Section 1. That sections 102.03, 2921.01, 2921.43, 3501.38, | 12 |
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, 3517.082, | 13 |
3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, | 14 |
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, | 15 |
3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20, | 16 |
3517.23, 3517.992, and 3599.031 be amended and new section 3599.03 | 17 |
and sections 3501.381, 3517.1011, 3517.1012, and 3599.111 of the | 18 |
Revised Code be enacted to read as follows: | 19 |
Sec. 102.03. (A)(1) No present or former public official
or | 20 |
employee shall, during public employment or service or for
twelve | 21 |
months thereafter, represent a client or act in a
representative | 22 |
capacity for any person on any matter in which the
public
official | 23 |
or employee personally participated as a public
official or | 24 |
employee
through decision, approval, disapproval,
recommendation, | 25 |
the rendering of
advice, investigation, or other
substantial | 26 |
exercise of administrative
discretion. | 27 |
(3) For twenty-four months after the conclusion of
employment | 34 |
or service, no former public official or employee who
personally | 35 |
participated as a public official or employee through
decision, | 36 |
approval, disapproval, recommendation, the rendering of
advice, | 37 |
the development or adoption of solid waste management
plans, | 38 |
investigation, inspection, or other substantial exercise
of | 39 |
administrative discretion under Chapter 343. or 3734. of the | 40 |
Revised Code shall represent a person who is the owner or
operator | 41 |
of a facility, as defined in section 3734.01 of the
Revised Code, | 42 |
or who is an applicant for a permit or license for
a facility | 43 |
under that chapter, on any matter in which the public official or | 44 |
employee personally participated as a public official or employee. | 45 |
(4) For a period of one year after the conclusion of | 46 |
employment or service as a member or employee of the general | 47 |
assembly, no former member or employee of the general assembly | 48 |
shall represent, or act in a representative capacity for, any | 49 |
person on any matter before the general assembly, any committee
of | 50 |
the general assembly, or the controlling board. Division
(A)(4)
of | 51 |
this section does not apply to or affect a person who
separates | 52 |
from service with the general assembly on or before
December 31, | 53 |
1995. As used in division (A)(4) of this section
"person" does
not | 54 |
include any state agency or political
subdivision of the
state. | 55 |
(5) As used in divisions (A)(1), (2), and (3) of this | 56 |
section, "matter" includes any case, proceeding, application, | 57 |
determination, issue, or question, but does not include the | 58 |
proposal, consideration, or enactment of statutes, rules, | 59 |
ordinances, resolutions, or charter or constitutional amendments. | 60 |
As used in division (A)(4) of this section, "matter" includes the | 61 |
proposal, consideration, or enactment of statutes, resolutions,
or | 62 |
constitutional amendments. As used in division (A) of this | 63 |
section, "represent" includes any formal or informal appearance | 64 |
before, or any written or oral communication with, any public | 65 |
agency on behalf of any person. | 66 |
(B) No present or former public official or employee shall | 78 |
disclose or use, without appropriate authorization, any | 79 |
information acquired by the public official or employee in the | 80 |
course of the public official's or employee's official duties
that | 81 |
is confidential because of statutory provisions, or that
has been | 82 |
clearly designated to the public official or employee as | 83 |
confidential when that
confidential designation is warranted | 84 |
because of the status of
the proceedings or the circumstances | 85 |
under which the information
was received and preserving its | 86 |
confidentiality is necessary to
the proper conduct of government | 87 |
business. | 88 |
(C) No public official or employee shall participate
within | 89 |
the scope of duties as a public official or employee,
except | 90 |
through ministerial functions as defined in division (A)
of this | 91 |
section, in any license or rate-making proceeding that
directly | 92 |
affects the license or rates of any person, partnership,
trust, | 93 |
business trust, corporation, or association in which the
public | 94 |
official or employee or immediate family owns or
controls more | 95 |
than five per cent. No public official or employee
shall | 96 |
participate within the scope of duties as a public
official or | 97 |
employee, except through ministerial functions as
defined in | 98 |
division (A) of this section, in any license or
rate-making | 99 |
proceeding that directly affects the license or rates
of any | 100 |
person to whom the public official or employee or
immediate | 101 |
family, or a partnership, trust, business trust,
corporation, or | 102 |
association of which the public official or employee
or the public | 103 |
official's or employee's immediate family
owns or controls more | 104 |
than five per cent, has sold goods or
services totaling more than | 105 |
one thousand dollars during the
preceding year, unless the public | 106 |
official or employee has filed
a written statement acknowledging | 107 |
that sale with the clerk or
secretary of the public agency and the | 108 |
statement is entered in
any public record of the agency's | 109 |
proceedings. This division
shall not be construed to require the | 110 |
disclosure of clients of
attorneys or persons licensed under | 111 |
section 4732.12 or 4732.15 of
the Revised Code, or patients of | 112 |
persons certified under section
4731.14 of the Revised Code. | 113 |
(H)(1) No public official or employee, except for the | 140 |
president
or other chief administrative officer of or a member of | 141 |
a board of
trustees of a state institution of higher education as | 142 |
defined in
section 3345.011 of the Revised Code, who
is required | 143 |
to file a
financial disclosure statement under section 102.02 of | 144 |
the Revised
Code shall solicit or accept, and no person shall
give | 145 |
to that
public official or employee, an honorarium.
Except as | 146 |
provided in division (H)(2) of this section, this division and | 147 |
divisions (D), (E), and (F) of this section do not
prohibit a | 148 |
public official or employee who is required to file a
financial | 149 |
disclosure statement under section 102.02 of the
Revised Code from | 150 |
accepting and do not prohibit a person from
giving to that public | 151 |
official or employee the payment of actual
travel expenses, | 152 |
including any expenses incurred in connection
with the travel for | 153 |
lodging, and meals, food, and beverages
provided to the public | 154 |
official or employee at a meeting at which
the public official or | 155 |
employee participates in a panel, seminar,
or speaking engagement | 156 |
or provided to the public official or
employee at a meeting or | 157 |
convention of a national organization to
which
any
state
agency, | 158 |
including, but not limited to, any state legislative
agency
or | 159 |
state institution of higher education as defined in
section | 160 |
3345.011 of the Revised Code, pays membership dues. Except as | 161 |
provided in division (H)(2) of this section, this
division
and | 162 |
divisions (D), (E), and (F) of this section do not
prohibit a | 163 |
public official or employee who is not required to
file
a | 164 |
financial disclosure statement under section 102.02 of the
Revised | 165 |
Code from accepting and do not prohibit a person from
promising or | 166 |
giving to that public official or employee an
honorarium or the | 167 |
payment of travel, meal, and lodging expenses
if
the honorarium, | 168 |
expenses, or both were paid in
recognition of
demonstrable | 169 |
business, professional, or esthetic
interests of the
public | 170 |
official or employee that exist apart
from public office or | 171 |
employment, including, but not limited
to, such a demonstrable | 172 |
interest in public speaking and were not
paid by any person or | 173 |
other entity, or by any representative or
association of those | 174 |
persons or entities, that is regulated by,
doing business with, or | 175 |
seeking to do business with the
department, division, institution, | 176 |
board, commission, authority,
bureau, or other instrumentality of | 177 |
the governmental entity with
which the public official or employee | 178 |
serves. | 179 |
(2) No person who is a member of the board of a state | 180 |
retirement system, a state retirement system investment officer, | 181 |
or an employee of a state retirement system whose position | 182 |
involves substantial and material exercise of discretion in the | 183 |
investment of retirement system funds shall solicit or accept, and | 184 |
no person shall give to that board member, officer, or employee, | 185 |
payment of actual travel expenses, including expenses incurred | 186 |
with the travel for lodging, meals, food, and beverages. | 187 |
(I) A public official or employee may accept travel,
meals, | 188 |
and lodging or expenses or reimbursement of expenses for
travel, | 189 |
meals, and lodging in connection with conferences,
seminars, and | 190 |
similar events related to official duties if
the travel, meals, | 191 |
and lodging, expenses, or reimbursement is not
of such a character | 192 |
as to manifest a substantial and improper
influence upon the | 193 |
public official or employee with respect to
that person's duties. | 194 |
The house of
representatives and senate, in their code of ethics, | 195 |
and the Ohio
ethics commission, under section 111.15 of the | 196 |
Revised Code, may
adopt rules setting standards and conditions for | 197 |
the furnishing
and acceptance of such travel, meals, and lodging, | 198 |
expenses, or
reimbursement. | 199 |
(J) For purposes of divisions (D), (E), and (F) of this | 207 |
section, the membership of a public official or employee in an | 208 |
organization shall not be considered, in and of itself, to be of | 209 |
such a character as to manifest a substantial and improper | 210 |
influence on the public official or employee with respect to
that | 211 |
person's duties. As used in this
division, "organization" means a | 212 |
church or a religious,
benevolent, fraternal, or professional | 213 |
organization that is tax
exempt under subsection 501(a) and | 214 |
described in subsection
501(c)(3), (4), (8), (10), or (19) of the | 215 |
"Internal Revenue Code
of 1986." This division does not apply to
a | 216 |
public official or
employee who is an employee of an
organization, | 217 |
serves as a
trustee, director, or officer of an
organization, or | 218 |
otherwise
holds a fiduciary relationship with an
organization. | 219 |
This
division does not allow a public official or
employee who is | 220 |
a
member of an organization to participate,
formally or | 221 |
informally,
in deliberations, discussions, or voting
on a matter | 222 |
or to use
his official position with regard to the
interests of | 223 |
the
organization on the matter if the public official
or employee | 224 |
has
assumed a particular
responsibility in the
organization with | 225 |
respect to the matter or
if the matter would
affect that person's | 226 |
personal, pecuniary
interests. | 227 |
(K) It is not a violation of this section for a
prosecuting | 228 |
attorney to appoint assistants and employees in
accordance with | 229 |
division (B) of section 309.06 and section 2921.421 of the
Revised | 230 |
Code, for a chief legal officer of a municipal corporation or
an | 231 |
official designated as prosecutor in a municipal corporation
to | 232 |
appoint assistants and employees in accordance with sections | 233 |
733.621 and 2921.421 of the Revised Code, for a township law | 234 |
director appointed under section 504.15 of the Revised Code to | 235 |
appoint
assistants and
employees in accordance with sections | 236 |
504.151 and 2921.421 of the Revised
Code, or for a coroner to | 237 |
appoint assistants and employees in
accordance with division (B) | 238 |
of section 313.05 of the Revised Code. | 239 |
(3) A person who is a candidate for public office, whether or | 253 |
not the person is elected or appointed to the office for which the | 254 |
person is a candidate. A person is a candidate for purposes of | 255 |
this division if the person has been nominated according to law | 256 |
for election or appointment to public office, or if the person has | 257 |
filed a petition or petitions as required by law to have the | 258 |
person's name placed on the ballot in a primary, general, or | 259 |
special election, or if the person campaigns as a write-in | 260 |
candidate in any primary, general, or special election. | 261 |
(E) "Detention" means arrest; confinement in any vehicle | 273 |
subsequent to an arrest; confinement in any public or private | 274 |
facility for custody of persons charged with or convicted of crime | 275 |
in this state or another state or under the laws of the United | 276 |
States or alleged or found to be a delinquent child or unruly | 277 |
child in this state or another state or under the laws of the | 278 |
United States; hospitalization, institutionalization, or | 279 |
confinement in any public or private facility that is ordered | 280 |
pursuant to or under the authority of section 2945.37, 2945.371, | 281 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 282 |
Code; confinement in any vehicle for transportation to or from any | 283 |
facility of any of those natures; detention for extradition or | 284 |
deportation; except as provided in this division, supervision by | 285 |
any employee of any facility of any of those natures that is | 286 |
incidental to hospitalization, institutionalization, or | 287 |
confinement in the facility but that occurs outside the facility; | 288 |
supervision by an employee of the department of rehabilitation and | 289 |
correction of a person on any type of release from a state | 290 |
correctional institution; or confinement in any vehicle, airplane, | 291 |
or place while being returned from outside of this state into this | 292 |
state by a private person or entity pursuant to a contract entered | 293 |
into under division (E) of section 311.29 of the Revised Code or | 294 |
division (B) of section 5149.03 of the Revised Code. For a person | 295 |
confined in a county jail who participates in a county jail | 296 |
industry program pursuant to section 5147.30 of the Revised Code, | 297 |
"detention" includes time spent at an assigned work site and going | 298 |
to and from the work site. | 299 |
(E)(1) On each petition paper, the circulator shall indicate | 390 |
the number of signatures contained
on it, and shall sign a | 391 |
statement made under penalty of election falsification that
the | 392 |
circulator witnessed the affixing of every signature, that all | 393 |
signers
were to the best of
the circulator's knowledge and
belief | 394 |
qualified to sign, and that every signature is to the best
of
the | 395 |
circulator's knowledge and belief the signature of the
person | 396 |
whose
signature it purports to be. On the circulator's statement | 397 |
for a declaration of candidacy, nominating petition, or | 398 |
declaration of intent to be a write-in candidate for a person | 399 |
seeking to become a statewide candidate or for a statewide | 400 |
initiative or a statewide referendum petition, the circulator | 401 |
shall identify the name and address of the person employing the | 402 |
circulator to circulate the petition, if any. | 403 |
(L) If a board of elections distributes for use a petition | 434 |
form for a declaration of candidacy, nominating petition, | 435 |
declaration of intent to be a write-in candidate, or any type of | 436 |
question or issue petition that does not satisfy the requirements | 437 |
of law as of the date of that distribution, the board shall not | 438 |
invalidate the petition on the basis that the petition form does | 439 |
not satisfy the requirements of law, if the petition otherwise is | 440 |
valid. Division (L) of this section applies only if the candidate | 441 |
received the petition from the board within ninety days of when | 442 |
the petition is required to be filed. | 443 |
Sec. 3501.381. (A)(1) Any person who will receive | 444 |
compensation for supervising, managing, or otherwise organizing | 445 |
any effort to obtain signatures for a declaration of candidacy, | 446 |
nominating petition, or declaration of intent to be a write-in | 447 |
candidate for a person seeking to become a statewide candidate or | 448 |
for a statewide initiative petition or a statewide referendum | 449 |
petition shall file a statement to that effect with the office of | 450 |
the secretary of state before any signatures are obtained for the | 451 |
petition or before the person is engaged to supervise, manage, or | 452 |
otherwise organize the effort to obtain signatures for the | 453 |
petition, whichever is later. | 454 |
(2) Any person who will compensate a person for supervising, | 455 |
managing, or otherwise organizing any effort to obtain signatures | 456 |
for a declaration of candidacy, nominating petition, or | 457 |
declaration of intent to be a write-in candidate for a person | 458 |
seeking to become a statewide candidate or for a statewide | 459 |
initiative or a statewide referendum petition shall file a | 460 |
statement to that effect with the office of the secretary of state | 461 |
before any signatures are obtained for the petition or before the | 462 |
person engages a person to supervise, manage, or otherwise | 463 |
organize the effort to obtain signatures for the petition, | 464 |
whichever is later. | 465 |
Sec. 3503.14. (A) The secretary of state shall prescribe the | 478 |
form and content of the registration and change of residence and | 479 |
change of name form used in this state. The form shall set forth | 480 |
the eligibility requirements needed to qualify as an elector and | 481 |
meet the requirements of the National Voter Registration Act of | 482 |
1993. The form shall include a space on which the person | 483 |
registering an applicant shall sign the person's name and a space | 484 |
on which the person registering an applicant shall name the | 485 |
employer who is employing that person to register the applicant. | 486 |
No election official or employee of a designated agency who is | 487 |
registering an applicant shall be required to sign the election | 488 |
official's or employee's name or to name the employer who is | 489 |
employing the election official or employee to register an | 490 |
applicant on a form prepared under this section. | 491 |
(B) Any applicant who is unable to sign histhe applicant's | 492 |
own name
shall make an
"X," if possible, which shall be certified | 493 |
by the signing of the
name of the applicant by the person filling | 494 |
out the registration
form, who shall add histhe person's own | 495 |
signature. If an
applicant is unable
to make an "X," hethe | 496 |
applicant shall indicate in some manner
that hethe applicant | 497 |
desires
to register to vote or to change histhe applicant's name | 498 |
or
residence. The
person registering such anthe applicant shall | 499 |
sign the form and
attest that the applicant indicated that hethe | 500 |
applicant
desired to register
to vote or to change histhe | 501 |
applicant's name or residence. | 502 |
I, ........................... (Name of Candidate), the | 520 |
undersigned, hereby declare under penalty of election | 521 |
falsification that my voting residence is in ............... | 522 |
precinct of the ............................. (Township) or
(Ward | 523 |
and City or Village) in the county of ................,
Ohio; that | 524 |
my voting residence is
............... (Street and
Number, if any, | 525 |
or Rural Route and Number) of the
............................. | 526 |
(City or Village) of .................,
Ohio; and that I am a | 527 |
qualified
elector in the precinct in which my voting residence is | 528 |
located. I am a
member of the ........ Party. I hereby declare | 529 |
that I
desire to be .................... (a candidate for | 530 |
nomination as
a candidate of
the Party for election to
the office | 531 |
of .............) (a candidate for election to the
office or | 532 |
position of ..............) for the ............ in the
state, | 533 |
district, (Full term or unexpired term ending
...............) | 534 |
county, city, or village of ...................,
at the primary | 535 |
election to be held on the ............. day of
........., ...., | 536 |
and I hereby request that my name be printed upon
the official | 537 |
primary election ballot of the said .......... Party
as a | 538 |
candidate for ......... (such nomination) or (such election)
as | 539 |
provided by law. | 540 |
We, the undersigned, qualified electors of the state of
Ohio, | 550 |
whose voting residence is in the county, city, village,
ward, | 551 |
township, or school district, and precinct set opposite our
names, | 552 |
and members of the .......................................
Party, | 553 |
hereby certify that ............................ (Name of | 554 |
candidate) whose declaration of candidacy is filed herewith, is
a | 555 |
member of the ............ Party, and is, in our opinion, well | 556 |
qualified to perform the duties of the office or position to
which | 557 |
that candidate desires to be elected. | 558 |
....................................... (Name of circulator | 566 |
of petition), declares under penalty of election falsification | 567 |
that the circulator of the petition is a qualified elector of the | 568 |
state of Ohio and resides at
the address appearing below the | 569 |
signature of that
circulator; that the circulator is a
member of | 570 |
the ........... Party; that the circulator is the
circulator
of | 571 |
the
foregoing petition paper containing ............. (Number) | 572 |
signatures; that the circulator witnessed the affixing of every | 573 |
signature;
that all signers were to the best of the circulator's | 574 |
knowledge and
belief
qualified to sign; and that every signature | 575 |
is to the best of the
circulator's
knowledge and belief the | 576 |
signature of the person whose signature
it purports to be. | 577 |
Sec. 3513.261. A nominating petition may consist of one or | 692 |
more separate petition papers, each of which shall be | 693 |
substantially in the form prescribed in this section. If the | 694 |
petition consists of more than one separate petition paper, the | 695 |
statement of candidacy of the candidate or joint candidates named | 696 |
need be signed by the candidate or joint candidates on only one
of | 697 |
such separate petition papers, but the statement of candidacy
so | 698 |
signed shall be copied on each other separate petition paper | 699 |
before the signatures of electors are placed
on it. Each | 700 |
nominating petition containing signatures of electors of more
than | 701 |
one county shall consist of separate petition papers each of
which | 702 |
shall contain signatures of electors of only one county;
provided | 703 |
that petitions containing signatures of electors of more
than one | 704 |
county shall not thereby be declared invalid. In case
petitions | 705 |
containing signatures of electors of more than one
county are | 706 |
filed, the board of elections shall determine the
county from | 707 |
which the majority of the signatures came, and only
signatures | 708 |
from this county shall be counted. Signatures from
any other | 709 |
county shall be invalid. | 710 |
I, ................................... (Name of candidate), | 737 |
the undersigned, hereby declare under penalty of election | 738 |
falsification that my voting residence is in ................ | 739 |
.......... Precinct of the ......................... (Township)
or | 740 |
(Ward and City, or Village) in the county of ...............
