committee or committee's       4,163        

candidate, or any other political party or political action        4,164        

committee, either of the following as determined by the                         

commission:                                                        4,165        

      (i)  The prosecutor of Franklin county;                      4,167        

      (ii)  The prosecutor of the county in which the candidacy    4,170        

or ballot question or issue is submitted to the electors or, if    4,171        

it is submitted in more than one county, the most populous of      4,172        

those counties.                                                                 

      (B)  If the commission decides that the evidence is          4,175        

insufficient for it to determine whether or not the failure to                  

act or the violation alleged in the complaint has occurred, the    4,177        

commission, by the affirmative vote of five members, may request   4,178        

that an investigatory attorney investigate the complaint.  Upon    4,179        

that request, an investigatory attorney shall make an                           

investigation in order to produce sufficient evidence for the      4,180        

commission to decide the matter.  If the commission requests an    4,182        

investigation under this division, for good cause shown by the                  

investigatory attorney, the commission may extend by sixty days    4,183        

                                                          98     


                                                                 
the deadline for holding its first hearing on the complaint as     4,185        

required in division (A) of this section.                          4,186        

      (C)  The commission shall take one of the actions required   4,189        

under division (A) of this section not later than thirty days      4,190        

after the close of all the evidence presented.                     4,191        

      (D)(1)  The commission shall make any finding of a failure   4,194        

to comply with or a violation of law in regard to a complaint      4,195        

that alleges a violation of division (D) of section 3517.1010,     4,196        

division (A) or (B) of section 3517.21, or division (A) or (B) of  4,197        

section 3517.22 of the Revised Code by clear and convincing        4,199        

evidence.  The commission shall make any finding of a failure to   4,200        

comply with or a violation of law in regard to any other           4,201        

complaint by a preponderance of the evidence.                      4,202        

      (2)  If the commission finds a violation of division (B) of  4,205        

section 3517.21 or division (B) of section 3517.22 of the Revised  4,206        

Code, it shall refer the matter to the appropriate prosecutor      4,207        

under division (A)(1)(c) of this section and shall not impose a    4,210        

fine under division (A)(1)(b) of this section or section 3517.993  4,212        

of the Revised Code.                                                            

      (E)  In an action before the commission or a panel of the    4,215        

commission, if the allegations of the complainant are not proved,  4,216        

and the commission takes the action described in division          4,217        

(A)(1)(a) of this section or a panel of the commission takes the   4,218        

action described in division (C)(1) of section 3517.156 of the     4,219        

Revised Code, the commission or a panel of the commission may      4,220        

find that the complaint is frivolous, and, if the commission or    4,221        

panel so finds, the commission shall order the complainant to pay  4,222        

reasonable attorney's fees and to pay the costs of the commission  4,224        

or panel as determined by a majority of the members of the         4,225        

commission.  The costs paid to the commission or panel under this  4,226        

division shall be deposited into the Ohio elections commission     4,227        

fund.                                                                           

      (F)  This is an interim section effective until January 1,   4,230        

2000.                                                                           

