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To amend sections 102.03, 2921.01, 2921.43, 3501.38, | 1 |
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, | 2 |
3517.08, 3517.09, 3517.092, 3517.10, 3517.102, | 3 |
3517.103, 3517.104, 3517.105, 3517.106, 3517.108, | 4 |
3517.109, 3517.11, 3517.13, 3517.151, 3517.152, | 5 |
3517.154, 3517.155, 3517.16, 3517.17, 3517.20, | 6 |
3517.23, 3517.992, and 3599.031, to enact new | 7 |
section 3599.03 and sections 3501.381, 3517.1011, | 8 |
3517.1012, 3517.1013, and 3599.111, and to repeal | 9 |
section 3599.03 of the Revised Code to revise the | 10 |
Campaign Finance Law. | 11 |
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, 3517.09, | 13 |
3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 3517.105, | 14 |
3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.151, | 15 |
3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20, 3517.23, | 16 |
3517.992, and 3599.031 be amended and new section 3599.03 and | 17 |
sections 3501.381, 3517.1011, 3517.1012, 3517.1013, and 3599.111 | 18 |
of the 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 |
(2) For twenty-four months after the conclusion of service, | 28 |
no former commissioner or attorney examiner of the public | 29 |
utilities commission shall represent a public utility, as defined | 30 |
in section 4905.02 of the Revised Code, or act in a representative | 31 |
capacity on behalf of such a utility before any state board, | 32 |
commission, or agency. | 33 |
(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 |
(6) Nothing contained in division (A) of this section shall | 67 |
prohibit, during such period, a former public official or employee | 68 |
from being retained or employed to represent, assist, or act in a | 69 |
representative capacity for the public agency by which the public | 70 |
official or employee was employed or on which the public official | 71 |
or employee served. | 72 |
(7) Division (A) of this section shall not be construed to | 73 |
prohibit the performance of ministerial functions, including, but | 74 |
not limited to, the filing or amendment of tax returns, | 75 |
applications for permits and licenses, incorporation papers, and | 76 |
other similar documents. | 77 |
(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 |
(D) No public official or employee shall use or authorize the | 114 |
use of the authority or influence of office or employment to | 115 |
secure anything of value or the promise or offer of anything of | 116 |
value that is of such a character as to manifest a substantial and | 117 |
improper influence upon the public official or employee with | 118 |
respect to that person's duties. | 119 |
(E) No public official or employee shall solicit or accept | 120 |
anything of value that is of such a character as to manifest a | 121 |
substantial and improper influence upon the public official or | 122 |
employee with respect to that person's duties. | 123 |
(F) No person shall promise or give to a public official or | 124 |
employee anything of value that is of such a character as to | 125 |
manifest a substantial and improper influence upon the public | 126 |
official or employee with respect to that person's duties. | 127 |
(G) In the absence of bribery or another offense under the | 128 |
Revised Code or a purpose to defraud, contributions made to a | 129 |
campaign committee, political party, legislative campaign fund, or | 130 |
political action committee | 131 |
behalf of an elected public officer or other public official or | 132 |
employee who seeks elective office shall be considered to accrue | 133 |
ordinarily to the public official or employee for the purposes of | 134 |
divisions (D), (E), and (F) of this section. | 135 |
As used in this division, "contributions," "campaign | 136 |
committee," "political party," "legislative campaign fund," and | 137 |
"political action committee | 138 |
have the same meanings as in section 3517.01 of the Revised Code. | 139 |
(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 |
A person who acts in compliance with this division and any | 200 |
applicable rules adopted under it, or any applicable, similar | 201 |
rules adopted by the supreme court governing judicial officers and | 202 |
employees, does not violate division (D), (E), or (F) of this | 203 |
section. This division does not preclude any person from seeking | 204 |
an advisory opinion from the appropriate ethics commission under | 205 |
section 102.08 of the Revised Code. | 206 |
(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 |
As used in this division, "chief legal officer" has the same | 240 |
meaning as in section 733.621 of the Revised Code. | 241 |
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the | 242 |
Revised Code: | 243 |
(A) "Public official" means any elected or appointed officer, | 244 |
or employee, or agent of the state or any political subdivision, | 245 |
whether in a temporary or permanent capacity, and includes, but is | 246 |
not limited to, legislators, judges, and law enforcement officers. | 247 |
(B) "Public servant" means any of the following: | 248 |
(1) Any public official; | 249 |
(2) Any person performing ad hoc a governmental function, | 250 |
including, but not limited to, a juror, member of a temporary | 251 |
commission, master, arbitrator, advisor, or consultant; | 252 |
(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 |
(C) "Party official" means any person who holds an elective | 262 |
or appointive post in a political party in the United States or | 263 |
this state, by virtue of which the person directs, conducts, or | 264 |
participates in directing or conducting party affairs at any level | 265 |
of responsibility. | 266 |
(D) "Official proceeding" means any proceeding before a | 267 |
legislative, judicial, administrative, or other governmental | 268 |
agency or official authorized to take evidence under oath, and | 269 |
includes any proceeding before a referee, hearing examiner, | 270 |
commissioner, notary, or other person taking testimony or a | 271 |
deposition in connection with an official proceeding. | 272 |
(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 |
(F) "Detention facility" means any public or private place | 300 |
used for the confinement of a person charged with or convicted of | 301 |
any crime in this state or another state or under the laws of the | 302 |
United States or alleged or found to be a delinquent child or | 303 |
unruly child in this state or another state or under the laws of | 304 |
the United States. | 305 |
(G) "Valuable thing or valuable benefit" includes, but is not | 306 |
limited to, a contribution. This inclusion does not indicate or | 307 |
imply that a contribution was not included in those terms before | 308 |
September 17, 1986. | 309 |
(H) "Campaign committee," "contribution," "political action | 310 |
committee," "legislative campaign fund," and "political party | 311 |
312 | |
section 3517.01 of the Revised Code. | 313 |
(I) "Provider agreement" and "medical assistance program" | 314 |
have the same meanings as in section 2913.40 of the Revised Code. | 315 |
Sec. 2921.43. (A) No public servant shall knowingly solicit | 316 |
or accept, and no person shall knowingly promise or give to a | 317 |
public servant, either of the following: | 318 |
(1) Any compensation, other than as allowed by divisions (G), | 319 |
(H), and (I) of section 102.03 of the Revised Code or other | 320 |
provisions of law, to perform the public servant's official | 321 |
duties, to perform any other act or service in the public | 322 |
servant's public capacity, for the general performance of the | 323 |
duties of the public servant's public office or public employment, | 324 |
or as a supplement to the public servant's public compensation; | 325 |
(2) Additional or greater fees or costs than are allowed by | 326 |
law to perform the public servant's official duties. | 327 |
(B) No public servant for the public servant's own personal | 328 |
or business use, and no person for the person's own personal or | 329 |
business use or for the personal or business use of a public | 330 |
servant or party official, shall solicit or accept anything of | 331 |
value in consideration of either of the following: | 332 |
(1) Appointing or securing, maintaining, or renewing the | 333 |
appointment of any person to any public office, employment, or | 334 |
agency; | 335 |
(2) Preferring, or maintaining the status of, any public | 336 |
employee with respect to compensation, duties, placement, | 337 |
location, promotion, or other material aspects of employment. | 338 |
(C) No person for the benefit of a political party, campaign | 339 |
committee, legislative campaign fund, or political action | 340 |
committee | 341 |
contribution in consideration of either of the following: | 342 |
(1) Appointing or securing, maintaining, or renewing the | 343 |
appointment of any person to any public office, employment, or | 344 |
agency; | 345 |
(2) Preferring, or maintaining the status of, any public | 346 |
employee with respect to compensation, duties, placement, | 347 |
location, promotion, or other material aspects of employment. | 348 |
(D) Whoever violates this section is guilty of soliciting | 349 |
improper compensation, a misdemeanor of the first degree. | 350 |
(E) A public servant who is convicted of a violation of this | 351 |
section is disqualified from holding any public office, | 352 |
employment, or position of trust in this state for a period of | 353 |
seven years from the date of conviction. | 354 |
(F) Divisions (A), (B), and (C) of this section do not | 355 |
prohibit a person from making voluntary contributions to a | 356 |
political party, campaign committee, legislative campaign fund, or | 357 |
political
action
committee | 358 |
prohibit a political party, campaign committee, legislative | 359 |
campaign fund, or
political action committee | 360 |
361 |
Sec. 3501.38. All declarations of candidacy, nominating | 362 |
petitions, or other petitions presented to or filed with the | 363 |
secretary of state or a board of elections or with any other | 364 |
public office for the purpose of becoming a candidate for any | 365 |
nomination or office or for the holding of an election on any | 366 |
issue shall, in addition to meeting the other specific | 367 |
requirements prescribed in the sections of the Revised Code | 368 |
relating to them, be governed by the following rules: | 369 |
(A) Only electors qualified to vote on the candidacy or issue | 370 |
which is the subject of the petition shall sign a petition. Each | 371 |
signer shall be a registered elector pursuant to section 3503.11 | 372 |
of the Revised Code. The facts of qualification shall be | 373 |
determined as of the date when the petition is filed. | 374 |
(B) Signatures shall be affixed in ink. Each signer may also | 375 |
print the signer's name, so as to clearly identify the signer's | 376 |
signature. | 377 |
(C) Each signer shall place on the petition after the | 378 |
signer's name the date of signing and the location of the signer's | 379 |
voting residence, including the street and number if in a | 380 |
municipal corporation or the rural route number, post office | 381 |
address, or township if outside a municipal corporation. The | 382 |
voting address given on the petition shall be the address | 383 |
appearing in the registration records at the board of elections. | 384 |
(D) No person shall write any name other than the person's | 385 |
own on any petition. No person may authorize another to sign for | 386 |
the person. | 387 |
elector two or more times, only the first signature shall be | 388 |
counted. | 389 |
(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 |
(2) As used in division (E) of this section, "statewide | 404 |
candidate" means the joint candidates for the offices of governor | 405 |
and lieutenant governor or a candidate for the office of secretary | 406 |
of state, auditor of state, treasurer of state, or attorney | 407 |
general. | 408 |
(F) If a circulator knowingly permits an unqualified person | 409 |
to sign a petition paper or permits a person to write a name other | 410 |
than the person's own on a petition paper, that petition paper is | 411 |
invalid; otherwise, the signature of a person not qualified to | 412 |
sign shall be rejected but shall not invalidate the other valid | 413 |
signatures on the paper. | 414 |
(G) The circulator of a petition may, before filing it in a | 415 |
public office, strike from it any signature the circulator does | 416 |
not wish to present as a part of the petition. | 417 |
(H) Any signer of a petition may remove the signer's | 418 |
signature from that petition at any time before the petition is | 419 |
filed in a public office by striking the signer's name from the | 420 |
petition; no signature may be removed after the petition is filed | 421 |
in any public office. | 422 |
(I)(1) No alterations, corrections, or additions may be made | 423 |
to a petition after it is filed in a public office. | 424 |
(2) No petition may be withdrawn after it is filed in a | 425 |
public office. Nothing in this division prohibits a person from | 426 |
withdrawing as a candidate as otherwise provided by law. | 427 |
(J) All declarations of candidacy, nominating petitions, or | 428 |
other petitions under this section shall be accompanied by the | 429 |
following statement in boldface capital letters: WHOEVER COMMITS | 430 |
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. | 431 |
(K) All separate petition papers shall be filed at the same | 432 |
time, as one instrument. | 433 |
(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 |
(B) The secretary of state shall prescribe the form and | 466 |
content of the statements required under division (A) of this | 467 |
section. | 468 |
(C) Whoever violates division (A) of this section is guilty | 469 |
of a misdemeanor of the first degree, and the petition for which a | 470 |
person was compensated for supervising, managing, or otherwise | 471 |
organizing the effort to obtain signatures shall be deemed | 472 |
invalid. | 473 |
(D) As used in this section, "statewide candidate" means the | 474 |
joint candidates for the offices of governor and lieutenant | 475 |
governor or a candidate for the office of secretary of state, | 476 |
auditor of state, treasurer of state, or attorney general. | 477 |
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 | 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 | 495 |
signature. If an
applicant is unable
to make an "X," | 496 |
applicant shall indicate in some manner
that | 497 |
desires
to register to vote or to change | 498 |
or
residence. The
person registering | 499 |
sign the form and
attest that the applicant indicated that | 500 |
applicant
desired to register
to vote or to change | 501 |
applicant's name or residence. | 502 |
(C) No registration and change of residence and change of | 503 |
name form shall be rejected solely on the basis that a person | 504 |
registering an applicant failed to sign the person's name or | 505 |
failed to name the employer who is employing that person to | 506 |
register the applicant as required under division (A) of this | 507 |
section. | 508 |
(D) As used in this section, "registering an applicant" | 509 |
includes any effort, for compensation, to provide voter | 510 |
registration forms or to assist persons in completing those forms | 511 |
or returning them to the board of elections, the office of the | 512 |
secretary of state, or another appropriate public office. | 513 |
Sec. 3513.07. The form of declaration of candidacy and | 514 |
petition of a person desiring to be a candidate for a party | 515 |
nomination or a candidate for election to an office or position to | 516 |
be voted for at a primary election shall be substantially as | 517 |
follows: | 518 |
519 |
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 |
I further declare that, if elected to said office or | 541 |
position, I will qualify therefor, and that I will support and | 542 |
abide by the principles enunciated by the ............ Party. | 543 |
Dated this .......... day of ................., ......... | 544 |
............................. | 545 | ||
(Signature of candidate) | 546 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 547 |
OF THE FIFTH DEGREE. | 548 |
549 |
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 |
Street | City, | 559 | ||||||||||||
and | Village or | 560 | ||||||||||||
Signature | Number | Township | Ward | Precinct | County | Date | 561 |
562 |
.................................................................... | 563 |
.................................................................... | 564 |
.................................................................... | 565 |
....................................... (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 |
578 | |||
(Signature of circulator) | 579 | ||
580 | |||
(Address of circulator) | 581 | ||
582 | |||
(If petition is for a statewide | 583 | ||
candidate, the name and address | 584 | ||
of person employing | 585 | ||
circulator to circulate | 586 | ||
petition, if any) | 587 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 588 |
OF THE FIFTH DEGREE." | 589 |
The secretary of state shall prescribe a form of declaration | 590 |
of candidacy and petition, and the form shall be substantially | 591 |
similar to the declaration of candidacy and petition set forth in | 592 |
this section, that will be suitable for joint candidates for the | 593 |
offices of governor and lieutenant governor. | 594 |
The petition provided for in this section shall be circulated | 595 |
only by a member of the same political party as the candidate. | 596 |
Sec. 3513.10. (A) At the time of filing a declaration of | 597 |
candidacy for nomination for any office, or a declaration of | 598 |
intent to be a write-in candidate, each candidate, except joint | 599 |
candidates for governor and lieutenant governor, shall pay a fee | 600 |
as follows: | 601 |
For statewide office | $100 | 602 | |||
For court of appeals judge | $ 50 | 603 | |||
For court of common pleas judge | $ 50 | 604 | |||
For county court judge | $ 50 | 605 | |||
For municipal court judge | $ 50 | 606 | |||
For district office, including member | 607 | ||||
of the United States house of | 608 | ||||
representatives and member of the | 609 | ||||
general assembly | $ 50 | 610 | |||
For county office | $ 50 | 611 | |||
For city office | $ 20 | 612 | |||
For village office | $ 10 | 613 | |||
For township office | $ 10 | 614 | |||
For member of state board of education | $ 20 | 615 | |||
For member of local, city, or | 616 | ||||
exempted village board of education | 617 | ||||
or educational service center | 618 | ||||
governing board | $ 10 | 619 |
At the time of filing a declaration of candidacy or a | 620 |
declaration of intent to be a write-in candidate for the offices | 621 |
of governor and lieutenant governor, the joint candidates shall | 622 |
jointly pay to the secretary of state a fee of one hundred | 623 |
dollars. | 624 |
(B)(1) At the same time the fee required under division (A) | 625 |
of this section is paid, each candidate shall pay an additional | 626 |
fee as follows: | 627 |
For the joint candidates for governor | 628 | ||||
and lieutenant governor | $ 50 | 629 | |||
For statewide office | $ 50 | 630 | |||
For district office, including member | 631 | ||||
of the United States house of | 632 | ||||
representatives and member of the | 633 | ||||
general assembly | $ 35 | 634 | |||
For member of state board of education | $ 35 | 635 | |||
For court of appeals judge | $ 30 | 636 | |||
For court of common pleas judge | $ 30 | 637 | |||
For county court judge | $ 30 | 638 | |||
For municipal court judge | $ 30 | 639 | |||
For county office | $ 30 | 640 | |||
For city office | $ 25 | 641 | |||
For village office | $ 20 | 642 | |||
For township office | $ 20 | 643 | |||
For member of local, city,
|
644 | ||||
or exempted village board of education | 645 | ||||
or educational service center | 646 | ||||
governing board | $ 20 | 647 |
(2) Whoever seeks to propose a ballot question or issue to be | 648 |
submitted to the electors shall pay the following fee at the time | 649 |
the petition proposing the question or issue is filed: | 650 |
(a) If the question or issue is to be submitted to the | 651 |
electors throughout the entire state, twenty-five dollars; | 652 |
(b) If the question or issue is to be submitted to the | 653 |
electors of a county or of a district that consists of all or part | 654 |
of two or more counties but less than the entire state, fifteen | 655 |
dollars; | 656 |
(c) If the question or issue is to be submitted to the | 657 |
electors of a city, twelve dollars and fifty cents; | 658 |
(d) If the question or issue is to be submitted to the | 659 |
electors of a village, a township, a local, city, county, or | 660 |
exempted village school district, a precinct, or another district | 661 |
consisting of less than an entire county, ten dollars. | 662 |
(C) No fee shall be required of candidates filing for the | 663 |
office of delegate or alternate to the national convention of | 664 |
political parties, member of the state central committee of a | 665 |
political party, or member of the county central committee of a | 666 |
political party. | 667 |
(D) All fees required under division (A) of this section | 668 |
immediately shall be paid by the officer receiving them into the | 669 |
state treasury to the credit of the general revenue fund, in the | 670 |
case of fees received by the secretary of state, and into the | 671 |
county treasury to the credit of the county general fund, in the | 672 |
case of fees received by a board of elections. | 673 |
(E) The officer who receives a fee required under division | 674 |
(B) of this section immediately shall pay the fee to the credit of | 675 |
the
Ohio elections commission fund | 676 |
677 | |
678 | |
679 | |
3517.152 of the Revised Code. | 680 |
(F)(1) In no case shall a fee paid under this section be | 681 |
returned to a candidate. | 682 |
(2) Whenever a section of law refers to a filing fee to be | 683 |
paid by a candidate or by a committee proposing a ballot question | 684 |
or issue to be submitted to the electors, that fee includes the | 685 |
fees required under divisions (A) and (B) of this section. | 686 |
(G) As used in divisions (A) and (B) of this section, | 687 |
"statewide office" means the office of secretary of state, auditor | 688 |
of state, treasurer of state, attorney general, justice and chief | 689 |
justice of the supreme court, and member of the United States | 690 |
senate. | 691 |
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 |
All signatures on nominating petitions shall be written in | 711 |
ink or indelible pencil. | 712 |
At the time of filing a nominating petition, the candidate | 713 |
designated in the nominating petition, and joint candidates for | 714 |
governor and lieutenant governor, shall pay to the election | 715 |
officials with whom it is filed the fees specified for the office | 716 |
under divisions (A) and (B) of section 3513.10 of the Revised | 717 |
Code. The fees shall be disposed of by those election officials in | 718 |
the manner that is provided in section 3513.10 of the Revised Code | 719 |
for the disposition of other fees, and in no case shall a fee | 720 |
required under that section be returned to a candidate. | 721 |
Candidates or joint candidates whose names are written on the | 722 |
ballot, and who are elected, shall pay the same fees under section | 723 |
3513.10 of the Revised Code that candidates who file nominating | 724 |
petitions pay. Payment of these fees shall be a condition | 725 |
precedent to the granting of their certificates of election. | 726 |
Each nominating petition shall contain a statement of | 727 |
candidacy that shall be signed by the candidate or joint | 728 |
candidates named in it. Such statement of candidacy shall contain | 729 |
a declaration made under penalty of election falsification that | 730 |
the candidate desires to be a candidate for the office named in | 731 |
it, and that the candidate is an elector qualified to vote for the | 732 |
office the candidate seeks. | 733 |
The form of the nominating petition and statement of | 734 |
candidacy shall be substantially as follows: | 735 |
736 |
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 |
I further declare that I am an elector qualified to vote for | 753 |
the office I seek. Dated this ....... day of .............., .... | 754 |
755 | |||
(Signature of candidate) | 756 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 757 |
OF THE FIFTH DEGREE. | 758 |
I, ................................., hereby constitute the | 759 |
persons named below a committee to represent me: | 760 |
Name | Residence | 761 |
762 | |
763 | |
764 | |
765 | |
766 |
767 |
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 |
779 | ||||||||
Street | 780 | |||||||
Address | 781 | |||||||
or R.F.D. | 782 | |||||||
(Must use | 783 | |||||||
address on | City, | 784 | ||||||
file with | Village | 785 | ||||||
the board of | or | Date of | 786 | |||||
Signature | elections) | Township | Ward | Precinct | County | Signing | 787 | |
788 | ||||||||
789 | ||||||||
790 | ||||||||
791 |
..........................., declares under penalty of election | 792 |
falsification that such person is a qualified elector of the state | 793 |
of Ohio and resides at the address appearing below such person's | 794 |
signature hereto; that such person is the circulator of the | 795 |
foregoing petition paper containing ................ signatures; | 796 |
that such person witnessed the affixing of every signature; that | 797 |
all signers were to the best of such person's knowledge and belief | 798 |
qualified to sign; and that every signature is to the best of such | 799 |
person's knowledge and belief the signature of the person whose | 800 |
signature it purports to be. | 801 |
802 | |||
(Signature of circulator) | 803 | ||
804 | |||
(Address) | 805 | ||
806 | |||
(If petition is for a statewide | 807 | ||
candidate, the name and address | 808 | ||
of person employing circulator | 809 | ||
to circulate petition, if any) | 810 |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY | 811 |
OF THE FIFTH DEGREE." | 812 |
The secretary of state shall prescribe a form of nominating | 813 |
petition for a group of candidates for the office of member of a | 814 |
board of education, township office, and offices of municipal | 815 |
corporations of under two thousand population. | 816 |
The secretary of state shall prescribe a form of statement of | 817 |
candidacy and nominating petition, which shall be substantially | 818 |
similar to the form of statement of candidacy and nominating | 819 |
petition set forth in this section, that will be suitable for | 820 |
joint candidates for the offices of governor and lieutenant | 821 |
governor. | 822 |
If such petition nominates a candidate whose election is to | 823 |
be determined by the electors of a county or a district or | 824 |
subdivision within the county, it shall be filed with the board of | 825 |
such county. If the petition nominates a candidate whose election | 826 |
is to be determined by the voters of a subdivision located in more | 827 |
than one county, it shall be filed with the board of the county in | 828 |
which the major portion of the population of such subdivision is | 829 |
located. | 830 |
If the petition nominates a candidate whose election is to be | 831 |
determined by the electors of a district comprised of more than | 832 |
one county but less than all of the counties of the state, it | 833 |
shall be filed with the board of elections of the most populous | 834 |
county in such district. If the petition nominates a candidate | 835 |
whose election is to be determined by the electors of the state at | 836 |
large, it shall be filed with the secretary of state. | 837 |
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 |
(2) A campaign committee shall be legally liable for any | 873 |
debts, contracts, or expenditures incurred or executed in its | 874 |
name. | 875 |
(B) Notwithstanding the definitions found in section 3501.01 | 876 |
of the Revised Code, as used in this section | 877 |
to
3517.14, | 878 |
(1) "Campaign committee" means an entity that is formed by a | 879 |
candidate or a combination of two or more persons authorized by a | 880 |
candidate under section 3517.081 of the Revised Code to receive | 881 |
contributions and make expenditures and that is legally liable for | 882 |
any debts, contracts, or expenditures incurred or executed in its | 883 |
name. | 884 |
(2) "Campaign treasurer" means an individual appointed by a | 885 |
candidate under section 3517.081 of the Revised Code. | 886 |
(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 |
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
| 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.