Ohio; | 741 |
that my post-office address is ............................ | 742 |
(Street and Number, if any, or Rural Route and Number) of the | 743 |
............................... (City, Village, or post office)
of | 744 |
...................., Ohio; and that I am a qualified elector in | 745 |
the precinct in which my voting residence is located. I hereby | 746 |
declare that I desire to be a candidate for election to the
office | 747 |
of .............. in the ........................ (State, | 748 |
District, County, City, Village, Township, or School District)
for | 749 |
the ...................................... (Full term or
unexpired | 750 |
term ending ................) at the General Election
to be held | 751 |
on the ........... day of ..............., .... | 752 |
We, the undersigned, qualified electors of the state of
Ohio, | 768 |
whose voting residence is in the County, City, Village,
Ward, | 769 |
Township or Precinct set opposite our names,
hereby nominate | 770 |
.................... as a candidate for
election to the office of | 771 |
........................... in the
............................ | 772 |
(State, District, County, City,
Village, Township, or School | 773 |
District) for the .................
(Full term or unexpired term | 774 |
ending ...................) to be
voted for at the general | 775 |
election next hereafter to be held,
and certify that this person | 776 |
is, in our opinion, well qualified to
perform the duties of the | 777 |
office or position to which the person
desires
to be elected. | 778 |
The secretary of state or a board of elections shall not | 838 |
accept for filing a nominating petition of a person seeking to | 839 |
become a candidate if that person, for the same election, has | 840 |
already filed a declaration of candidacy, a declaration of intent | 841 |
to be a write-in candidate, or a nominating petition, or has | 842 |
become a candidate through party nomination at a primary election | 843 |
or by the filling of a vacancy under section 3513.30 or 3513.31 of | 844 |
the Revised Code for any state or county office, if the nominating | 845 |
petition is for a state or county office, or for any municipal or | 846 |
township office, for member of a city, local, or exempted
village | 847 |
board of education, or for member of a governing board of an | 848 |
educational service center, if the nominating petition is for a | 849 |
municipal or township office, or for member of a city, local, or | 850 |
exempted village board of education, or for member of a governing | 851 |
board
of an educational service center. | 852 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 853 |
Title XXXV of the Revised Code is any group of voters
that, at
the | 854 |
most recent regular state election, polled
for its
candidate for | 855 |
governor in the state or nominees for presidential
electors at | 856 |
least five per cent of the entire vote cast for
that office or | 857 |
that filed with the secretary of state, subsequent to any
election | 858 |
in which it received less than five per cent of that
vote, a | 859 |
petition signed by qualified electors equal in number to
at least | 860 |
one per cent of the total vote for governor or nominees
for | 861 |
presidential electors at the most recent
election,
declaring their | 862 |
intention of organizing a political party, the
name of which shall | 863 |
be stated in the declaration, and of
participating in the | 864 |
succeeding primary election, held in
even-numbered years, that | 865 |
occurs more than one hundred twenty
days after the date of filing. | 866 |
No such group of electors shall
assume a name or designation that | 867 |
is similar, in the opinion of
the secretary of state, to that of | 868 |
an existing political party as
to confuse or mislead the voters at | 869 |
an election. If any political party fails
to cast five per cent
of | 870 |
the total vote
cast at an election for the office of governor
or | 871 |
president, it
shall cease to be a political party. | 872 |
(3)
"Candidate" has the same meaning as in division (H) of | 887 |
section 3501.01 of the Revised Code and also includes any person | 888 |
who, at any time before or after an election, receives | 889 |
contributions or makes expenditures or other use of
contributions, | 890 |
has given consent for another to receive
contributions or make | 891 |
expenditures or other use of contributions,
or appoints a campaign | 892 |
treasurer, for the purpose of bringing
about the person's | 893 |
nomination or election to public office.
When two persons jointly | 894 |
seek the offices of governor and lieutenant governor,
"candidate" | 895 |
means the pair of candidates jointly.
"Candidate" does not
include | 896 |
candidates for election to the
offices of member of a
county or | 897 |
state central committee,
presidential elector, and
delegate to a | 898 |
national convention or
conference of a political
party. | 899 |
(4)
"Continuing association" means an association, other
than | 900 |
a
campaign committee, political party, legislative campaign
fund, | 901 |
political
contributing entity, or labor
organization, that
is | 902 |
intended to be a permanent organization that has a
primary
purpose | 903 |
other than supporting or opposing specific candidates,
political | 904 |
parties, or ballot issues, and that functions on a
regular basis | 905 |
throughout the year. "Continuing association" includes | 906 |
organizations that are determined to be not organized for profit | 907 |
under subsection 501 and that are described in subsection | 908 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 909 |
(5)
"Contribution" means a loan, gift, deposit,
forgiveness | 910 |
of indebtedness, donation, advance, payment, or transfer
of funds | 911 |
or
transfer of anything of value, including a transfer of funds | 912 |
from
an inter vivos or testamentary trust or decedent's estate, | 913 |
and the
payment by any
person other than the person to whom the | 914 |
services
are rendered
for the personal services of another person, | 915 |
which
contribution
is made, received, or used for the purpose of | 916 |
influencing the
results of an election.
"Contribution"Any loan, | 917 |
gift, deposit, forgiveness of indebtedness, donation, advance, | 918 |
payment, or transfer of funds or of anything of value, including a | 919 |
transfer of funds from an inter vivos or testamentary trust or | 920 |
decedent's estate, and the payment by any campaign committee, | 921 |
political action committee, legislative campaign fund, political | 922 |
party, or person other than the person to whom the services are | 923 |
rendered for the personal services of another person, that is | 924 |
made, received, or used by a state or county political party, | 925 |
other than moneys a state or county political party receives from | 926 |
the Ohio political party fund pursuant to section 3517.17 of the | 927 |
Revised Code and the moneys a state or county political party may | 928 |
receive under sections 3517.101 and 3517.1012 of the Revised Code, | 929 |
shall be considered to be a "contribution" for the purpose of | 930 |
section 3517.10 of the Revised Code and shall be included on a | 931 |
statement of contributions filed under that section. | 932 |
(6)
"Expenditure" means the disbursement or use of a | 950 |
contribution for the purpose of influencing the results of an | 951 |
election or of making a charitable donation under division (G) of | 952 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 953 |
contribution by a state or county political party is an | 954 |
expenditure and shall be considered either to be made for the | 955 |
purpose of influencing the results of an election or to be made as | 956 |
a charitable donation under division (G) of section 3517.08 of the | 957 |
Revised Code and shall be reported on a statement of expenditures | 958 |
filed under section 3517.10 of the Revised Code. During the thirty | 959 |
days preceding a primary or general election, any disbursement to | 960 |
pay the direct costs of producing or airing a broadcast, cable, or | 961 |
satellite communication that refers to a clearly identified | 962 |
candidate shall be considered to be made for the purpose of | 963 |
influencing the results of that election. | 964 |
(8)
"Political action committee" means a combination of
two | 971 |
or more persons, the primary or incidentalmajor purpose of
which | 972 |
is
to
support or oppose any candidate, political party, or issue, | 973 |
or
to
influence the result of any election through express | 974 |
advocacy, and that is
not a political
party, a campaign committee, | 975 |
a political contributing entity, or a
legislative campaign fund. | 976 |
"Political action committee" does not include a continuing | 977 |
association that makes disbursements for the direct costs of | 978 |
producing or airing electioneering communications as defined in | 979 |
section 3517.1011 of the Revised Code and that does not engage in | 980 |
express advocacy. | 981 |
(16)
"In-kind contribution" means anything of
value other | 1003 |
than money that is used to influence the results of
an election or | 1004 |
is transferred to or used in support of or in
opposition to a | 1005 |
candidate, campaign committee, legislative
campaign fund, | 1006 |
political party, or political action committee,
or political | 1007 |
contributing entity and
that is made with the consent of, in | 1008 |
coordination, cooperation,
or consultation with, or at the request | 1009 |
or suggestion of the
benefited candidate, committee, fund, or | 1010 |
party,
or
entity. The financing of
the
dissemination, | 1011 |
distribution, or
republication, in whole or part,
of any broadcast | 1012 |
or of any
written, graphic, or other form of
campaign materials | 1013 |
prepared by
the candidate, the
candidate's campaign committee, or | 1014 |
their
authorized agents is an in-kind
contribution to the | 1015 |
candidate and
an expenditure by the candidate. | 1016 |
(d)
"Made in coordination, cooperation, or
consultation
with, | 1036 |
or at the request or suggestion of, any
candidate or the
campaign | 1037 |
committee or agent of the
candidate" means made pursuant
to any | 1038 |
arrangement,
coordination, or direction by the candidate,
the | 1039 |
candidate's
campaign committee, or the candidate's agent prior
to | 1040 |
the
publication, distribution,
display, or broadcast of the | 1041 |
communication. An expenditure is
presumed to be so made when it
is | 1042 |
any of the following: | 1043 |
(18)
"Labor organization" means a labor
union; an employee | 1065 |
organization; a federation of labor unions,
groups, locals, or | 1066 |
other employee organizations; an auxiliary of
a labor union, | 1067 |
employee organization, or federation of labor unions, groups, | 1068 |
locals, or other employee organizations; or any other bona fide | 1069 |
organization in
which employees participate and that exists for | 1070 |
the purpose, in
whole or in part, of dealing with employers | 1071 |
concerning
grievances, labor disputes, wages, hours, and other | 1072 |
terms and
conditions of employment. | 1073 |
(21)
"Political contributing entity"
means any entity, | 1079 |
including a corporation or labor organization,
that may lawfully | 1080 |
make contributions and expenditures and that
is not an individual | 1081 |
or a political action committee, continuing
association, campaign | 1082 |
committee, political party, legislative
campaign fund, designated | 1083 |
state campaign committee, or state
candidate fund. For purposes
of | 1084 |
division (B)(21) of this section,
"lawfully" means not
prohibited | 1085 |
by any section of the Revised Code, or
authorized
by a
final | 1086 |
judgment of
a court of competent jurisdiction."Restricted fund" | 1087 |
means the fund a state or county political party must establish | 1088 |
under division (A)(1) of section 3517.1012 of the Revised Code. | 1089 |
(C) An expenditure by a continuing association, political | 1118 |
contributing entity, or
political party shall not be considered a | 1119 |
contribution to any
campaign committee or an expenditure by or on | 1120 |
behalf of any
campaign committee if the purpose of the expenditure | 1121 |
is for the
staff and maintenance of the continuing association's, | 1122 |
political
contributing entity's, or
political party's | 1123 |
headquarters, or for a political poll, survey,
index, or other | 1124 |
type of measurement not on behalf of a specific
candidate. | 1125 |
(F) An expenditure that purchases goods or services shall
be | 1136 |
attributed to an election when the disbursement of funds is
made, | 1137 |
rather than at the time the goods or services are used. The | 1138 |
secretary
of state, under the procedures of Chapter 119. of
the | 1139 |
Revised Code, shall establish rules for the attribution of | 1140 |
expenditures to a candidate when the candidate is a candidate
for | 1141 |
more than one office during a reporting period and for | 1142 |
expenditures made
in a year in which no election is held. The | 1143 |
secretary of
state shall
further define by rule those expenditures | 1144 |
that are or are not by or on behalf
of a candidate. | 1145 |
(C) A corporation, nonprofit corporation, or labor | 1175 |
organization shall report to a political
action
committee, or to a | 1176 |
separate segregated fund with respect to state
and local | 1177 |
elections, the following costs expended by the
corporation, | 1178 |
nonprofit corporation, or labor organization that are associated | 1179 |
with
establishing, administering,
and soliciting contributions to | 1180 |
the political action committee or
separate segregated fund | 1181 |
pursuant to division (A) of this
section: | 1182 |
The political action committee shall itemize the amounts
and | 1202 |
purposes of those costs expended by the
corporation, nonprofit | 1203 |
corporation, or labor organization and file
them as part of the | 1204 |
statement required of political
action
committees under division | 1205 |
(A) of section 3517.10 of the Revised
Code on a form prescribed by | 1206 |
the secretary of state. The
separate segregated fund with respect | 1207 |
to state and local
elections shall file with the secretary of | 1208 |
state a copy of the
portion of each report and statement required | 1209 |
under the
Federal
Election Campaign Act that applies to state and | 1210 |
local elections
at
the same time that the entire original report | 1211 |
is filed in
accordance with that act. | 1212 |
(D) Solicitations of contributions pursuant to division
(B) | 1213 |
of this section from employees of a
corporation or
members and | 1214 |
employees of a labor organization other than executive and | 1215 |
administrative employees of a corporation or officers and | 1216 |
executive and
administrative employees of a labor organization | 1217 |
shall be in
writing and shall not be made more than four times | 1218 |
during
each calendar year. Any person who solicits any employee of | 1219 |
a corporation or
member or employee of a labor organization for a | 1220 |
contribution to a political action committee established or | 1221 |
administered by
the corporation or labor organization under | 1222 |
division (A)(1) of
this section shall inform the employee or | 1223 |
member at the
time of the solicitation
that he may refuse to make | 1224 |
a contribution
without suffering any reprisal. | 1225 |
(E) In addition to the laws listed in division
(A) of section | 1226 |
4117.10 of the Revised Code that prevail over conflicting | 1227 |
agreements between employee organizations and public employers, | 1228 |
this section prevails over any conflicting provisions of | 1229 |
agreements between
labor organizations and public employers | 1230 |
pursuant to Chapter 4117. of
the Revised Code(1) Contributions | 1231 |
shall not be obtained for a political action committee or a | 1232 |
separate segregated fund under this section by use of coercion or | 1233 |
physical force, by making a contribution a condition of employment | 1234 |
or membership, or by using or threatening to use job | 1235 |
discrimination or financial reprisals. Except as specified in this | 1236 |
division, a corporation, nonprofit corporation, or labor | 1237 |
organization shall not solicit or obtain contributions from an | 1238 |
individual described in division (B) of this section on an | 1239 |
automatic or passive basis, including, but not limited to, a | 1240 |
payroll deduction or reverse checkoff method. A corporation, | 1241 |
nonprofit corporation, or labor organization may solicit and | 1242 |
obtain contributions for a political action committee or a | 1243 |
separate segregated fund under this section from an individual | 1244 |
described in division (B) of this section on an automatic basis, | 1245 |
including, but not limited to, a payroll deduction plan, only if | 1246 |
the individual who is contributing to the political action | 1247 |
committee or separate segregated fund affirmatively consents to | 1248 |
the contribution at least once in every calendar year. | 1249 |
(3) If a corporation, nonprofit corporation, or labor | 1257 |
organization that obtains contributions from individuals described | 1258 |
in division (B) of this section pays to one or more of those | 1259 |
individuals a bonus or other remuneration for the purpose of | 1260 |
reimbursing those contributions, that corporation, nonprofit | 1261 |
corporation, or labor organization shall be fined twice the total | 1262 |
contributions obtained from all individuals for the political | 1263 |
action committee or separate segregated fund, as applicable, | 1264 |
during that calendar year. | 1265 |
Sec. 3517.09. (A) No person or committee shall solicit, ask, | 1273 |
invite, or demand, directly or indirectly, orally or in writing,
a | 1274 |
contribution, subscription, or payment from a
candidate for | 1275 |
nomination or election or from the campaign committee of that | 1276 |
candidate, and no person shall solicit, ask,
invite, or demand | 1277 |
that a candidate for nomination or election or the campaign | 1278 |
committee of that candidate subscribe to the
support of a club or | 1279 |
organization, buy tickets to an
entertainment, ball, supper, or | 1280 |
other meeting, or pay for space in
a book, program, or | 1281 |
publication. This division does not apply to any of the
following: | 1282 |
(B) No person shall coerce, intimidate, or cause harm to | 1291 |
another
person by an act or failure to act, or shall threaten to | 1292 |
coerce,
intimidate,
or cause harm to another person, because that | 1293 |
other person makes
or does not
make a contribution to a candidate, | 1294 |
campaign committee, political
party, legislative campaign fund, | 1295 |
political action committee,
or political contributing entity | 1296 |
electioneering communication committee. | 1297 |
(C) An employer or labor organization that, directly
or | 1298 |
through another person, solicits an employee of the employer
or a | 1299 |
member of the labor organization(1) Contributions shall not be | 1300 |
obtained by an employer or labor organization for a contribution | 1301 |
to a
candidate, campaign committee, political
action committee, | 1302 |
legislative campaign fund, political party,
or political | 1303 |
contributing entity shall inform the employee or member at
the | 1304 |
time of the
solicitation that making a contribution is voluntary | 1305 |
and that a
decision of the employee or member to make a | 1306 |
contribution or not
to make a contribution will not benefit the | 1307 |
employee or member or
place the employee or member at a | 1308 |
disadvantage with respect to
employment by the employer or | 1309 |
membership in the labor
organizationelectioneering communication | 1310 |
committee by use of coercion or physical force, by making a | 1311 |
contribution a condition of employment or membership, or by using | 1312 |
or threatening to use job discrimination or financial reprisals. | 1313 |
Except as specified in this division, an employer or labor | 1314 |
organization, directly or through another person, shall not | 1315 |
solicit or obtain contributions from an employee or member on an | 1316 |
automatic or passive basis, including, but not limited to, a | 1317 |
payroll deduction or reverse checkoff method. An employer or labor | 1318 |
organization, directly or through another person, may solicit and | 1319 |
obtain contributions for a candidate, campaign committee, | 1320 |
political action committee, legislative campaign fund, political | 1321 |
party, or electioneering communication committee from an employee | 1322 |
or member on an automatic basis, including, but not limited to, a | 1323 |
payroll deduction plan, only if the employee or member who is | 1324 |
contributing to the candidate, campaign committee, political | 1325 |
action committee, legislative campaign fund, political party, or | 1326 |
electioneering communication committee affirmatively consents to | 1327 |
the contribution at least once in every calendar year. | 1328 |
(3) If an employer or labor organization that obtains | 1336 |
contributions from employees or members pays to one or more of | 1337 |
those employees or members a bonus or other remuneration for the | 1338 |
purpose of reimbursing those contributions, that employer or labor | 1339 |
organization shall be fined twice the total contributions obtained | 1340 |
from all individuals for the candidate, campaign committee, | 1341 |
political action committee, legislative campaign fund, political | 1342 |
party, or electioneering communication committee, as applicable, | 1343 |
during that calendar year. | 1344 |
Sec. 3517.10. (A) Except as otherwise provided in this | 1432 |
division, every campaign committee, political action committee, | 1433 |
legislative campaign fund, and political party, and political | 1434 |
contributing entity
that made or received a contribution or made | 1435 |
an expenditure in connection with the nomination or election of | 1436 |
any candidate or in connection with any ballot issue or question | 1437 |
at any election held or to be held in this state shall file, on a | 1438 |
form prescribed under this section,or by electronic means of | 1439 |
transmission as provided in this section and section 3517.106 of | 1440 |
the Revised
Code, or, until
March 1,
2004, on computer disk
as | 1441 |
provided in section 3517.106 of the Revised Code, a
full, true, | 1442 |
and
itemized
statement, made under penalty of election | 1443 |
falsification, setting
forth in detail the contributions and | 1444 |
expenditures, nonot later than
four p.m. of the following dates: | 1445 |
No statement under division (A)(3) or (4) of this section | 1492 |
shall be
required for any year in which a campaign committee, | 1493 |
political
action committee, legislative campaign fund, or | 1494 |
political party, or
political contributing entity is required to | 1495 |
file a
postgeneral
election statement under
division (A)(2)
of | 1496 |
this
section.