                                                          99     


                                                                 
      Sec. 3517.156.  (A)  If a complaint filed with the Ohio      4,240        

elections commission is to receive an expedited hearing pursuant   4,241        

to section 3517.154 of the Revised Code, a panel of at least       4,242        

three members of the commission shall hold a hearing on the        4,244        

complaint to determine whether there is probable cause to refer    4,245        

the matter to the full commission for a hearing under section      4,246        

3517.155 of the Revised Code.  Not more than one-half of the       4,247        

members of a panel shall be affiliated with the same political                  

party.  The chairman CHAIRPERSON of the commission shall call for  4,249        

the selection of a panel, as needed, and shall select the members               

of the panel by lot.                                               4,250        

      (B)(1)  Except as otherwise provided in section 3517.154 of  4,253        

the Revised Code and division DIVISIONS (B)(2) AND (3) of this     4,254        

section, the panel shall hold one expedited hearing on a           4,256        

complaint forwarded to it by the commission for an expedited       4,257        

hearing IN ACCORDANCE WITH THIS DIVISION.  IF A COMPLAINT IS       4,258        

FILED ON OR AFTER THE SIXTIETH DAY PRIOR TO A PRIMARY OR SPECIAL   4,259        

ELECTION OR ON OR AFTER THE NINETIETH DAY PRIOR TO THE GENERAL     4,260        

ELECTION, BUT NOT LATER THAN THE DAY OF THE PRIMARY, SPECIAL, OR                

GENERAL ELECTION TO WHICH THE COMPLAINT RELATES, THE HEARING       4,262        

SHALL BE HELD not later than two business days after the           4,264        

complaint DETERMINATION REQUIRED TO BE MADE UNDER DIVISION (A) OF  4,265        

SECTION 3517.154 OF THE REVISED CODE is filed MADE, unless the     4,266        

panel has good cause to hold the hearing after that time, in       4,267        

which case it shall hold the hearing not later than seven          4,268        

business days after the complaint THAT DETERMINATION is filed      4,269        

MADE.  All members of the panel shall be present before any        4,270        

official action may be taken, and a majority vote of the panel is  4,271        

required for any official action.                                  4,272        

      (2)  THE COMMISSION SHALL HOLD A HEARING ON A COMPLAINT      4,274        

THAT IS FILED PRIOR TO THE PERIODS OF TIME SPECIFIED IN DIVISION   4,275        

(B)(1) OF THIS SECTION, OR FILED AFTER THE DATE OF THE ELECTION    4,276        

TO WHICH THE COMPLAINT RELATES, AT THE TIMES SPECIFIED FOR         4,277        

HEARING COMPLAINTS IN SECTION 3517.155 OF THE REVISED CODE.                     

                                                          100    


                                                                 
      (3)  The deadlines provided for in division (B)(1) of this   4,280        

section may be extended by agreement of all parties to the         4,281        

complaint but shall not be extended beyond the deadlines provided  4,282        

for in division (A) of section 3517.155 of the Revised Code.       4,284        

      (C)  At the expedited hearing HELD UNDER DIVISION (B)(1) OF  4,286        

THIS SECTION, the panel shall make only one of the following       4,288        

determinations:                                                                 

      (1)  There is no probable cause to believe that the failure  4,291        

to comply with or the violation of a law alleged in the complaint  4,292        

has occurred.  If the panel so determines, it shall dismiss the    4,293        

complaint.                                                                      

      (2)  There is probable cause to believe that the failure to  4,296        

comply with or the violation of a law alleged in the complaint                  

has occurred.  If the panel so determines, it shall refer the      4,297        

complaint to the full commission, and the commission shall hold a  4,298        

hearing on the complaint under section 3517.155 of the Revised     4,300        

Code not later than ten days after the complaint is referred to    4,301        

it by the panel.                                                                

      (3)  The evidence is insufficient for the panel to make a    4,304        

determination under division (C)(1) or (2) of this section and     4,305        

further investigation of the complaint is necessary.  If the       4,306        

panel so determines, it immediately shall request that an          4,307        

investigatory attorney investigate the complaint, and an           4,308        

investigatory attorney shall make an investigation in order to     4,309        

produce sufficient evidence upon which to decide the matter.  If   4,310        

the panel requests that an investigatory attorney make an          4,311        

investigation, the complaint shall be referred to the full         4,312        

commission, and the commission shall hold a hearing on the                      

complaint under section 3517.155 of the Revised Code.              4,314        

      (D)  No panel of the commission shall impose a fine.         4,317        

      (E)  If the panel dismisses the complaint under division     4,320        

(C)(1) of this section, the person who made the complaint may      4,321        

petition the full commission to reconsider the dismissal at a      4,322        

hearing under section 3517.155 of the Revised Code.  A petition    4,323        

                                                          101    


                                                                 
for reconsideration shall be filed not later than two business     4,324        

days after the dismissal of the complaint.  The commission shall   4,326        

render its decision on the petition not later than three business  4,327        

days after receiving the petition.  If the petition for                         

reconsideration is granted, the commission shall hold a hearing    4,328        

on the complaint under section 3517.155 of the Revised Code not    4,330        

later than five business days after granting the petition.                      