| 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, 3517.1012, and 3517.1013 of the | 929 |
Revised Code, shall be considered to be a "contribution" for the | 930 |
purpose of section 3517.10 of the Revised Code and shall be | 931 |
included on a statement of contributions filed under that section. | 932 |
"Contribution" does not include any of the following: | 933 |
(a) Services provided without compensation by individuals | 934 |
volunteering a portion or all of their time on behalf of a person; | 935 |
(b) Ordinary home hospitality; | 936 |
(c) The personal expenses of a volunteer paid for by that | 937 |
volunteer campaign worker; | 938 |
(d) Any gift given to a state or county political party | 939 |
pursuant to section 3517.101 of the Revised Code. As used in | 940 |
division (B)(5)(d) of this section, "political party" means only a | 941 |
major political party; | 942 |
(e) Any contribution as defined in section 3517.1011 of the | 943 |
Revised Code that is made, received, or used to pay the direct | 944 |
costs of producing or airing an electioneering communication; | 945 |
(f) Any gift given to a state or county political party for | 946 |
the party's restricted fund under division (A)(2) of section | 947 |
3517.1012 of the Revised Code; | 948 |
(g) Any gift given to a state political party for deposit in | 949 |
a levin account pursuant to section 3517.1013 of the Revised Code. | 950 |
As used in this division, "levin account" has the same meaning as | 951 |
in that section. | 952 |
(6) "Expenditure" means the disbursement or use of a | 953 |
contribution for the purpose of influencing the results of an | 954 |
election or of making a charitable donation under division (G) of | 955 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 956 |
contribution by a state or county political party is an | 957 |
expenditure and shall be considered either to be made for the | 958 |
purpose of influencing the results of an election or to be made as | 959 |
a charitable donation under division (G) of section 3517.08 of the | 960 |
Revised Code and shall be reported on a statement of expenditures | 961 |
filed under section 3517.10 of the Revised Code. During the thirty | 962 |
days preceding a primary or general election, any disbursement to | 963 |
pay the direct costs of producing or airing a broadcast, cable, or | 964 |
satellite communication that refers to a clearly identified | 965 |
candidate shall be considered to be made for the purpose of | 966 |
influencing the results of that election and shall be reported as | 967 |
an expenditure or as an independent expenditure under section | 968 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 969 |
that the information required to be reported regarding | 970 |
contributors for those expenditures or independent expenditures | 971 |
shall be the same as the information required to be reported under | 972 |
division (D)(1) and (2) of section 3517.1011 of the Revised Code. | 973 |
As used in this division, "broadcast, cable, or satellite | 974 |
communication" and "refers to a clearly identified candidate" have | 975 |
the same meanings as in section 3517.1011 of the Revised Code. | 976 |
(7) "Personal expenses" includes, but is not limited to, | 977 |
ordinary expenses for accommodations, clothing, food, personal | 978 |
motor vehicle or airplane, and home telephone. | 979 |
(8) "Political action committee" means a combination of two | 980 |
or more persons, the primary or | 981 |
is to support or oppose any candidate, political party, or issue, | 982 |
or to influence the result of any election through express | 983 |
advocacy, and that is not a political party, a campaign committee, | 984 |
985 | |
"Political action committee" does not include a continuing | 986 |
association that makes disbursements for the direct costs of | 987 |
producing or airing electioneering communications and that does | 988 |
not engage in express advocacy. | 989 |
(9) "Public office" means any state, county, municipal, | 990 |
township, | 991 |
party, that is filled by an election and the offices of United | 992 |
States senator and
| 993 |
(10) "Anything of value" has the same meaning as in section | 994 |
1.03 of the Revised Code. | 995 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 996 |
public official or employee for whose benefit a campaign fund | 997 |
exists, and any other person who has ever been a candidate or | 998 |
public official or employee and for whose benefit a campaign fund | 999 |
exists. | 1000 |
(12) "Campaign fund" means money or other property, including | 1001 |
contributions. | 1002 |
(13) "Public official or employee" has the same meaning as in | 1003 |
section 102.01 of the Revised Code. | 1004 |
(14) "Caucus" means all of the members of the house of | 1005 |
representatives or all of the members of the senate of the general | 1006 |
assembly who are members of the same political party. | 1007 |
(15) "Legislative campaign fund" means a fund that is | 1008 |
established as an auxiliary of a state political party and | 1009 |
associated with one of the houses of the general assembly. | 1010 |
(16) "In-kind contribution" means anything of value other | 1011 |
than money that is used to influence the results of an election or | 1012 |
is transferred to or used in support of or in opposition to a | 1013 |
candidate, campaign committee, legislative campaign fund, | 1014 |
political party, or political action committee | 1015 |
1016 | |
coordination, cooperation, or consultation with, or at the request | 1017 |
or suggestion of the benefited candidate, committee, fund, or | 1018 |
party | 1019 |
distribution, or republication, in whole or part, of any broadcast | 1020 |
or of any written, graphic, or other form of campaign materials | 1021 |
prepared by the candidate, the candidate's campaign committee, or | 1022 |
their authorized agents is an in-kind contribution to the | 1023 |
candidate and an expenditure by the candidate. | 1024 |
(17) "Independent expenditure" means an expenditure by a | 1025 |
person advocating the election or defeat of an identified | 1026 |
candidate or candidates, that is not made with the consent of, in | 1027 |
coordination, cooperation, or consultation with, or at the request | 1028 |
or suggestion of any candidate or candidates or of the campaign | 1029 |
committee or agent of the candidate or candidates. As used in | 1030 |
division (B)(17) of this section: | 1031 |
(a) "Person" means an individual, partnership, unincorporated | 1032 |
business organization or association, political action committee, | 1033 |
1034 | |
association, or | 1035 |
not a labor organization or a corporation | 1036 |
1037 |
(b) "Advocating" means any communication containing a message | 1038 |
advocating election or defeat. | 1039 |
(c) "Identified candidate" means that the name of the | 1040 |
candidate appears, a photograph or drawing of the candidate | 1041 |
appears, or the identity of the candidate is otherwise apparent by | 1042 |
unambiguous reference. | 1043 |
(d) "Made in coordination, cooperation, or consultation with, | 1044 |
or at the request or suggestion of, any candidate or the campaign | 1045 |
committee or agent of the candidate" means made pursuant to any | 1046 |
arrangement, coordination, or direction by the candidate, the | 1047 |
candidate's campaign committee, or the candidate's agent prior to | 1048 |
the publication, distribution, display, or broadcast of the | 1049 |
communication. An expenditure is presumed to be so made when it is | 1050 |
any of the following: | 1051 |
(i) Based on information about the candidate's plans, | 1052 |
projects, or needs provided to the person making the expenditure | 1053 |
by the candidate, or by the candidate's campaign committee or | 1054 |
agent, with a view toward having an expenditure made; | 1055 |
(ii) Made by or through any person who is, or has been, | 1056 |
authorized to raise or expend funds, who is, or has been, an | 1057 |
officer of the candidate's campaign committee, or who is, or has | 1058 |
been, receiving any form of compensation or reimbursement from the | 1059 |
candidate or the candidate's campaign committee or agent; | 1060 |
(iii) | 1061 |
section 3517.105 of the Revised Code, made by a political party in | 1062 |
support of a candidate, unless the expenditure is made by a | 1063 |
political party to conduct voter registration or voter education | 1064 |
efforts. | 1065 |
(e) "Agent" means any person who has actual oral or written | 1066 |
authority, either express or implied, to make or to authorize the | 1067 |
making of expenditures on behalf of a candidate, or means any | 1068 |
person who has been placed in a position with the candidate's | 1069 |
campaign committee or organization such that it would reasonably | 1070 |
appear that in the ordinary course of campaign-related activities | 1071 |
the person may authorize expenditures. | 1072 |
(18) "Labor organization" means a labor union; an employee | 1073 |
organization; a federation of labor unions, groups, locals, or | 1074 |
other employee organizations; an auxiliary of a labor union, | 1075 |
employee organization, or federation of labor unions, groups, | 1076 |
locals, or other employee organizations; or any other bona fide | 1077 |
organization in which employees participate and that exists for | 1078 |
the purpose, in whole or in part, of dealing with employers | 1079 |
concerning grievances, labor disputes, wages, hours, and other | 1080 |
terms and conditions of employment. | 1081 |
(19) "Separate segregated fund" means a separate segregated | 1082 |
fund established pursuant to the Federal Election Campaign Act. | 1083 |
(20) "Federal Election Campaign Act" means the "Federal | 1084 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 1085 |
seq., as amended. | 1086 |
(21)
| 1087 |
1088 | |
1089 | |
1090 | |
1091 | |
1092 | |
1093 | |
1094 | |
1095 | |
means the fund a state or county political party must establish | 1096 |
under division (A)(1) of section 3517.1012 of the Revised Code. | 1097 |
(22) "Electioneering communication" has the same meaning as | 1098 |
in section 3517.1011 of the Revised Code. | 1099 |
(23) "Express advocacy" means a communication that contains | 1100 |
express words advocating the nomination, election, or defeat of a | 1101 |
candidate or that contains express words advocating the adoption | 1102 |
or defeat of a question or issue, as determined by a final | 1103 |
judgment of a court of competent jurisdiction. | 1104 |
(24) "Political committee" has the same meaning as in section | 1105 |
3517.1011 of the Revised Code. | 1106 |
Sec. 3517.08. (A) The personal expenses of a candidate paid | 1107 |
for by the candidate, from the candidate's personal funds, shall | 1108 |
not be considered as a contribution by or an expenditure by the | 1109 |
candidate and shall not be reported under section 3517.10 of the | 1110 |
Revised Code. | 1111 |
(B)(1) An expenditure by a political action
committee | 1112 |
1113 | |
contribution by the
political action committee | 1114 |
1115 | |
candidate if the purpose of the expenditure is to inform only its | 1116 |
members by means of mailed publications of its activities or | 1117 |
endorsements. | 1118 |
(2) An expenditure by a political party shall not be | 1119 |
considered a contribution by the political party or an expenditure | 1120 |
by or on behalf of the candidate if the purpose of the expenditure | 1121 |
is to inform predominantly the party's members by means of mailed | 1122 |
publications or other direct communication of its activities or | 1123 |
endorsements, or for voter contact such as sample ballots, absent | 1124 |
voter's ballots application mailings, voter registration, or | 1125 |
get-out-the-vote activities. | 1126 |
(C) An expenditure by a continuing association | 1127 |
1128 | |
contribution to any campaign committee or an expenditure by or on | 1129 |
behalf of any campaign committee if the purpose of the expenditure | 1130 |
is for the
staff and maintenance of the continuing association's | 1131 |
1132 | |
headquarters, or for a political poll, survey, index, or other | 1133 |
type of measurement not on behalf of a specific candidate. | 1134 |
(D) The expenses of maintaining a constituent office paid | 1135 |
for, from the candidate's personal funds, by a candidate who is a | 1136 |
member of the general assembly at the time of the election shall | 1137 |
not be considered a contribution by or an expenditure by or on | 1138 |
behalf of the candidate, and shall not be reported, if the | 1139 |
constituent office is not used for any candidate's campaign | 1140 |
activities. | 1141 |
(E) The net contribution of each social or fund-raising | 1142 |
activity shall be calculated by totaling all contributions to the | 1143 |
activity minus the expenditures made for the activity. | 1144 |
(F) An expenditure that purchases goods or services shall be | 1145 |
attributed to an election when the disbursement of funds is made, | 1146 |
rather than at the time the goods or services are used. The | 1147 |
secretary of state, under the procedures of Chapter 119. of the | 1148 |
Revised Code, shall establish rules for the attribution of | 1149 |
expenditures to a candidate when the candidate is a candidate for | 1150 |
more than one office during a reporting period and for | 1151 |
expenditures made in a year in which no election is held. The | 1152 |
secretary of state shall further define by rule those expenditures | 1153 |
that are or are not by or on behalf of a candidate. | 1154 |
(G) An expenditure for the purpose of a charitable donation | 1155 |
may be made if it is made to an organization that is exempt from | 1156 |
federal income taxation under subsection 501(a) and described in | 1157 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 1158 |
501(c)(19) of the Internal Revenue Code or is approved by advisory | 1159 |
opinion of the Ohio elections commission as a legitimate | 1160 |
charitable organization. Each expenditure under this division | 1161 |
shall be separately itemized on statements made pursuant to | 1162 |
section 3517.10 of the Revised Code. | 1163 |
Sec. 3517.09. (A) No person or committee shall solicit, ask, | 1164 |
invite, or demand, directly or indirectly, orally or in writing, a | 1165 |
contribution, subscription, or payment from a candidate for | 1166 |
nomination or election or from the campaign committee of that | 1167 |
candidate, and no person shall solicit, ask, invite, or demand | 1168 |
that a candidate for nomination or election or the campaign | 1169 |
committee of that candidate subscribe to the support of a club or | 1170 |
organization, buy tickets to an entertainment, ball, supper, or | 1171 |
other meeting, or pay for space in a book, program, or | 1172 |
publication. This division does not apply to any of the following: | 1173 |
(1) Regular advertisements in periodicals having an | 1174 |
established circulation; | 1175 |
(2) Regular payments to civic, political, fraternal, social, | 1176 |
charitable, or religious organizations of which the candidate was | 1177 |
a member or contributor six months before the candidate's | 1178 |
candidacy; | 1179 |
(3) Regular party assessments made by a party against its own | 1180 |
candidates. | 1181 |
(B) No person shall coerce, intimidate, or cause harm to | 1182 |
another person by an act or failure to act, or shall threaten to | 1183 |
coerce, intimidate, or cause harm to another person, because that | 1184 |
other person makes or does not make a contribution to a candidate, | 1185 |
campaign committee, political party, legislative campaign fund, | 1186 |
political action committee,
or | 1187 |
person making disbursements to pay the direct costs of producing | 1188 |
or airing electioneering communications. | 1189 |
(C) An employer or labor organization that, directly or | 1190 |
through another person, solicits an employee of the employer or a | 1191 |
member of the labor organization for a contribution to a | 1192 |
candidate, campaign committee, political action committee, | 1193 |
legislative campaign fund, political party,
or | 1194 |
1195 | |
costs of producing or airing electioneering communications shall | 1196 |
inform the employee or member at the time of the solicitation that | 1197 |
making a contribution is voluntary and that a decision of the | 1198 |
employee or member to make a contribution or not to make a | 1199 |
contribution will not benefit the employee or member or place the | 1200 |
employee or member at a disadvantage with respect to employment by | 1201 |
the employer or membership in the labor organization. | 1202 |
Sec. 3517.092. (A) As used in this section: | 1203 |
(1) "Appointing authority" has the same meaning as in section | 1204 |
124.01 of the Revised Code. | 1205 |
(2) "State elected officer" means any person appointed or | 1206 |
elected to a state elective office. | 1207 |
(3) "State elective office" means any of the offices of | 1208 |
governor, lieutenant governor, secretary of state, auditor of | 1209 |
state, treasurer of state, attorney general, member of the state | 1210 |
board of education, member of the general assembly, and justice | 1211 |
and chief justice of the supreme court. | 1212 |
(4) "County elected officer" means any person appointed or | 1213 |
elected to a county elective office. | 1214 |
(5) "County elective office" means any of the offices of | 1215 |
county auditor, county treasurer, clerk of the court of common | 1216 |
pleas, sheriff, county recorder, county engineer, county | 1217 |
commissioner, prosecuting attorney, and coroner. | 1218 |
(6) "Contribution" includes a contribution to any political | 1219 |
party, campaign
committee, political action committee, | 1220 |
1221 |
(B) No state elected officer, no campaign committee of such | 1222 |
an officer, and no other person or entity shall knowingly solicit | 1223 |
or accept a contribution on behalf of that officer or that | 1224 |
officer's campaign committee from any of the following: | 1225 |
(1) A state employee whose appointing authority is the state | 1226 |
elected officer; | 1227 |
(2) A state employee whose appointing authority is authorized | 1228 |
or required by law to be appointed by the state elected officer; | 1229 |
(3) A state employee who functions in or is employed in or by | 1230 |
the same public agency, department, division, or office as the | 1231 |
state elected officer. | 1232 |
(C) No candidate for a state elective office, no campaign | 1233 |
committee of such a candidate, and no other person or entity shall | 1234 |
knowingly solicit or accept a contribution on behalf of that | 1235 |
candidate or that candidate's campaign committee from any of the | 1236 |
following: | 1237 |
(1) A state employee at the time of the solicitation, whose | 1238 |
appointing authority will be the candidate, if elected; | 1239 |
(2) A state employee at the time of the solicitation, whose | 1240 |
appointing authority will be appointed by the candidate, if | 1241 |
elected, as authorized or required by law; | 1242 |
(3) A state employee at the time of the solicitation, who | 1243 |
will function in or be employed in or by the same public agency, | 1244 |
department, division, or office as the candidate, if elected. | 1245 |
(D) No county elected officer, no campaign committee of such | 1246 |
an officer, and no other person or entity shall knowingly solicit | 1247 |
a contribution on behalf of that officer or that officer's | 1248 |
campaign committee from any of the following: | 1249 |
(1) A county employee whose appointing authority is the | 1250 |
county elected officer; | 1251 |
(2) A county employee whose appointing authority is | 1252 |
authorized or required by law to be appointed by the county | 1253 |
elected officer; | 1254 |
(3) A county employee who functions in or is employed in or | 1255 |
by the same public agency, department, division, or office as the | 1256 |
county elected officer. | 1257 |
(E) No candidate for a county elective office, no campaign | 1258 |
committee of such a candidate, and no other person or entity shall | 1259 |
knowingly solicit a contribution on behalf of that candidate or | 1260 |
that candidate's campaign committee from any of the following: | 1261 |
(1) A county employee at the time of the solicitation, whose | 1262 |
appointing authority will be the candidate, if elected; | 1263 |
(2) A county employee at the time of the solicitation, whose | 1264 |
appointing authority will be appointed by the candidate, if | 1265 |
elected, as authorized or required by law; | 1266 |
(3) A county employee at the time of the solicitation, who | 1267 |
will function in or be employed in or by the same public agency, | 1268 |
department, division, or office as the candidate, if elected. | 1269 |
(F)(1) No public employee shall solicit a contribution from | 1270 |
any person while the public employee is performing the public | 1271 |
employee's official duties or in those areas of a public building | 1272 |
where official business is transacted or conducted. | 1273 |
(2) No person shall solicit a contribution from any public | 1274 |
employee while the public employee is performing the public | 1275 |
employee's official duties or is in those areas of a public | 1276 |
building where official business is transacted or conducted. | 1277 |
(3) As used in division (F) of this section, "public | 1278 |
employee" does not include any person holding an elective office. | 1279 |
(G) The prohibitions in divisions (B), (C), (D), (E), and (F) | 1280 |
of this section are in addition to the prohibitions in sections | 1281 |
124.57, 3304.22, and 4503.032 of the Revised Code. | 1282 |
Sec. 3517.10. (A) Except as otherwise provided in this | 1283 |
division, every campaign committee, political action committee, | 1284 |
legislative campaign fund, and political party | 1285 |
1286 | |
an expenditure in connection with the nomination or election of | 1287 |
any candidate or in connection with any ballot issue or question | 1288 |