However,
such a statement may be filed, at the | 1497 |
option
of the
campaign
committee, political action committee, | 1498 |
legislative
campaign fund, or
political party, or political | 1499 |
contributing entity. | 1500 |
No statement under division (A)(3) or (4) of this section | 1501 |
shall be
required if the campaign committee, political action | 1502 |
committee,
legislative campaign fund, or political party, or | 1503 |
political
contributing entity has no
contributions that it has | 1504 |
received and
no expenditures that it has made since the
last date | 1505 |
reflected in
its last previously filed statement.
However, the | 1506 |
campaign
committee, political action committee,
legislative | 1507 |
campaign fund, or
political party, or political
contributing | 1508 |
entity shall
file a
statement to that effect, on a form prescribed | 1509 |
under this
section
and made under penalty of election | 1510 |
falsification, on the
date
required in division (A)(3) or (4) of | 1511 |
this section, as applicable. | 1512 |
The campaign committee of a statewide candidate shall
file a | 1513 |
monthly statement of contributions received during each of
the | 1514 |
months of July, August, and September
in the year of the general | 1515 |
election in which the candidate seeks
office. The campaign | 1516 |
committee of a statewide candidate shall
file the monthly | 1517 |
statement
not later than three business days after the last day of | 1518 |
the
month covered by the statement. During the period
beginning
on | 1519 |
the
nineteenth day before the general election in which a | 1520 |
statewide candidate
seeks election to office and extending through | 1521 |
the day of that general
election, each time the campaign committee | 1522 |
of the joint candidates for the
offices of governor and
lieutenant | 1523 |
governor or of a candidate for the office of secretary of state, | 1524 |
auditor of state, treasurer of state, or attorney general receives | 1525 |
a
contribution from a contributor that causes the aggregate amount | 1526 |
of contributions received from that contributor during that
period | 1527 |
to equal or exceed twoten thousand five hundred dollars and each | 1528 |
time
the
campaign committee of a candidate for the office of chief | 1529 |
justice or
justice of the supreme court receives a contribution | 1530 |
from a
contributor that causes the aggregate amount of | 1531 |
contributions
received from that contributor during that period to | 1532 |
exceed five
hundredten thousand dollars, the campaign committee | 1533 |
shall file a
two-business-day statement reflecting that | 1534 |
contribution. During
the period beginning on the nineteenth
day | 1535 |
before a
primary
election in which a candidate for statewide | 1536 |
office seeks
nomination to office and extending through the day
of | 1537 |
that primary
election, each time either the campaign committee of | 1538 |
a
statewide
candidate in that primary election that files a
notice | 1539 |
under
division (C)(1) of section 3517.103 of the Revised Code or | 1540 |
the
campaign committee
of a statewide candidate in that primary | 1541 |
election to which, in
accordance with division (D) of section | 1542 |
3517.103 of the
Revised Code, the contribution limitations | 1543 |
prescribed in
section 3517.102 of the Revised Code
no longer apply | 1544 |
receives a contribution
from a contributor that causes the | 1545 |
aggregate amount of
contributions received from that contributor | 1546 |
during that period
to exceed twoten thousand five hundred | 1547 |
dollars,
the campaign
committee shall file a two-business-day | 1548 |
statement
reflecting
that contribution.
Contributions reported on | 1549 |
a
two-business-day statement
required to be filed by a campaign | 1550 |
committee of a statewide
candidate in a primary election shall | 1551 |
also be included
in the postprimary election statement required to | 1552 |
be filed by
that campaign committee under division (A)(2) of this | 1553 |
section. A two-business-day statement required by this
paragraph | 1554 |
shall be filed not
later than two business days after receipt of | 1555 |
the contribution. The
statements required by this paragraph shall | 1556 |
be filed in
addition to any other statements required by this | 1557 |
section. | 1558 |
Subject to the secretary
of state
having implemented, tested, | 1559 |
and verified the successful
operation of any system the secretary | 1560 |
of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of | 1561 |
this
section and division
(H)(1) of section 3517.106 of the | 1562 |
Revised Code for the
filing
of
campaign finance statements by | 1563 |
electronic means of transmission,
a campaign committee
of a | 1564 |
statewide
candidate shall file a two-business-day
statement under | 1565 |
the
preceding paragraph
by electronic means of transmission if the | 1566 |
campaign committee
is required to file a preelectionpre-election, | 1567 |
postelection, or
monthly statement of contributions and | 1568 |
expenditures by
electronic means of transmission under this | 1569 |
section or section
3517.106 of the Revised
Code. | 1570 |
(b)(i) The full name and address of each person, political | 1598 |
party, campaign committee, legislative campaign fund, or
political | 1599 |
action committee, or political contributing entity
from whom | 1600 |
contributions are received and the
registration number assigned to | 1601 |
the
political action committee under division (D)(1) of this | 1602 |
section. The requirement of filing the full address does not
apply | 1603 |
to any statement filed by a state or local committee of a | 1604 |
political
party, to a finance committee of
such committee, or to a | 1605 |
committee recognized by a state or local
committee as its | 1606 |
fund-raising auxiliary. Notwithstanding
division (F)(1) of this | 1607 |
section, the requirement of filing the full
address shall be | 1608 |
considered as being met if the address filed is
the same address | 1609 |
the contributor provided under division
(E)(1) of this section. | 1610 |
(ii) If a political action committee, legislative campaign | 1611 |
fund, or political party that is required to file campaign finance | 1612 |
statements by electronic means of transmission under section | 1613 |
3517.106 of the Revised Code or a campaign committee of a | 1614 |
statewide candidate or
candidate for the office of member of the | 1615 |
general assembly
receives a
contribution from an individual that | 1616 |
exceeds one
hundred dollars, the name of the individual's current | 1617 |
employer,
if
any, or, if the individual is self-employed, the | 1618 |
individual's
occupation and the name of the individual's business, | 1619 |
if any; | 1620 |
(e) A separately itemized account of all contributions and | 1633 |
expenditures regardless of the amount, except a receipt of a | 1634 |
contribution from a person in the sum of twenty-five dollars or | 1635 |
less at one social or fund-raising activity and a receipt of a | 1636 |
contribution
transmitted pursuant to section 3599.031 of the | 1637 |
Revised Code from amounts
deducted from the wages and salaries of | 1638 |
employees if the contribution from the
amount deducted from the | 1639 |
wages and salary of any one employee is twenty-five
dollars or | 1640 |
less aggregated in a calendar year. An account of the total | 1641 |
contributions from each social or fund-raising activity shall | 1642 |
include a
description of and the value of each in-kind | 1643 |
contribution received at that
activity from any person who made | 1644 |
one or more
such contributions whose aggregate value exceeded two | 1645 |
hundred
fifty dollars and shall be listed separately, together | 1646 |
with the expenses
incurred and paid in connection with that | 1647 |
activity. A campaign committee,
political action committee, | 1648 |
legislative campaign fund, or political
party, or political | 1649 |
contributing entity
shall keep records of contributions from each | 1650 |
person in the amount of
twenty-five dollars or less at one social | 1651 |
or fund-raising activity and
contributions from amounts deducted | 1652 |
under section 3599.031 of the Revised Code
from the wages and | 1653 |
salary of each employee in the amount of twenty-five
dollars or | 1654 |
less aggregated in a calendar year. No continuing association
that | 1655 |
is recognized by a state or local committee of a political
party | 1656 |
as an
auxiliary of the party and that makes a contribution
from | 1657 |
funds derived solely
from regular dues paid by members of the | 1658 |
auxiliary shall be required to list
the name or address of any | 1659 |
members who paid those dues. | 1660 |
(C)(1) The statement of contributions and expenditures
shall | 1696 |
be signed by the person completing the form. If a statement of | 1697 |
contributions and expenditures is filed by electronic means of | 1698 |
transmission
pursuant to this
section or section 3517.106 of the | 1699 |
Revised Code, the
electronic signature of the person who executes | 1700 |
the statement and transmits
the statement by electronic means of | 1701 |
transmission, as
provided in division (H) of section 3517.106 of | 1702 |
the Revised
Code, shall be attached to or associated with the | 1703 |
statement and shall
be binding on all persons and for all purposes | 1704 |
under the campaign finance
reporting law as if the
signature had | 1705 |
been handwritten in ink on a printed form. | 1706 |
(5) The campaign committee of any person who attempts to | 1724 |
become
a candidate and who, for any reason, does not become | 1725 |
certified in
accordance with Title XXXV of the Revised Code for | 1726 |
placement on
the official ballot of a primary, general, or special | 1727 |
election to
be held in this state, and who, at any time prior to | 1728 |
or after an
election, receives contributions or makes | 1729 |
expenditures, or has
given consent for another to receive | 1730 |
contributions or make
expenditures, for the purpose of bringing | 1731 |
about the person's
nomination or election to public office, shall | 1732 |
file the statement
or statements prescribed by this section and a | 1733 |
termination
statement, if applicable. This paragraphDivision | 1734 |
(C)(5) of this section does not
apply to any
person with respect | 1735 |
to an election to the offices of
member of a
county or state | 1736 |
central committee, presidential
elector, or
delegate to a national | 1737 |
convention or conference of a
political
party. | 1738 |
(b) The secretary of state shall prescribe the form for all | 1744 |
statements
required to be
filed under this section
and
shall | 1745 |
furnish the forms to the boards of elections in
the several | 1746 |
counties. The boards
of elections shall supply printed copies of | 1747 |
those forms without charge. The
secretary of state
shall
prescribe | 1748 |
the appropriate methodology, protocol, and data file
structure for | 1749 |
statements required or permitted to
be filed by
electronic means | 1750 |
of transmission under division (A) of
this
section and,
divisions | 1751 |
(E), (F), and (G) of section 3517.106, division (D) of section | 1752 |
3517.1011, and division (B) of section 3517.1012 of
the
Revised | 1753 |
Code and for statements permitted to be filed on
computer
disk | 1754 |
under division (F) of section 3517.106 of the
Revised Code. | 1755 |
Subject to division (A) of this
section and, divisions
(E), (F), | 1756 |
and (G) of section 3517.106, division (D) of section 3517.1011, | 1757 |
and division (B) of section 3517.1012 of the
Revised
Code, the | 1758 |
statements
required to be stored on
computer by the secretary of | 1759 |
state under
division (B) of section
3517.106 of the Revised Code | 1760 |
shall be
filed in whatever format
the secretary of state considers | 1761 |
necessary to enable
the secretary of state to store the | 1762 |
information contained in
the statements on computer. Any such | 1763 |
format shall be of a type and nature that is readily available to | 1764 |
whoever is
required to file the statements in that format. | 1765 |
(c) The secretary of state shall assess the need for
training | 1766 |
regarding the filing of campaign finance statements by
electronic | 1767 |
means of
transmission and regarding associated
technologies for | 1768 |
candidates, campaign committees, political action
committees, | 1769 |
legislative campaign funds, or political parties,
political | 1770 |
contributing
entities, orfor individuals, partnerships, or
other | 1771 |
entities, or for electioneering communication committees, required | 1772 |
or
permitted to file statements by
electronic means of | 1773 |
transmission under this
section or section
3517.105 or, 3517.106, | 1774 |
3517.1011, or 3517.1012 of the Revised Code. If, in the opinion of | 1775 |
the secretary
of state,
training in these areas is necessary, the | 1776 |
secretary of state shall arrange
for the provision of voluntary | 1777 |
training programs for candidates, campaign
committees, political | 1778 |
action committees, legislative campaign funds, or political | 1779 |
parties,
political contributing entities, andfor individuals, | 1780 |
partnerships,
and
other entities, or for electioneering | 1781 |
communication committees, as appropriate. | 1782 |
(D)(1) Prior to receiving a contribution or making an | 1788 |
expenditure, every
campaign committee, political action
committee, | 1789 |
legislative campaign fund, or political party, or
political | 1790 |
contributing entity
shall appoint a treasurer and shall
file, on a | 1791 |
form prescribed by the secretary of state, a
designation of that | 1792 |
appointment,
including the full name and address of the treasurer | 1793 |
and of the
campaign committee, political
action committee, | 1794 |
legislative campaign fund, or political
party, or political | 1795 |
contributing entity. That designation shall
be filed with
the | 1796 |
official with whom the campaign committee,
political action | 1797 |
committee, legislative campaign fund, or
political party, or | 1798 |
political contributing entity is required to
file statements under | 1799 |
section 3517.11 of the
Revised Code. The name of a campaign | 1800 |
committee shall include at least the
last name of the campaign | 1801 |
committee's candidate. The secretary of
state shall assign a | 1802 |
registration number to each political action
committee that files | 1803 |
a designation of the appointment of a treasurer under
this | 1804 |
division
(D)(1) of this section if the political action committee | 1805 |
is
required
by division (A)(1) of section 3517.11 of the Revised | 1806 |
Code
to file the
statements prescribed by this section with the | 1807 |
secretary of state. | 1808 |
(c) A state or county political party may
establish a state | 1820 |
candidate fund that is separate from an account that
contains the | 1821 |
public moneys received from the Ohio political party fund
under | 1822 |
section 3517.17 of the Revised Code and from all other funds. A | 1823 |
state
or county political party may deposit into its state | 1824 |
candidate fund any
amounts of monetary contributions that are made | 1825 |
to or accepted by the
political party subject to the applicable | 1826 |
limitations, if any, prescribed in
section 3517.102 of the Revised | 1827 |
Code. A state or county political party
shall deposit all other | 1828 |
monetary contributions received by the
party into one or more | 1829 |
accounts
that are separate from its state candidate fund and from | 1830 |
its account that contains the public moneys received from the Ohio | 1831 |
political party fund under section 3517.17 of the Revised Code. | 1832 |
(d) Each state political party shall have only one | 1833 |
legislative campaign fund
for each house of the general assembly. | 1834 |
Each such fund shall be separate from
any other funds or accounts | 1835 |
of that state party. A legislative campaign fund
is authorized to | 1836 |
receive contributions and make expenditures for the primary | 1837 |
purpose of furthering the election of candidates who are members | 1838 |
of that
political party to the house of the general assembly with | 1839 |
which that
legislative campaign fund is associated. Each | 1840 |
legislative campaign fund shall
be administered and controlled in | 1841 |
a manner designated by the caucus. As used
in this division | 1842 |
(D)(3)(d)
of this section, "caucus" has the same meaning as in | 1843 |
section
3517.01 of the Revised Code and includes, as an ex officio | 1844 |
member,
the
chairperson of the state political party with which | 1845 |
the caucus
is
associated or that chairperson's designee. | 1846 |
(7) The secretary of state, pursuant to division
(I) of | 1876 |
section 3517.106 of the Revised Code, shall
make available online | 1877 |
to the public through the internet the contribution and | 1878 |
expenditure, contribution and disbursement, or deposit and | 1879 |
disbursement information in
all statements, all addenda, | 1880 |
amendments, or other corrections to statements,
and all amended | 1881 |
statements filed with the secretary of state by electronic or | 1882 |
other means of transmission under this section, division
(B)(2)(b) | 1883 |
or (C)(2)(b) of
section 3517.105, or section 3517.106, 3517.1011, | 1884 |
3517.1012, or 3517.11
of the Revised Code. The secretary of state | 1885 |
may remove the
information from the internet after a reasonable | 1886 |
period of
time. | 1887 |
(E)(1) Any person, political party, campaign committee, | 1888 |
legislative campaign fund, or
political action committee, or | 1889 |
political contributing entity
that makes a contribution in | 1890 |
connection with the nomination or election of any candidate or in | 1891 |
connection with any ballot issue or question at any election held | 1892 |
or to be held in this state shall provide its full name and | 1893 |
address to the recipient of the contribution at the time the | 1894 |
contribution is made. The political action committee also
shall | 1895 |
provide the registration number assigned to the committee under | 1896 |
division
(D)(1) of this section to the recipient of the | 1897 |
contribution at the time the
contribution is made. | 1898 |
(2) Any individual who makes a contribution that
exceeds one | 1899 |
hundred dollars to a political action committee, legislative | 1900 |
campaign fund, or political party or to a campaign committee of a | 1901 |
statewide candidate
or candidate for the office of member of the | 1902 |
general assembly shall provide
the name of the individual's | 1903 |
current employer, if
any, or, if
the individual is
self-employed, | 1904 |
the individual's
occupation and the name of the individual's | 1905 |
business, if any, to
the recipient of the contribution at the time | 1906 |
the
contribution is
made. Sections 3599.39 and 3599.40 of the | 1907 |
Revised
Code do not apply to division (E)(2) of this section. | 1908 |
(3) If a campaign committee shows that it has exercised its | 1909 |
best efforts to
obtain, maintain, and submit the information | 1910 |
required under divisions
(B)(4)(b)(ii) and (iii) of this section, | 1911 |
that committee is considered to have
met the requirements of those | 1912 |
divisions. A campaign committee shall not be
considered to have | 1913 |
exercised its best efforts unless, in connection with written | 1914 |
solicitations,
it regularly includes a written request for the | 1915 |
information required under
division (B)(4)(b)(ii) of this section | 1916 |
from the contributor or the information
required under division | 1917 |
(B)(4)(b)(iii) of this section from whoever transmits
the | 1918 |
contribution. | 1919 |
(1) "Address" means all of the
following if they exist: | 1925 |
apartment number, street, road, or
highway name and number, rural | 1926 |
delivery route number, city or
village, state, and zip code as | 1927 |
used in a person's
post-office address, but not post-office box.