      If the petition for reconsideration is not granted, the      4,332        

commission shall order the person who filed the complaint to pay   4,333        

reasonable attorney's fees and to pay the costs of the panel that  4,334        

dismissed the complaint as determined by a majority of the         4,335        

members of the commission.  The costs paid to the commission                    

under this division shall be deposited into the Ohio elections     4,336        

commission fund.                                                   4,337        

      (F)  As used in this section, "expedited hearing" includes   4,339        

an automatic expedited hearing as prescribed in section 3517.154   4,341        

of the Revised Code.                                                            

      Sec. 3517.992.  This section establishes penalties only      4,350        

with respect to acts or failures to act that occur on and after    4,352        

August 24, 1995.                                                   4,353        

      (A)(1)  A candidate whose campaign committee violates        4,356        

division (A), (B), (C), (D), or (V) of section 3517.13 of the      4,357        

Revised Code, or a treasurer of a campaign committee who violates  4,360        

any of those divisions, shall be fined not more than one hundred   4,361        

dollars for each day of violation.                                 4,362        

      (2)  Whoever violates division (E) of section 3517.13 of     4,365        

the Revised Code shall be fined not more than one hundred dollars  4,366        

for each day of violation.                                                      

      (B)  A political party that violates division (F)(1) of      4,369        

section 3517.101 of the Revised Code shall be fined not more than  4,370        

one hundred dollars for each day of violation.                     4,371        

      (C)  Whoever violates division (F)(2) of section 3517.101    4,374        

or division (G) of section 3517.13 of the Revised Code shall be    4,375        

fined not more than ten thousand dollars or, if the offender is a  4,376        

                                                          102    


                                                                 
person who was nominated or elected to public office, shall        4,378        

forfeit the nomination or the office to which the offender was                  

elected, or both.                                                  4,379        

      (D)  Whoever violates division (F) of section 3517.13 of     4,382        

the Revised Code shall be fined not more than three times the      4,383        

amount contributed.                                                             

      (E)  Whoever violates division (H) of section 3517.13 of     4,386        

the Revised Code shall be fined not more than one hundred          4,387        

dollars.                                                                        

      (F)  Whoever violates division (O), (P), or (Q) of section   4,390        

3517.13 of the Revised Code is guilty of a misdemeanor of the      4,391        

first degree.                                                      4,392        

      (G)  A state or county committee of a political party that   4,395        

violates division (B)(1) of section 3517.18 of the Revised Code    4,396        

shall be fined not more than twice the amount of the improper      4,397        

expenditure.                                                                    

      (H)  A state or county political party that violates         4,400        

division (G) of section 3517.101 of the Revised Code shall be      4,401        

fined not more than twice the amount of the improper expenditure   4,402        

or use.                                                                         

      (I)(1)  Any individual who violates division (B)(1) of       4,405        

section 3517.102 of the Revised Code and knows that the            4,406        

contribution the individual makes violates that division shall be  4,408        

fined an amount equal to three times the amount contributed in     4,409        

excess of the amount permitted by that division.                   4,410        

      (2)  Any political action committee that violates division   4,413        

(B)(2) of section 3517.102 of the Revised Code shall be fined an   4,414        

amount equal to three times the amount contributed in excess of    4,415        

the amount permitted by that division.                             4,416        

      (3)  Any campaign committee that violates division (B)(3)    4,419        

or (5) of section 3517.102 of the Revised Code shall be fined an   4,421        

amount equal to three times the amount contributed in excess of    4,423        

the amount permitted by that division.                                          

      (4)(a)  Any legislative campaign fund that violates          4,425        

                                                          103    


                                                                 
division (B)(6) of section 3517.102 of the Revised Code, and any   4,427        

state political party, county political party, or state candidate  4,428        

fund of a state political party or county political party that     4,429        

violates division (B)(6) of that section, shall be fined an        4,430        

amount equal to three times the amount TRANSFERRED OR contributed  4,431        

in excess of the amount permitted by those divisions THAT          4,432        

DIVISION, as applicable.                                                        