at any election held or to be held in this state shall file, on a | 1289 |
form prescribed under this section | 1290 |
transmission as provided in this section and section 3517.106 of | 1291 |
the Revised
Code, | 1292 |
1293 | |
and itemized statement, made under penalty of election | 1294 |
falsification, setting forth in detail the contributions and | 1295 |
expenditures, | 1296 |
(1) The twelfth day before the election to reflect | 1297 |
contributions received and expenditures made from the close of | 1298 |
business on the last day reflected in the last previously filed | 1299 |
statement, if any, to the close of business on the twentieth day | 1300 |
before the election; | 1301 |
(2) The thirty-eighth day after the election to reflect the | 1302 |
contributions received and expenditures made from the close of | 1303 |
business on the last day reflected in the last previously filed | 1304 |
statement, if any, to the close of business on the seventh day | 1305 |
before the filing of the statement; | 1306 |
(3) The last business day of January of every year to reflect | 1307 |
the contributions received and expenditures made from the close of | 1308 |
business on the last day reflected in the last previously filed | 1309 |
statement, if any, to the close of business on the last day of | 1310 |
December of the previous year; | 1311 |
(4) The last business day of July of every year to reflect | 1312 |
the contributions received and expenditures made from the close of | 1313 |
business on the last day reflected in the last previously filed | 1314 |
statement, if any, to the close of business on the last day of | 1315 |
June of that year. | 1316 |
A campaign committee shall only be required to file the | 1317 |
statements prescribed under divisions (A)(1) and (2) of this | 1318 |
section in connection with the nomination or election of the | 1319 |
committee's candidate. | 1320 |
The statement required under division (A)(1) of this section | 1321 |
shall not be required of any campaign committee, political action | 1322 |
committee, legislative campaign
fund, or political party | 1323 |
1324 | |
less than one thousand dollars and has made expenditures of less | 1325 |
than one thousand dollars at the close of business on the | 1326 |
twentieth day before the election. Those contributions and | 1327 |
expenditures shall be reported in the statement required under | 1328 |
division (A)(2) of this section. | 1329 |
If an election to select candidates to appear on the general | 1330 |
election ballot is held within sixty days before a general | 1331 |
election, the campaign committee of a successful candidate in the | 1332 |
earlier election may file the statement required by division | 1333 |
(A)(1) of this section for the general election instead of the | 1334 |
statement required by division (A)(2) of this section for the | 1335 |
earlier election if the pregeneral election statement reflects the | 1336 |
status of contributions and expenditures for the period twenty | 1337 |
days before the earlier election to twenty days before the general | 1338 |
election. | 1339 |
If a person becomes a candidate less than twenty days before | 1340 |
an election, the candidate's campaign committee is not required to | 1341 |
file the statement required by division (A)(1) of this section. | 1342 |
No statement under division (A)(3) or (4) of this section | 1343 |
shall be required for any year in which a campaign committee, | 1344 |
political action committee, legislative campaign fund, or | 1345 |
political party | 1346 |
file a postgeneral election statement under division (A)(2) of | 1347 |
this section. However, such a statement may be filed, at the | 1348 |
option of the campaign committee, political action committee, | 1349 |
legislative
campaign fund, or
political party | 1350 |
1351 |
No statement under division (A)(3) or (4) of this section | 1352 |
shall be required if the campaign committee, political action | 1353 |
committee,
legislative campaign fund, or political party | 1354 |
1355 | |
received and no expenditures that it has made since the last date | 1356 |
reflected in its last previously filed statement. However, the | 1357 |
campaign committee, political action committee, legislative | 1358 |
campaign fund, or
political party | 1359 |
1360 | |
under this section and made under penalty of election | 1361 |
falsification, on the date required in division (A)(3) or (4) of | 1362 |
this section, as applicable. | 1363 |
The campaign committee of a statewide candidate shall file a | 1364 |
monthly statement of contributions received during each of the | 1365 |
months of July, August, and September in the year of the general | 1366 |
election in which the candidate seeks office. The campaign | 1367 |
committee of a statewide candidate shall file the monthly | 1368 |
statement not later than three business days after the last day of | 1369 |
the month covered by the statement. During the period beginning on | 1370 |
the nineteenth day before the general election in which a | 1371 |
statewide candidate seeks election to office and extending through | 1372 |
the day of that general election, each time the campaign committee | 1373 |
of the joint candidates for the offices of governor and lieutenant | 1374 |
governor or of a candidate for the office of secretary of state, | 1375 |
auditor of state, treasurer of state, or attorney general receives | 1376 |
a contribution from a contributor that causes the aggregate amount | 1377 |
of contributions received from that contributor during that period | 1378 |
to equal or exceed | 1379 |
time the campaign committee of a candidate for the office of chief | 1380 |
justice or justice of the supreme court receives a contribution | 1381 |
from a contributor that causes the aggregate amount of | 1382 |
contributions received from that contributor during that period to | 1383 |
exceed | 1384 |
shall file a two-business-day statement reflecting that | 1385 |
contribution. During the period beginning on the nineteenth day | 1386 |
before a primary election in which a candidate for statewide | 1387 |
office seeks nomination to office and extending through the day of | 1388 |
that primary election, each time either the campaign committee of | 1389 |
a statewide candidate in that primary election that files a notice | 1390 |
under division (C)(1) of section 3517.103 of the Revised Code or | 1391 |
the campaign committee of a statewide candidate in that primary | 1392 |
election to which, in accordance with division (D) of section | 1393 |
3517.103 of the Revised Code, the contribution limitations | 1394 |
prescribed in section 3517.102 of the Revised Code no longer apply | 1395 |
receives a contribution from a contributor that causes the | 1396 |
aggregate amount of contributions received from that contributor | 1397 |
during that period
to exceed | 1398 |
dollars, the campaign committee shall file a two-business-day | 1399 |
statement reflecting that contribution. Contributions reported on | 1400 |
a two-business-day statement required to be filed by a campaign | 1401 |
committee of a statewide candidate in a primary election shall | 1402 |
also be included in the postprimary election statement required to | 1403 |
be filed by that campaign committee under division (A)(2) of this | 1404 |
section. A two-business-day statement required by this paragraph | 1405 |
shall be filed not later than two business days after receipt of | 1406 |
the contribution. The statements required by this paragraph shall | 1407 |
be filed in addition to any other statements required by this | 1408 |
section. | 1409 |
Subject to the secretary of state having implemented, tested, | 1410 |
and verified the successful operation of any system the secretary | 1411 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 1412 |
this section and division (H)(1) of section 3517.106 of the | 1413 |
Revised Code for the filing of campaign finance statements by | 1414 |
electronic means of transmission, a campaign committee of a | 1415 |
statewide candidate shall file a two-business-day statement under | 1416 |
the preceding paragraph by electronic means of transmission if the | 1417 |
campaign committee
is required to file a | 1418 |
postelection, or monthly statement of contributions and | 1419 |
expenditures by electronic means of transmission under this | 1420 |
section or section 3517.106 of the Revised Code. | 1421 |
If a campaign committee or political action committee has no | 1422 |
balance on hand and no outstanding obligations and desires to | 1423 |
terminate itself, it shall file a statement to that effect, on a | 1424 |
form prescribed under this section and made under penalty of | 1425 |
election falsification, with the official with whom it files a | 1426 |
statement under division (A) of this section after filing a final | 1427 |
statement of contributions and a final statement of expenditures, | 1428 |
if contributions have been received or expenditures made since the | 1429 |
period reflected in its last previously filed statement. | 1430 |
(B) Except as otherwise provided in division (C)(7) of this | 1431 |
section, each statement required by division (A) of this section | 1432 |
shall contain the following information: | 1433 |
(1) The full name and address of each campaign committee, | 1434 |
political action committee, legislative campaign fund, or | 1435 |
political
party, | 1436 |
treasurer
of the committee, fund, or party, | 1437 |
contribution and expenditure statement; | 1438 |
(2)(a) In the case of a campaign committee, the candidate's | 1439 |
full name and address; | 1440 |
(b) In the case of a political action committee, the | 1441 |
registration number assigned to the committee under division | 1442 |
(D)(1) of this section. | 1443 |
(3) The date of the election and whether it was or will be a | 1444 |
general, primary, or special election; | 1445 |
(4) A statement of contributions received, which shall | 1446 |
include the following information: | 1447 |
(a) The month, day, and year of the contribution; | 1448 |
(b)(i) The full name and address of each person, political | 1449 |
party, campaign committee, legislative campaign fund, or political | 1450 |
action committee | 1451 |
contributions are received and the registration number assigned to | 1452 |
the political action committee under division (D)(1) of this | 1453 |
section. The requirement of filing the full address does not apply | 1454 |
to any statement filed by a state or local committee of a | 1455 |
political party, to a finance committee of such committee, or to a | 1456 |
committee recognized by a state or local committee as its | 1457 |
fund-raising auxiliary. Notwithstanding
division (F) | 1458 |
section, the requirement of filing the full address shall be | 1459 |
considered as being met if the address filed is the same address | 1460 |
the contributor provided under division (E)(1) of this section. | 1461 |
(ii) If a political action committee, legislative campaign | 1462 |
fund, or political party that is required to file campaign finance | 1463 |
statements by electronic means of transmission under section | 1464 |
3517.106 of the Revised Code or a campaign committee of a | 1465 |
statewide candidate or candidate for the office of member of the | 1466 |
general assembly receives a contribution from an individual that | 1467 |
exceeds one hundred dollars, the name of the individual's current | 1468 |
employer, if any, or, if the individual is self-employed, the | 1469 |
individual's occupation and the name of the individual's business, | 1470 |
if any; | 1471 |
(iii) If a campaign committee of a statewide candidate or | 1472 |
candidate for the office of member of the general assembly | 1473 |
receives a contribution transmitted pursuant to section 3599.031 | 1474 |
of the Revised Code from amounts deducted from the wages and | 1475 |
salaries of two or more employees that exceeds in the aggregate | 1476 |
one hundred dollars during any one filing period under division | 1477 |
(A)(1), (2), | 1478 |
employees' employer and the full name of the labor organization of | 1479 |
which the employees are members, if any. | 1480 |
(c) A description of the contribution received, if other than | 1481 |
money; | 1482 |
(d) The value in dollars and cents of the contribution; | 1483 |
(e) A separately itemized account of all contributions and | 1484 |
expenditures regardless of the amount, except a receipt of a | 1485 |
contribution from a person in the sum of twenty-five dollars or | 1486 |
less at one social or fund-raising activity and a receipt of a | 1487 |
contribution transmitted pursuant to section 3599.031 of the | 1488 |
Revised Code from amounts deducted from the wages and salaries of | 1489 |
employees if the contribution from the amount deducted from the | 1490 |
wages and salary of any one employee is twenty-five dollars or | 1491 |
less aggregated in a calendar year. An account of the total | 1492 |
contributions from each social or fund-raising activity shall | 1493 |
include a description of and the value of each in-kind | 1494 |
contribution received at that activity from any person who made | 1495 |
one or more such contributions whose aggregate value exceeded two | 1496 |
hundred fifty dollars and shall be listed separately, together | 1497 |
with the expenses incurred and paid in connection with that | 1498 |
activity. A campaign committee, political action committee, | 1499 |
legislative campaign fund, or political
party | 1500 |
1501 | |
person in the amount of twenty-five dollars or less at one social | 1502 |
or fund-raising activity and contributions from amounts deducted | 1503 |
under section 3599.031 of the Revised Code from the wages and | 1504 |
salary of each employee in the amount of twenty-five dollars or | 1505 |
less aggregated in a calendar year. No continuing association that | 1506 |
is recognized by a state or local committee of a political party | 1507 |
as an auxiliary of the party and that makes a contribution from | 1508 |
funds derived solely from regular dues paid by members of the | 1509 |
auxiliary shall be required to list the name or address of any | 1510 |
members who paid those dues. | 1511 |
Contributions that are other income shall be itemized | 1512 |
separately from all other contributions. The information required | 1513 |
under division (B)(4) of this section shall be provided for all | 1514 |
other income itemized. As used in this paragraph, "other income" | 1515 |
means a loan, investment income, or interest income. | 1516 |
(f) In the case of a campaign committee of a state elected | 1517 |
officer, if a person doing business with the state elected officer | 1518 |
in the officer's official capacity makes a contribution to the | 1519 |
campaign committee of that officer, the information required under | 1520 |
division (B)(4) of this section in regard to that contribution, | 1521 |
which shall be filed together with and considered a part of the | 1522 |
committee's statement of contributions as required under division | 1523 |
(A) of this section but shall be filed on a separate form provided | 1524 |
by the secretary of state. As used in
this division | 1525 |
1526 |
(g) In the case of a contributor who is an individual, the | 1527 |
age of the contributor. | 1528 |
(i) "State elected officer" has the same meaning as in | 1529 |
section 3517.092 of the Revised Code. | 1530 |
(ii) "Person doing business" means a person or an officer of | 1531 |
an entity who enters into one or more contracts with a state | 1532 |
elected officer or anyone authorized to enter into contracts on | 1533 |
behalf of that officer to receive payments for goods or services, | 1534 |
if the payments total, in the aggregate, more than five thousand | 1535 |
dollars during a calendar year. | 1536 |
(5) A statement of expenditures which shall include the | 1537 |
following information: | 1538 |
(a) The month, day, and year of the expenditure; | 1539 |
(b) The full name and address of each person, political | 1540 |
party, campaign committee, legislative campaign fund, or political | 1541 |
action committee | 1542 |
expenditure was made and the registration number assigned to the | 1543 |
political action committee under division (D)(1) of this section; | 1544 |
(c) The object or purpose for which the expenditure was made; | 1545 |
(d) The amount of each expenditure. | 1546 |
(C)(1) The statement of contributions and expenditures shall | 1547 |
be signed by the person completing the form. If a statement of | 1548 |
contributions and expenditures is filed by electronic means of | 1549 |
transmission pursuant to this section or section 3517.106 of the | 1550 |
Revised Code, the electronic signature of the person who executes | 1551 |
the statement and transmits the statement by electronic means of | 1552 |
transmission, as provided in division (H) of section 3517.106 of | 1553 |
the Revised Code, shall be attached to or associated with the | 1554 |
statement and shall be binding on all persons and for all purposes | 1555 |
under the campaign finance reporting law as if the signature had | 1556 |
been handwritten in ink on a printed form. | 1557 |
(2) The person filing the statement, under penalty of | 1558 |
election falsification, shall include with it a list of each | 1559 |
anonymous contribution, the circumstances under which it was | 1560 |
received, and the reason it cannot be attributed to a specific | 1561 |
donor. | 1562 |
(3) Each statement of a campaign committee of a candidate who | 1563 |
holds public office shall contain a designation of each | 1564 |
contributor who is an employee in any unit or department under the | 1565 |
candidate's direct supervision and control. In a space provided in | 1566 |
the statement, the person filing the statement shall affirm that | 1567 |
each such contribution was voluntarily made. | 1568 |
(4) A campaign committee that did not receive contributions | 1569 |
or make expenditures in connection with the nomination or election | 1570 |
of its candidate shall file a statement to that effect, on a form | 1571 |
prescribed under this section and made under penalty of election | 1572 |
falsification, on the date required in division (A)(2) of this | 1573 |
section. | 1574 |
(5) The campaign committee of any person who attempts to | 1575 |
become a candidate and who, for any reason, does not become | 1576 |
certified in accordance with Title XXXV of the Revised Code for | 1577 |
placement on the official ballot of a primary, general, or special | 1578 |
election to be held in this state, and who, at any time prior to | 1579 |
or after an election, receives contributions or makes | 1580 |
expenditures, or has given consent for another to receive | 1581 |
contributions or make expenditures, for the purpose of bringing | 1582 |
about the person's nomination or election to public office, shall | 1583 |
file the statement or statements prescribed by this section and a | 1584 |
termination
statement, if applicable. | 1585 |
(C)(5) of this section does not apply to any person with respect | 1586 |
to an election to the offices of member of a county or state | 1587 |
central committee, presidential elector, or delegate to a national | 1588 |
convention or conference of a political party. | 1589 |
(6)(a) The statements required to be filed under this section | 1590 |
shall specify the balance in the hands of the campaign committee, | 1591 |
political action committee, legislative campaign fund, or | 1592 |
political
party | 1593 |
disposition intended to be made of that balance. | 1594 |
(b) The secretary of state shall prescribe the form for all | 1595 |
statements required to be filed under this section and shall | 1596 |
furnish the forms to the boards of elections in the several | 1597 |
counties. The boards of elections shall supply printed copies of | 1598 |
those forms without charge. The secretary of state shall prescribe | 1599 |
the appropriate methodology, protocol, and data file structure for | 1600 |
statements required or permitted to be filed by electronic means | 1601 |
of transmission under division (A) of
this
section | 1602 |
(E), (F), and (G) of section 3517.106, division (D) of section | 1603 |
3517.1011, division (B) of section 3517.1012, and division (C) of | 1604 |
section 3517.1013 of
the
Revised Code | 1605 |
1606 | |
1607 | |
section | 1608 |
division (D) of section 3517.1011, division (B) of section | 1609 |
3517.1012, and division (C) of section 3517.1013 of the Revised | 1610 |
Code, the statements required to be stored on computer by the | 1611 |
secretary of state under division (B) of section 3517.106 of the | 1612 |
Revised Code shall be filed in whatever format the secretary of | 1613 |
state considers necessary to enable the secretary of state to | 1614 |
store the information contained in the statements on computer. Any | 1615 |
such format shall be of a type and nature that is readily | 1616 |
available to whoever is required to file the statements in that | 1617 |
format. | 1618 |
(c) The secretary of state shall assess the need for training | 1619 |
regarding the filing of campaign finance statements by electronic | 1620 |
means of transmission and regarding associated technologies for | 1621 |
candidates, campaign committees, political action committees, | 1622 |
legislative campaign funds, or political parties,
| 1623 |
1624 | |
entities, or for persons making disbursements to pay the direct | 1625 |
costs of producing or airing electioneering communications, | 1626 |
required or permitted to file statements by electronic means of | 1627 |
transmission under this
section or section
3517.105 | 1628 |
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the | 1629 |
opinion of the secretary of state, training in these areas is | 1630 |
necessary, the secretary of state shall arrange for the provision | 1631 |
of voluntary training programs for candidates, campaign | 1632 |
committees, political action committees, legislative campaign | 1633 |
funds, or political
parties,
| 1634 |
for individuals, partnerships, and other entities, or for persons | 1635 |