| 1928 |
If an address is required in this section, a post-office box and | 1929 |
office, room, or suite number may be included in addition to but | 1930 |
not in lieu of an apartment, street, road, or highway name and | 1931 |
number. If an
address is required in this section, a
campaign | 1932 |
committee, political action committee, legislative campaign fund, | 1933 |
or
political party, or political contributing entity may use
the | 1934 |
business or residence address of its treasurer or deputy | 1935 |
treasurer. The post-office box number of the campaign committee, | 1936 |
political action committee, legislative campaign fund, or | 1937 |
political
party, or political contributing entity may be used in | 1938 |
addition to
that address. | 1939 |
(H)(1) Except as otherwise provided in division (H)(2)
of | 1950 |
this section, if, during the combined preelectionpre-election and | 1951 |
postelection
reporting periods
for an election, a campaign | 1952 |
committee has
received contributions of five
hundred dollars or | 1953 |
less and has
made expenditures in the total amount of five
hundred | 1954 |
dollars or
less, it may file a statement to that effect, under | 1955 |
penalty
of
election falsification, in lieu of the statement | 1956 |
required by
division
(A)(2) of this section. The statement shall | 1957 |
indicate the
total
amount of contributions received and the total | 1958 |
amount of
expenditures made
during those combined reporting | 1959 |
periods. | 1960 |
(2) In the case of a successful candidate at a primary | 1961 |
election, if either
the
total contributions received by or the | 1962 |
total expenditures made by the
candidate's campaign committee | 1963 |
during the preprimary, postprimary, pregeneral,
and postgeneral | 1964 |
election periods combined equal more than five hundred
dollars, | 1965 |
the campaign committee may file the statement under division | 1966 |
(H)(1)
of this section only for the primary election. The first | 1967 |
statement that the
campaign committee files in regard to the | 1968 |
general election shall reflect all
contributions received and all | 1969 |
expenditures made during the preprimary and
postprimary election | 1970 |
periods. | 1971 |
(K)(1) In addition to filing a designation of appointment
of | 2008 |
a treasurer under division
(D)(1) of this section, the campaign | 2009 |
committee of any candidate
for an elected municipal office that | 2010 |
pays an annual amount of
compensation of five thousand dollars or | 2011 |
less, the campaign
committee of any candidate for member of a | 2012 |
board of education
except member of the state board of education, | 2013 |
or the campaign
committee of any candidate for township trustee or | 2014 |
township
clerk may sign, under penalty of election falsification, | 2015 |
a
certificate attesting that the committee will not accept | 2016 |
contributions during an election period that exceed in the | 2017 |
aggregate two thousand dollars from all contributors and one | 2018 |
hundred dollars from any one individual, and that the campaign | 2019 |
committee will not make expenditures during an election period | 2020 |
that exceed in the aggregate two thousand dollars. | 2021 |
(3) If, after filing a certificate under division (K)(1)
of | 2031 |
this section, a campaign committee exceeds any of the
limitations | 2032 |
described in that division during an election
period, the | 2033 |
certificate is void and thereafter the campaign
committee shall | 2034 |
file the statements required by
division (A) of this section. If | 2035 |
the
campaign committee has not previously
filed a statement, then | 2036 |
on
the first statement the campaign
committee is required to file | 2037 |
under division (A) of this section
after
the committee's | 2038 |
certificate is
void, the committee shall report all
contributions | 2039 |
received and
expenditures made from the time the
candidate filed | 2040 |
the
candidate's declaration of candidacy and
petition, nominating | 2041 |
petition, or declaration of intent to be a
write-in candidate. | 2042 |
(L) Notwithstanding division
(B)(4) of this
section, a | 2051 |
political contributing entity that receives
contributions from the | 2052 |
dues, membership fees, or other assessments of its
members or from | 2053 |
its officers,
shareholders, and employees may report the aggregate | 2054 |
amount of
contributions received from those contributors and the | 2055 |
number of
individuals making those contributions, for each filing | 2056 |
period
identified under divisions (A)(1), (2), and
(3) of this | 2057 |
section. Division
(B)(4) of this section applies
to a political | 2058 |
contributing entity with regard to contributions
it receives from | 2059 |
all other contributors. | 2060 |
(f) Two(vi) Ten thousand five hundred dollars to another | 2181 |
political
action committee or to a political contributing entity | 2182 |
in a
calendar
year. This division does
not apply to a political | 2183 |
action
committee that makes a contribution to a
political action | 2184 |
committee or to a political contributing entity
affiliated with | 2185 |
it. For purposes of this division, a political action
committee
is | 2186 |
affiliated with
another political action committee or with a | 2187 |
political contributing
entity if they are both established, | 2188 |
financed,
maintained, or controlled by, or if they are, the same | 2189 |
corporation, organization, labor
organization, continuing | 2190 |
association, or other person, including any parent,
subsidiary, | 2191 |
division, or department of that corporation, organization, labor | 2192 |
organization, continuing association, or other person. | 2193 |
(c) A county political party that has no state candidate
fund | 2272 |
and that is
located in a county having a population of less
than | 2273 |
one hundred fifty
thousand may make one or more contributions
from | 2274 |
other accounts to any one statewide candidate or to any one | 2275 |
designated state campaign committee
that do not exceed, in the | 2276 |
aggregate, two thousand five hundred
dollars in any primary | 2277 |
election period
or general election period.
As used in this | 2278 |
division,
"other accounts"
does not include either
an account that | 2279 |
contains the public
moneys received from the Ohio
political party | 2280 |
fund under section 3517.17 of
the Revised Code or
the county | 2281 |
political party's operating account. | 2282 |
(f) Two thousand five hundred
dollars to another political | 2303 |
contributing entity or to a
political action committee in a | 2304 |
calendar year. This division does not
apply to a political | 2305 |
contributing
entity that makes a contribution to a political | 2306 |
contributing
entity or to a political action committee affiliated | 2307 |
with it. For
purposes of this division, a political contributing | 2308 |
entity is
affiliated with another political contributing entity or | 2309 |
with a
political action committee if they are both established, | 2310 |
financed, maintained, or controlled by, or if they are, the same | 2311 |
corporation,
organization, labor organization, continuing | 2312 |
association, or
other person, including any parent, subsidiary, | 2313 |
division, or
department of that corporation, organization, labor | 2314 |
organization, continuing association, or other person. | 2315 |
(4)(a)(i) Subject to division (D)(1)(C)(4)(a)(ii) of this | 2375 |
section and except for a designated state campaign committee, no | 2376 |
county
political party shall accept a contribution or | 2377 |
contributions from any individual who is under seven years of age, | 2378 |
or a
contribution or contributions for
the party's state candidate | 2379 |
fund aggregating
more than fiveten
thousand dollars from any one | 2380 |
individual,who resides within that county and who is seven years | 2381 |
of age or older or from any one political
action committee, from | 2382 |
any one political contributing entity, or
from any one campaign | 2383 |
committee, other than a designated
state
campaign committee, in a | 2384 |
calendar year. | 2385 |
(ii) Subject to division (D)(1) of this section, no county | 2386 |
political party shall accept a contribution or contributions for | 2387 |
the party's state candidate fund from any individual who resides | 2388 |
outside of that county and who is seven years of age or older, | 2389 |
from any campaign committee unless the campaign committee's | 2390 |
candidate will appear on a ballot in that county or unless the | 2391 |
campaign committee's candidate is the holder of an elected public | 2392 |
office that represents all or part of the population of that | 2393 |
county at the time the contribution is accepted, or from any | 2394 |
political action committee. | 2395 |
(b) Subject to division (D)(1) of this section, no
political | 2458 |
action committee shall accept a contribution or contributions | 2459 |
aggregating more than twoten thousand five hundred dollars from | 2460 |
another political
action committee or from a political | 2461 |
contributing entity in a calendar
year. Subject to division
(D)(1) | 2462 |
of this section, no political
contributing entity shall
accept a | 2463 |
contribution or contributions
aggregating more than two
thousand | 2464 |
five hundred dollars from
another political contributing
entity or | 2465 |
from a political action
committee in a calendar year.
This | 2466 |
division does not apply to a
political action
committee or | 2467 |
political
contributing entity that accepts a
contribution from a | 2468 |
political action committee or political contributing
entity | 2469 |
affiliated with it. For purposes of this division, a political | 2470 |
action
committee is affiliated with another political action | 2471 |
committee or
political contributing entity if they are | 2472 |
established, financed, maintained, or controlled by the same | 2473 |
corporation,
organization, labor organization, continuing | 2474 |
association, or other person,
including any parent, subsidiary, | 2475 |
division, or department of that corporation,
organization, labor | 2476 |
organization, continuing association, or other person. | 2477 |
(D)(1)(a) For purposes of the limitations prescribed
in | 2478 |
division (B)(2) of this section and the limitations
prescribed in | 2479 |
divisions (C)(1), (2), (3), (4), (5),
and (7)(b) of this section, | 2480 |
whichever is applicable, all contributions made by and all | 2481 |
contributions
accepted from
political action committees that are | 2482 |
established, financed,
maintained, or controlled by the same | 2483 |
corporation, organization,
labor organization, continuing | 2484 |
association, or other person, including any
parent, subsidiary, | 2485 |
division, or department of that corporation,
organization, labor | 2486 |
organization, continuing association, or other person, are | 2487 |
considered to have been made by or accepted from a single | 2488 |
political action committee. | 2489 |
(b) For purposes of the limitations prescribed in division | 2490 |
(B)(7) of
this section and the limitations prescribed in divisions | 2491 |
(C)(1),
(2), (3), (4), (5), and (7)(b) of this section,
whichever | 2492 |
is applicable, all contributions made by and all
contributions | 2493 |
accepted from political contributing entities that
are | 2494 |
established, financed, maintained, or controlled by, or that are, | 2495 |
the same
corporation, organization, labor organization, continuing | 2496 |
association, or other person, including any parent, subsidiary, | 2497 |
division, or department of that corporation, organization, labor | 2498 |
organization, continuing association, or other person, are | 2499 |
considered to have been made by or accepted from a single | 2500 |
political contributing entity. | 2501 |
(2) As used in divisions (B)(1)(f)(a)(vii), (B)(3)(d), | 2502 |
(B)(4), and
(C)(7) of this
section,
"political action committee" | 2503 |
does not
include a political action
committee that is organized to | 2504 |
support
or oppose a ballot issue
or question and that makes no | 2505 |
contributions to or expenditures
on behalf of a political party, | 2506 |
campaign committee, legislative
campaign fund, or political action | 2507 |
committee, or political
contributing entity. As used in divisions | 2508 |
(B)(1)(g),
(B)(3)(e), (B)(4), and (C)(7)
of this section, | 2509 |
"political contributing entity" does not
include a political | 2510 |
contributing entity that is organized to support or oppose
a | 2511 |
ballot issue or question and that makes no contributions to or | 2512 |
expenditures on behalf of a political party, campaign committee, | 2513 |
legislative campaign fund, political action committee, or | 2514 |
political
contributing entity. | 2515 |
(2)(a) Any legislative campaign fund that
has kept a total | 2529 |
amount of contributions in excess of the amount specified in | 2530 |
division (E)(1) of this section at the close of
business on the | 2531 |
seventh day before the
postgeneral election statement is required | 2532 |
to be filed under section 3517.10
of the Revised Code shall | 2533 |
dispose of the excess amount in the manner
prescribed in division | 2534 |
(E)(2)(c)(b)(i), (ii), or (iii) of this section not later
than | 2535 |
ninety
days after the day the postgeneral
election statement is | 2536 |
required
to be filed under section 3517.10 of the
Revised Code. | 2537 |
Any
legislative campaign fund that is required to
dispose of
an | 2538 |
excess
amount of contributions under this division shall file a | 2539 |
statement
on the ninetieth day after the postgeneral election | 2540 |
statement is
required to
be filed under section 3517.10 of the | 2541 |
Revised Code
indicating the total amount
of contributions the fund | 2542 |
has at the
close of
business on the seventh day before the | 2543 |
postgeneral
election statement is required to be filed under | 2544 |
section 3517.10
of the Revised Code and
that the
excess | 2545 |
contributions were
disposed of pursuant to this division and | 2546 |
divisionsdivision
(E)(2)(b) and
(c) of this section. The | 2547 |
statement shall be on a form prescribed
by the secretary of state | 2548 |
and shall
contain any additional
information the secretary of | 2549 |
state considers necessary. | 2550 |
(3)(ii) A loan obtained by, guaranteed by, or for the benefit | 2588 |
of a statewide candidate, senate candidate, or house candidate | 2589 |
shall be considered "personal funds" subject to the provisions of | 2590 |
this section and section 3517.1010 of the Revised Code to the | 2591 |
extent that the loan is obtained or guaranteed by the candidate or | 2592 |
is for the benefit of the candidate and is obtained or guaranteed | 2593 |
by the candidate's spouse, parents, children, sons-in-law, | 2594 |
daughters-in-law, brothers, sisters, grandparents, mother-in-law, | 2595 |
father-in-law, brothers-in-law, sisters-in-law, or grandparents by | 2596 |
marriage. A loan that is obtained or guaranteed and that is for | 2597 |
the benefit of a statewide candidate, senate candidate, or house | 2598 |
candidate shall not be considered "personal funds" for the | 2599 |
purposes of this section and section 3517.1010 of the Revised Code | 2600 |
but shall be considered to be a "contribution" for the purposes of | 2601 |
this chapter if the loan is obtained or guaranteed by anyone other | 2602 |
than the candidate or the candidate's spouse, parents, children, | 2603 |
sons-in-law, daughters-in-law, brothers, sisters, grandparents, | 2604 |
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or | 2605 |
grandparents by marriage. | 2606 |
(C)(1) If the campaign committee of any
statewide candidate | 2637 |
has received or expended or expects to expend more
than
one | 2638 |
hundred thousand dollars of personal funds during a primary | 2639 |
election period or one hundred fifty thousand dollars of personal | 2640 |
funds during
a general election period, the
campaign committee | 2641 |
shall file a personal funds notice in the manner provided
in | 2642 |
division (C)(3) of this section indicating that the
committee has | 2643 |
received or expended or expects to expend more than that
amount. | 2644 |
For the purpose of this division, a joint team of candidates
for | 2645 |
governor and lieutenant
governor shall be considered a single | 2646 |
candidate and their
personal funds shall be combined. | 2647 |
(b) The statement of primary-day
finances or the year-end | 2733 |
statement required to be filed under division
(E) of section | 2734 |
3517.1010 of the Revised Code shall
be filed not later than | 2735 |
fourteen days after the date the candidate's opponent fails to | 2736 |
file a declaration of candidacy or nominating petition by the | 2737 |
appropriate
filing deadline, or dies
or withdraws. For purposes of | 2738 |
calculating permitted funds under division
(A)(7)(4) of section | 2739 |
3517.1010 of the Revised Code, the primary or
general election | 2740 |
period, whichever is applicable, shall be considered to have ended | 2741 |
on the
filing deadline, in the case of an opponent who fails to | 2742 |
file a declaration of
candidacy or nominating petition, or on the | 2743 |
date of the opponent's death or
withdrawal. In such an event, the | 2744 |
filing of a statement of primary-day
finances or year-end finances | 2745 |
and the disposing of any excess funds as
required under division | 2746 |
(B) of section 3517.1010 of the Revised Code
satisfies the | 2747 |
candidate's obligation to file such a statement for that election | 2748 |
period. | 2749 |
Sec. 3517.104. (A) In January of
each odd-numbered year, the | 2789 |
secretary of state, in accordance
with this division and division | 2790 |
(B) of this section,
shall adjust each amount specified in section | 2791 |
3517.102
and in division (B)(4)(e) of section 3517.10
of the | 2792 |
Revised Code. The adjustment shall be
based on the yearly average | 2793 |
of the previous two years of the
Consumer Price Index for All | 2794 |
Urban Consumers or its successive equivalent, as
determined by the | 2795 |
United States department of
labor, bureau of labor statistics, or | 2796 |
its successor in
responsibility, for all items, Series A. Using | 2797 |
the 1996 yearly average as the base year, the secretary of state | 2798 |
shall compare the most current average consumer price index with | 2799 |
that determined in the preceding odd-numbered year, and shall | 2800 |
determine the percentage increase or decrease. The percentage | 2801 |
increase or decrease shall be multiplied by the actual dollar | 2802 |
figure for each office or entity specified in
section 3517.102 of | 2803 |
the Revised Code and by each actual
dollar figure specified in | 2804 |
division
(B)(4)(e) of section 3517.10 of the
Revised Code as | 2805 |
determined in the previous
odd-numbered year, and the product | 2806 |
shall be added to or
subtracted from its corresponding actual | 2807 |
dollar figure, as
necessary, for that previous odd-numbered year. | 2808 |
The | 2809 |
(3) On or before the twenty-fifth day of
February of each | 2837 |
odd-numbered year, the secretary of
state shall prepare a report | 2838 |
setting forth the maximum
contribution limitations under section | 2839 |
3517.102 of the Revised
Code, the maximum amounts, if any, of | 2840 |
contributions
permitted to
be kept under that section, and the | 2841 |
amounts required under division
(B)(4)(e) of section 3517.10 of | 2842 |
the Revised Code for
reporting contributions and in-kind | 2843 |
contributions at social or fund-raising activities and | 2844 |
contributions from amounts deducted from an employee's wages and | 2845 |
salary, as calculated and certified
pursuant to divisions (A) and | 2846 |
(B)(1) and (2) of
this section. The report and all documents | 2847 |
relating to the
calculations contained in the report are public | 2848 |
records. The
report shall contain an indication of the period in | 2849 |
which the
limitations, the maximum contribution amounts, and the | 2850 |
reporting
amounts apply, a summary of
how the limitations, the | 2851 |
maximum contribution amounts, and the
reporting amounts were | 2852 |
calculated, and a statement that the report and all related | 2853 |
documents are available for inspection and copying at the office | 2854 |
of the secretary of state. | 2855 |
(B)(1) Whenever a candidate, a campaign committee, a | 2885 |
political action committee or political contributing entity with | 2886 |
ten or
more members, or a
legislative
campaign fund makes an | 2887 |
independent
expenditure, or whenever a political action committee | 2888 |
or political
contributing entity with fewer
than ten members makes | 2889 |
an independent expenditure in excess of one hundred
dollars for a | 2890 |
local candidate, in excess of two hundred fifty dollars for a | 2891 |
candidate for the office of member of the general assembly, or in | 2892 |
excess of
five hundred dollars for a statewide candidate, for the | 2893 |
purpose of
financing communications advocating the election or | 2894 |
defeat of an identified candidate or
solicits
without the | 2895 |
candidate's express consent a contribution for or against an | 2896 |
identified candidate through public political
advertising, a | 2897 |
statement shall appear or be presented in a clear
and conspicuous | 2898 |
manner in the advertising that does both of the
following: | 2899 |
(2)(a) Whenever any campaign committee, legislative
campaign | 2908 |
fund, political action committee, political contributing
entity, | 2909 |
or political
party makes an independent expenditure in support of | 2910 |
or
opposition to any candidate, the committee,
entity, fund,
or | 2911 |
party shall
report
the independent expenditure and identify the | 2912 |
candidate on a
statement prescribed by the secretary of state and | 2913 |
filed by the
committee, entity, fund, or political party as part | 2914 |
of its
statement of contributions
and expenditures pursuant to | 2915 |
division
(A) of
section 3517.10 and division (A) of section | 2916 |
3517.11 of
the Revised Code. | 2917 |
(b) Whenever any individual, partnership, or
other entity, | 2918 |
except a corporation, labor organization, campaign
committee, | 2919 |
legislative campaign fund, political action committee,
political | 2920 |
contributing entity, or political party, makes one or more | 2921 |
independent expenditures in
support of or opposition to any | 2922 |
candidate,
the
individual,
partnership, or other entity shall file | 2923 |
with the secretary of
state in the case of a statewide candidate, | 2924 |
or with the board of elections
in the county in which the | 2925 |
candidate files the candidate's petitions for
nomination or | 2926 |
election for district or local office,
not later than the dates | 2927 |
specified in divisions
(A)(1), (2), and (3), and (4) of section | 2928 |
3517.10 of the
Revised Code, and, except as otherwise provided in | 2929 |
that section,
a statement itemizing all
independent expenditures | 2930 |
made during the period since the close
of business on the last day | 2931 |
reflected in the last previously
filed such statement, if any. The | 2932 |
statement shall be made on a
form prescribed by the secretary of | 2933 |
state or shall be filed by
electronic means of transmission | 2934 |
pursuant to division (G) of
section 3517.106 of the Revised Code | 2935 |
as authorized or required by that
division. The
statement shall | 2936 |
indicate the date and the amount of each independent
expenditure | 2937 |
and the candidate on whose behalf it was made and
shall be made | 2938 |
under penalty of election falsification. | 2939 |
(C)(1) Whenever a corporation, labor organization, campaign | 2940 |
committee, political action committee with ten or more members, or | 2941 |
legislative
campaign fund makes an independent expenditure, or | 2942 |
whenever a political action
committee with fewer than ten members | 2943 |
makes an independent expenditure in
excess of one hundred dollars | 2944 |
for a local ballot issue or question, or in
excess of five hundred | 2945 |
dollars for a statewide ballot issue or question, for
the purpose | 2946 |
of financing communications advocating support of or opposition to | 2947 |
an identified ballot issue or question or solicits without the | 2948 |
express consent
of the ballot issue committee a contribution for | 2949 |
or against an identified
ballot issue or question through public | 2950 |
political advertising, a statement
shall appear or be presented in | 2951 |
a clear and conspicuous manner in the
advertising that does both | 2952 |
of the following: | 2953 |
(2)(a) Whenever any corporation, labor organization, campaign | 2962 |
committee, legislative campaign fund, political party, or | 2963 |
political action
committee makes an independent expenditure in | 2964 |
support of or opposition to any
ballot issue or question, the | 2965 |
corporation or labor organization shall report
the independent | 2966 |
expenditure in accordance with division (C) of
section 3599.03 of | 2967 |
the Revised Code, and the campaign committee, fund, party,
or | 2968 |
political
action committee shall report the independent | 2969 |
expenditure and identify the
ballot issue or question on a | 2970 |
statement prescribed by the secretary of state
and filed by the | 2971 |
campaign committee, fund, political party, or political
action | 2972 |
committee as part of its statement of contributions and | 2973 |
expenditures
pursuant to division (A) of section 3517.10 and | 2974 |
division (A)
of section 3517.11 of the Revised Code. | 2975 |
(b) Whenever any individual, partnership, or other entity, | 2976 |
except
a corporation, labor organization, campaign committee, | 2977 |
legislative campaign
fund,
political action committee, or | 2978 |
political party, makes one or more independent
expenditures in | 2979 |
excess of one hundred dollars in support of or opposition to
any | 2980 |
ballot issue or question, the individual, partnership, or other | 2981 |
entity
shall file with the secretary of state in the case of a | 2982 |
statewide ballot
issue or question, or with the board of elections | 2983 |
in the county that
certifies the issue or question for placement | 2984 |
on the ballot in the case of a
district or local issue or | 2985 |
question, not later than the dates specified in
divisiondivisions | 2986 |
(A)(1), (2), and (3), and (4) of section 3517.10 of the Revised | 2987 |
Code, and,
except as
otherwise provided in that section, a | 2988 |
statement itemizing all independent
expenditures made during the | 2989 |
period since the close of business on the last
day
reflected in | 2990 |
the last previously filed such statement, if any. The statement | 2991 |
shall be made on a form prescribed by the secretary of state or | 2992 |
shall be filed by electronic means of transmission pursuant to | 2993 |
division (G) of section 3517.106 of the Revised Code as authorized | 2994 |
or required
by
that division. The statement shall indicate
the | 2995 |
date and the amount of each independent expenditure and the ballot | 2996 |
issue
or question in support of or opposition to which it was made | 2997 |
and shall
be
made under penalty of election falsification. | 2998 |
(3) No person, campaign committee, legislative campaign
fund, | 2999 |
political action committee, corporation, labor organization,
or | 3000 |
other organization or association shall use
or cause to be used a | 3001 |
false or fictitious name in making an
independent expenditure in | 3002 |
support of or opposition to any
candidate or any ballot issue or | 3003 |
question. A name is false or fictitious if
the person, campaign | 3004 |
committee,
legislative campaign fund, political action committee, | 3005 |
corporation, labor organization, or other organization or | 3006 |
association does
not actually exist or operate, if the | 3007 |
corporation, labor organization, or
other organization or | 3008 |
association has failed to file a fictitious name or
other | 3009 |
registration with the secretary of state, if it is required to do | 3010 |
so, or
if the person, campaign committee, legislative campaign | 3011 |
fund,
or political action committee has failed to
file a | 3012 |
designation of the appointment of a
treasurer, if it is required | 3013 |
to do so by division
(D)(1) of section 3517.10 of the Revised | 3014 |
Code. | 3015 |
(C)(1) The secretary of state shall make
available to the | 3056 |
campaign committees, political action
committees, political | 3057 |
contributing entities, legislative
campaign funds, political | 3058 |
parties, individuals,
partnerships, corporations, labor | 3059 |
organizations, and other entities
described in division (B) of | 3060 |
this section, and to
members of the news
media and other | 3061 |
interested persons, for a reasonable fee,
computer programs that | 3062 |
are compatible with the secretary of state's
method of storing the | 3063 |
information contained in the statements. | 3064 |
(E)(1) Subject to division (L) of this section and subject to | 3075 |
the secretary of state having implemented,
tested, and verified | 3076 |
the successful operation of any system the
secretary of
state | 3077 |
prescribes pursuant to division (H)(1) of this
section and | 3078 |
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised | 3079 |
Code for the filing of campaign finance statements by
electronic | 3080 |
means of
transmission,
the campaign
committee of each candidate | 3081 |
for statewide office may
file the
statements prescribed by section | 3082 |
3517.10 of the
Revised
Code by electronic means of
transmission | 3083 |
or, if the total amount
of the contributions received
or the total | 3084 |
amount of the
expenditures made by the campaign
committee for the | 3085 |
applicable
reporting period as specified in
division (A) of | 3086 |
section 3517.10
of the Revised Code exceeds ten thousand
dollars, | 3087 |
shall file those
statements by electronic means of transmission. | 3088 |
Except as otherwise provided in this division,
within five | 3089 |
business days after a statement filed by a campaign committee of a | 3090 |
candidate for statewide office is received by the secretary of | 3091 |
state by
electronic or other means of transmission, the secretary | 3092 |
of state shall make
available online to the public
through the | 3093 |
internet, as provided in division (I) of this section,
the | 3094 |
contribution and expenditure information in that statement.