      (b)  ANY STATE POLITICAL PARTY, COUNTY POLITICAL PARTY, OR   4,434        

STATE CANDIDATE FUND OF A STATE POLITICAL PARTY OR COUNTY          4,435        

POLITICAL PARTY THAT VIOLATES DIVISION (B)(6) OF SECTION 3517.102  4,436        

OF THE REVISED CODE SHALL BE FINED AN AMOUNT EQUAL TO THREE TIMES  4,437        

THE AMOUNT TRANSFERRED OR CONTRIBUTED IN EXCESS OF THE AMOUNT      4,438        

PERMITTED BY THAT DIVISION, AS APPLICABLE.                         4,439        

      (5)(c)  Any political contributing entity that violates      4,441        

division (B)(7) of section 3517.102 of the Revised Code shall be   4,445        

fined an amount equal to three times the amount contributed in     4,446        

excess of the amount permitted by that division.                   4,447        

      (5)  ANY POLITICAL PARTY THAT VIOLATES DIVISION (B)(4) OF    4,449        

SECTION 3517.102 OF THE REVISED CODE SHALL BE FINED AN AMOUNT      4,451        

EQUAL TO THREE TIMES THE AMOUNT CONTRIBUTED IN EXCESS OF THE                    

AMOUNT PERMITTED BY THAT DIVISION.                                 4,452        

      (6)  Notwithstanding divisions (J)(I)(1), (2), (3), (4),     4,455        

and (5) of this section, no fine shall be imposed VIOLATION OF                  

DIVISION (B) OF SECTION 3517.102 OF THE REVISED CODE OCCURS, AND   4,457        

THE SECRETARY OF STATE SHALL NOT REFER PARTIES TO THE OHIO         4,458        

ELECTIONS COMMISSION, if the excess amount TRANSFERRED OR          4,459        

contributed IN EXCESS OF THE AMOUNT PERMITTED BY THAT DIVISION     4,460        

meets either of the following conditions:                          4,461        

      (a)  It is completely refunded within five business days     4,463        

after it is accepted.                                              4,464        

      (b)  It is less than or equal to the amount permitted under  4,466        

division (I)(1), (2), (3), (4), or (5) of this section, whichever  4,468        

is applicable, and the excess is completely refunded within ten    4,469        

ON OR BEFORE THE TENTH business days DAY after notification to     4,470        

                                                          104    


                                                                 
the recipient of the EXCESS TRANSFER OR contribution by the board  4,471        

of elections or the secretary of state that a TRANSFER OR          4,472        

contribution in excess of the permitted amount has been received.  4,474        

      (J)(1)  Any campaign committee that violates division        4,476        

(C)(1), (2), (3), or (6) of section 3517.102 of the Revised Code   4,478        

shall be fined an amount equal to three times the amount accepted  4,479        

in excess of the amount permitted by that division.                             

      (2)  Any state or county political party that violates       4,481        

division (C)(4) of section 3517.102 of the Revised Code shall be   4,483        

fined an amount from its state candidate fund equal to three       4,485        

times the amount accepted in excess of the amount permitted by     4,486        

that division.                                                                  

      (3)  Any legislative campaign fund that violates division    4,489        

(C)(5) of section 3517.102 of the Revised Code shall be fined an   4,490        

amount equal to three times the amount accepted in excess of the   4,491        

amount permitted by that division.                                 4,492        

      (4)  Any political action committee or political             4,494        

contributing entity that violates division (C)(7) of section       4,498        

3517.102 of the Revised Code shall be fined an amount equal to     4,500        

three times the amount accepted in excess of the amount permitted  4,502        

by that division.                                                               

      (5)  Notwithstanding divisions (J)(1), (2), (3), and (4) of  4,504        

this section, no fine shall be imposed VIOLATION OF DIVISION (C)   4,506        

OF SECTION 3517.102 OF THE REVISED CODE OCCURS, AND THE SECRETARY  4,507        

OF STATE SHALL NOT REFER PARTIES TO THE OHIO ELECTIONS             4,508        

COMMISSION, if the AMOUNT TRANSFERRED OR CONTRIBUTED IN excess OF  4,509        

THE AMOUNT PERMITTED TO BE accepted BY THAT DIVISION meets either  4,511        

of the following conditions:                                                    

      (a)  It is completely refunded within five business days     4,513        

after its acceptance.                                                           