making disbursements to pay the direct costs of producing or | 1636 |
airing electioneering communications, as appropriate. | 1637 |
(7) Each monthly statement and each two-business-day | 1638 |
statement required by division (A) of this section shall contain | 1639 |
the information required by divisions (B)(1) to (4), (C)(2), and, | 1640 |
if appropriate, (C)(3) of this section. Each statement shall be | 1641 |
signed as required by division (C)(1) of this section. | 1642 |
(D)(1) Prior to receiving a contribution or making an | 1643 |
expenditure, every campaign committee, political action committee, | 1644 |
legislative campaign fund, or political party | 1645 |
1646 | |
form prescribed by the secretary of state, a designation of that | 1647 |
appointment, including the full name and address of the treasurer | 1648 |
and of the campaign committee, political action committee, | 1649 |
legislative campaign fund, or political
party | 1650 |
1651 | |
official with whom the campaign committee, political action | 1652 |
committee, legislative campaign fund, or
political party | 1653 |
1654 | |
section 3517.11 of the Revised Code. The name of a campaign | 1655 |
committee shall include at least the last name of the campaign | 1656 |
committee's candidate. The secretary of state shall assign a | 1657 |
registration number to each political action committee that files | 1658 |
a designation of the appointment of a treasurer under this | 1659 |
division
| 1660 |
is required by division (A)(1) of section 3517.11 of the Revised | 1661 |
Code to file the statements prescribed by this section with the | 1662 |
secretary of state. | 1663 |
(2) The treasurer appointed under division (D)(1) of this | 1664 |
section shall keep a strict account of all contributions, from | 1665 |
whom received and the purpose for which they were disbursed. | 1666 |
(3)(a) Except as otherwise provided in section 3517.108 of | 1667 |
the Revised Code, a campaign committee shall deposit all monetary | 1668 |
contributions received by the committee into an account separate | 1669 |
from a personal or business account of the candidate or campaign | 1670 |
committee. | 1671 |
(b) A political action committee shall deposit all monetary | 1672 |
contributions received by the committee into an account separate | 1673 |
from all other funds. | 1674 |
(c) A state or county political party may establish a state | 1675 |
candidate fund that is separate from an account that contains the | 1676 |
public moneys received from the Ohio political party fund under | 1677 |
section 3517.17 of the Revised Code and from all other funds. A | 1678 |
state or county political party may deposit into its state | 1679 |
candidate fund any amounts of monetary contributions that are made | 1680 |
to or accepted by the political party subject to the applicable | 1681 |
limitations, if any, prescribed in section 3517.102 of the Revised | 1682 |
Code. A state or county political party shall deposit all other | 1683 |
monetary contributions received by the party into one or more | 1684 |
accounts that are separate from its state candidate fund and from | 1685 |
its account that contains the public moneys received from the Ohio | 1686 |
political party fund under section 3517.17 of the Revised Code. | 1687 |
(d) Each state political party shall have only one | 1688 |
legislative campaign fund for each house of the general assembly. | 1689 |
Each such fund shall be separate from any other funds or accounts | 1690 |
of that state party. A legislative campaign fund is authorized to | 1691 |
receive contributions and make expenditures for the primary | 1692 |
purpose of furthering the election of candidates who are members | 1693 |
of that political party to the house of the general assembly with | 1694 |
which that legislative campaign fund is associated. Each | 1695 |
legislative campaign fund shall be administered and controlled in | 1696 |
a manner designated by the caucus. As used in this division | 1697 |
1698 | |
section 3517.01 of the Revised Code and includes, as an ex officio | 1699 |
member, the chairperson of the state political party with which | 1700 |
the caucus is associated or that chairperson's designee. | 1701 |
(4) Every expenditure in excess of twenty-five dollars shall | 1702 |
be vouched for by a receipted bill, stating the purpose of the | 1703 |
1704 | |
of expenditures. A canceled check with a notation of the purpose | 1705 |
of the expenditure is a receipted bill for purposes of division | 1706 |
(D)(4) of this section. | 1707 |
(5) The secretary of state or the board of elections, as the | 1708 |
case may be, shall issue a receipt for each statement filed under | 1709 |
this section and shall preserve a copy of the receipt for a period | 1710 |
of at least six years. All statements filed under this section | 1711 |
shall be open to public inspection in the office where they are | 1712 |
filed and shall be carefully preserved for a period of at least | 1713 |
six years after the year in which they are filed. | 1714 |
(6) The secretary of state, by rule adopted pursuant to | 1715 |
section 3517.23 of the
Revised
Code, shall prescribe | 1716 |
the following: | 1717 |
(a) The manner of immediately acknowledging, with date and | 1718 |
time received, and preserving the receipt of statements that are | 1719 |
transmitted by electronic means of transmission to the secretary | 1720 |
of state pursuant to this section or section 3517.106, 3517.1011, | 1721 |
3517.1012, or 3517.1013 of the
Revised
Code
| 1722 |
(b) The manner of preserving the contribution and | 1723 |
expenditure, contribution and disbursement, deposit and | 1724 |
disbursement, or gift and disbursement information in | 1725 |
statements described in division (D)(6)(a) of this section. The | 1726 |
secretary of state shall preserve the contribution and | 1727 |
expenditure, contribution and disbursement, deposit and | 1728 |
disbursement, or gift and disbursement information in those | 1729 |
statements for at least ten years after the year in which they are | 1730 |
filed by electronic means of transmission. | 1731 |
(7) The secretary of state, pursuant to division (I) of | 1732 |
section 3517.106 of the Revised Code, shall make available online | 1733 |
to the public through the internet the contribution and | 1734 |
expenditure, contribution and disbursement, deposit and | 1735 |
disbursement, or gift and disbursement information in all | 1736 |
statements, all addenda, amendments, or other corrections to | 1737 |
statements, and all amended statements filed with the secretary of | 1738 |
state by electronic or other means of transmission under this | 1739 |
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or | 1740 |
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of | 1741 |
the Revised Code. The secretary of state may remove the | 1742 |
information from the internet after a reasonable period of time. | 1743 |
(E)(1) Any person, political party, campaign committee, | 1744 |
legislative campaign fund, or
political action committee | 1745 |
1746 | |
connection with the nomination or election of any candidate or in | 1747 |
connection with any ballot issue or question at any election held | 1748 |
or to be held in this state shall provide its full name and | 1749 |
address to the recipient of the contribution, and to the political | 1750 |
fundraiser through which the contribution was raised, if any, at | 1751 |
the time the contribution is made. The political action committee | 1752 |
also shall provide the registration number assigned to the | 1753 |
committee under division (D)(1) of this section to the recipient | 1754 |
of the contribution at the time the contribution is made. | 1755 |
(2) Any individual who makes a contribution that exceeds one | 1756 |
hundred dollars to a political action committee, legislative | 1757 |
campaign fund, or political party or to a campaign committee of a | 1758 |
statewide candidate or candidate for the office of member of the | 1759 |
general assembly shall provide the name of the individual's | 1760 |
current employer, if any, or, if the individual is self-employed, | 1761 |
the individual's occupation and the name of the individual's | 1762 |
business, if any, to the recipient of the contribution at the time | 1763 |
the contribution is made. Sections 3599.39 and 3599.40 of the | 1764 |
Revised Code do not apply to division (E)(2) of this section. | 1765 |
(3) If a campaign committee shows that it has exercised its | 1766 |
best efforts to obtain, maintain, and submit the information | 1767 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 1768 |
that committee is considered to have met the requirements of those | 1769 |
divisions. A campaign committee shall not be considered to have | 1770 |
exercised its best efforts unless, in connection with written | 1771 |
solicitations, it regularly includes a written request for the | 1772 |
information required under division (B)(4)(b)(ii) of this section | 1773 |
from the contributor or the information required under division | 1774 |
(B)(4)(b)(iii) of this section from whoever transmits the | 1775 |
contribution. | 1776 |
(4) Any check that a political action committee uses to make | 1777 |
a contribution or an expenditure shall contain the full name and | 1778 |
address of the committee and the registration number assigned to | 1779 |
the committee under division (D)(1) of this section. | 1780 |
(F) As used in this section: | 1781 |
(1) | 1782 |
(F)(1) of this section, "address" means all of the following if | 1783 |
they exist: apartment number, street, road, or highway name and | 1784 |
number, rural delivery route number, city or village, state, and | 1785 |
zip code as used in a person's post-office address, but not | 1786 |
post-office box. | 1787 |
| 1788 |
this section, if an address is required in this section, a | 1789 |
post-office box and office, room, or suite number may be included | 1790 |
in addition to, but not in lieu of, an apartment, street, road, or | 1791 |
highway name and number. | 1792 |
| 1793 |
committee, political action committee, legislative campaign fund, | 1794 |
or
political party | 1795 |
business or residence address of its treasurer or deputy | 1796 |
treasurer. The post-office box number of the campaign committee, | 1797 |
political action committee, legislative campaign fund, or | 1798 |
political
party | 1799 |
addition to that address. | 1800 |
(d) For the sole purpose of a campaign committee's reporting | 1801 |
of contributions on a statement of contributions received under | 1802 |
division (B)(4) of this section, "address" has one of the | 1803 |
following meanings at the option of the campaign committee: | 1804 |
(i) The same meaning as in division (F)(1)(a) of this | 1805 |
section; | 1806 |
(ii) All of the following, if they exist: the contributor's | 1807 |
post-office box number and city or village, state, and zip code as | 1808 |
used in the contributor's post-office address. | 1809 |
(e) As used with regard to the reporting under this section | 1810 |
of any expenditure, "address" means all of the following if they | 1811 |
exist: apartment number, street, road, or highway name and number, | 1812 |
rural delivery route number, city or village, state, and zip code | 1813 |
as used in a person's post-office address, or post-office box. If | 1814 |
an address concerning any expenditure is required in this section, | 1815 |
a campaign committee, political action committee, legislative | 1816 |
campaign fund, or political party may use the business or | 1817 |
residence address of its treasurer or deputy treasurer or its | 1818 |
post-office box number. | 1819 |
(2) "Statewide candidate" means the joint candidates for the | 1820 |
offices of governor and lieutenant governor or a candidate for the | 1821 |
office of secretary of state, auditor of state, treasurer of | 1822 |
state, attorney general, member of the state board of education, | 1823 |
chief justice of the supreme court, or justice of the supreme | 1824 |
court. | 1825 |
(G) An independent expenditure shall be reported whenever and | 1826 |
in the same manner that an expenditure is required to be reported | 1827 |
under this section and shall be reported pursuant to division | 1828 |
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. | 1829 |
(H)(1) Except as otherwise provided in division (H)(2) of | 1830 |
this section, if, during the combined | 1831 |
postelection reporting periods for an election, a campaign | 1832 |
committee has received contributions of five hundred dollars or | 1833 |
less and has made expenditures in the total amount of five hundred | 1834 |
dollars or less, it may file a statement to that effect, under | 1835 |
penalty of election falsification, in lieu of the statement | 1836 |
required by division (A)(2) of this section. The statement shall | 1837 |
indicate the total amount of contributions received and the total | 1838 |
amount of expenditures made during those combined reporting | 1839 |
periods. | 1840 |
(2) In the case of a successful candidate at a primary | 1841 |
election, if either the total contributions received by or the | 1842 |
total expenditures made by the candidate's campaign committee | 1843 |
during the preprimary, postprimary, pregeneral, and postgeneral | 1844 |
election periods combined equal more than five hundred dollars, | 1845 |
the campaign committee may file the statement under division | 1846 |
(H)(1) of this section only for the primary election. The first | 1847 |
statement that the campaign committee files in regard to the | 1848 |
general election shall reflect all contributions received and all | 1849 |
expenditures made during the preprimary and postprimary election | 1850 |
periods. | 1851 |
(3) Divisions (H)(1) and (2) of this section do not apply if | 1852 |
a campaign committee receives contributions or makes expenditures | 1853 |
prior to the first day of January of the year of the election at | 1854 |
which the candidate seeks nomination or election to office or if | 1855 |
the campaign committee does not file a termination statement with | 1856 |
its postprimary election statement in the case of an unsuccessful | 1857 |
primary election candidate or with its postgeneral election | 1858 |
statement in the case of other candidates. | 1859 |
(I) In the case of a contribution made by a partner of a | 1860 |
partnership or an owner or a member of another unincorporated | 1861 |
business from any funds of the partnership or other unincorporated | 1862 |
business, all of the following apply: | 1863 |
(1) The recipient of the contribution shall report the | 1864 |
contribution by listing both the partnership or other | 1865 |
unincorporated
business and the name of the
partner | 1866 |
member making the contribution. | 1867 |
(2) For purposes of section 3517.102 of the Revised Code, the | 1868 |
contribution shall be considered to have been made by the partner | 1869 |
1870 | |
section. | 1871 |
(3) No contribution from a partner of a partnership or an | 1872 |
owner or a member of another unincorporated business shall be | 1873 |
accepted from any funds of the partnership or other unincorporated | 1874 |
business unless the recipient reports the contribution under | 1875 |
division (I)(1) of this section. | 1876 |
(4) No partnership or other unincorporated business shall | 1877 |
make a contribution or contributions solely in the name of the | 1878 |
partnership or other unincorporated business. | 1879 |
(5) As used in division (I) of this section, "partnership or | 1880 |
other unincorporated business" includes, but is not limited to, a | 1881 |
cooperative, a sole proprietorship, a general partnership, a | 1882 |
limited partnership, a limited partnership association, a limited | 1883 |
liability partnership, and a limited liability company. | 1884 |
(J) A candidate shall have only one campaign committee at any | 1885 |
given time for all of the offices for which the person is a | 1886 |
candidate or holds office. | 1887 |
(K)(1) In addition to filing a designation of appointment of | 1888 |
a treasurer under division (D)(1) of this section, the campaign | 1889 |
committee of any candidate for an elected municipal office that | 1890 |
pays an annual amount of compensation of five thousand dollars or | 1891 |
less, the campaign committee of any candidate for member of a | 1892 |
board of education except member of the state board of education, | 1893 |
or the campaign committee of any candidate for township trustee or | 1894 |
township clerk may sign, under penalty of election falsification, | 1895 |
a certificate attesting that the committee will not accept | 1896 |
contributions during an election period that exceed in the | 1897 |
aggregate two thousand dollars from all contributors and one | 1898 |
hundred dollars from any one individual, and that the campaign | 1899 |
committee will not make expenditures during an election period | 1900 |
that exceed in the aggregate two thousand dollars. | 1901 |
The certificate shall be on a form prescribed by the | 1902 |
secretary of state and shall be filed not later than ten days | 1903 |
after the candidate files a declaration of candidacy and petition, | 1904 |
a nominating petition, or a declaration of intent to be a write-in | 1905 |
candidate. | 1906 |
(2) Except as otherwise provided in division (K)(3) of this | 1907 |
section, a campaign committee that files a certificate under | 1908 |
division (K)(1) of this section is not required to file the | 1909 |
statements required by division (A) of this section. | 1910 |
(3) If, after filing a certificate under division (K)(1) of | 1911 |
this section, a campaign committee exceeds any of the limitations | 1912 |
described in that division during an election period, the | 1913 |
certificate is void and thereafter the campaign committee shall | 1914 |
file the statements required by division (A) of this section. If | 1915 |
the campaign committee has not previously filed a statement, then | 1916 |
on the first statement the campaign committee is required to file | 1917 |
under division (A) of this section after the committee's | 1918 |
certificate is void, the committee shall report all contributions | 1919 |
received and expenditures made from the time the candidate filed | 1920 |
the candidate's declaration of candidacy and petition, nominating | 1921 |
petition, or declaration of intent to be a write-in candidate. | 1922 |
(4) As used in division (K) of this section, "election | 1923 |
period" means the period of time beginning on the day a person | 1924 |
files a declaration of candidacy and petition, nominating | 1925 |
petition, or declaration of intent to be a write-in candidate | 1926 |
through the day of the election at which the person seeks | 1927 |
nomination to office if the person is not elected to office, or, | 1928 |
if the candidate was nominated in a primary election, the day of | 1929 |
the election at which the candidate seeks office. | 1930 |
| 1931 |
1932 | |
1933 | |
1934 | |
1935 | |
1936 | |
1937 | |
1938 | |
1939 | |
1940 |
Sec. 3517.102. (A) Except as otherwise provided in section | 1941 |
3517.103 of the Revised Code, as used in this section and sections | 1942 |
3517.103 and 3517.104 of the Revised Code: | 1943 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 1944 |
the Revised Code but includes only candidates for the offices of | 1945 |
governor, lieutenant governor, secretary of state, auditor of | 1946 |
state, treasurer of state, attorney general, member of the state | 1947 |
board of education, member of the general assembly, chief justice | 1948 |
of the supreme court, and justice of the supreme court. | 1949 |
(2) "Statewide candidate" or "any one statewide candidate" | 1950 |
means the joint candidates for the offices of governor and | 1951 |
lieutenant governor or a candidate for the office of secretary of | 1952 |
state, auditor of state, treasurer of state, attorney general, | 1953 |
member of the state board of education, chief justice of the | 1954 |
supreme court, or justice of the supreme court. | 1955 |
(3) "Senate candidate" means a candidate for the office of | 1956 |
state senator. | 1957 |
(4) "House candidate" means a candidate for the office of | 1958 |
state representative. | 1959 |
(5)(a) "Primary election period" for a candidate begins on | 1960 |
the beginning date of the candidate's pre-filing period specified | 1961 |
in division (A)(9) of section 3517.109 of the Revised Code and | 1962 |
ends on the day of the primary election. | 1963 |
(b) In regard to any candidate, the "general election period" | 1964 |
begins on the day after the primary election immediately preceding | 1965 |
the general election at which the candidate seeks an office | 1966 |
specified in division (A)(1) of this section and ends on the | 1967 |
thirty-first day of December following that general election. | 1968 |
(6) "State candidate fund" means the state candidate fund | 1969 |
established by a state or county political party under division | 1970 |
(D)(3)(c) of section 3517.10 of the Revised Code. | 1971 |
(7) "Postgeneral election statement" means the statement | 1972 |
filed under division (A)(2) of section 3517.10 of the Revised Code | 1973 |
by the campaign committee of a candidate after the general | 1974 |
election in which the candidate ran for office or filed by | 1975 |
legislative campaign fund after the general election in an | 1976 |
even-numbered year. | 1977 |
(8) "Contribution" means any contribution that is required to | 1978 |
be reported in the statement of contributions under section | 1979 |
3517.10 of the Revised Code. | 1980 |
(9)(a) Except as otherwise provided in division (A)(9)(b) of | 1981 |
this section and in division (F) of section 3517.103 and division | 1982 |
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated | 1983 |
state campaign committee" means: | 1984 |
| 1985 |
political party, a campaign committee of a statewide candidate, | 1986 |
statewide officeholder, senate candidate, house candidate, or | 1987 |