The | 3095 |
secretary
of state shall not make available online to the public | 3096 |
through the
internet any contribution or expenditure information | 3097 |
contained in a
statement for any candidate until the secretary of | 3098 |
state is able to make
available online to the public through the | 3099 |
internet the
contribution and expenditure information for all | 3100 |
candidates for a
particular office, or until the applicable filing | 3101 |
deadline for that statement has passed, whichever is sooner. As | 3102 |
soon as the secretary of
state has
available all of thatthe | 3103 |
contribution and expenditure information for all candidates for a | 3104 |
particular office, or as soon as the applicable filing deadline | 3105 |
for a statement has passed, whichever is sooner, the secretary of | 3106 |
state shall
simultaneously make available online to the public | 3107 |
through the
internet the information for all candidates for a | 3108 |
particularthat
office. | 3109 |
(2) Subject to division (E)(3) of this section and subject
to | 3127 |
the
secretary of state having implemented, tested, and verified | 3128 |
the successful
operation of any system the secretary of state | 3129 |
prescribes pursuant to division
(H)(1) of this section and | 3130 |
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised | 3131 |
Code for the filing
of campaign finance statements by electronic | 3132 |
means of transmission,
a
political
action committee and a | 3133 |
political
contributing entity described in
division
(B)(2)(1)(b) | 3134 |
of this section,
a legislative campaign fund, and
a state | 3135 |
political party may file
the statements prescribed by
section | 3136 |
3517.10 of the
Revised
Code by electronic means of
transmission | 3137 |
or, if the total amount of the contributions received or the total | 3138 |
amount of the expenditures made by the political action committee, | 3139 |
legislative campaign fund, or state political party for the | 3140 |
applicable reporting period as specified in division (A) of | 3141 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 3142 |
shall file those statements by electronic means of transmission. | 3143 |
If a statement filed by electronic means of transmission is | 3152 |
found to be
incomplete or inaccurate after the examination of the | 3153 |
statement
for completeness and accuracy pursuant to division | 3154 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political | 3155 |
action
committee, political contributing entity, legislative | 3156 |
campaign
fund, or state political party shall file by electronic | 3157 |
means of transmission
any addendum to the
statement that provides | 3158 |
the information necessary to complete or
correct the statement or, | 3159 |
if required by the secretary of state under that
division, an | 3160 |
amended statement. | 3161 |
Within five business days after the secretary of state | 3162 |
receives from a
political action committee or a political | 3163 |
contributing entity described in division (B)(2)(1)(b) of this | 3164 |
section,
a
legislative campaign fund, or a state political party | 3165 |
an
addendum to the statement or an amended statement by electronic | 3166 |
or
other means
of transmission under this
division or division | 3167 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3168 |
state shall make the contribution and expenditure information in | 3169 |
the addendum
or amended statement
available online to the public | 3170 |
through the internet as provided in division (I) of this section. | 3171 |
(3) Subject to the secretary of state having implemented, | 3172 |
tested, and
verified the successful operation of any system the | 3173 |
secretary of state
prescribes pursuant to division (H)(1) of this | 3174 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 3175 |
the Revised Code
for the filing of campaign finance statements by | 3176 |
electronic means of
transmission,
a
political
action committee and | 3177 |
a political contributing entity
described
in division (B)(2) of | 3178 |
this
section, a legislative
campaign fund, and a statecounty | 3179 |
political party
shall file the
statements prescribed by section | 3180 |
3517.10 of the
Revised
Code with respect to its state candidate | 3181 |
fund by
electronic means of
transmission if the total amount of | 3182 |
the
contributions received
or the total amount of the expenditures | 3183 |
made by the political
action committee, political contributing | 3184 |
entity, legislative
campaign fund, or political party for the | 3185 |
applicable reporting
period as specified in division
(A) of | 3186 |
section 3517.10 of the
Revised
Code exceeds ten thousand
dollars | 3187 |
to the office of the secretary of state. | 3188 |
If a statement filed by electronic means of transmission
is | 3198 |
found to be incomplete or inaccurate after the
examination of the | 3199 |
statement for completeness and accuracy
pursuant to division | 3200 |
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political | 3201 |
action
committee, political contributing entity, legislative | 3202 |
campaign
fund, or statea county political party shall file by | 3203 |
electronic
means of transmission
any addendum to the
statement | 3204 |
that provides
the information necessary to complete or
correct the | 3205 |
statement or,
if required by the secretary of state under that | 3206 |
division, an
amended statement. | 3207 |
Within five business days after the secretary of state | 3208 |
receives from a
political action committee or a political | 3209 |
contributing entity described in division (B)(2) of this section, | 3210 |
a
legislative campaign fund, or a statecounty political party an | 3211 |
addendum to the statement or an amended statement by electronic or | 3212 |
other means
of transmission under this
division or division | 3213 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3214 |
state
shall make the contribution and expenditure information in | 3215 |
the addendum or
amended statement available
online to the public | 3216 |
through the
internet as provided in division (I) of this section. | 3217 |
(F)(1) Subject to division (F)(4)(L) of this section and | 3218 |
subject to the secretary of
state having implemented, tested, and | 3219 |
verified the successful operation of any
system the secretary of | 3220 |
state prescribes pursuant to division (H)(1)
of this section and | 3221 |
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised | 3222 |
Code for the filing of campaign
finance statements by electronic | 3223 |
means of transmission or on computer disk,
a campaign committee of | 3224 |
a
candidate for the office of member
of the general assembly or a | 3225 |
campaign committee of a candidate for the office of judge of a | 3226 |
court of appeals may
file the statements prescribed by
section | 3227 |
3517.10 of the
Revised
Code in accordance with division (A)(2) of | 3228 |
section 3517.11 of the Revised Code or by electronic means of | 3229 |
transmission to the office of the secretary of state or, until | 3230 |
March 1, 2004, on computer disk with
the appropriate board
of | 3231 |
elections specified in division (A)(2) of
section 3517.11 of
the | 3232 |
Revised Codeif the total amount of the contributions received by | 3233 |
the campaign committee for the applicable reporting period as | 3234 |
specified in division (A) of section 3517.10 of the Revised Code | 3235 |
exceeds ten thousand dollars, shall file those statements by | 3236 |
electronic means of transmission to the office of the secretary of | 3237 |
state. | 3238 |
Except as otherwise provided in this division, within five | 3239 |
business days
after a statement filed by a campaign committee of a | 3240 |
candidate for the office
of member of the general assembly or a | 3241 |
campaign committee of a candidate for the office of judge of a | 3242 |
court of appeals is
received by the secretary of state by | 3243 |
electronic or other means of
transmission,
the secretary of state | 3244 |
shall make available online
to the public
through the internet, as | 3245 |
provided in division (I) of
this section,
the contribution and | 3246 |
expenditure information in
that
statement. The secretary
of state | 3247 |
shall not make available online
to the public through the
internet | 3248 |
any contribution or expenditure
information contained in a | 3249 |
statement for any candidate until the
secretary of state is able | 3250 |
to make
available online to the public
through the internet the | 3251 |
contribution and expenditure information
for all candidates for a | 3252 |
particular office, or until the applicable filing deadline for | 3253 |
that statement has passed, whichever is sooner. As soon as the | 3254 |
secretary of state has
available all of thatthe contribution and | 3255 |
expenditure information for all candidates for a particular | 3256 |
office, or as soon as the applicable filing deadline for a | 3257 |
statement has passed, whichever is sooner, the
secretary of state | 3258 |
shall
simultaneously make available online to
the public through | 3259 |
the
internet the information for all candidates
for a particular | 3260 |
that
office. | 3261 |
If a statement filed by electronic means of transmission or | 3262 |
on computer
disk
is found to be
incomplete or inaccurate after the | 3263 |
examination of the statement
for completeness and accuracy | 3264 |
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised | 3265 |
Code, the campaign committee
shall file by electronic means of | 3266 |
transmission to the office of the secretary
of state, or, until | 3267 |
March 1,
2004, on computer disk with the
appropriate board
of | 3268 |
elections if the
original statement was filed on computer disk, | 3269 |
any addendum to the statement
that provides the
information | 3270 |
necessary to complete or correct the statement or, if required by | 3271 |
the secretary of state under that division, an amended statement. | 3272 |
(2) Until
March 1,
2004, if a campaign committee of a | 3283 |
candidate for the office of member of the general assembly files
a | 3284 |
statement of contributions and expenditures, an addendum to
the | 3285 |
statement, or an amended statement by electronic means of | 3286 |
transmission or
on computer disk pursuant to division
(F)(1) of | 3287 |
this section, the campaign committee shall
file as prescribed by | 3288 |
section 3517.10 of the Revised Code with the appropriate
board of | 3289 |
elections specified in division
(A)(2) of section 3517.11 of the | 3290 |
Revised
Code a printed version of the
statement, addendum, or | 3291 |
amended statement filed by electronic means of
transmission or on | 3292 |
computer disk, in the format
that the secretary of state shall | 3293 |
prescribe. | 3294 |
If a statement,
addendum, or amended statement is not
filed | 3295 |
by electronic means of
transmission or on computer diskto the | 3296 |
office of the secretary of state but
is filed by printed version | 3297 |
only under division (A)(2) of section 3517.11 of the Revised Code | 3298 |
with the appropriate board of elections, the campaign committee of | 3299 |
a candidate for the office of member of the general assembly or a | 3300 |
campaign committee of a candidate for the office of judge of a | 3301 |
court of appeals shall
file two copies of the printed
version of | 3302 |
the statement, addendum,
or amended statement with the
appropriate | 3303 |
board of elections. The
board of elections shall send
one of those | 3304 |
copies by overnight
delivery service to the secretary
of state | 3305 |
before the close of
business on the day the board of
elections | 3306 |
receives the statement,
addendum, or amended statement. | 3307 |
(3)(a) Subject to division (F)(4) of this section and
subject | 3308 |
to the secretary of state having implemented,
tested, and
verified | 3309 |
the successful operation of any system the secretary of
state | 3310 |
prescribes pursuant
to division (H)(1) of this section and | 3311 |
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised | 3312 |
Code for the filing of campaign
finance statements by electronic | 3313 |
means of transmission or on computer disk,
the secretary of
state | 3314 |
shall assess, and a campaign
committee of a candidate for the | 3315 |
office of
member of the general
assembly shall pay, a fee
as | 3316 |
provided in this
division if the
campaign committee has not filed | 3317 |
the campaign
finance statements
prescribed by section 3517.10 of | 3318 |
the Revised
Code by electronic
means of transmission or on | 3319 |
computer disk pursuant
to
division
(F)(1) of this section. The fee | 3320 |
shall be calculated on
the total
contributions received for the | 3321 |
applicable reporting period
specified in division (A) of section | 3322 |
3517.10 of the Revised
Code
as follows: | 3323 |
(4) Subject to the secretary of state having implemented, | 3348 |
tested, and verified the successful operation of any system the | 3349 |
secretary of state prescribes pursuant to division (H)(1) of this | 3350 |
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of | 3351 |
the Revised Code for the filing of campaign finance
statements by | 3352 |
electronic means of transmission, on and after
March
1,
2004, a | 3353 |
campaign committee of a candidate for the office of member
of the | 3354 |
general
assembly shall file the statements prescribed by
section | 3355 |
3517.10 of
the Revised Code by electronic means of
transmission to | 3356 |
the
secretary of state if the total amount of the
contributions | 3357 |
received by the campaign committee for the
applicable reporting | 3358 |
period as specified in division (A) of
section 3517.10 of the | 3359 |
Revised Code exceeds ten thousand dollars. | 3360 |
Except as otherwise provided in this division,
within five | 3361 |
business days after a statement filed by a campaign committee of a | 3362 |
candidate for the office of member of the general assembly is | 3363 |
received by the
secretary of state by electronic or other means of | 3364 |
transmission,
the secretary of state shall make available online | 3365 |
to the public through the
internet, as provided in division (I) of | 3366 |
this section, the
contribution and expenditure information in that | 3367 |
statement. The secretary
of state shall not make available online | 3368 |
to the public through the
internet any contribution or expenditure | 3369 |
information contained in a
statement for any candidate until the | 3370 |
secretary of state is able to make
available online to the public | 3371 |
through the internet the
contribution and expenditure information | 3372 |
for all candidates for a
particular office. As soon as the | 3373 |
secretary of state has
available all of that information, the | 3374 |
secretary of state shall
simultaneously make available online to | 3375 |
the public through the
internet the information for all candidates | 3376 |
for a particular
office. | 3377 |
(G)(1) Subject to division (G)(2) of this section and
subject | 3396 |
to the secretary of state having implemented, tested, and
verified | 3397 |
the
successful operation of any system the secretary of
state | 3398 |
prescribes pursuant
to division (H)(1) of this section and | 3399 |
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3400 |
Code
for the filing of campaign finance statements by electronic | 3401 |
means of
transmission,
any
individual, partnership, or
other | 3402 |
entity that makes independent
expenditures in support of or | 3403 |
opposition to a statewide candidate
or a statewide ballot issue or | 3404 |
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section | 3405 |
3517.105 of the Revised Code may
file the statement
specified in | 3406 |
that division by electronic means
of transmission or, if the total | 3407 |
amount of independent expenditures made during the reporting | 3408 |
period under that division exceeds ten thousand dollars, shall | 3409 |
file the statement specified in that division by electronic means | 3410 |
of transmission. | 3411 |
(2) Subject to the secretary of state having implemented, | 3437 |
tested, and
verified the successful operation of any system the | 3438 |
secretary of state
prescribes pursuant to division (H)(1) of this | 3439 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 3440 |
the Revised Code
for the filing of campaign finance statements by | 3441 |
electronic means of
transmission,
any individual, partnership, or | 3442 |
other entity that makes
independent
expenditures in support of or | 3443 |
opposition to a
statewide
candidate or a statewide ballot issue or | 3444 |
question as
provided in
division (B)(2)(b) or
(C)(2)(b) of section | 3445 |
3517.105 of
the
Revised Code shall file the statement
specified in | 3446 |
that
division by electronic means of transmission if the total | 3447 |
amount
of the independent expenditures made during
the reporting | 3448 |
period
under that division exceeds ten thousand dollars. | 3449 |
(H)(1) The secretary of
state, by rule adopted pursuant to | 3475 |
section 3517.23 of the
Revised
Code, shall prescribe one or
more | 3476 |
techniques by which a person who executes
and transmits by | 3477 |
electronic means a statement of contributions
and expenditures, a | 3478 |
statement of independent expenditures, a disclosure of | 3479 |
electioneering communications statement, or a deposit and | 3480 |
disbursement statement, an
addendum to either
statementany of | 3481 |
those statements, an amended statement of contributions and | 3482 |
expenditures,
or an amended statement of independent expenditures, | 3483 |
an amended disclosure of electioneering communications statement, | 3484 |
or an amended deposit and disbursement statement, under this | 3485 |
section or section
3517.10 or, 3517.105, 3517.1011, or 3517.1012 | 3486 |
of the Revised
Code shall
electronically sign
the statement, | 3487 |
addendum, or amended statement.