      (b)  It is less than or equal to the amount permitted under  4,515        

division (J)(1), (2), (3), or (4), whichever is applicable, and    4,517        

the excess is completely refunded within ten ON OR BEFORE THE      4,518        

TENTH business days DAY after notification to the recipient of     4,519        

                                                          105    


                                                                 
the EXCESS TRANSFER OR contribution by the board of elections or   4,521        

the secretary of state that a TRANSFER OR contribution in excess   4,522        

of the permitted amount has been received.                         4,523        

      (K)(1)  Any campaign committee or legislative campaign fund  4,525        

that violates division (F)(1) of section 3517.102 of the Revised   4,527        

Code shall be fined twenty-five dollars for each day of            4,529        

violation.                                                                      

      (2)  Any campaign committee or legislative campaign fund     4,531        

that violates division (F)(2) of section 3517.102 of the Revised   4,533        

Code shall give to the treasurer of state for deposit into the     4,534        

state treasury to the credit of the Ohio elections commission      4,535        

fund all excess contributions not disposed of as required by       4,537        

division (E) of section 3517.102 of the Revised Code.              4,538        

      (L)  Whoever violates section 3517.105 of the Revised Code   4,541        

shall be fined one thousand dollars.                               4,542        

      (M)(1)  Whoever solicits a contribution in violation of      4,544        

section 3517.092 or violates division (B) of section 3517.09 of    4,545        

the Revised Code is guilty of a misdemeanor of the first degree.   4,547        

      (2)  Whoever knowingly accepts a contribution in violation   4,549        

of division (B) or (C) of section 3517.092 of the Revised Code     4,551        

shall be fined an amount equal to three times the amount accepted  4,553        

in violation of either of those divisions and shall return to the  4,555        

contributor any amount so accepted.  Whoever unknowingly accepts   4,557        

a contribution in violation of division (B) or (C) of section      4,558        

3517.092 of the Revised Code shall return to the contributor any   4,559        

amount so accepted.                                                4,560        

      (N)  Whoever violates division (S) of section 3517.13 of     4,563        

the Revised Code shall be fined an amount equal to three times     4,564        

the amount of funds transferred or three times the value of the    4,565        

assets transferred in violation of that division.                  4,566        

      (O)  Any campaign committee that accepts a contribution or   4,568        

contributions in violation of section 3517.108 of the Revised      4,570        

Code, uses a contribution in violation of that section, or fails   4,572        

to dispose of excess contributions in violation of that section    4,573        

                                                          106    


                                                                 
shall be fined an amount equal to three times the amount           4,574        

accepted, used, or kept in violation of that section.                           

      (P)  Any political party, state candidate fund, legislative  4,576        

candidate fund, or campaign committee that violates division (T)   4,579        

of section 3517.13 of the Revised Code shall be fined an amount    4,581        

equal to three times the amount contributed or accepted in         4,583        

violation of that section.                                                      

      (Q)  A treasurer of a committee or another person who        4,586        

violates division (U) of section 3517.13 of the Revised Code       4,587        

shall be fined not more than two hundred fifty dollars.            4,588        

      (R)  Whoever violates division (I) or (J) of section         4,591        

3517.13 of the Revised Code shall be fined not more than one       4,592        

thousand dollars.  Whenever a person is found guilty of violating  4,593        

division (I) or (J) of section 3517.13 of the Revised Code, the    4,595        

contract awarded in violation of either of those divisions shall   4,596        

be rescinded if its terms have not yet been performed.             4,597        

      (S)  A candidate whose campaign committee violates or a      4,600        

treasurer of a campaign committee who violates section 3517.081,   4,601        

and a candidate whose campaign committee violates, or a treasurer  4,602        

of a campaign committee, or another person who violates, division  4,603        

(C) of section 3517.10 of the Revised Code, shall be fined not     4,604        

more than five hundred dollars.                                    4,605        

      (T)  A candidate whose campaign committee violates or a      4,608        

treasurer of a committee who violates division (B), or a           4,609        

candidate whose campaign committee violates, a treasurer of a      4,610        

committee, or another person who violates division (C), of         4,611        

section 3517.09 of the Revised Code shall be fined not more than   4,613        

one thousand dollars.                                                           