member of the general assembly. | 1988 |
| 1989 |
political party, a
campaign committee of a | 1990 |
1991 | |
candidacy is to be submitted to some or all of the electors in | 1992 |
that county, or member of the general assembly whose district | 1993 |
contains all or part of that county. | 1994 |
| 1995 |
legislative campaign fund, a campaign committee of any of the | 1996 |
following: | 1997 |
| 1998 |
member of the same party that established the legislative campaign | 1999 |
fund and the same house with which the legislative campaign fund | 2000 |
is associated; | 2001 |
| 2002 |
member of the same party that established the legislative campaign | 2003 |
fund and the same house with which the legislative campaign fund | 2004 |
is associated. | 2005 |
(b) A campaign committee is no longer a "designated state | 2006 |
campaign committee" after the campaign committee's candidate | 2007 |
changes the designation of treasurer required to be filed under | 2008 |
division (D)(1) of section 3517.10 of the Revised Code to indicate | 2009 |
that the person intends to be a candidate for, or becomes a | 2010 |
candidate for nomination or election to, any office that, if | 2011 |
elected, would not qualify that candidate's campaign committee as | 2012 |
a "designated state campaign committee" under division (A)(9)(a) | 2013 |
of this section. | 2014 |
(B)(1)(a) No individual who is seven years of age or older | 2015 |
shall make a contribution or contributions aggregating more than: | 2016 |
| 2017 |
committee of any one statewide candidate in a primary election | 2018 |
period or in a general election period; | 2019 |
| 2020 |
campaign committee of any one senate candidate in a primary | 2021 |
election period or in a general election period; | 2022 |
| 2023 |
campaign committee of any one house candidate in a primary | 2024 |
election period or in a general election period; | 2025 |
| 2026 |
political party of the county in which the individual's designated | 2027 |
Ohio residence is located
for the
| 2028 |
fund | 2029 |
(v) Fifteen thousand dollars to any one legislative campaign | 2030 |
fund in a calendar year; | 2031 |
| 2032 |
political party for the party's state candidate fund in a calendar | 2033 |
year; | 2034 |
| 2035 |
action
committee
in a calendar year | 2036 |
| 2037 |
2038 |
(b) No individual shall make a contribution or contributions | 2039 |
to the state candidate fund of a county political party of any | 2040 |
county other than the county in which the individual's designated | 2041 |
Ohio residence is located. | 2042 |
(c) No individual who is under seven years of age shall make | 2043 |
any contribution. | 2044 |
(2)(a) Subject to division (D)(1) of this section, no | 2045 |
political action committee shall make a contribution or | 2046 |
contributions aggregating more than: | 2047 |
| 2048 |
committee of any one statewide candidate in a primary election | 2049 |
period or in a general election period; | 2050 |
| 2051 |
campaign committee of any one senate candidate in a primary | 2052 |
election period or in a general election period; | 2053 |
| 2054 |
campaign committee of any one house candidate in a primary | 2055 |
election period or in a general election period; | 2056 |
| 2057 |
2058 | |
legislative campaign fund in a calendar year; | 2059 |
| 2060 |
political party for the party's state candidate fund in a calendar | 2061 |
year; | 2062 |
| 2063 |
political
action committee | 2064 |
in a calendar year. This division does not apply to a political | 2065 |
action committee that makes a contribution to a political action | 2066 |
committee | 2067 |
it. For purposes of this division, a political action committee is | 2068 |
affiliated with
another political action committee | 2069 |
2070 | |
financed, maintained, or controlled by, or if they are, the same | 2071 |
corporation, organization, labor organization, continuing | 2072 |
association, or other person, including any parent, subsidiary, | 2073 |
division, or department of that corporation, organization, labor | 2074 |
organization, continuing association, or other person. | 2075 |
(b) No political action committee shall make a contribution | 2076 |
or contributions to a county political party for the party's state | 2077 |
candidate fund. | 2078 |
(3) No campaign committee shall make a contribution or | 2079 |
contributions aggregating more than: | 2080 |
(a) | 2081 |
committee of any one statewide candidate in a primary election | 2082 |
period or in a general election period; | 2083 |
(b) | 2084 |
committee of any one senate candidate in a primary election period | 2085 |
or in a general election period; | 2086 |
(c) | 2087 |
committee of any one house candidate in a primary election period | 2088 |
or in a general election period; | 2089 |
(d) | 2090 |
political
action committee in a calendar year | 2091 |
| 2092 |
2093 |
(4)(a) Subject to division (D)(3) of this section, no | 2094 |
political party shall make a contribution or contributions | 2095 |
aggregating more
than | 2096 |
one political
action
committee | 2097 |
2098 |
(b) No county political party shall make a contribution or | 2099 |
contributions to another county political party. | 2100 |
(5) | 2101 |
campaign committee, other than a designated state campaign | 2102 |
committee, shall make a contribution or contributions aggregating | 2103 |
in a calendar year more than: | 2104 |
| 2105 |
political party for the party's state candidate fund; | 2106 |
| 2107 |
campaign fund; | 2108 |
| 2109 |
political party for the party's state candidate fund. | 2110 |
(b) No campaign committee shall make a contribution or | 2111 |
contributions to a county political party for the party's state | 2112 |
candidate fund unless one of the following applies: | 2113 |
(i) The campaign committee's candidate will appear on a | 2114 |
ballot in that county. | 2115 |
(ii) The campaign committee's candidate is the holder of an | 2116 |
elected public office that represents all or part of the | 2117 |
population of that county at the time the contribution is made. | 2118 |
(6)(a) No state candidate fund of a county political party | 2119 |
shall make a contribution or contributions, except a contribution | 2120 |
or contributions to a designated state campaign committee, in a | 2121 |
primary election period or a general election period, aggregating | 2122 |
more than: | 2123 |
(i) | 2124 |
committee of any one statewide candidate; | 2125 |
(ii) Ten thousand | 2126 |
committee of any one senate candidate; | 2127 |
| 2128 |
campaign committee of any one house candidate. | 2129 |
(b)(i) No state candidate fund of a state or county political | 2130 |
party shall make a transfer or a contribution or transfers or | 2131 |
contributions of cash or cash equivalents to a designated state | 2132 |
campaign committee in a primary election period or in a general | 2133 |
election period aggregating more than: | 2134 |
(I) Five hundred thousand dollars to the campaign committee | 2135 |
of any one statewide candidate; | 2136 |
(II) One hundred thousand dollars to the campaign committee | 2137 |
of any one senate candidate; | 2138 |
(III) Fifty thousand dollars to the campaign committee of any | 2139 |
one house candidate. | 2140 |
(ii) No legislative campaign fund shall make a transfer or a | 2141 |
contribution or transfers or contributions of cash or cash | 2142 |
equivalents to a designated state campaign committee aggregating | 2143 |
more than: | 2144 |
(I) Fifty thousand dollars in a primary election period or | 2145 |
one hundred thousand dollars in a general election period to the | 2146 |
campaign
committee | 2147 |
(II) Twenty-five thousand dollars in a primary election | 2148 |
period or fifty thousand dollars in a general election period to | 2149 |
the campaign committee of any one house candidate. | 2150 |
(iii) As used in divisions (B)(6)(b) and
(C)(6) | 2151 |
this section, "transfer or contribution of cash or cash | 2152 |
equivalents" does not include any in-kind contributions. | 2153 |
(c) A county political party that has no state candidate fund | 2154 |
and that is located in a county having a population of less than | 2155 |
one hundred fifty thousand may make one or more contributions from | 2156 |
other accounts to any one statewide candidate or to any one | 2157 |
designated state campaign committee that do not exceed, in the | 2158 |
aggregate, two thousand five hundred dollars in any primary | 2159 |
election period or general election period. As used in this | 2160 |
division,
"other accounts"
does not include | 2161 |
contains the public moneys received from the Ohio political party | 2162 |
fund under section 3517.17 of
the Revised Code | 2163 |
2164 |
(d) No legislative campaign fund shall make a contribution, | 2165 |
other than to a designated state campaign committee or to the | 2166 |
state candidate fund of a political party. | 2167 |
| 2168 |
2169 | |
2170 |
| 2171 |
2172 | |
2173 |
| 2174 |
2175 | |
2176 |
| 2177 |
2178 | |
2179 |
| 2180 |
2181 | |
2182 |
| 2183 |
2184 |
| 2185 |
2186 | |
2187 | |
2188 | |
2189 | |
2190 | |
2191 | |
2192 | |
2193 | |
2194 | |
2195 | |
2196 | |
2197 |
(C)(1)(a) Subject to division (D)(1) of this section, no | 2198 |
campaign committee of a
statewide candidate shall accept | 2199 |
the following: | 2200 |
(i) A contribution or contributions from any individual who | 2201 |
is under seven years of age; | 2202 |
(ii) A contribution or contributions aggregating more than | 2203 |
2204 | |
is seven years of age or older, from any one political action | 2205 |
committee, | 2206 |
any one other campaign committee in a primary election period or | 2207 |
in a general election period; | 2208 |
(iii) A contribution or contributions aggregating more than | 2209 |
two hundred fifty thousand dollars from any one or combination of | 2210 |
state candidate funds of county political parties in a primary | 2211 |
election period or in a general election period. | 2212 |
(b) No campaign committee of a statewide candidate shall | 2213 |
accept a contribution or contributions aggregating more than two | 2214 |
thousand five hundred dollars in a primary election period or in a | 2215 |
general election period from a county political party that has no | 2216 |
state candidate fund and that is located in a county having a | 2217 |
population of less than one hundred fifty thousand. | 2218 |
(2)(a) Subject to division (D)(1) of this section and except | 2219 |
for a designated state campaign committee, no campaign committee | 2220 |
of a senate
candidate shall accept | 2221 |
(i) A contribution or contributions from any individual who | 2222 |
is under seven years of age; | 2223 |
(ii) A contribution or contributions aggregating more than | 2224 |
2225 | |
is seven years of age or older, from any one political action | 2226 |
committee, | 2227 |
one state candidate fund of a county political party, or from any | 2228 |
one other campaign committee in a primary election period or in a | 2229 |
general election period. | 2230 |
(b) No campaign committee of a senate candidate shall accept | 2231 |
a contribution or contributions aggregating more than two thousand | 2232 |
five hundred dollars in a primary election period or in a general | 2233 |
election period from a county political party that has no state | 2234 |
candidate fund and that is located in a county having a population | 2235 |
of less than one hundred fifty thousand. | 2236 |
(3)(a) Subject to division (D)(1) of this section and except | 2237 |
for a designated state campaign committee, no campaign committee | 2238 |
of a house candidate shall
accept | 2239 |
(i) A contribution or contributions from any individual who | 2240 |
is under seven years of age; | 2241 |
(ii) A contribution or contributions aggregating more than | 2242 |
2243 | |
is seven years of age or older, from any one political action | 2244 |
committee, | 2245 |
one state candidate fund of a county political party, or from any | 2246 |
one other campaign committee in a primary election period or in a | 2247 |
general election period. | 2248 |
(b) No campaign committee of a house candidate shall accept a | 2249 |
contribution or contributions aggregating more than two thousand | 2250 |
five hundred dollars in a primary election period or in a general | 2251 |
election period from a county political party that has no state | 2252 |
candidate fund and that is located in a county having a population | 2253 |
of less than one hundred fifty thousand. | 2254 |
(4)(a)(i) Subject to division | 2255 |
section and except for a designated state campaign committee, no | 2256 |
county political party shall accept a contribution or | 2257 |
contributions from any individual who is under seven years of age, | 2258 |
or a contribution or contributions for the party's state candidate | 2259 |
fund aggregating
more than | 2260 |
individual | 2261 |
county and who is seven years of age or older or from any one | 2262 |
2263 | |
2264 | |
2265 |
(ii) Subject to division (D)(1) of this section, no county | 2266 |
political party shall accept a contribution or contributions for | 2267 |
the party's state candidate fund from any individual whose | 2268 |
designated Ohio residence is located outside of that county and | 2269 |
who is seven years of age or older, from any campaign committee | 2270 |
unless the campaign committee's candidate will appear on a ballot | 2271 |
in that county or unless the campaign committee's candidate is the | 2272 |
holder of an elected public office that represents all or part of | 2273 |
the population of that county at the time the contribution is | 2274 |
accepted, or from any political action committee. | 2275 |
(iii) No county political party shall accept a contribution | 2276 |
or contributions from any other county political party. | 2277 |
(b) Subject to division (D)(1) of this section, no state | 2278 |
political party
shall accept | 2279 |
(i) A contribution or contributions from any individual who | 2280 |
is under seven years of age; | 2281 |
(ii) A contribution or contributions for the party's state | 2282 |
candidate
fund aggregating more than | 2283 |
dollars from any one individual who is seven years of age or | 2284 |
older,
from any one political
action committee, | 2285 |
2286 | |
other than a designated state campaign committee, in a calendar | 2287 |
year. | 2288 |
(5) Subject to division (D)(1) of this section, no | 2289 |
legislative campaign fund shall accept | 2290 |
(a) A contribution or contributions from any individual who | 2291 |
is under seven years of age; | 2292 |
(b) A contribution or contributions aggregating more than | 2293 |
2294 | |
years of age or older, from any one political action committee, | 2295 |
2296 | |
campaign committee, other than a designated state campaign | 2297 |
committee, in a calendar year. | 2298 |
(6)(a) No designated state campaign committee shall accept a | 2299 |
transfer or contribution of cash or cash equivalents from a state | 2300 |
candidate fund of
a state | 2301 |
a primary election period or a general election period more than: | 2302 |
(i) Five hundred thousand dollars, in the case of a campaign | 2303 |
committee of a statewide candidate; | 2304 |
(ii) One hundred thousand dollars, in the case of a campaign | 2305 |
committee of a senate candidate; | 2306 |
(iii) Fifty thousand dollars, in the case of a campaign | 2307 |
committee of a house candidate. | 2308 |
(b) No designated state campaign committee shall accept a | 2309 |
transfer or contribution of cash or cash equivalents from a | 2310 |
legislative
| 2311 |
(i) Fifty thousand dollars in a primary election period or | 2312 |
one hundred thousand dollars in a general election period, in the | 2313 |
case of a campaign committee of a senate candidate; | 2314 |
(ii) Twenty-five thousand dollars in a primary election | 2315 |
period or fifty thousand dollars in a general election period, in | 2316 |
the case of a campaign committee of a house candidate. | 2317 |
(c) No campaign committee of a candidate for the office of | 2318 |
member of the general assembly, including a designated state | 2319 |
campaign committee, shall accept a transfer or contribution of | 2320 |
cash or cash equivalents from any one or combination of state | 2321 |
candidate funds of county political parties aggregating in a | 2322 |
primary election period or a general election period more than: | 2323 |
(i) One hundred thousand dollars, in the case of a campaign | 2324 |
committee of a senate candidate; | 2325 |
(ii) Fifty thousand dollars, in the case of a campaign | 2326 |
committee of a house candidate. | 2327 |
(7)(a) Subject to division (D)(3) of this section, no | 2328 |
political action committee | 2329 |
shall accept | 2330 |
(i) A contribution or contributions from any individual who | 2331 |
is under seven years of age; | 2332 |
(ii) A contribution or contributions aggregating more than | 2333 |
2334 | |
years of age or older, | 2335 |
2336 | |
party in a calendar year. | 2337 |
(b) Subject to division (D)(1) of this section, no political | 2338 |
action committee shall accept a contribution or contributions | 2339 |
aggregating more than | 2340 |
another political
action committee | 2341 |
2342 | |
2343 | |
2344 | |
2345 | |
2346 | |
division does not apply to a
political action
committee | 2347 |
2348 | |
political action committee | 2349 |
affiliated with it. For purposes of this division, a political | 2350 |
action committee is affiliated with another political action | 2351 |
committee | 2352 |
established, financed, maintained, or controlled by the same | 2353 |
corporation, organization, labor organization, continuing | 2354 |
association, or other person, including any parent, subsidiary, | 2355 |
division, or department of that corporation, organization, labor | 2356 |
organization, continuing association, or other person. | 2357 |
(D)(1) | 2358 |
division (B)(2) of this section and the limitations prescribed in | 2359 |
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, | 2360 |
whichever is applicable, all contributions made by and all | 2361 |
contributions accepted from political action committees that are | 2362 |
established, financed, maintained, or controlled by the same | 2363 |
corporation, organization, labor organization, continuing | 2364 |
association, or other person, including any parent, subsidiary, | 2365 |
division, or department of that corporation, organization, labor | 2366 |
organization, continuing association, or other person, are | 2367 |
considered to have been made by or accepted from a single | 2368 |
political action committee. | 2369 |
| 2370 |
2371 | |
2372 | |
2373 | |
2374 | |
2375 | |
2376 | |
2377 | |
2378 | |
2379 | |
2380 | |
2381 |
(2) As used in divisions (B)(1) | 2382 |
(B)(4), and (C)(7) of this section, "political action committee" | 2383 |
does not include a political action committee that is organized to | 2384 |
support or oppose a ballot issue or question and that makes no | 2385 |
contributions to or expenditures on behalf of a political party, | 2386 |
campaign committee, legislative campaign fund, or political action | 2387 |
committee | 2388 |
2389 | |
2390 | |
2391 | |
2392 | |
2393 | |
2394 | |
2395 |
(3) For purposes of the limitations prescribed in divisions | 2396 |
(B)(4) and (C)(7)(a) of this section, all contributions made by | 2397 |
and all contributions accepted from a national political party, a | 2398 |
state political party, and a county political party are considered | 2399 |
to have been made by or accepted from a single political party and | 2400 |
shall be combined with each other to determine whether the | 2401 |
limitations have been exceeded. | 2402 |
(E)(1) If a legislative campaign fund has kept a total amount | 2403 |
of contributions exceeding one hundred fifty thousand dollars at | 2404 |
the close of business on the seventh day before the postgeneral | 2405 |
election statement is required to be filed under section 3517.10 | 2406 |
of the Revised Code, the legislative campaign fund shall comply | 2407 |
with division (E)(2) of this section. | 2408 |
(2)(a) Any legislative campaign fund that has kept a total | 2409 |
amount of contributions in excess of the amount specified in | 2410 |
division (E)(1) of this section at the close of business on the | 2411 |
seventh day before the postgeneral election statement is required | 2412 |
to be filed under section 3517.10 of the Revised Code shall | 2413 |
dispose of the excess amount in the manner prescribed in division | 2414 |
(E)(2) | 2415 |
ninety days after the day the postgeneral election statement is | 2416 |
required to be filed under section 3517.10 of the Revised Code. | 2417 |
Any legislative campaign fund that is required to dispose of an | 2418 |
excess amount of contributions under this division shall file a | 2419 |
statement on the ninetieth day after the postgeneral election | 2420 |
statement is required to be filed under section 3517.10 of the | 2421 |
Revised Code indicating the total amount of contributions the fund | 2422 |
has at the close of business on the seventh day before the | 2423 |
postgeneral election statement is required to be filed under | 2424 |
section 3517.10 of the Revised Code and that the excess | 2425 |
contributions were disposed of pursuant to this division and | 2426 |
2427 | |
statement shall be on a form prescribed by the secretary of state | 2428 |
and shall contain any additional information the secretary of | 2429 |
state considers necessary. | 2430 |
(b) | 2431 |
2432 | |
2433 | |
2434 |
| 2435 |
of an excess amount of contributions under division (E)(2) of this | 2436 |
section shall dispose of that excess amount by doing any of the | 2437 |
following: | 2438 |
(i) Giving the amount to the treasurer of state for deposit | 2439 |
into the state treasury to the credit of the Ohio elections | 2440 |
commission fund created by division (I) of section 3517.152 of the | 2441 |
Revised Code; | 2442 |
(ii) Giving the amount to individuals who made contributions | 2443 |