Any technique prescribed by
the | 3488 |
secretary of state pursuant to
this division shall create an | 3489 |
electronic
signature that satisfies
all of the following: | 3490 |
(2) An electronic signature prescribed by the secretary of | 3500 |
state under
division
(H)(1) of this section shall be
attached to | 3501 |
or associated with the statement of contributions
and | 3502 |
expenditures, the statement of independent expenditures,
the | 3503 |
disclosure of electioneering communications statement, or the | 3504 |
deposit and disbursement statement, the
addendum to either | 3505 |
statementany of those statements, the amended statement of | 3506 |
contributions
and expenditures, or the amended statement of | 3507 |
independent expenditures, the amended disclosure of electioneering | 3508 |
communications statement, or the amended deposit and disbursement | 3509 |
statement
that is executed and
transmitted by
electronic means by | 3510 |
the person to whom the
electronic signature is
attributed. The | 3511 |
electronic signature
that is attached to or
associated with the | 3512 |
statement, addendum, or amended
statement
under this division | 3513 |
shall be binding on all persons and for all
purposes under the | 3514 |
campaign finance reporting law as if the
signature had
been | 3515 |
handwritten in ink on a printed form of the
statement,
addendum, | 3516 |
or amended statement. | 3517 |
(I) The secretary of state shall make the contribution and | 3518 |
expenditure, the contribution and disbursement, or the deposit and | 3519 |
disbursement information in all statements, all addenda to the | 3520 |
statements, and
all amended statements that are filed with the | 3521 |
secretary of state by
electronic or other means of transmission | 3522 |
under this section or section
3517.10, 3517.105, 3517.1011, | 3523 |
3517.1012, or 3517.11 of the
Revised Code available
online to the | 3524 |
public by any means that are
searchable, viewable, and
accessible | 3525 |
through the internet. | 3526 |
(K) It is an affirmative defense to a complaint or charge | 3560 |
brought against any campaign committee, political action | 3561 |
committee,
legislative campaign fund, or political party, | 3562 |
political
contributing entity, orany individual, partnership, or | 3563 |
other entity, or any electioneering communication committee,
for | 3564 |
the failure to file by electronic
means of transmission a
campaign | 3565 |
finance
statement as required by this section or section
3517.10 | 3566 |
or, 3517.105, 3517.1011, or 3517.1012 of the Revised Code that
all | 3567 |
of the
following
apply to the campaign committee, political action | 3568 |
committee,
legislative campaign fund, or political party, | 3569 |
political contributing
entity, orthe individual, partnership, or | 3570 |
other entity, or the electioneering communication committee, that | 3571 |
failed to so
file the required
statement: | 3572 |
(2) The campaign committee, political action committee, | 3579 |
legislative
campaign fund, or political party, political | 3580 |
contributing
entity, orthe individual,
partnership, or other | 3581 |
entity, or the electioneering communication committee was unable | 3582 |
to
file by electronic means of
transmission due to an
expected or | 3583 |
unexpected shutdown of the whole or part of the electronic | 3584 |
campaign finance statement-filing system, such as for maintenance | 3585 |
or because
of hardware, software, or network connection failure. | 3586 |
(2) The process for permitting campaign committees that would | 3648 |
otherwise be required to file campaign finance statements by | 3649 |
electronic means of transmission to file those statements on paper | 3650 |
with the office of the secretary of state that is required to be | 3651 |
developed under division (L)(1) of this section shall be in effect | 3652 |
and available for use by eligible campaign committees for all | 3653 |
campaign finance statements that are required to be filed on or | 3654 |
after June 30, 2005. Notwithstanding any provision of the Revised | 3655 |
Code to the contrary, if the process the secretary of state is | 3656 |
required to develop under division (L)(1) of this section is not | 3657 |
in effect and available for use on and after June 30, 2005, all | 3658 |
penalties for the failure of campaign committees to file campaign | 3659 |
finance statements by electronic means of transmission shall be | 3660 |
suspended until such time as that process is in effect and | 3661 |
available for use. | 3662 |
(B) Whenever the campaign committee of a candidate
has unpaid | 3687 |
debt at the end of a primary election period or at
the end of a | 3688 |
general election period, the committee may accept
additional | 3689 |
contributions during the immediately following
election period up | 3690 |
to the applicable limitation prescribed under
section 3517.102 of | 3691 |
the Revised Code from any individual,
political action committee, | 3692 |
political contributing entity, or
other campaign committee who, | 3693 |
during the primary or general election period for which debt | 3694 |
remains unpaid, has contributed less than the contribution | 3695 |
limitations prescribed under section 3517.102 of the
Revised Code | 3696 |
applicable to that individual, political action committee, | 3697 |
political contributing entity, or
other campaign
committee. Any | 3698 |
additional contribution that a campaign committee accepts
under | 3699 |
this division shall count toward the applicable limitations | 3700 |
prescribed
under section 3517.102 of the Revised Code for that | 3701 |
primary or general
election period at the end of which the debt | 3702 |
remains
unpaid, and shall not count toward the applicable | 3703 |
limitations for any other
primary or general election period if | 3704 |
all of the following conditions apply: | 3705 |
(1) The campaign committee reports, on the statement
required | 3706 |
to be filed under division (A)(2) of section 3517.10 of the | 3707 |
Revised
Code, all debt remaining unpaid
at the end of the election | 3708 |
period. The committee shall also file a separate
statement, on a | 3709 |
form prescribed by the secretary of state, at the same time
that | 3710 |
the committee is required to file a statement of contributions and | 3711 |
expenditures under section 3517.10 of the Revised Code. The | 3712 |
separate
statement shall include the name and address of each | 3713 |
contributor who makes
an additional contribution under division | 3714 |
(B) of this section, how the
contribution was applied to pay the | 3715 |
unpaid debt as required by division (B)(3)
of this section, and | 3716 |
the balance of the unpaid debt after each contribution
was applied | 3717 |
to it. | 3718 |
(3) "Contribution" means any loan, gift, deposit, forgiveness | 3930 |
of indebtedness, donation, advance, payment, or transfer of funds | 3931 |
or of anything of value, including a transfer of funds from an | 3932 |
inter vivos or testamentary trust or decedent's estate, and the | 3933 |
payment by any person other than the person to whom the services | 3934 |
are rendered for the personal services of another person, that is | 3935 |
made, received, or used to pay the direct costs of producing or | 3936 |
airing electioneering communications. | 3937 |
(4)(a) "Coordinated electioneering communication" means any | 3938 |
electioneering communication that is made pursuant to any | 3939 |
arrangement, coordination, or direction by a candidate or a | 3940 |
candidate's campaign committee, by an officer, agent, employee, or | 3941 |
consultant of a candidate or a candidate's campaign committee, or | 3942 |
by a former officer, former agent, former employee, or former | 3943 |
consultant of a candidate or a candidate's campaign committee | 3944 |
prior to the airing, broadcasting, or cablecasting of the | 3945 |
communication. An electioneering communication is presumed to be a | 3946 |
"coordinated electioneering communication" when it is either of | 3947 |
the following: | 3948 |
(i) Based on information about a candidate's plans, projects, | 3949 |
or needs provided to the electioneering communication committee | 3950 |
making the disbursement by the candidate or the candidate's | 3951 |
campaign committee, by an officer, agent, employee, or consultant | 3952 |
of the candidate or the candidate's campaign committee, or by a | 3953 |
former officer, former agent, former employee, or former | 3954 |
consultant of the candidate or the candidate's campaign committee, | 3955 |
with a view toward having the communication made; | 3956 |
(ii) Made by or through any person who is, or has been, | 3957 |
authorized to raise or expend funds on behalf of a candidate or | 3958 |
the candidate's campaign committee, who is, or has been, an | 3959 |
officer, agent, employee, or consultant of the candidate or of the | 3960 |
candidate's campaign committee, or who is, or has been, receiving | 3961 |
any form of compensation or reimbursement from the candidate or | 3962 |
the candidate's campaign committee or from an officer, agent, | 3963 |
employee, or consultant of the candidate or of the candidate's | 3964 |
campaign committee. | 3965 |
(i) A communication that is publicly disseminated through a | 4002 |
means of communication other than a broadcast, cable, or satellite | 4003 |
television or radio station. For example, "electioneering | 4004 |
communication" does not include communications appearing in print | 4005 |
media, including a newspaper or magazine, handbill, brochure, | 4006 |
bumper sticker, yard sign, poster, billboard, and other written | 4007 |
materials, including mailings; communications over the internet, | 4008 |
including electronic mail; or telephone communications. | 4009 |
(e) If the disbursements were paid out of a segregated bank | 4091 |
account that consists of funds contributed solely by individuals | 4092 |
who are United States citizens or nationals or lawfully admitted | 4093 |
for permanent residence as defined in section 101(a)(20) of the | 4094 |
Immigration and Nationality Act directly to the account for | 4095 |
electioneering communications, the information specified in | 4096 |
division (D)(2) of this section for all contributors who | 4097 |
contributed an aggregate amount of two hundred dollars or more to | 4098 |
the segregated bank account during the period beginning on the | 4099 |
first day of the preceding calendar year and ending on the | 4100 |
disclosure date. Nothing in this division prohibits or shall be | 4101 |
construed to prohibit the use of funds in such a segregated bank | 4102 |
account for a purpose other than electioneering communications. | 4103 |
(3) Subject to the secretary of state having implemented, | 4134 |
tested, and verified the successful operation of any system the | 4135 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 4136 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 | 4137 |
of the Revised Code for the filing of campaign finance statements | 4138 |
by electronic means of transmission, an electioneering | 4139 |
communication committee shall file the disclosure of | 4140 |
electioneering communications statement prescribed under divisions | 4141 |
(D)(1) and (2) of this section by electronic means of transmission | 4142 |
to the office of the secretary of state. | 4143 |
If a filed disclosure of electioneering communications | 4150 |
statement is found to be incomplete or inaccurate after its | 4151 |
examination for completeness and accuracy pursuant to division | 4152 |
(B)(3)(a) of section 3517.11 of the Revised Code, the | 4153 |
electioneering communication committee shall file by electronic | 4154 |
means of transmission to the office of the secretary of state any | 4155 |
addendum, amendment, or other correction to the statement that | 4156 |
provides the information necessary to complete or correct the | 4157 |
statement or, if required by the secretary of state under that | 4158 |
division, an amended statement. | 4159 |
Within five business days after the secretary of state | 4160 |
receives an addendum, amendment, or other correction to a | 4161 |
disclosure of electioneering communications statement or an | 4162 |
amended statement by electronic means of transmission under this | 4163 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 4164 |
Code, the secretary of state shall make the contribution and | 4165 |
disbursement information in the addendum, amendment, or other | 4166 |
correction to the statement or amended statement available online | 4167 |
to the public through the internet as provided in division (I) of | 4168 |
section 3517.106 of the Revised Code. | 4169 |
(2) Any individual who makes a contribution or contributions | 4175 |
aggregating two hundred dollars or more during the period | 4176 |
specified in division (D)(1)(e) or (f) of this section, as | 4177 |
applicable, for the purpose of funding the direct costs of | 4178 |
producing or airing an electioneering communication under this | 4179 |
section shall provide the name of the individual's current | 4180 |
employer, if any, or, if the individual is self-employed, the | 4181 |
individual's occupation and the name of the individual's business, | 4182 |
if any, to the recipient of the contribution at the time the | 4183 |
contribution is made. | 4184 |
(B) Except as otherwise provided in this division, a state or | 4223 |
county political party shall file deposit and disbursement | 4224 |
statements, in the same manner as the party is required to file | 4225 |
statements of contributions and expenditures under section 3517.10 | 4226 |
of the Revised Code, regarding all deposits made into, and all | 4227 |
disbursements made from, the party's restricted fund. Deposit and | 4228 |
disbursement statements filed in accordance with this division by | 4229 |
a county political party shall be filed by electronic means of | 4230 |
transmission to the office of the secretary of state at the times | 4231 |
specified in division (A) of section 3517.10 of the Revised Code | 4232 |
for the filing of statements of contributions and expenditures if | 4233 |
the county political party accepts gifts from a corporation or | 4234 |
labor organization under division (A)(2) of this section. | 4235 |
Sec. 3517.11. (A)(1) Campaign committees of candidates
for | 4236 |
statewide officesoffice or the state board of education, | 4237 |
political
action committees or political contributing entities | 4238 |
that make
contributions to campaign committees
of candidates that | 4239 |
are
required to file the statements prescribed by section
3517.10 | 4240 |
of
the Revised Code with the secretary of state,
political action | 4241 |
committees or political contributing entities that
make | 4242 |
contributions to campaign
committees of candidates for member of | 4243 |
the general assembly,
political action committees or political | 4244 |
contributing entities that
make contributions to state and | 4245 |
national political parties and to legislative campaign
funds, | 4246 |
political action committees or political contributing entities | 4247 |
that
receive contributions or make expenditures in connection with | 4248 |
a
statewide ballot issue, political action committees or political | 4249 |
contributing entities that make
contributions to other political | 4250 |
action committees or political
contributing entities, political | 4251 |
parties, and campaign committees, except as set forth in division | 4252 |
(A)(3) of this section, legislative campaign funds,
and state and | 4253 |
national political parties
shall file the statements prescribed by | 4254 |
section 3517.10 of the
Revised Code with the secretary of state. | 4255 |
(b) A campaign committee of a candidate for office of member | 4262 |
of
the
general assembly or a campaign committee of a candidate for | 4263 |
the office of judge of a court of appeals shall file two copies of | 4264 |
the printed version
of
any statement, addendum, or amended | 4265 |
statement if the committee
does not file by electronic means of | 4266 |
transmission or on computer
disk pursuant to division (F)(1) or | 4267 |
(L) of section 3517.106 of the
Revised Code but files by printed | 4268 |
version only with
the
appropriate board of elections. The board of | 4269 |
elections shall send
one of
those copies by overnight delivery | 4270 |
service to the secretary
of state
before the close of business on | 4271 |
the day the board of
elections
receives the statement, addendum, | 4272 |
or amended statement. | 4273 |
(3) Political action committees or political contributing | 4274 |
entities
that only contribute to a
county political party, | 4275 |
contribute to campaign committees of
candidates whose nomination | 4276 |
or election is to be submitted only
to electors within a county, | 4277 |
subdivision, or district, excluding
candidates for member of the | 4278 |
general assembly, and receive
contributions or make expenditures | 4279 |
in connection with ballot
questions or issues to be submitted only | 4280 |
to electors within a
county, subdivision, or district shall file | 4281 |
the statements
prescribed by section 3517.10 of the Revised Code | 4282 |
with the board
of elections in that county or in the county | 4283 |
contained in whole
or part within the subdivision or district | 4284 |
having a population
greater than that of any other county | 4285 |
contained in whole or part
within that subdivision or district, as | 4286 |
the case may be. | 4287 |
(2) On or before the tenth day before the dates on which | 4300 |
statements are required to be filed by section 3517.10 of the | 4301 |
Revised Code, every candidate subject to the provisions of this | 4302 |
section and sections 3517.10 and
3517.106 of the Revised
Code | 4303 |
shall be notified
of the requirements and applicable penalties of | 4304 |
those sections.
The secretary of state, by certified mail, return | 4305 |
receipt
requested, shall
notify all candidates required to file | 4306 |
those statements with the secretary of state's office. The
board | 4307 |
of elections of every
county shall notify by first class mail any | 4308 |
candidate who has
personally appeared at the office of the board | 4309 |
on or before the
tenth day before the statements are required to | 4310 |
be
filed and signed a form,
to be provided by the secretary of | 4311 |
state, attesting that the
candidate has been notified of the | 4312 |
candidate's obligations
under the campaign
finance law. The board | 4313 |
shall forward the completed form to
the
secretary of state. The | 4314 |
board shall use certified mail,
return receipt requested, to | 4315 |
notify all other candidates required
to file those statements with | 4316 |
it. | 4317 |
(3)(a) Any statement required to be filed under sections | 4318 |
3517.081
to 3517.17 of the Revised Code that is found
to be | 4319 |
incomplete or inaccurate by the officer to whom it is submitted | 4320 |
shall be
accepted on a conditional basis, and the person who filed | 4321 |
it
shall be notified by certified mail as to the incomplete or | 4322 |
inaccurate nature of the statement. The secretary of state
may | 4323 |
examine statements filed for candidates for the office of
member | 4324 |
of the general assembly and candidates for the office of judge of | 4325 |
a court of appeals for completeness and accuracy.
The secretary of | 4326 |
state shall examine
for
completeness and accuracy statements that | 4327 |
campaign committees
of candidates for the office
of member of the | 4328 |
general assembly and campaign committees of candidates for the | 4329 |
office of judge of a court of appeals
file by electronic means of | 4330 |
transmission
pursuant to division (F) or (L)
of section 3517.106 | 4331 |
of the Revised Code. If
an officer at the
board of elections where | 4332 |
a statement filed for a candidate
for the
office of member of the | 4333 |
general
assembly or for a candidate for the office of judge of a | 4334 |
court of appeals was submitted finds the
statement to be | 4335 |
incomplete or
inaccurate, the officer shall
immediately notify the | 4336 |
secretary of state of
its incomplete or
inaccurate nature. If | 4337 |
either an officer at the
board of elections
or the secretary of | 4338 |
state finds a statement filed for a
candidate
for the office of | 4339 |
member of the general
assembly or for a candidate for the office | 4340 |
of judge of a court of appeals to be incomplete
or inaccurate, | 4341 |
only the
secretary of state shall send the
notification as to the | 4342 |
incomplete or
inaccurate nature of the
statement. | 4343 |
Within twenty-one
days
after
receipt of the notice, in the | 4344 |
case of a
pre-election statement, a
postelection
statement, a | 4345 |
monthly statement, or an annual statement, or a semiannual | 4346 |
statement
prescribed
by section 3517.10, an annual statement | 4347 |
prescribed by section
3517.101, or a statement
prescribed by | 4348 |
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or
section | 4349 |
3517.107 of the
Revised
Code,
the recipient shall file an | 4350 |
addendum, amendment, or other
correction to the statement | 4351 |
providing
the information necessary to
complete or correct the | 4352 |
statement.
The secretary of state may
require that, in lieu of | 4353 |
filing
an addendum, amendment, or other
correction to a statement | 4354 |
that
is filed by electronic means of
transmission to the office of | 4355 |
the secretary of state or on
computer disk with the appropriate | 4356 |
board of
elections pursuant to
section 3517.106 of the
Revised | 4357 |
Code, the recipient of the
notice
described in this division file | 4358 |
by electronic means of
transmission,
or, until
March 1,
2004, on | 4359 |
computer disk
with the appropriate
board of elections if the | 4360 |
original
statement
was filed on computer disk, an amended | 4361 |
statement that incorporates
the information necessary
to complete | 4362 |
or correct the statement.