      (U)  Whoever violates section 3517.20 of the Revised Code    4,616        

shall be fined not more than five hundred dollars.                 4,617        

      (V)  Whoever violates section 3517.21 or 3517.22 of the      4,620        

Revised Code shall be imprisoned for not more than six months or   4,621        

fined not more than five thousand dollars, or both.                4,622        

      (W)  A campaign committee that is required to file a         4,625        

                                                          107    


                                                                 
declaration of no limits under division (D)(2) of section          4,627        

3517.103 of the Revised Code that, before filing that              4,628        

declaration, accepts a contribution or contributions that exceed   4,629        

the limitations prescribed in section 3517.102 of the Revised      4,631        

Code, shall return that contribution or those contributions to     4,632        

the contributor.                                                                

      This is an interim section effective until January 1, 2000.  4,634        

      (X)  ANY CAMPAIGN COMMITTEE THAT FAILS TO FILE THE           4,636        

DECLARATION OF FILING-DAY FINANCES REQUIRED BY DIVISION (F) OF     4,637        

SECTION 3517.109 OR THE DECLARATION OF PRIMARY-DAY FINANCES OR     4,638        

DECLARATION OF YEAR-END FINANCES REQUIRED BY DIVISION (E) OF       4,639        

SECTION 3517.1010 OF THE REVISED CODE SHALL BE FINED TWENTY-FIVE   4,640        

DOLLARS FOR EACH DAY OF VIOLATION.                                 4,641        

      (Y)  ANY CAMPAIGN COMMITTEE THAT FAILS TO DISPOSE OF EXCESS  4,643        

FUNDS OR EXCESS AGGREGATE CONTRIBUTIONS UNDER DIVISION (B) OF      4,644        

SECTION 3517.109 OF THE REVISED CODE IN THE MANNER REQUIRED BY     4,645        

DIVISION (C) OF THAT SECTION OR UNDER DIVISION (B) OF SECTION      4,646        

3517.1010 OF THE REVISED CODE IN THE MANNER REQUIRED BY DIVISION   4,647        

(C) OF THAT SECTION SHALL GIVE TO THE TREASURER OF STATE FOR       4,648        

DEPOSIT INTO THE OHIO ELECTIONS COMMISSION FUND CREATED UNDER      4,649        

DIVISION (E)(2)(b) OF SECTION 3517.102 OF THE REVISED CODE ALL     4,652        

FUNDS NOT DISPOSED OF PURSUANT TO THOSE DIVISIONS.                              

      (Z)  ANY INDIVIDUAL, CAMPAIGN COMMITTEE, POLITICAL ACTION    4,654        

COMMITTEE, POLITICAL CONTRIBUTING ENTITY, LEGISLATIVE CAMPAIGN     4,655        

FUND, POLITICAL PARTY, OR OTHER ENTITY THAT VIOLATES ANY           4,657        

PROVISION OF SECTIONS 3517.09 TO 3517.12 OF THE REVISED CODE FOR   4,658        

WHICH NO PENALTY IS PROVIDED FOR UNDER ANY OTHER DIVISION OF THIS  4,659        

SECTION SHALL BE FINED NOT MORE THAN ONE THOUSAND DOLLARS.         4,660        

      (AA)(1)  WHOEVER KNOWINGLY VIOLATES DIVISION (W)(1) OF       4,662        

SECTION 3517.13 OF THE REVISED CODE SHALL BE FINED AN AMOUNT       4,664        

EQUAL TO THREE TIMES THE AMOUNT CONTRIBUTED, EXPENDED, OR          4,666        

PROMISED IN VIOLATION OF THAT DIVISION OR TEN THOUSAND DOLLARS,    4,667        

WHICHEVER AMOUNT IS GREATER.                                       4,668        

      (2)  WHOEVER KNOWINGLY VIOLATES DIVISION (W)(2) OF SECTION   4,670        

                                                          108    


                                                                 
3517.13 OF THE REVISED CODE SHALL BE FINED AN AMOUNT EQUAL TO      4,671        

THREE TIMES THE AMOUNT SOLICITED OR ACCEPTED IN VIOLATION OF THAT  4,672        

DIVISION OR TEN THOUSAND DOLLARS, WHICHEVER AMOUNT IS GREATER.     4,673        

      Sec. 3517.993.  This section authorizes the establishment    4,682        

of fines that may be imposed only with respect to acts or          4,683        

failures to act that occur on and after the effective date of      4,684        

this section AUGUST 24, 1995.                                      4,685        

      (A)  Except as otherwise provided in division (D)(2) of      4,688        

section 3517.155 of the Revised Code, the Ohio elections                        

commission may impose administrative fines under division          4,689        

(A)(1)(b) of section 3517.155 of the Revised Code in accordance    4,691        

with the amounts set forth under section SECTIONS 3517.992,        4,692        

3599.03, AND 3599.031 of the Revised Code.                         4,693        

      (B)  The commission may suspend all or part of a fine it     4,696        

imposes under this section upon whatever terms and conditions the  4,697        

commission considers just.                                                      