to that legislative campaign fund as a refund of all or part of | 2444 |
their contributions; | 2445 |
(iii) Giving the amount to a corporation that is exempt from | 2446 |
federal income taxation under subsection 501(a) and described in | 2447 |
subsection 501(c) of the Internal Revenue Code. | 2448 |
(F)(1) No legislative campaign fund shall fail to file a | 2449 |
statement required by division (E) of this section. | 2450 |
(2) No legislative campaign fund shall fail to dispose of | 2451 |
excess contributions as required by division (E) of this section. | 2452 |
(G) Nothing in this section shall affect, be used in | 2453 |
determining, or supersede a limitation on campaign contributions | 2454 |
as provided for in the Federal Election Campaign Act. | 2455 |
Sec. 3517.103. (A)(1) For purposes of this section: | 2456 |
| 2457 |
the offices of governor and lieutenant governor or a candidate for | 2458 |
the office of secretary of state, auditor of state, treasurer of | 2459 |
state, attorney general, or member of the state board of | 2460 |
education. | 2461 |
| 2462 |
campaign committee of a candidate by the candidate or by the | 2463 |
candidate's spouse, parents, children, sons-in-law, | 2464 |
daughters-in-law, brothers, sisters, grandparents, mother-in-law, | 2465 |
father-in-law, brothers-in-law, sisters-in-law, or grandparents by | 2466 |
marriage. | 2467 |
| 2468 |
of a statewide candidate, senate candidate, or house candidate | 2469 |
shall be considered "personal funds" subject to the provisions of | 2470 |
this section and section 3517.1010 of the Revised Code to the | 2471 |
extent that the loan is obtained or guaranteed by the candidate or | 2472 |
is for the benefit of the candidate and is obtained or guaranteed | 2473 |
by the candidate's spouse, parents, children, sons-in-law, | 2474 |
daughters-in-law, brothers, sisters, grandparents, mother-in-law, | 2475 |
father-in-law, brothers-in-law, sisters-in-law, or grandparents by | 2476 |
marriage. A loan that is obtained or guaranteed and that is for | 2477 |
the benefit of a statewide candidate, senate candidate, or house | 2478 |
candidate shall not be considered "personal funds" for the | 2479 |
purposes of this section and section 3517.1010 of the Revised Code | 2480 |
but shall be considered to be a "contribution" for the purposes of | 2481 |
this chapter if the loan is obtained or guaranteed by anyone other | 2482 |
than the candidate or the candidate's spouse, parents, children, | 2483 |
sons-in-law, daughters-in-law, brothers, sisters, grandparents, | 2484 |
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or | 2485 |
grandparents by marriage. | 2486 |
(iii) When a debt or other obligation incurred by a committee | 2487 |
or by a candidate on behalf of the candidate's committee described | 2488 |
in division (C)(1) or (2) of this section is to be paid from | 2489 |
"personal funds," those funds are considered to be expended when | 2490 |
the debt or other obligation is incurred, regardless of when it is | 2491 |
paid. | 2492 |
| 2493 |
chapter, a candidate is an "opponent" when the candidate has | 2494 |
indicated on the candidate's most recently filed designation of | 2495 |
treasurer that the candidate seeks the same office at the same | 2496 |
primary or general election as another candidate whose campaign | 2497 |
committee has filed a personal funds notice required by division | 2498 |
(C)(1) or (2) of this section. | 2499 |
(B)(1) Except as otherwise provided in division (B)(2) of | 2500 |
this section, no statewide candidate or candidate for the office | 2501 |
of member of the general assembly shall make an expenditure of | 2502 |
personal funds to influence the results of an election for that | 2503 |
candidate's nomination or election to office unless the personal | 2504 |
funds are first deposited into the campaign fund of that | 2505 |
candidate's campaign committee. | 2506 |
(2) A statewide candidate or candidate for the office of | 2507 |
member of the general assembly may make an expenditure of personal | 2508 |
funds without first depositing those funds into the campaign | 2509 |
committee's funds as long as the aggregate total of those | 2510 |
expenditures does not exceed five hundred dollars at any time | 2511 |
during an election period. After the candidate's campaign | 2512 |
committee reimburses the candidate for any direct expenditure of | 2513 |
personal funds, the amount that was reimbursed is no longer | 2514 |
included in the aggregate total of expenditures of personal funds | 2515 |
subject to the five-hundred-dollar limit. | 2516 |
(C)(1) If the campaign committee of any statewide candidate | 2517 |
has received or expended or expects to expend more than one | 2518 |
hundred thousand dollars of personal funds during a primary | 2519 |
election period or one hundred fifty thousand dollars of personal | 2520 |
funds during a general election period, the campaign committee | 2521 |
shall file a personal funds notice in the manner provided in | 2522 |
division (C)(3) of this section indicating that the committee has | 2523 |
received or expended or expects to expend more than that amount. | 2524 |
For the purpose of this division, a joint team of candidates for | 2525 |
governor and lieutenant governor shall be considered a single | 2526 |
candidate and their personal funds shall be combined. | 2527 |
(2) If the campaign committee of any senate candidate or | 2528 |
house candidate has received or expended or expects to expend more | 2529 |
than twenty-five thousand dollars of personal funds during a | 2530 |
primary election period or twenty-five thousand dollars of | 2531 |
personal funds during a general election period, the campaign | 2532 |
committee shall file a personal funds notice in the manner | 2533 |
provided in division (C)(3) of this section indicating that the | 2534 |
committee has received or expended or expects to expend more than | 2535 |
that amount. | 2536 |
(3) The personal funds notice required in divisions (C)(1) | 2537 |
and (2) of this section and the declaration of no limits required | 2538 |
under division (D)(2) of this section shall be on a form | 2539 |
prescribed by the secretary of state. The personal funds notice | 2540 |
required in divisions (C)(1) and (2) of this section shall be | 2541 |
filed not later than the earlier of the following times: | 2542 |
(a) One hundred twenty days before a primary election, in the | 2543 |
case of personal funds received, expended, or expected to be | 2544 |
expended during a primary election period, or not later than one | 2545 |
hundred twenty days before a general election, in the case of | 2546 |
personal funds received, expended, or expected to be expended | 2547 |
during a general election period; | 2548 |
(b) Two business days after the candidate's campaign | 2549 |
committee receives or makes an expenditure of personal funds or | 2550 |
the candidate makes an expenditure of personal funds on behalf of | 2551 |
the candidate's campaign committee during that election period | 2552 |
that exceed, in the aggregate, the amount specified in division | 2553 |
(C)(1) or (2) of this section. | 2554 |
The personal funds notice required under divisions (C)(1) and | 2555 |
(2) of this section and the declaration of no limits required | 2556 |
under division (D)(2) of this section shall be filed wherever the | 2557 |
campaign committee files statements of contributions and | 2558 |
expenditures under section 3517.11 of the Revised Code. The board | 2559 |
of elections shall send to the secretary of state a copy of any | 2560 |
personal funds notice or declaration of no limits filed by the | 2561 |
campaign committee of a senate candidate or house candidate under | 2562 |
division (C)(3) or (D)(2) of this section. | 2563 |
(D)(1) Whenever a campaign committee files a notice under | 2564 |
division (C)(1) or (2) of this section, and the campaign committee | 2565 |
of an opponent files a declaration of no limits pursuant to | 2566 |
division (D)(2) of this section within thirty days of the filing | 2567 |
of the personal funds notice under division (C)(1) or (2) of this | 2568 |
section, the contribution limitations prescribed in section | 2569 |
3517.102 of the Revised Code no longer apply to the campaign | 2570 |
committee of the candidate's opponent. | 2571 |
(2) No campaign committee of a candidate described in | 2572 |
division (D)(1) of this section shall accept any contribution or | 2573 |
contributions from a contributor that exceed the limitations | 2574 |
prescribed in section 3517.102 of the Revised Code until the | 2575 |
committee files a declaration that the committee will accept | 2576 |
contributions that exceed those limitations. This declaration | 2577 |
shall be filed not later than thirty days after a candidate's | 2578 |
opponent has filed a personal funds notice pursuant to division | 2579 |
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be | 2580 |
referred to as the "declaration of no limits," and shall list all | 2581 |
of the following: | 2582 |
(a) The amount of cash on hand in the candidate's campaign | 2583 |
fund at the end of the day immediately preceding the day on which | 2584 |
the candidate's campaign committee files the declaration of no | 2585 |
limits; | 2586 |
(b) The value and description of all campaign assets worth | 2587 |
five hundred dollars or more available to the candidate at the end | 2588 |
of the day immediately preceding the day on which the candidate's | 2589 |
campaign committee files the declaration of no limits. | 2590 |
(3) A candidate who was not an opponent of a candidate who | 2591 |
filed the personal funds notice required under division (C)(3) of | 2592 |
this section on the date the personal funds notice was filed may | 2593 |
file the declaration of no limits pursuant to division (D)(2) of | 2594 |
this section within thirty days after becoming an opponent of the | 2595 |
candidate who filed the personal funds notice. | 2596 |
(4) If the candidate whose campaign committee filed a | 2597 |
personal funds notice under division (C)(1) or (2) of this section | 2598 |
fails to file a declaration of candidacy for the office listed on | 2599 |
the designation of treasurer filed under division (D) of section | 2600 |
3517.10 of the Revised Code or files a declaration of candidacy or | 2601 |
nominating petition for that office and dies or withdraws, both of | 2602 |
the following apply to the campaign committee of that candidate's | 2603 |
opponent if the opponent has filed a declaration of no limits | 2604 |
pursuant to division (D) of this section: | 2605 |
(a) No contribution from a contributor may thereafter be | 2606 |
accepted that, when added to the aggregate total of all | 2607 |
contributions received by that committee from that contributor | 2608 |
during the primary election period or general election period, | 2609 |
whichever is applicable, would cause that committee to exceed the | 2610 |
contribution limitations prescribed in section 3517.102 of the | 2611 |
Revised Code for the applicable election period. | 2612 |
(b) The statement of primary-day finances or the year-end | 2613 |
statement required to be filed under division (E) of section | 2614 |
3517.1010 of the Revised Code shall be filed not later than | 2615 |
fourteen days after the date the candidate's opponent fails to | 2616 |
file a declaration of candidacy or nominating petition by the | 2617 |
appropriate filing deadline, or dies or withdraws. For purposes of | 2618 |
calculating permitted funds under division
(A) | 2619 |
3517.1010 of the Revised Code, the primary or general election | 2620 |
period, whichever is applicable, shall be considered to have ended | 2621 |
on the filing deadline, in the case of an opponent who fails to | 2622 |
file a declaration of candidacy or nominating petition, or on the | 2623 |
date of the opponent's death or withdrawal. In such an event, the | 2624 |
filing of a statement of primary-day finances or year-end finances | 2625 |
and the disposing of any excess funds as required under division | 2626 |
(B) of section 3517.1010 of the Revised Code satisfies the | 2627 |
candidate's obligation to file such a statement for that election | 2628 |
period. | 2629 |
(E)(1) No campaign committee shall fail to file a personal | 2630 |
funds notice as required under division (C)(1) or (2) of this | 2631 |
section. | 2632 |
(2) No campaign committee shall accept any contribution in | 2633 |
excess of the contribution limitations prescribed in section | 2634 |
3517.102 of the Revised Code: | 2635 |
(a) Unless a declaration of no limits has been filed under | 2636 |
division (D)(2) of this section; | 2637 |
(b) In violation of division (D)(4) of this section once the | 2638 |
candidate who filed a personal funds notice under division (C)(3) | 2639 |
of this section fails to file a declaration of candidacy or | 2640 |
nominating petition or that candidate dies or withdraws. | 2641 |
(3) No campaign committee that violates division (E)(1) of | 2642 |
this section shall expend any personal funds in excess of the | 2643 |
amount specified in division (C)(1) or (2) of this section, | 2644 |
whichever is appropriate to the committee. | 2645 |
(4) The candidate of any campaign committee that violates | 2646 |
division (E) of this section shall forfeit the candidate's | 2647 |
nomination, if the candidate was nominated, or the office to which | 2648 |
the candidate was elected, if the candidate was elected to office. | 2649 |
(F)(1) Whenever a campaign committee files a notice under | 2650 |
division (C)(1) or (2) of this section or whenever the | 2651 |
contribution limitations prescribed in section 3517.102 of the | 2652 |
Revised Code do not apply to a campaign committee under division | 2653 |
(D)(1) of this section, that committee is not a designated state | 2654 |
campaign committee for the purpose of the limitations prescribed | 2655 |
in section 3517.102 of the Revised Code with regard to | 2656 |
contributions made by that campaign committee to a legislative | 2657 |
campaign fund or to a state candidate fund of a state or county | 2658 |
political party. | 2659 |
(2) Division (F)(1) of this section no longer applies to a | 2660 |
campaign committee after both of the following occur: | 2661 |
(a) The primary or general election period during which the | 2662 |
contribution limitations prescribed in section 3517.102 of the | 2663 |
Revised Code did not apply after being removed pursuant to | 2664 |
division (D) of this section has expired; | 2665 |
(b) When the campaign committee has disposed of all excess | 2666 |
funds and excess aggregate contributions as required under section | 2667 |
3517.1010 of the Revised Code. | 2668 |
Sec. 3517.104. (A) In January of each odd-numbered year, the | 2669 |
secretary of state, in accordance with this division and division | 2670 |
(B) of this section, shall adjust each amount specified in section | 2671 |
3517.102 and in division (B)(4)(e) of section 3517.10 of the | 2672 |
Revised Code. The adjustment shall be based on the yearly average | 2673 |
of the previous two years of the Consumer Price Index for All | 2674 |
Urban Consumers or its successive equivalent, as determined by the | 2675 |
United States department of labor, bureau of labor statistics, or | 2676 |
its successor in responsibility, for all items, Series A. Using | 2677 |
the 1996 yearly average as the base year, the secretary of state | 2678 |
shall compare the most current average consumer price index with | 2679 |
that determined in the preceding odd-numbered year, and shall | 2680 |
determine the percentage increase or decrease. The percentage | 2681 |
increase or decrease shall be multiplied by the actual dollar | 2682 |
figure for each office or entity specified in section 3517.102 of | 2683 |
the Revised Code and by each actual dollar figure specified in | 2684 |
division (B)(4)(e) of section 3517.10 of the Revised Code as | 2685 |
determined in the previous odd-numbered year, and the product | 2686 |
shall be added to or subtracted from its corresponding actual | 2687 |
dollar figure, as necessary, for that previous odd-numbered year. | 2688 |
2689 |
The resulting
amount shall be rounded | 2690 |
2691 | |
2692 | |
nearest twenty-five dollars if the calculations are made regarding | 2693 |
the amounts specified in division (B)(4)(e) of section 3517.10 of | 2694 |
the Revised Code. | 2695 |
If the calculations are made regarding the amounts specified | 2696 |
in section 3517.102 of the Revised Code, the resulting amount | 2697 |
shall not be rounded. If that resulting amount is less than one | 2698 |
hundred dollars, the secretary of state shall retain a record of | 2699 |
the resulting amount and the manner in which it was calculated, | 2700 |
but shall not make an adjustment unless the resulting amount, when | 2701 |
added to the resulting amount calculated in each prior | 2702 |
odd-numbered year since the last adjustment was made, equals or | 2703 |
exceeds one hundred dollars. | 2704 |
(B)(1) The secretary of state shall calculate the adjustment | 2705 |
under division (A) of this section and shall report the | 2706 |
calculations and necessary materials to the auditor of state, on | 2707 |
or before the thirty-first day of January of each odd-numbered | 2708 |
year. The secretary of state shall base the adjustment on the most | 2709 |
current consumer price index that is described in division (A) of | 2710 |
this section and that is in effect as of the first day of January | 2711 |
of each odd-numbered year. | 2712 |
(2) The calculations made by the secretary of state under | 2713 |
divisions (A) and (B)(1) of this section shall be certified by the | 2714 |
auditor of state on or before the fifteenth day of February of | 2715 |
each odd-numbered year. | 2716 |
(3) On or before the twenty-fifth day of February of each | 2717 |
odd-numbered year, the secretary of state shall prepare a report | 2718 |
setting forth the maximum contribution limitations under section | 2719 |
3517.102 of the Revised Code, the maximum amounts, if any, of | 2720 |
contributions permitted to be kept under that section, and the | 2721 |
amounts required under division (B)(4)(e) of section 3517.10 of | 2722 |
the Revised Code for reporting contributions and in-kind | 2723 |
contributions at social or fund-raising activities and | 2724 |
contributions from amounts deducted from an employee's wages and | 2725 |
salary, as calculated and certified pursuant to divisions (A) and | 2726 |
(B)(1) and (2) of this section. The report and all documents | 2727 |
relating to the calculations contained in the report are public | 2728 |
records. The report shall contain an indication of the period in | 2729 |
which the limitations, the maximum contribution amounts, and the | 2730 |
reporting amounts apply, a summary of how the limitations, the | 2731 |
maximum contribution amounts, and the reporting amounts were | 2732 |
calculated, and a statement that the report and all related | 2733 |
documents are available for inspection and copying at the office | 2734 |
of the secretary of state. | 2735 |
(4) On or before the twenty-fifth day of February of each | 2736 |
odd-numbered year, the secretary of state shall transmit the | 2737 |
report to the general assembly | 2738 |
to the board of elections of each county. | 2739 |
(5) The secretary of state shall send the report by mail to | 2740 |
each person who files a declaration of candidacy or nominating | 2741 |
petition with the secretary of state for the office of governor, | 2742 |
lieutenant governor, secretary of state, auditor of state, | 2743 |
treasurer of state, attorney general, member of the state board of | 2744 |
education, chief justice of the supreme court, or justice of the | 2745 |
supreme court. The report shall be mailed on or before the tenth | 2746 |
day after the filing. | 2747 |
(6) A board of elections shall send the report by mail to | 2748 |
each person who files a declaration of candidacy or nominating | 2749 |
petition with the board for the office of state representative or | 2750 |
state senator. The report shall be mailed on or before the tenth | 2751 |
day after the filing. | 2752 |
Sec. 3517.105. (A)(1) As used in this section, "public | 2753 |
political advertising" means advertising to the general public | 2754 |
through a broadcasting station, newspaper, magazine, poster, yard | 2755 |
sign, or outdoor advertising facility, by direct mail, or by any | 2756 |
other means of advertising to the general public. | 2757 |
(2) For purposes of this section and section 3517.20 of the | 2758 |
Revised Code, a person is a member of a political action committee | 2759 |
if the person makes one or more contributions to that political | 2760 |
action committee | 2761 |
2762 | |
2763 | |
2764 |
(B)(1) Whenever a candidate, a campaign committee, a | 2765 |
political action committee | 2766 |
ten or more members, or a legislative campaign fund makes an | 2767 |
independent expenditure, or whenever a political action committee | 2768 |
2769 | |
an independent expenditure in excess of one hundred dollars for a | 2770 |
local candidate, in excess of two hundred fifty dollars for a | 2771 |
candidate for the office of member of the general assembly, or in | 2772 |
excess of five hundred dollars for a statewide candidate, for the | 2773 |
purpose of financing communications advocating the election or | 2774 |
defeat of an identified candidate or solicits without the | 2775 |
candidate's express consent a contribution for or against an | 2776 |
identified candidate through public political advertising, a | 2777 |
statement shall appear or be presented in a clear and conspicuous | 2778 |
manner in the advertising that does both of the following: | 2779 |
(a) Clearly indicates that the communication or public | 2780 |
political advertising is not authorized by the candidate or the | 2781 |
candidate's campaign committee; | 2782 |
(b) Clearly identifies the candidate, campaign committee, | 2783 |
political action committee, | 2784 |