The | 4363 |
The provisions of sections 3517.10 and,
3517.106, 3517.1011, | 4380 |
and 3517.1012 of the Revised Code pertaining to
the filing of | 4381 |
statements of contributions and expenditures and, statements of | 4382 |
independent expenditures, disclosure of electioneering | 4383 |
communications statements, and deposit and disbursement statements | 4384 |
by electronic means of transmission or on
computer
disk apply to | 4385 |
the filing of addenda, amendments, or other
corrections to those | 4386 |
statements by electronic means of
transmission or, until
March 1,
| 4387 |
2004, on computer disk and
the
filing of amended statements by | 4388 |
electronic means of
transmission or, until
March 1,
2004, on | 4389 |
computer disk. | 4390 |
(b) Within five business days after the secretary
of state | 4391 |
receives, by electronic or other means of transmission, an | 4392 |
addendum,
amendment, or other correction to a statement or an | 4393 |
amended statement under
division (B)(3)(a) of this section, the | 4394 |
secretary of
state, pursuant to divisions (E), (F), (G), and
(I) | 4395 |
of section 3517.106 or division (D) of section 3517.1011 of the | 4396 |
Revised Code, shall make the
contribution and
expenditure, | 4397 |
contribution and disbursement, or deposit and disbursement | 4398 |
information in that
addendum,
amendment, correction, or amended | 4399 |
statement available online to
the
public through the internet. | 4400 |
(C)(1) In the event of a failure to file or a late filing
of | 4415 |
a statement required to be filed under sections 3517.081 to | 4416 |
3517.17 of the Revised Code, or if a filed statement or any | 4417 |
addendum, amendment, or other correction to thea statement or any | 4418 |
amended statement, if an addendum, amendment, or other correction | 4419 |
or an amended statement is required to be
filed,
is incomplete or | 4420 |
inaccurate or appears to disclose a failure to
comply with or a | 4421 |
violation of law, the official whose duty
it is
to examine the | 4422 |
statement shall promptly file a complaint
with the
Ohio elections | 4423 |
commission
under section 3517.153 of the Revised
Code if the law | 4424 |
is one over which the
commission has
jurisdiction
to hear | 4425 |
complaints, or the official
shall promptly report the
failure or | 4426 |
violation to the board of elections and the board shall
promptly | 4427 |
report it to the prosecuting attorney in accordance with
division | 4428 |
(J)
of section 3501.11 of the Revised Code. If the
official
files | 4429 |
a complaint with the
commission, the commission
shall proceed in | 4430 |
accordance with sections 3517.154
to 3517.157 of
the Revised Code. | 4431 |
(2) For purposes of division (C)(1) of this section, a | 4432 |
statement
or an addendum, amendment, or other correction to a | 4433 |
statement or an amended statement required to be
filed under | 4434 |
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or | 4435 |
inaccurate under this section if the statement or, addendum, | 4436 |
amendment, other correction, or amended statement fails
to | 4437 |
disclose substantially all contributions that are received
from
a | 4438 |
source and thator deposits that are made that are required to be | 4439 |
reported under
sections
3517.10, 3517.107, and 3517.108, | 4440 |
3517.1011, and 3517.1012 of the
Revised
Code or if the
statement | 4441 |
or,
addendum, amendment, other correction, or amended statement | 4442 |
fails to disclose at least ninety per cent
of the total | 4443 |
contributions received or deposits made or of the total | 4444 |
expenditures
or disbursements made during
the reporting period. | 4445 |
(H) No person within this state, publishing a newspaper or | 4501 |
other periodical, shall charge a campaign committee for political | 4502 |
advertising a rate in excess of the rate such person would charge | 4503 |
if the campaign committee were a general rate advertiser whose | 4504 |
advertising was directed to promoting its business within the
same | 4505 |
area as that encompassed by the particular office
that the | 4506 |
candidate of the campaign committee is seeking. The rate shall | 4507 |
take into account the amount of space used, as well as the type
of | 4508 |
advertising copy submitted by or on behalf of the campaign | 4509 |
committee. All discount privileges otherwise offered by a | 4510 |
newspaper or periodical to general rate advertisers shall be | 4511 |
available upon equal terms to all campaign committees. | 4512 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 4523 |
section, no agency or department of this state or any political | 4524 |
subdivision shall award any contract, other than one let by | 4525 |
competitive bidding or a contract incidental to such contract or | 4526 |
which is by force account, for the purchase of goods costing more | 4527 |
than five hundred dollars or services costing more than five | 4528 |
hundred dollars to any individual, partnership, association, | 4529 |
including, without limitation, a professional association | 4530 |
organized under Chapter 1785. of the Revised Code, estate, or | 4531 |
trust if the individual has made or the individual's spouse
has | 4532 |
made, or any
partner, shareholder, administrator, executor, or | 4533 |
trustee, or the
spousesspouse of any of them
has
made, as an | 4534 |
individual,
within the two
previous calendar years, one or more | 4535 |
contributions
totaling in
excess of one thousand dollars to the | 4536 |
holder of the
public office
having ultimate responsibility for the | 4537 |
award of the
contract or
to the public officer's campaign | 4538 |
committee. | 4539 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 4540 |
section, no agency or department of this state or any political | 4541 |
subdivision shall award any contract, other than one let by | 4542 |
competitive bidding or a contract incidental to such contract or | 4543 |
which is by force account, for the purchase of goods costing more | 4544 |
than five hundred dollars or services costing more than five | 4545 |
hundred dollars to a corporation or business trust, except a | 4546 |
professional association organized under Chapter 1785. of the | 4547 |
Revised Code, if an owner of more than twenty per cent of the | 4548 |
corporation or business trust or the spouse of suchthat person, | 4549 |
has
made, as an individual, within the two previous calendar | 4550 |
years,
taking into consideration only owners for all of suchthat | 4551 |
period, one
or more contributions totaling in excess of one | 4552 |
thousand dollars
to the holder of a public office having ultimate | 4553 |
responsibility
for the award of the contract or to the public | 4554 |
officer's campaign
committee. | 4555 |
(K) For purposes of divisions (I) and (J) of this section,
if | 4556 |
a public officer who is responsible for the award of a
contract
is | 4557 |
appointed by the governor, whether or not the
appointment is | 4558 |
subject to the advice and consent of the senate,
excluding members | 4559 |
of boards, commissions, committees,
authorities, councils, boards | 4560 |
of trustees, task forces, and other
such entities appointed by the | 4561 |
governor, the office of the
governor is considered to have | 4562 |
ultimate responsibility for the
award of the contract. | 4563 |
(L) For purposes of divisions (I) and (J) of this section,
if | 4564 |
a public officer who is responsible for the award of a
contract
is | 4565 |
appointed by the elected chief executive officer of a
municipal | 4566 |
corporation, or appointed by the elected chief
executive officer | 4567 |
of a county operating under an alternative form
of county | 4568 |
government or county charter, excluding members of
boards, | 4569 |
commissions, committees, authorities, councils, boards of | 4570 |
trustees, task forces, and other such entities appointed by the | 4571 |
chief executive officer, the office of the chief executive
officer | 4572 |
is considered to have ultimate responsibility for the
award of the | 4573 |
contract. | 4574 |
(M)(1) Divisions (I) and (J) of this section do not apply
to | 4575 |
contracts awarded by the board of commissioners of the sinking | 4576 |
fund, municipal legislative authorities, boards of education, | 4577 |
boards of county commissioners, boards of township trustees, or | 4578 |
other boards, commissions, committees, authorities, councils, | 4579 |
boards of trustees, task forces, and other such entities created | 4580 |
by law, by the supreme court or courts of appeals, by county | 4581 |
courts consisting of more than one judge, courts of common pleas | 4582 |
consisting of more than one judge, or municipal courts consisting | 4583 |
of more than one judge, or by a division of any court if the | 4584 |
division consists of more than one judge. Division (M)(1) of
this | 4585 |
sectionThis division shall apply to the specified entity only if | 4586 |
the
members of
the entity act collectively in the award of a | 4587 |
contract
for goods
or services. | 4588 |
(2) Divisions (I) and (J) of this section do not apply to | 4600 |
contributions of a partner, shareholder, administrator, executor, | 4601 |
trustee, or owner of more than twenty per cent of a corporation
or | 4602 |
business trust made before the person held any of those
positions | 4603 |
or after the person ceased to hold any of those
positions in the | 4604 |
partnership, association, estate, trust,
corporation, or business | 4605 |
trust whose eligibility to be awarded a
contract is being | 4606 |
determined, nor to contributions of the
person's spouse made | 4607 |
before the person held any of those
positions, after the person | 4608 |
ceased to hold any of those
positions, before the two were | 4609 |
married, or after the granting of
a decree of divorce, dissolution | 4610 |
of marriage, or nullityannulment, or after the
granting of an | 4611 |
order in an action
brought solely for legal
separation. These | 4612 |
Those divisions do not apply
to contributions of the
spouse of an | 4613 |
individual whose eligibility
to be awarded a
contract is being | 4614 |
determined made before the two
were married, or
after the granting | 4615 |
of a decree of divorce,
dissolution of
marriage, or nullity | 4616 |
annulment, or after the granting of an order
in an action
brought | 4617 |
solely for legal separation. | 4618 |
(P) No beneficiary of a campaign fund shall knowingly
accept, | 4653 |
and no person shall knowingly give to the beneficiary of
a | 4654 |
campaign fund, reimbursement for an expense under division (O)
of | 4655 |
this section to the extent that the expense previously was | 4656 |
reimbursed or paid from another source of funds. If an expense
is | 4657 |
reimbursed under division (O) of this section and is later
paid or | 4658 |
reimbursed, wholly or in part, from another source of
funds, the | 4659 |
beneficiary shall repay the reimbursement received
under division | 4660 |
(O) of this section to the extent of the payment
made or | 4661 |
reimbursement received from the other source. | 4662 |
(Q) No candidate or public official or employee shall
accept | 4663 |
for personal or business use anything of value from a
political | 4664 |
party, political action committee,
political contributing entity, | 4665 |
legislative campaign fund, or
campaign
committee other than the | 4666 |
candidate's or public
official's or
employee's own campaign | 4667 |
committee, and no person shall knowingly
give to a candidate or | 4668 |
public official or employee anything of
value from a political | 4669 |
party, political action committee,
political contributing entity, | 4670 |
legislative campaign fund, or
such
a campaign committee, except | 4671 |
for the following: | 4672 |
Reimbursable expenses under this division do not include,
and | 4694 |
it is a violation of this division for a candidate or public | 4695 |
official or employee to accept, or for any person to knowingly | 4696 |
give to a candidate or public official or employee from a | 4697 |
political party, political action committee,
political | 4698 |
contributing entity,
legislative campaign fund, or campaign | 4699 |
committee other than the candidate's or public
official's or | 4700 |
employee's own campaign committee, anything of value for | 4701 |
activities primarily related to the candidate's or public | 4702 |
official's or employee's own campaign for election,
except for | 4703 |
contributions to the candidate's or public official's
or | 4704 |
employee's
campaign committee. | 4705 |
(2) No candidate, campaign committee, political action | 4776 |
committee,
political contributing entity, legislative campaign | 4777 |
fund, state candidate
fund, political party, or separate | 4778 |
segregated fund shall solicit or accept a contribution, | 4779 |
expenditure, or
independent expenditure from a foreign national. | 4780 |
The secretary of state
may direct any candidate,
committee, fund, | 4781 |
entity, or party that accepts a contribution,
expenditure, or | 4782 |
independent expenditure in violation of this
division to return | 4783 |
the contribution, expenditure, or independent
expenditure or, if | 4784 |
it is not possible to return the contribution, expenditure,
or | 4785 |
independent expenditure, then to return instead the value of it, | 4786 |
to
the contributor. | 4787 |
(2) If a complaint filed with the Ohio
elections commission | 4826 |
created under section 3517.152 of the
Revised Code alleges an act | 4827 |
or failure to act
that is a violation of section 3517.13 of the | 4828 |
Revised
Code, former divisions (A) to (R) of that
section apply to | 4829 |
the
act or failure to act if it occurred before
August 24,
1995, | 4830 |
former
divisions (A) to (U) of that
section apply to the act or | 4831 |
failure
to act if
it occurs on or after
August 24, 1995, but | 4832 |
before July
13, 1998, former
divisions
(A) to (V) of that section | 4833 |
apply to the act or
failure to
act if it occurs on or after July | 4834 |
13, 1998, but before
the effective
date of this amendmentDecember | 4835 |
22, 1999, andformer divisions (A) to (W) of
that
section apply to | 4836 |
the act or failure to act if it occurs on or
after
the
effective | 4837 |
date of this amendmentDecember 22, 1999, but before the effective | 4838 |
date of this amendment, and divisions (A) to (X) of that section | 4839 |
apply to the act or failure to act if it occurs on or after the | 4840 |
effective date of this amendment. | 4841 |
Not later than forty-five days after
August 24, 1995,
the | 4847 |
speaker of the house of representatives and the leader in the | 4848 |
senate of the
political party of which the speaker is a member | 4849 |
shall jointly submit to the
governor a list of five persons who | 4850 |
are affiliated with that political party.
Not later than | 4851 |
forty-five days after
August 24, 1995, the
two legislative leaders | 4852 |
in the two houses of the general assembly of the major
political | 4853 |
party of which the speaker is not a member shall jointly submit to | 4854 |
the governor a list of five persons who are affiliated with the | 4855 |
major
political
party of which the speaker is not a member. Not | 4856 |
later than fifteen days after
receiving each list, the governor | 4857 |
shall appoint three persons from each list
to
the commission. The | 4858 |
governor shall appoint one person from each list to a
term
that | 4859 |
ends on December 31, 1996, one person from each list to a term | 4860 |
that ends on December 31, 1997, and one person from each list to a | 4861 |
term that ends on December 31, 1998. | 4862 |
Not later than thirty days after the governor appoints these | 4863 |
six
members,
they shall, by a majority vote, appoint to the | 4864 |
commission a seventh member,
who shall not be affiliated with a | 4865 |
political party. If the six members fail
to appoint the seventh | 4866 |
member within this thirty-day period, the chief justice
of the | 4867 |
supreme court, not later than thirty days after the end of the | 4868 |
period
during which the six members were required to appoint a | 4869 |
member, shall appoint
the seventh member, who shall not be | 4870 |
affiliated with a political party. The
seventh member shall be | 4871 |
appointed to a term that ends on December 31,
2001. Terms of the | 4872 |
initial members appointed under this division
begin on January 1, | 4873 |
1996. | 4874 |
(2) If a vacancy occurs in the position of the seventh | 4875 |
member, who is not
affiliated with a political party, the six | 4876 |
remaining members by a majority
vote shall appoint, not later than | 4877 |
forty-five days after
the date of the vacancy,
the seventh member | 4878 |
of the commission, who shall not be affiliated with a
political | 4879 |
party. If these members fail to appoint the seventh member within | 4880 |
this forty-five-day period, the chief justice of the
supreme | 4881 |
court, within
fifteen days after the end of this period, shall | 4882 |
appoint the seventh member,
who shall not be affiliated with a | 4883 |
political party. If a vacancy occurs in
any of the other six | 4884 |
positions on the commission, the legislative leaders of
the | 4885 |
political party from whose list of persons the member being | 4886 |
replaced was
appointed shall submit to the governor, not later | 4887 |
than thirty days after the
date of the vacancy, a list of three | 4888 |
persons who are affiliated with that
political party. Not later | 4889 |
than fifteen days after receiving the list, the
governor, with the | 4890 |
advice and consent of the senate,
shall appoint one person from | 4891 |
the list to the commission. | 4892 |
(B) Each member of the
Ohio elections commission shall hold | 4904 |
office from the date of the member's appointment
until the end of | 4905 |
the term for which the member was appointed. A member
appointed to | 4906 |
fill a vacancy occurring prior
to the expiration of the term for | 4907 |
which the member's predecessor was
appointed shall hold office for | 4908 |
the remainder of that term. A
member shall continue in office | 4909 |
subsequent to
the expiration date of the member's term until the | 4910 |
member's successor takes
office
or until a period of sixty days | 4911 |
has elapsed, whichever occurs
first. After the initial terms of | 4912 |
office provided for in
division (A)(1) of this section, terms of | 4913 |
office shall be
for five years. | 4914 |
Sec. 3517.154. (A)(1) The full-time attorney
for the Ohio | 5009 |
elections commission shall review each
complaint filed with the | 5010 |
commission under section 3517.153 of the
Revised Code, shall | 5011 |
determine the nature of the
complaint, and, unless division | 5012 |
(A)(2)(a)
of this section requires that the complaint receive an | 5013 |
automatic
expedited hearing, shall make a recommendation to the | 5014 |
commission for
its disposition, in accordance with this section. | 5015 |
The attorney
shall make the determination and the recommendation, | 5016 |
if required,
not later than one business day after the complaint | 5017 |
is filed. | 5018 |
(b) If the attorney determines that the
complaint sets forth | 5029 |
a failure to comply with or a violation
of division (G), (I), (J), | 5030 |
(O),
(P), or (Q) of section 3517.13, division
(A) of section | 5031 |
3517.21, or division (A) of
section 3517.22 of the Revised Code | 5032 |
and that the complaint is filed during
one of the periods of time | 5033 |
specified in division (B)(1) of section
3517.156 of the Revised | 5034 |
Code, the attorney shall
recommend to the commission that the | 5035 |
complaint receive an
expedited hearing under section 3517.156 of | 5036 |
the Revised
Code, and the complaint shall receive such a hearing. | 5037 |
(c) If the attorney determines that the
complaint sets forth | 5038 |
a failure to comply with or a violation
of a section of the | 5039 |
Revised Code over which the commission has jurisdiction to
hear | 5040 |
complaints other than the sections described in divisions | 5041 |
(A)(2)(a) and (b) of this section,
and unless the attorney makes a | 5042 |
determination as provided for in division
(A)(3) of this section, | 5043 |
the attorney shall recommend to the
commission that the complaint | 5044 |
be submitted to the commission
under section 3517.155 of the | 5045 |
Revised Code.