      (C)(1)  The commission shall consider any of the following   4,700        

circumstances in determining whether to impose a maximum fine      4,701        

under this section:                                                             

      (a)  Whether the violator has been found guilty of any       4,704        

other violation of Title XXXV of the Revised Code;                              

      (b)  Whether the violation was made knowingly or purposely;  4,706        

      (c)  Whether any relevant statements, addenda, or            4,709        

affidavits required to be filed have not been filed;                            

      (d)  Whether the violator has any outstanding fines imposed  4,712        

for a violation of Title XXXV of the Revised Code;                 4,713        

      (e)  Whether the violation occurred during the course of a   4,716        

campaign.                                                                       

      (2)  The commission shall consider any of the following      4,718        

circumstances in determining whether to impose a minimal fine or   4,720        

no fine under this section:                                        4,721        

      (a)  Whether the violator previously has not been found      4,724        

guilty of any other violation of Title XXXV of the Revised Code;   4,725        

      (b)  Whether the violator has promptly corrected his THE     4,728        

                                                          109    


                                                                 
VIOLATOR'S violation;                                                           

      (c)  Whether the nature and circumstances of the violation   4,731        

merit a minimum fine;                                                           

      (d)  Whether there are substantial grounds tending to        4,734        

excuse or justify the violation, although failing to establish a   4,735        

defense to the violation;                                                       

      (e)  Whether the violation was not purposely committed.      4,737        

      (3)  The circumstances set forth in divisions (C)(1) and     4,740        

(2) of this section shall be considered by, but shall not control  4,741        

the decision of, the commission in imposing a fine.                4,742        

      (D)  Fines imposed by the commission under this section      4,744        

shall be paid into the Ohio elections commission fund.             4,745        

      Section 2.   That existing sections 3517.10, 3517.102,       4,747        

3517.103, 3517.105, 3517.106, 3517.109, 3517.1010, 3517.11,        4,748        

3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.156,         4,749        

3517.992, and 3517.993 of the Revised Code are hereby repealed.    4,750        

      Section 3.  The versions of sections 3517.10, 3517.102,      4,752        

3517.103, 3517.154, 3517.155, and 3517.992 of the Revised Code     4,753        

that are scheduled to take effect January 1, 2000, are hereby      4,754        

repealed.  This repeal is intended to permit continued operation   4,755        

of sections 3517.10, 3517.102, 3517.103, 3517.154, 3517.155, and   4,756        

3517.992 of the Revised Code as they result from Sections 1 and 2  4,757        

of this act.                                                                    

      Section 4.  That Section 7 of Am. Sub. S.B. 116 of the       4,759        

122nd General Assembly is hereby repealed.  The intent of this     4,760        

section is to remove the limitation imposed by the repeal of       4,761        

section 3517.1010 of the Revised Code in Section 7 of that act     4,762        

upon the continued existence of section 3517.1010 of the Revised   4,763        

Code on and after the effective date of this act.  The intent of   4,765        

this section is not affected by the rule of construction                        

contained in section 1.57 of the Revised Code.                     4,766        

      Section 5.  This act is hereby declared to be an emergency   4,768        

measure necessary for the immediate preservation of the public     4,769        

peace, health, and safety.  The reason for the necessity is that   4,770        

                                                          110    


                                                                 
immediate action is required in order to maintain current          4,771        

provisions of the campaign finance law enacted by Am. Sub. S.B.    4,772        

116 of the 122nd General Assembly pertaining to the use of         4,773        

personal funds and carry-in contribution limits that otherwise     4,774        

will be repealed on January 1, 2000, if this act does not take     4,775        

effect immediately.  Therefore, this act shall go into immediate   4,776        

effect.