legislative campaign fund that has paid for the communication or | 2785 |
public political advertising in accordance with section 3517.20 of | 2786 |
the Revised Code. | 2787 |
(2)(a) Whenever any campaign committee, legislative campaign | 2788 |
fund, political action committee, | 2789 |
or political party makes an independent expenditure in support of | 2790 |
or
opposition to any candidate, the committee,
| 2791 |
party shall report the independent expenditure and identify the | 2792 |
candidate on a statement prescribed by the secretary of state and | 2793 |
filed by the
committee, | 2794 |
of its statement of contributions and expenditures pursuant to | 2795 |
division (A) of section 3517.10 and division (A) of section | 2796 |
3517.11 of the Revised Code. | 2797 |
(b) Whenever any individual, partnership, or other entity, | 2798 |
except a corporation, labor organization, campaign committee, | 2799 |
legislative campaign fund, political action committee,
| 2800 |
2801 | |
independent expenditures in support of or opposition to any | 2802 |
candidate, the individual, partnership, or other entity shall file | 2803 |
with the secretary of state in the case of a statewide candidate, | 2804 |
or with the board of elections in the county in which the | 2805 |
candidate files the candidate's petitions for nomination or | 2806 |
election for district or local office, not later than the dates | 2807 |
specified in divisions
(A)(1), (2), | 2808 |
3517.10 of the Revised Code, and, except as otherwise provided in | 2809 |
that section, a statement itemizing all independent expenditures | 2810 |
made during the period since the close of business on the last day | 2811 |
reflected in the last previously filed such statement, if any. The | 2812 |
statement shall be made on a form prescribed by the secretary of | 2813 |
state or shall be filed by electronic means of transmission | 2814 |
pursuant to division (G) of section 3517.106 of the Revised Code | 2815 |
as authorized or required by that division. The statement shall | 2816 |
indicate the date and the amount of each independent expenditure | 2817 |
and the candidate on whose behalf it was made and shall be made | 2818 |
under penalty of election falsification. | 2819 |
(C)(1) Whenever a corporation, labor organization, campaign | 2820 |
committee, political action committee with ten or more members, or | 2821 |
legislative campaign fund makes an independent expenditure, or | 2822 |
whenever a political action committee with fewer than ten members | 2823 |
makes an independent expenditure in excess of one hundred dollars | 2824 |
for a local ballot issue or question, or in excess of five hundred | 2825 |
dollars for a statewide ballot issue or question, for the purpose | 2826 |
of financing communications advocating support of or opposition to | 2827 |
an identified ballot issue or question or solicits without the | 2828 |
express consent of the ballot issue committee a contribution for | 2829 |
or against an identified ballot issue or question through public | 2830 |
political advertising, a statement shall appear or be presented in | 2831 |
a clear and conspicuous manner in the advertising that does both | 2832 |
of the following: | 2833 |
(a) Clearly indicates that the communication or public | 2834 |
political advertising is not authorized by the identified ballot | 2835 |
issue committee; | 2836 |
(b) Clearly identifies the corporation, labor organization, | 2837 |
campaign committee, legislative campaign fund, or political action | 2838 |
committee that has paid for the communication or public political | 2839 |
advertising in accordance with section 3517.20 of the Revised | 2840 |
Code. | 2841 |
(2)(a) Whenever any corporation, labor organization, campaign | 2842 |
committee, legislative campaign fund, political party, or | 2843 |
political action committee makes an independent expenditure in | 2844 |
support of or opposition to any ballot issue or question, the | 2845 |
corporation or labor organization shall report the independent | 2846 |
expenditure in accordance with division (C) of section 3599.03 of | 2847 |
the Revised Code, and the campaign committee, fund, party, or | 2848 |
political action committee shall report the independent | 2849 |
expenditure and identify the ballot issue or question on a | 2850 |
statement prescribed by the secretary of state and filed by the | 2851 |
campaign committee, fund, | 2852 |
committee as part of its statement of contributions and | 2853 |
expenditures pursuant to division (A) of section 3517.10 and | 2854 |
division (A) of section 3517.11 of the Revised Code. | 2855 |
(b) Whenever any individual, partnership, or other entity, | 2856 |
except a corporation, labor organization, campaign committee, | 2857 |
legislative campaign fund, political action committee, or | 2858 |
political party, makes one or more independent expenditures in | 2859 |
excess of one hundred dollars in support of or opposition to any | 2860 |
ballot issue or question, the individual, partnership, or other | 2861 |
entity shall file with the secretary of state in the case of a | 2862 |
statewide ballot issue or question, or with the board of elections | 2863 |
in the county that certifies the issue or question for placement | 2864 |
on the ballot in the case of a district or local issue or | 2865 |
question, not later than the dates specified in
| 2866 |
(A)(1), (2), | 2867 |
Code, and, except as otherwise provided in that section, a | 2868 |
statement itemizing all independent expenditures made during the | 2869 |
period since the close of business on the last day reflected in | 2870 |
the last previously filed such statement, if any. The statement | 2871 |
shall be made on a form prescribed by the secretary of state or | 2872 |
shall be filed by electronic means of transmission pursuant to | 2873 |
division (G) of section 3517.106 of the Revised Code as authorized | 2874 |
or required by that division. The statement shall indicate the | 2875 |
date and the amount of each independent expenditure and the ballot | 2876 |
issue or question in support of or opposition to which it was made | 2877 |
and shall be made under penalty of election falsification. | 2878 |
(3) No person, campaign committee, legislative campaign fund, | 2879 |
political action committee, corporation, labor organization, or | 2880 |
other organization or association shall use or cause to be used a | 2881 |
false or fictitious name in making an independent expenditure in | 2882 |
support of or opposition to any candidate or any ballot issue or | 2883 |
question. A name is false or fictitious if the person, campaign | 2884 |
committee, legislative campaign fund, political action committee, | 2885 |
corporation, labor organization, or other organization or | 2886 |
association does not actually exist or operate, if the | 2887 |
corporation, labor organization, or other organization or | 2888 |
association has failed to file a fictitious name or other | 2889 |
registration with the secretary of state, if it is required to do | 2890 |
so, or if the person, campaign committee, legislative campaign | 2891 |
fund, or political action committee has failed to file a | 2892 |
designation of the appointment of a treasurer, if it is required | 2893 |
to do so by division (D)(1) of section 3517.10 of the Revised | 2894 |
Code. | 2895 |
(D) Any expenditure by a political party for the purpose of | 2896 |
financing communications advocating the election or defeat of a | 2897 |
candidate for judicial office shall be deemed to be an independent | 2898 |
expenditure subject to the provisions of this section. | 2899 |
Sec. 3517.106. (A) As used in this section: | 2900 |
(1) "Statewide office" means any of the offices of governor, | 2901 |
lieutenant governor, secretary of state, auditor of state, | 2902 |
treasurer of state, attorney general, chief justice of the supreme | 2903 |
court, and justice of the supreme court. | 2904 |
(2) "Addendum to a statement" includes an amendment or other | 2905 |
correction to that statement. | 2906 |
(B)(1) The secretary of state shall store on computer the | 2907 |
information contained in statements of contributions and | 2908 |
expenditures and monthly statements required to be filed under | 2909 |
section 3517.10 of the Revised Code and in statements of | 2910 |
independent expenditures required to be filed under section | 2911 |
3517.105 of the Revised Code by any of the following: | 2912 |
| 2913 |
office; | 2914 |
| 2915 |
2916 | |
3517.11 of the Revised Code; | 2917 |
| 2918 |
| 2919 |
| 2920 |
organizations, or other entities that make independent | 2921 |
expenditures in support of or opposition to a statewide candidate | 2922 |
or a statewide ballot issue or question; | 2923 |
| 2924 |
of member of the general assembly; | 2925 |
(g) County political parties, with respect to their state | 2926 |
candidate funds. | 2927 |
(2) The secretary of state shall store on computer the | 2928 |
information contained in disclosure of electioneering | 2929 |
communications statements required to be filed under section | 2930 |
3517.1011 of the Revised Code. | 2931 |
(3) The secretary of state shall store on computer the | 2932 |
information contained in deposit and disbursement statements | 2933 |
required to be filed with the office of the secretary of state | 2934 |
under section 3517.1012 of the Revised Code. | 2935 |
(4) The secretary of state shall store on computer the gift | 2936 |
and disbursement information contained in statements required to | 2937 |
be filed with the office of the secretary of state under section | 2938 |
3517.1013 of the Revised Code. | 2939 |
(C)(1) The secretary of state shall make available to the | 2940 |
campaign committees, political action
committees, | 2941 |
2942 | |
parties, individuals, partnerships, corporations, labor | 2943 |
organizations, and other entities described in division (B) of | 2944 |
this section, and to members of the news media and other | 2945 |
interested persons, for a reasonable fee, computer programs that | 2946 |
are compatible with the secretary of state's method of storing the | 2947 |
information contained in the statements. | 2948 |
(2) The secretary of state shall make the information | 2949 |
required to be stored under division (B) of this section available | 2950 |
on computer at the secretary of state's office so that, to the | 2951 |
maximum extent feasible, individuals may obtain at the secretary | 2952 |
of state's office any part or all of that information for any | 2953 |
given year, subject to the limitation expressed in division (D) of | 2954 |
this section. | 2955 |
(D) The secretary of state shall keep the information stored | 2956 |
on computer under division (B) of this section for at least six | 2957 |
years. | 2958 |
(E)(1) Subject to division (L) of this section and subject to | 2959 |
the secretary of state having implemented, tested, and verified | 2960 |
the successful operation of any system the secretary of state | 2961 |
prescribes pursuant to division (H)(1) of this section and | 2962 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 2963 |
Code for the filing of campaign finance statements by electronic | 2964 |
means of transmission, the campaign committee of each candidate | 2965 |
for statewide office may file the statements prescribed by section | 2966 |
3517.10 of the Revised Code by electronic means of transmission | 2967 |
or, if the total amount of the contributions received or the total | 2968 |
amount of the expenditures made by the campaign committee for the | 2969 |
applicable reporting period as specified in division (A) of | 2970 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 2971 |
shall file those statements by electronic means of transmission. | 2972 |
Except as otherwise provided in this division, within five | 2973 |
business days after a statement filed by a campaign committee of a | 2974 |
candidate for statewide office is received by the secretary of | 2975 |
state by electronic or other means of transmission, the secretary | 2976 |
of state shall make available online to the public through the | 2977 |
internet, as provided in division (I) of this section, the | 2978 |
contribution and expenditure information in that statement. The | 2979 |
secretary of state shall not make available online to the public | 2980 |
through the internet any contribution or expenditure information | 2981 |
contained in a statement for any candidate until the secretary of | 2982 |
state is able to make available online to the public through the | 2983 |
internet the contribution and expenditure information for all | 2984 |
candidates for a particular office, or until the applicable filing | 2985 |
deadline for that statement has passed, whichever is sooner. As | 2986 |
soon as the secretary of
state has
available all of | 2987 |
contribution and expenditure information for all candidates for a | 2988 |
particular office, or as soon as the applicable filing deadline | 2989 |
for a statement has passed, whichever is sooner, the secretary of | 2990 |
state shall simultaneously make available online to the public | 2991 |
through the
internet the information for all candidates for | 2992 |
2993 |
If a statement filed by electronic means of transmission is | 2994 |
found to be incomplete or inaccurate after the examination of the | 2995 |
statement for completeness and accuracy pursuant to division | 2996 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 2997 |
committee shall file by electronic means of transmission any | 2998 |
addendum to the statement that provides the information necessary | 2999 |
to complete or correct the statement or, if required by the | 3000 |
secretary of state under that division, an amended statement. | 3001 |
Within five business days after the secretary of state | 3002 |
receives from a campaign committee of a candidate for statewide | 3003 |
office an addendum to the statement or an amended statement by | 3004 |
electronic or other means of transmission under this division or | 3005 |
division (B)(3)(a) of section 3517.11 of the Revised Code, the | 3006 |
secretary of state shall make the contribution and expenditure | 3007 |
information in the addendum or amended statement available online | 3008 |
to the public through the internet as provided in division (I) of | 3009 |
this section. | 3010 |
(2) Subject | 3011 |
the secretary of state having implemented, tested, and verified | 3012 |
the successful operation of any system the secretary of state | 3013 |
prescribes pursuant to division (H)(1) of this section and | 3014 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3015 |
Code for the filing of campaign finance statements by electronic | 3016 |
means of transmission,
a
political
action committee | 3017 |
3018 | |
of this section, a legislative campaign fund, and a state | 3019 |
political party may file the statements prescribed by section | 3020 |
3517.10 of the Revised Code by electronic means of transmission | 3021 |
or, if the total amount of the contributions received or the total | 3022 |
amount of the expenditures made by the political action committee, | 3023 |
legislative campaign fund, or state political party for the | 3024 |
applicable reporting period as specified in division (A) of | 3025 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 3026 |
shall file those statements by electronic means of transmission. | 3027 |
Within five business days after a statement filed by a | 3028 |
political action committee | 3029 |
described in division
(B) | 3030 |
campaign fund, or a state political party is received by the | 3031 |
secretary of state by electronic or other means of transmission, | 3032 |
the secretary of state shall make available online to the public | 3033 |
through the internet, as provided in division (I) of this section, | 3034 |
the contribution and expenditure information in that statement. | 3035 |
If a statement filed by electronic means of transmission is | 3036 |
found to be incomplete or inaccurate after the examination of the | 3037 |
statement for completeness and accuracy pursuant to division | 3038 |
(B)(3)(a) of section 3517.11 of the Revised Code, the political | 3039 |
action
committee, | 3040 |
campaign fund, or state political party shall file by electronic | 3041 |
means of transmission any addendum to the statement that provides | 3042 |
the information necessary to complete or correct the statement or, | 3043 |
if required by the secretary of state under that division, an | 3044 |
amended statement. | 3045 |
Within five business days after the secretary of state | 3046 |
receives from a
political action committee | 3047 |
3048 | |
section, a legislative campaign fund, or a state political party | 3049 |
an addendum to the statement or an amended statement by electronic | 3050 |
or other means of transmission under this division or division | 3051 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3052 |
state shall make the contribution and expenditure information in | 3053 |
the addendum or amended statement available online to the public | 3054 |
through the internet as provided in division (I) of this section. | 3055 |
(3) Subject to the secretary of state having implemented, | 3056 |
tested, and verified the successful operation of any system the | 3057 |
secretary of state prescribes pursuant to division (H)(1) of this | 3058 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 3059 |
the Revised Code for the filing of campaign finance statements by | 3060 |
electronic means of
transmission,
| 3061 |
3062 | |
3063 | |
political party shall file the statements prescribed by section | 3064 |
3517.10 of the Revised Code with respect to its state candidate | 3065 |
fund by
electronic means of
transmission | 3066 |
3067 | |
3068 | |
3069 | |
3070 | |
3071 | |
to the office of the secretary of state. | 3072 |
Within five business days after a statement filed by a | 3073 |
3074 | |
3075 | |
3076 | |
its state candidate fund is received by the secretary of state by | 3077 |
electronic | 3078 |
shall make available online to the public through the internet, as | 3079 |
provided in division (I) of this section, the contribution and | 3080 |
expenditure information in that statement. | 3081 |
If a statement | 3082 |
found to be incomplete or inaccurate after the examination of the | 3083 |
statement for completeness and accuracy pursuant to division | 3084 |
(B)(3)(a) of
section 3517.11 of the Revised
Code, | 3085 |
3086 | |
3087 | |
electronic means of transmission any addendum to the statement | 3088 |
that provides the information necessary to complete or correct the | 3089 |
statement or, if required by the secretary of state under that | 3090 |
division, an amended statement. | 3091 |
Within five business days after the secretary of state | 3092 |
receives from a
| 3093 |
3094 | |
3095 | |
addendum to the statement or an amended statement by electronic | 3096 |
3097 | |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3098 |
state shall make the contribution and expenditure information in | 3099 |
the addendum or amended statement available online to the public | 3100 |
through the internet as provided in division (I) of this section. | 3101 |
(F)(1) Subject to division | 3102 |
subject to the secretary of state having implemented, tested, and | 3103 |
verified the successful operation of any system the secretary of | 3104 |
state prescribes pursuant to division (H)(1) of this section and | 3105 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3106 |
Code for the filing of campaign finance statements by electronic | 3107 |
means of transmission | 3108 |
a candidate for the office of member of the general assembly or a | 3109 |
campaign committee of a candidate for the office of judge of a | 3110 |
court of appeals may file the statements prescribed by section | 3111 |
3517.10 of the Revised Code in accordance with division (A)(2) of | 3112 |
section 3517.11 of the Revised Code or by electronic means of | 3113 |
transmission to the office of the secretary of state or, | 3114 |
3115 | |
3116 | |
3117 | |
the campaign committee for the applicable reporting period as | 3118 |
specified in division (A) of section 3517.10 of the Revised Code | 3119 |
exceeds ten thousand dollars, shall file those statements by | 3120 |
electronic means of transmission to the office of the secretary of | 3121 |
state. | 3122 |
Except as otherwise provided in this division, within five | 3123 |
business days after a statement filed by a campaign committee of a | 3124 |
candidate for the office of member of the general assembly or a | 3125 |
campaign committee of a candidate for the office of judge of a | 3126 |
court of appeals is received by the secretary of state by | 3127 |
electronic or other means of transmission, the secretary of state | 3128 |
shall make available online to the public through the internet, as | 3129 |
provided in division (I) of this section, the contribution and | 3130 |
expenditure information in that statement. The secretary of state | 3131 |
shall not make available online to the public through the internet | 3132 |
any contribution or expenditure information contained in a | 3133 |
statement for any candidate until the secretary of state is able | 3134 |
to make available online to the public through the internet the | 3135 |
contribution and expenditure information for all candidates for a | 3136 |
particular office, or until the applicable filing deadline for | 3137 |
that statement has passed, whichever is sooner. As soon as the | 3138 |
secretary of state has
available all of | 3139 |
expenditure information for all candidates for a particular | 3140 |
office, or as soon as the applicable filing deadline for a | 3141 |
statement has passed, whichever is sooner, the secretary of state | 3142 |
shall simultaneously make available online to the public through | 3143 |
the
internet the information for all candidates
for | 3144 |
that office. | 3145 |
If a statement filed by electronic means of transmission | 3146 |
3147 | |