After the attorney makes that recommendation, the | 5046 |
attorney shall notify
all parties to the complaint of the | 5047 |
attorney's recommendation. | 5048 |
(ii) If the complaint involves a statement
required to be | 5063 |
filed under section 3517.10, division (E) of section
3517.102, or | 5064 |
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109, | 5065 |
3517.1011, or 3517.1012 of
the Revised
Code or an addendum | 5066 |
required to be filed under section
3517.11 of the Revised Code | 5067 |
that is filed late,
how late the filing is and how much time has | 5068 |
elapsed between the
deadline for filing the statement or addendum | 5069 |
and the filing of
the complaint; | 5070 |
(iii) If the complaint involves contributions
orand | 5071 |
expenditures, contributions and disbursements, or deposits and | 5072 |
disbursements required to be reported under section 3517.10, | 5073 |
division
(E) of section 3517.102, or section 3517.105, 3517.107, | 5074 |
3517.108, or
3517.109, 3517.1011, or 3517.1012 of
the Revised Code | 5075 |
that are either not reported or
reported late, the number of | 5076 |
contributions orand expenditures, contributions and | 5077 |
disbursements, or deposits and disbursements not
reported or how | 5078 |
late they were reported; | 5079 |
(4) The attorney may join two or more complaints if the | 5120 |
attorney
determines that the allegations in each complaint are of | 5121 |
the same
or similar character, are based on the same act or | 5122 |
failure to
act, or are based on two or more acts or failures to | 5123 |
act
constituting parts of a common scheme or plan. If one | 5124 |
complaint
contains two or more allegations, the attorney may | 5125 |
separate the
allegations if they are not of the same or similar | 5126 |
character,
if they are not based on the same act or failure to | 5127 |
act, or if
they are not based on two or more acts or failures to | 5128 |
act
constituting parts of a common scheme or plan. If the attorney | 5129 |
separates the allegations in a complaint, the attorney may make | 5130 |
separate
recommendations under division (A)(2) or (3) of this | 5131 |
section for each allegation. | 5132 |
(B) Whenever a person or other entity files a
complaint with | 5133 |
the commission setting forth a failure to comply
with or a | 5134 |
violation of a section of the Revised Code as described in | 5135 |
division
(A)(2)(c) of this section and the complaint is filed | 5136 |
during one of the
periods of time specified in division (B)(1) of | 5137 |
section 3517.156
of the Revised Code, the person or
entity may | 5138 |
request an expedited hearing under that section at the time
the | 5139 |
complaint is
filed. The attorney for the commission shall inform | 5140 |
the members
of the commission of that request at the time the | 5141 |
attorney makes a
recommendation under division (A) of this | 5142 |
section. The
commission may grant the request for an expedited | 5143 |
hearing under this division
if it
determines that an expedited | 5144 |
hearing is practicable. | 5145 |
Sec. 3517.155. (A)(1) Except as otherwise
provided in | 5146 |
division (B) of this section, the
Ohio elections commission shall | 5147 |
hold its first hearing on
a complaint filed with it, other than a | 5148 |
complaint that receives
an expedited hearing under section | 5149 |
3517.156 of the
Revised Code, not later than ninety business days | 5150 |
after the complaint is filed unless the commission has good cause | 5151 |
to hold the hearing after that time, in which case it shall hold | 5152 |
the hearing not later than one hundred eighty business days after | 5153 |
the complaint is filed. At the hearing, the commission shall | 5154 |
determine whether or not the failure to act or the violation | 5155 |
alleged in the complaint has occurred and shall do only one of
the | 5156 |
following, except as otherwise provided in division
(B) of this | 5157 |
section or in division (B)
of section 3517.151 of the Revised | 5158 |
Code: | 5159 |
(B) If the commission decides that the evidence
is | 5190 |
insufficient for it to determine whether or not the failure to
act | 5191 |
or the violation alleged in the complaint has occurred,
the | 5192 |
commission, by the affirmative vote of five members,
may request | 5193 |
that an investigatory attorney investigate the
complaint. Upon | 5194 |
that request, an investigatory attorney shall make an | 5195 |
investigation in order to produce sufficient evidence for the | 5196 |
commission to decide the matter. If the commission requests
an | 5197 |
investigation under this division, for good cause shown by the | 5198 |
investigatory attorney, the commission may extend by sixty days | 5199 |
the deadline
for
holding its first hearing on the complaint as | 5200 |
required in
division (A) of this section. | 5201 |
(E) In an action before the commission or a
panel of the | 5219 |
commission, if the allegations of the complainant
are not proved, | 5220 |
and the commission takes the action described in
division | 5221 |
(A)(1)(a) of this section or a panel of the
commission takes the | 5222 |
action described in division (C)(1)
of section 3517.156 of the | 5223 |
Revised Code, the
commission or a panel of the commission may find | 5224 |
that the
complaint is frivolous, and, if the commission or panel | 5225 |
so finds, the
commission shall order the complainant to pay | 5226 |
reasonable attorney's fees and
to
pay the costs of the commission | 5227 |
or panel as determined
by a majority of the members of the | 5228 |
commission. The costs paid to the
commission or panel under this | 5229 |
division shall be
deposited into the Ohio elections commission | 5230 |
fund. | 5231 |
Each party treasurer receiving public moneys from the Ohio | 5265 |
political party fund shall deposit those moneys into the party's | 5266 |
restricted fund created under section 3517.1012 of the Revised | 5267 |
Code, shall expend and maintain suchthose moneys in an account | 5268 |
separate from all other assets of the political partysubject to | 5269 |
the requirements of that section and section 3517.18 of the | 5270 |
Revised Code, and shall
file deposit and disbursement statements | 5271 |
of contributions and expenditures as required by
sections 3517.10 | 5272 |
and 3517.11division (B) of section 3517.1012 of the Revised Code. | 5273 |
Each treasurer
of a state executive committee who files such a | 5274 |
statement shall
file it with the secretary of state and each | 5275 |
treasurer of a
county executive committee who files such a | 5276 |
statement shall file
it with the appropriate board of elections. | 5277 |
All such statements
filed shall clearly indicate the amounts of | 5278 |
public moneys
received and the manner of their expenditure. The | 5279 |
auditor of
state shall annually audit the deposit and disbursement | 5280 |
statements of the state committee
of a political party that has | 5281 |
receivedis eligible to receive public moneys collected
during the | 5282 |
previous year, to ascertain that suchall moneys in the party's | 5283 |
restricted fund are
expended in accordance with law. The auditor | 5284 |
of state shall
audit the deposit and disbursement statements of | 5285 |
each county committee of such a political
party to ascertain that | 5286 |
all moneys in the party's restricted fund are expended in | 5287 |
accordance with law at the time of the public office audit of that | 5288 |
county under
Chapter 117. of the Revised Code. | 5289 |
(B) Only major political parties, as defined in section | 5290 |
3501.01 of the Revised Code, may apply for public moneys from the | 5291 |
Ohio political party fund. At the end of each even-numbered | 5292 |
calendar year, the secretary of state shall announce the names of | 5293 |
all such political parties, indicating that they may apply to | 5294 |
receive such moneys during the ensuing two years. Any political | 5295 |
party named at this time may, not later than the last day of | 5296 |
January of the ensuing odd-numbered year, make application with | 5297 |
the tax commissioner to receive public moneys. NoA political | 5298 |
party that fails to make a timely application shall not receive | 5299 |
public moneys during that two-year period. The tax commissioner | 5300 |
shall prescribe an appropriate application form. Moneys from the | 5301 |
fund shall be provided during the appropriate two-year period to | 5302 |
each political party that makes a timely application in
accordance | 5303 |
with this division. | 5304 |
(2) No candidate, campaign committee, legislative
campaign | 5345 |
fund, political party, or other entity, except a political action | 5346 |
committee or political contributing entity, shall issue a form of | 5347 |
political publication
for or
against a candidate, or shall make an | 5348 |
expenditure
for the purpose of financing political communications | 5349 |
in support of or
opposition to a candidate through public | 5350 |
political advertising, unless the
name and residence or business | 5351 |
address of the
candidate or the chairperson, treasurer, or | 5352 |
secretary of the
campaign committee, legislative campaign fund, | 5353 |
political party,
or other entity that
issues or otherwise is | 5354 |
responsible for that political publication or
that makes an | 5355 |
expenditure for that political communication
appears in a | 5356 |
conspicuous place on that political
publication
or is contained | 5357 |
within that
political communication. | 5358 |
(a) Issue a form of political publication for or against
a | 5368 |
candidate that costs in excess of the designated amount or
that is | 5369 |
issued in cooperation, consultation, or concert with, or
at the | 5370 |
request or suggestion of, a candidate, a campaign
committee, a | 5371 |
legislative campaign fund, a political party, a
political action | 5372 |
committee with ten or more members, a political
contributing | 5373 |
entity with ten or more members, or a
limited political action | 5374 |
committee or limited political contributing
entity that spends in | 5375 |
excess of the
designated amount on a related or the same or | 5376 |
similar political
publication for or against a candidate; | 5377 |
(b) Make an expenditure in excess of the designated
amount in | 5378 |
support of or opposition to a candidate or make an
expenditure in | 5379 |
cooperation, consultation, or concert with, or at
the request or | 5380 |
suggestion of, a candidate, a campaign committee,
a legislative | 5381 |
campaign fund, a political party, a political
action committee | 5382 |
with ten or more members, a political contributing entity
with ten | 5383 |
or more members, or a limited
political action committee or | 5384 |
limited political contributing entity
that spends in excess of the | 5385 |
designated amount in support of or opposition to the same | 5386 |
candidate, for the purpose of financing political communications | 5387 |
in support of or opposition to that candidate through public | 5388 |
political advertising. | 5389 |
(4) No political action committee with ten or more
members | 5390 |
and no political contributing entity with ten or more members | 5391 |
shall issue a form of political
publication for or against a | 5392 |
candidate, or shall make an
expenditure for the purpose of | 5393 |
financing political
communications in support of or opposition to | 5394 |
a candidate
through public political advertising, unless the name | 5395 |
and
residence or business address of the chairperson, treasurer, | 5396 |
or
secretary of the political action committee or political | 5397 |
contributing
entity that issues or otherwise
is responsible for | 5398 |
that political publication or that makes an
expenditure for that | 5399 |
political communication through public
political advertising | 5400 |
appears in a conspicuous place in that
political publication or is | 5401 |
contained within that political
communication. | 5402 |
(5) No corporation, labor organization, campaign
committee, | 5403 |
legislative campaign fund, political party, or other
entity, | 5404 |
except a political action committee, shall issue a form of | 5405 |
political
publication for or against an
issue, or shall make an | 5406 |
expenditure for the purpose of financing
political communications | 5407 |
in support of or opposition to a ballot
issue or question through | 5408 |
public political advertising, unless
the name and residence or | 5409 |
business address of the chairperson,
treasurer, or secretary of | 5410 |
the corporation, labor organization,
campaign committee, | 5411 |
legislative campaign fund, political party,
or other entity that | 5412 |
issues or otherwise is responsible for that political publication | 5413 |
or
that makes an expenditure for that political communication | 5414 |
through public political advertising appears in a conspicuous | 5415 |
place in that political publication or is contained within that | 5416 |
political communication. | 5417 |
(a) Issue a form of political publication for or against
a | 5426 |
ballot issue that costs in excess of the designated amount or
that | 5427 |
is issued in cooperation, consultation, or concert with, or
at the | 5428 |
request or suggestion of, a candidate, a campaign
committee, a | 5429 |
legislative campaign fund, a political party, a
political action | 5430 |
committee with ten or more members, or a
limited political action | 5431 |
committee that spends in excess of the designated
amount for a | 5432 |
related or the same or similar political
publication for or | 5433 |
against an issue; | 5434 |
(b) Make an expenditure in excess of the designated
amount in | 5435 |
support of or opposition to a ballot issue or make an
expenditure | 5436 |
in cooperation, consultation, or concert with, or at
the request | 5437 |
or suggestion of, a candidate, a campaign committee,
a legislative | 5438 |
campaign fund, a political party, a political
action committee | 5439 |
with ten or more members, or a limited
political action committee | 5440 |
that spends in excess of the
designated amount in support of or | 5441 |
opposition to the same ballot
issue, for the purpose of financing | 5442 |
political communications in
support of or opposition to that | 5443 |
ballot issue through public
political advertising. | 5444 |
(7) No political action committee with ten or more
members | 5445 |
shall issue a form of political
publication for or against an | 5446 |
issue, or shall make an
expenditure for the purpose of financing | 5447 |
political
communications in support of or opposition to a ballot | 5448 |
issue or
question through public political advertising, unless the | 5449 |
name
and residence or business address of the chairperson, | 5450 |
treasurer, or
secretary of the political action committee that | 5451 |
issues or otherwise is
responsible for that political publication | 5452 |
or that makes an
expenditure for that political communication | 5453 |
appears in a
conspicuous place in that political publication or is | 5454 |
contained
within that political communication. | 5455 |
(B)(1) No
candidate, campaign committee, legislative campaign | 5487 |
fund, political contributing entity,
political party, political | 5488 |
action committee, limited political
action committee, political | 5489 |
contributing entity, limited
political contributing entity, or | 5490 |
other entity
shall utter or cause to be uttered, over the | 5491 |
broadcasting facilities of any radio or television station within | 5492 |
this state, any communication that is designed to promote the | 5493 |
nomination, election, or defeat of a candidate, or the
adoption
or | 5494 |
defeat of an issue or to influence the voters in an
election, | 5495 |
unless the speaker identifies the speaker with
the speaker's name | 5496 |
and residence address or unless the
communication identifies the | 5497 |
chairperson, treasurer, or secretary of the
organization | 5498 |
responsible for the communication with the name and residence or | 5499 |
business address of that officer, except that communications by | 5500 |
radio need not
broadcast the residence or business address of the | 5501 |
officer. However, a radio
station, for a period of at least six | 5502 |
months, shall keep the residence or
business address on file and | 5503 |
divulge it to any person upon request. | 5504 |
(C) No candidate, campaign committee, legislative campaign | 5518 |
fund, political party, political action committee, limited | 5519 |
political action committee, or other person or entity shall | 5520 |
conduct a telephone bank for the purpose of promoting the | 5521 |
nomination, election, or defeat of a candidate or the adoption or | 5522 |
defeat of an issue or to influence the voters in an election, | 5523 |
unless the call includes a disclaimer that identifies the name of | 5524 |
the candidate, campaign committee, legislative campaign fund, | 5525 |
political party, political action committee, limited political | 5526 |
action committee, or other person or entity paying for the | 5527 |
telephone bank. | 5528 |
Sec. 3517.23. The secretary of state shall adopt rules in | 5534 |
accordance with
Chapter 119. of the Revised Code that are | 5535 |
necessary for the administration and
enforcement of sections | 5536 |
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22,
3599.03, and | 5537 |
3599.031 of the Revised Code and shall provide
each
candidate, | 5538 |
political action committee, legislative campaign fund,
political | 5539 |
party, and political contributing entityelectioneering | 5540 |
communication committee with written
instructions and explanations | 5541 |
in order to ensure compliance with sections
3517.08 to 3517.13, | 5542 |
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 of the | 5543 |
Revised Code. | 5544 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 5789 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 5790 |
3517.1012, and section 3599.031 of the Revised Code and except
as | 5791 |
provided in divisions (D), (E), and
(F) of this section, no | 5792 |
corporation, no nonprofit
corporation, and no labor organization, | 5793 |
directly or
indirectly, shall pay or use, or offer, advise, | 5794 |
consent,
or agree to pay or
use, the corporation's money or | 5795 |
property, or the
labor organization's
money, including dues, | 5796 |
initiation fees, or other assessments paid
by members,
or | 5797 |
property, for or in aid of or
opposition to a political party, a | 5798 |
candidate for election or
nomination to public office, a political | 5799 |
action committee including a political action committee of the | 5800 |
corporation or labor organization, a
legislative campaign fund, or | 5801 |
any
organization that supports or opposes any such candidate, or | 5802 |
for
any partisan political purpose, shall violate any law | 5803 |
requiring the
filing of an affidavit or statement respecting such | 5804 |
use of
those funds, or shall pay or use the corporation's
or labor | 5805 |
organization's money
for the expenses of
a social fund-raising | 5806 |
event for its political action committee if
an employee's or labor | 5807 |
organization member's
right
to attend such an event is
predicated | 5808 |
on the employee's or member's contribution to the
corporation's
or | 5809 |
labor organization's political action committee. | 5810 |
(B)(1) No officer, stockholder, attorney, or agent of a | 5814 |
corporation or nonprofit
corporation, no member, including an | 5815 |
officer, attorney, or agent, of a labor
organization, and no | 5816 |
candidate, political party official, or other individual
shall | 5817 |
knowingly aid, advise, solicit, or receive money or other property | 5818 |
in
violation of division (A)(1) of this section. | 5819 |
(C) A corporation, a
nonprofit
corporation, or a labor | 5823 |
organization may
use its funds or property for or in aid of or | 5824 |
opposition to a
proposed or certified ballot issue. Such use of | 5825 |
funds or
property shall be reported on a form prescribed by the | 5826 |
secretary
of state. Reports of contributions in connection with | 5827 |
statewide
ballot issues shall be filed with the secretary of | 5828 |
state.
Reports of contributions in connection with local issues | 5829 |
shall be
filed with the board of elections of the most populous | 5830 |
county of
the district in which the issue is submitted or to be | 5831 |
submitted
to the electors. Reports made pursuant to this division | 5832 |
shall be
filed by the times specified in divisions (A)(1) and (2) | 5833 |
of
section 3517.10 of the Revised Code. | 5834 |
Sec. 3599.031. (A) Notwithstanding any sectionprovision of | 5861 |
the
Revised Code to the contrary and subject to divisions (C) and | 5862 |
(H)division (C) of section 3517.09 of the Revised Code and | 5863 |
division (B) of this
section, any employer may deduct from the | 5864 |
wages and salaries
of its employees amounts for an account | 5865 |
described in division (C)(B) of
this section, a separate | 5866 |
segregated fund, a political action
committee of the employer, a | 5867 |
political action committee
of a labor organization of the | 5868 |
employer's employees, a political action
committee of an | 5869 |
association of which the employer is a member, a political
party, | 5870 |
electioneering communication committee, or a ballot
issue that the | 5871 |
employee by written
authorization may designate and shall transmit | 5872 |
any amounts so
deducted as a separate written authorization | 5873 |
described in
division (C)(B) of this section shall direct. Any | 5874 |
authorization authorizing a deduction from an employee's wages or | 5875 |
salary may be on a form that
is used to apply for or
authorize | 5876 |
membership in or authorize payment of dues or fees to
any | 5877 |
organization, but the authorization for a deduction shall be | 5878 |
stated and signed separately from the application for membership | 5879 |
or the
authorization for the payment of dues or fees. The employer | 5880 |
either may deduct from the amount
to be so transmitted a uniform | 5881 |
amount determined by the employer
to be necessary to defray the | 5882 |
actual cost of making such
deduction and transmittal, or may | 5883 |
utilize its own funds in an
amount it determines is necessary to | 5884 |
defray the actual
administrative cost, including making the | 5885 |
deduction and
transmittal. | 5886 |
(C) If an employer establishes a separate account in the name | 5893 |
of
an employee for the purpose of depositing into the account | 5894 |
amounts deducted
from the wages and salary of the employee | 5895 |
pursuant to division (A) of
this section or amounts directly given | 5896 |
by the employee to the
employer for the
support of a candidate, a | 5897 |
separate segregated fund, a political action
committee of the | 5898 |
employer, a political action committee of a labor organization of | 5899 |
the employer's
employees, a political action committee of an | 5900 |
association of
which the employer
is a member, a political party, | 5901 |
a legislative campaign fund, an electioneering communication | 5902 |
committee, or a ballot
issue, the employee
shall sign a
written | 5903 |
authorization designating the recipient of a disbursement
from | 5904 |
that
account. The written authorization required under this | 5905 |
division
is separate
and distinct from a written authorization | 5906 |
required under division
(A)
of this section. The authorization | 5907 |
required under this division
shall clearly
identify and designate | 5908 |
the candidate, separate segregated fund, political
action | 5909 |
committee
of the employer, political action committee of a labor | 5910 |
organization of the
employer's employees, political action | 5911 |
committee of an
association of which
the employer is a member, | 5912 |
political party, a legislative campaign fund, electioneering | 5913 |
communication committee, or
ballot issue that
is to receive
any | 5914 |
disbursement from the account established pursuant to this | 5915 |
division. No
person shall designate the recipient of a | 5916 |
disbursement from the account except
the employee from whose | 5917 |
account the disbursement is made. No employer shall
make a | 5918 |
disbursement from the account of an employee established under | 5919 |
this
division unless the employer has received the written | 5920 |
authorization required
under this division. | 5921 |
Section 2. That existing sections 102.03, 2921.01, 2921.43, | 6002 |
3501.38, 3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, | 6003 |
3517.082, 3517.09, 3517.092, 3517.10, 3517.102, 3517.103, | 6004 |
3517.104, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, | 6005 |
3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, | 6006 |
3517.20, 3517.23, 3517.992, and 3599.031 and section Sec. 3599.03. of | 6007 |
the Revised Code are hereby repealed. | 6008 |
(B) Any person intending to make a disbursement or | 6015 |
disbursements for the direct costs of producing or airing | 6016 |
electioneering communications under this act who wishes to make | 6017 |
those disbursements using contributions that the person received | 6018 |
before the effective date of this act shall, in the first | 6019 |
disclosure of electioneering communications statement that the | 6020 |
person is required to file, report the contributor information | 6021 |
specified in division (D)(1)(e) or (f) of section 3517.1011 of the | 6022 |
Revised Code for each contribution that was received before the | 6023 |
effective date of this act and that the person uses to make a | 6024 |
disbursement that is included in that statement. | 6025 |
Section 4. (A) A county political party that has a state | 6029 |
candidate fund, established under division (D)(3)(c) of section | 6030 |
3517.10 of the Revised Code as it existed prior to the effective | 6031 |
date of this act, in existence on that effective date shall, not | 6032 |
later than 4 p.m. on that effective date, disburse any moneys in | 6033 |
the fund in accordance with the versions of sections 3517.08 to | 6034 |
3517.13 of the Revised Code that were in effect prior to that | 6035 |
effective date. Any state candidate fund of a county political | 6036 |
party in existence on the effective date of this act shall be | 6037 |
abolished not later than 4 p.m. on that effective date. | 6038 |