examination of the statement for completeness and accuracy | 3148 |
pursuant to division (B)(3)(a) of section 3517.11 of the Revised | 3149 |
Code, the campaign committee shall file by electronic means of | 3150 |
transmission to the office of the secretary
of state | 3151 |
3152 | |
3153 | |
any addendum to the statement that provides the information | 3154 |
necessary to complete or correct the statement or, if required by | 3155 |
the secretary of state under that division, an amended statement. | 3156 |
Within five business days after the secretary of state | 3157 |
receives from a campaign committee of a candidate for the office | 3158 |
of member of the general assembly or a campaign committee of a | 3159 |
candidate for the office of judge of a court of appeals an | 3160 |
addendum to the statement or an amended statement by electronic or | 3161 |
other means of transmission under this division or division | 3162 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3163 |
state shall make the contribution and expenditure information in | 3164 |
the addendum or amended statement available online to the public | 3165 |
through the internet as provided in division (I) of this section. | 3166 |
(2) | 3167 |
3168 | |
3169 | |
3170 | |
3171 | |
3172 | |
3173 | |
3174 | |
3175 | |
3176 | |
3177 | |
3178 |
If a statement, addendum, or amended statement is not filed | 3179 |
by electronic means of
transmission | 3180 |
office of the secretary of state but is filed by printed version | 3181 |
only under division (A)(2) of section 3517.11 of the Revised Code | 3182 |
with the appropriate board of elections, the campaign committee of | 3183 |
a candidate for the office of member of the general assembly or a | 3184 |
campaign committee of a candidate for the office of judge of a | 3185 |
court of appeals shall file two copies of the printed version of | 3186 |
the statement, addendum,
or amended statement with the
| 3187 |
board of elections. The board of elections shall send one of those | 3188 |
copies by overnight delivery service to the secretary of state | 3189 |
before the close of business on the day the board of elections | 3190 |
receives the statement, addendum, or amended statement. | 3191 |
| 3192 |
3193 | |
3194 | |
3195 | |
3196 | |
3197 | |
3198 | |
3199 | |
3200 | |
3201 | |
3202 | |
3203 | |
3204 | |
3205 | |
3206 | |
3207 |
| 3208 |
3209 |
| 3210 |
3211 | |
3212 |
| 3213 |
3214 | |
3215 |
| 3216 |
3217 |
| 3218 |
3219 | |
3220 | |
3221 | |
3222 | |
3223 |
| 3224 |
3225 | |
3226 | |
3227 | |
3228 | |
3229 | |
3230 | |
3231 |
| 3232 |
3233 | |
3234 | |
3235 | |
3236 | |
3237 | |
3238 | |
3239 | |
3240 | |
3241 | |
3242 | |
3243 | |
3244 |
| 3245 |
3246 | |
3247 | |
3248 | |
3249 | |
3250 | |
3251 | |
3252 | |
3253 | |
3254 | |
3255 | |
3256 | |
3257 | |
3258 | |
3259 | |
3260 | |
3261 |
| 3262 |
3263 | |
3264 | |
3265 | |
3266 | |
3267 | |
3268 | |
3269 | |
3270 |
| 3271 |
3272 | |
3273 | |
3274 | |
3275 | |
3276 | |
3277 | |
3278 | |
3279 |
(G) | 3280 |
to the secretary of state having implemented, tested, and verified | 3281 |
the successful operation of any system the secretary of state | 3282 |
prescribes pursuant to division (H)(1) of this section and | 3283 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3284 |
Code for the filing of campaign finance statements by electronic | 3285 |
means of transmission, any individual, partnership, or other | 3286 |
entity that makes independent expenditures in support of or | 3287 |
opposition to a statewide candidate or a statewide ballot issue or | 3288 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section | 3289 |
3517.105 of the Revised Code may file the statement specified in | 3290 |
that division by electronic means of transmission or, if the total | 3291 |
amount of independent expenditures made during the reporting | 3292 |
period under that division exceeds ten thousand dollars, shall | 3293 |
file the statement specified in that division by electronic means | 3294 |
of transmission. | 3295 |
Within five business days after a statement filed by an | 3296 |
individual, partnership, or other entity is received by the | 3297 |
secretary of state by electronic or other means of transmission, | 3298 |
the secretary of state shall make available online to the public | 3299 |
through the internet, as provided in division (I) of this section, | 3300 |
the expenditure information in that statement. | 3301 |
If a statement filed by electronic means of transmission is | 3302 |
found to be incomplete or inaccurate after the examination of the | 3303 |
statement for completeness and accuracy pursuant to division | 3304 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, | 3305 |
partnership, or other entity shall file by electronic means of | 3306 |
transmission any addendum to the statement that provides the | 3307 |
information necessary to complete or correct the statement or, if | 3308 |
required by the secretary of state under that division, an amended | 3309 |
statement. | 3310 |
Within five business days after the secretary of state | 3311 |
receives from an individual, partnership, or other entity | 3312 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 | 3313 |
of the Revised Code an addendum to the statement or an amended | 3314 |
statement by electronic or other means of transmission under this | 3315 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 3316 |
Code, the secretary of state shall make the expenditure | 3317 |
information in the addendum or amended statement available online | 3318 |
to the public through the internet as provided in division (I) of | 3319 |
this section. | 3320 |
| 3321 |
3322 | |
3323 | |
3324 | |
3325 | |
3326 | |
3327 | |
3328 | |
3329 | |
3330 | |
3331 | |
3332 | |
3333 |
| 3334 |
3335 | |
3336 | |
3337 | |
3338 | |
3339 |
| 3340 |
3341 | |
3342 | |
3343 | |
3344 | |
3345 | |
3346 | |
3347 | |
3348 |
| 3349 |
3350 | |
3351 | |
3352 | |
3353 | |
3354 | |
3355 | |
3356 | |
3357 | |
3358 |
(H)(1) The secretary of state, by rule adopted pursuant to | 3359 |
section 3517.23 of the Revised Code, shall prescribe one or more | 3360 |
techniques by which a person who executes and transmits by | 3361 |
electronic means a statement of contributions and expenditures, a | 3362 |
statement of independent expenditures, a disclosure of | 3363 |
electioneering communications statement, a deposit and | 3364 |
disbursement statement, or a gift and disbursement statement, an | 3365 |
addendum to | 3366 |
statement of contributions and
expenditures,
| 3367 |
statement of independent expenditures, an amended disclosure of | 3368 |
electioneering communications statement, an amended deposit and | 3369 |
disbursement statement, or an amended gift and disbursement | 3370 |
statement, under this
section or section
3517.10 | 3371 |
3517.1011, 3517.1012, or 3517.1013 of the Revised Code shall | 3372 |
electronically sign the statement, addendum, or amended statement. | 3373 |
Any technique prescribed by the secretary of state pursuant to | 3374 |
this division shall create an electronic signature that satisfies | 3375 |
all of the following: | 3376 |
(a) It is unique to the signer. | 3377 |
(b) It objectively identifies the signer. | 3378 |
(c) It involves the use of a signature device or other means | 3379 |
or method that is under the sole control of the signer and that | 3380 |
cannot be readily duplicated or compromised. | 3381 |
(d) It is created and linked to the electronic record to | 3382 |
which it relates in a manner that, if the record or signature is | 3383 |
intentionally or unintentionally changed after signing, the | 3384 |
electronic signature is invalidated. | 3385 |
(2) An electronic signature prescribed by the secretary of | 3386 |
state under division (H)(1) of this section shall be attached to | 3387 |
or associated with the statement of contributions and | 3388 |
expenditures, the statement of independent expenditures, the | 3389 |
disclosure of electioneering communications statement, the deposit | 3390 |
and disbursement statement, or the gift and disbursement | 3391 |
statement, the
addendum to | 3392 |
statements, the amended statement of contributions and | 3393 |
expenditures, | 3394 |
expenditures, the amended disclosure of electioneering | 3395 |
communications statement, the amended deposit and disbursement | 3396 |
statement, or the amended gift and disbursement statement that is | 3397 |
executed and transmitted by electronic means by the person to whom | 3398 |
the electronic signature is attributed. The electronic signature | 3399 |
that is attached to or associated with the statement, addendum, or | 3400 |
amended statement under this division shall be binding on all | 3401 |
persons and for all purposes under the campaign finance reporting | 3402 |
law as if the signature had been handwritten in ink on a printed | 3403 |
form | 3404 |
(I) The secretary of state shall make the contribution and | 3405 |
expenditure, the contribution and disbursement, the deposit and | 3406 |
disbursement, or the gift and disbursement information in all | 3407 |
statements, all addenda to the statements, and all amended | 3408 |
statements that are filed with the secretary of state by | 3409 |
electronic or other means of transmission under this section or | 3410 |
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or | 3411 |
3517.11 of the Revised Code available online to the public by any | 3412 |
means that are searchable, viewable, and accessible through the | 3413 |
internet. | 3414 |
(J)(1) As used in this division, "library" means a library | 3415 |
that is open to the public and that is one of the following: | 3416 |
(a) A library that is maintained and regulated under section | 3417 |
715.13 of the Revised Code; | 3418 |
(b) A library that is created, maintained, and regulated | 3419 |
under Chapter 3375. of the Revised Code. | 3420 |
(2) The secretary of state shall notify all libraries of the | 3421 |
location on the internet at which the contribution and | 3422 |
expenditure, contribution and disbursement, deposit and | 3423 |
disbursement, or gift and disbursement information in campaign | 3424 |
finance statements required to be made available online to the | 3425 |
public through the internet pursuant to division (I) of this | 3426 |
section may be accessed. | 3427 |
If that location is part of
| 3428 |
the world wide web and if the secretary of state has notified a | 3429 |
library of that world wide web location as required by this | 3430 |
division, the library shall include a link to that world wide web | 3431 |
location on each internet-connected computer it maintains that is | 3432 |
accessible to the public. | 3433 |
(3) If the system the secretary of state prescribes for the | 3434 |
filing of campaign finance statements by electronic means of | 3435 |
transmission pursuant to division (H)(1) of this section and | 3436 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3437 |
Code includes filing those statements
through the internet via | 3438 |
3439 | |
wide web, the secretary of state shall notify all libraries of the | 3440 |
world wide web location at which those statements may be filed. | 3441 |
If those statements may be
filed
through the internet via | 3442 |
3443 | |
wide web and if the secretary of state has notified a library of | 3444 |
that world wide web location as required by this division, the | 3445 |
library shall include a link to that world wide web location on | 3446 |
each internet-connected computer it maintains that is accessible | 3447 |
to the public. | 3448 |
(K) It is an affirmative defense to a complaint or charge | 3449 |
brought against any campaign committee, political action | 3450 |
committee, legislative campaign fund, or political party, | 3451 |
3452 | |
other entity, or any person making disbursements to pay the direct | 3453 |
costs of producing or airing electioneering communications, for | 3454 |
the failure to file by electronic means of transmission a campaign | 3455 |
finance statement as required by this section or section 3517.10 | 3456 |
3457 | |
Code that all of the following apply to the campaign committee, | 3458 |
political action committee, legislative campaign fund, or | 3459 |
political party, | 3460 |
partnership, or other entity, or the person making disbursements | 3461 |
to pay the direct costs of producing or airing electioneering | 3462 |
communications, that failed to so
file | 3463 |
(1) The campaign committee, political action committee, | 3464 |
legislative
campaign fund, or political party, | 3465 |
3466 | |
entity, or the person making disbursements to pay the direct costs | 3467 |
of producing or airing electioneering communications attempted to | 3468 |
file by electronic means of transmission the required statement | 3469 |
prior to the deadline set forth in the applicable section. | 3470 |
(2) The campaign committee, political action committee, | 3471 |
legislative
campaign fund, or political party, | 3472 |
3473 | |
entity, or the person making disbursements to pay the direct costs | 3474 |
of producing or airing electioneering communications was unable to | 3475 |
file by electronic means of transmission due to an expected or | 3476 |
unexpected shutdown of the whole or part of the electronic | 3477 |
campaign finance statement-filing system, such as for maintenance | 3478 |
or because of hardware, software, or network connection failure. | 3479 |
(3) The campaign committee, political action committee, | 3480 |
legislative
campaign fund, or political party, | 3481 |
3482 | |
entity, or the person making disbursements to pay the direct costs | 3483 |
of producing or airing electioneering communications filed by | 3484 |
electronic means of transmission the required statement within a | 3485 |
reasonable period of time after being unable to so file it under | 3486 |
the circumstance described in division (K)(2) of this section. | 3487 |
(L)(1) The secretary of state shall adopt rules pursuant to | 3488 |
Chapter 119. of the Revised Code to permit a campaign committee of | 3489 |
a candidate for statewide office that makes expenditures of less | 3490 |
than twenty-five thousand dollars during the filing period or a | 3491 |
campaign committee for the office of member of the general | 3492 |
assembly or the office of judge of a court of appeals that would | 3493 |
otherwise be required to file campaign finance statements by | 3494 |
electronic means of transmission under division (E) or (F) of this | 3495 |
section to file those statements by paper with the office of the | 3496 |
secretary of state. Those rules shall provide for all of the | 3497 |
following: | 3498 |
(a) An eligible campaign committee that wishes to file a | 3499 |
campaign finance statement by paper instead of by electronic means | 3500 |
of transmission shall file the statement on paper with the office | 3501 |
of the secretary of state not sooner than twenty-four hours after | 3502 |
the end of the filing period set forth in section 3517.10 of the | 3503 |
Revised Code that is covered by the applicable statement. | 3504 |
(b) The statement shall be accompanied by a fee, the amount | 3505 |
of which the secretary of state shall determine by rule. The | 3506 |
amount of the fee established under this division shall not exceed | 3507 |
the data entry and data verification costs the secretary of state | 3508 |
will incur to convert the information on the statement to an | 3509 |
electronic format as required under division (I) of this section. | 3510 |
(c) The secretary of state shall arrange for the information | 3511 |
in campaign finance statements filed pursuant to division (L) of | 3512 |
this section to be made available online to the public through the | 3513 |
internet in the same manner, and at the same times, as information | 3514 |
is made available under divisions (E), (F), and (I) of this | 3515 |
section for candidates whose campaign committees file those | 3516 |
statements by electronic means of transmission. | 3517 |
(d) The candidate of an eligible campaign committee that | 3518 |
intends to file a campaign finance statement pursuant to division | 3519 |
(L) of this section shall file an affidavit indicating that the | 3520 |
candidate's campaign committee intends to so file and stating that | 3521 |
filing the statement by electronic means of transmission would | 3522 |
constitute a hardship for the candidate or for the eligible | 3523 |
campaign committee. | 3524 |
(e) An eligible campaign committee that files a campaign | 3525 |
finance statement on paper pursuant to division (L) of this | 3526 |
section shall review the contribution and information made | 3527 |
available online by the secretary of state with respect to that | 3528 |
paper filing and shall notify the secretary of state of any errors | 3529 |
with respect to that filing that appear in the data made available | 3530 |
on that web site. | 3531 |
(f) If an eligible campaign committee whose candidate has | 3532 |
filed an affidavit in accordance with rules adopted under division | 3533 |
(L)(1)(d) of this section subsequently fails to file that | 3534 |
statement on paper by the applicable deadline established in rules | 3535 |
adopted under division (L)(1)(a) of this section, penalties for | 3536 |
the late filing of the campaign finance statement shall apply to | 3537 |
that campaign committee for each day after that paper filing | 3538 |
deadline, as if the campaign committee had filed the statement | 3539 |
after the applicable deadline set forth in division (A) of section | 3540 |
3517.10 of the Revised Code. | 3541 |
(2) The process for permitting campaign committees that would | 3542 |
otherwise be required to file campaign finance statements by | 3543 |
electronic means of transmission to file those statements on paper | 3544 |
with the office of the secretary of state that is required to be | 3545 |
developed under division (L)(1) of this section shall be in effect | 3546 |
and available for use by eligible campaign committees for all | 3547 |
campaign finance statements that are required to be filed on or | 3548 |
after June 30, 2005. Notwithstanding any provision of the Revised | 3549 |
Code to the contrary, if the process the secretary of state is | 3550 |
required to develop under division (L)(1) of this section is not | 3551 |
in effect and available for use on and after June 30, 2005, all | 3552 |
penalties for the failure of campaign committees to file campaign | 3553 |
finance statements by electronic means of transmission shall be | 3554 |
suspended until such time as that process is in effect and | 3555 |
available for use. | 3556 |
(3) Notwithstanding any provision of the Revised Code to the | 3557 |
contrary, any eligible campaign committee that files campaign | 3558 |
finance statements on paper with the office of the secretary of | 3559 |
state pursuant to division (L)(1) of this section shall be deemed | 3560 |
to have filed those campaign finance statements by electronic | 3561 |
means of transmission to the office of the secretary of state. | 3562 |
Sec. 3517.108. (A) As used in divisions (A) and (B) of this | 3563 |
section: | 3564 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 3565 |
the Revised Code but includes only candidates for the offices of | 3566 |
governor, lieutenant governor, secretary of state, auditor of | 3567 |
state, treasurer of state, attorney general, member of the state | 3568 |
board of education, member of the general assembly, chief justice | 3569 |
of the supreme court, and justice of the supreme court. | 3570 |
(2) A "general election period" begins on the day after the | 3571 |
primary election immediately preceding the general election at | 3572 |
which a candidate seeks an office specified in division (A)(1) of | 3573 |
this section and ends on the thirty-first day of December | 3574 |
following that general election. | 3575 |
(3) A "primary election period" begins on the first day of | 3576 |
January of the year following the year in which the general | 3577 |
election was held for the office that the candidate seeks, | 3578 |
including any mid-term election, and ends on the day of the | 3579 |
primary election. | 3580 |
(B) Whenever the campaign committee of a candidate has unpaid | 3581 |
debt at the end of a primary election period or at the end of a | 3582 |
general election period, the committee may accept additional | 3583 |
contributions during the immediately following election period up | 3584 |
to the applicable limitation prescribed under section 3517.102 of | 3585 |
the Revised Code from any individual, political action committee, | 3586 |
3587 | |
during the primary or general election period for which debt | 3588 |
remains unpaid, has contributed less than the contribution | 3589 |
limitations prescribed under section 3517.102 of the Revised Code | 3590 |
applicable to that individual, political action committee, | 3591 |
3592 | |
additional contribution that a campaign committee accepts under | 3593 |
this division shall count toward the applicable limitations | 3594 |
prescribed under section 3517.102 of the Revised Code for that | 3595 |
primary or general election period at the end of which the debt | 3596 |
remains unpaid, and shall not count toward the applicable | 3597 |
limitations for any other primary or general election period if | 3598 |
all of the following conditions apply: | 3599 |
(1) The campaign committee reports, on the statement required | 3600 |
to be filed under division (A)(2) of section 3517.10 of the | 3601 |
Revised Code, all debt remaining unpaid at the end of the election | 3602 |
period. The committee shall also file a separate statement, on a | 3603 |
form prescribed by the secretary of state, at the same time that | 3604 |
the committee is required to file a statement of contributions and | 3605 |
expenditures under section 3517.10 of the Revised Code. The | 3606 |
separate statement shall include the name and address of each | 3607 |
contributor who makes an additional contribution under division | 3608 |
(B) of this section, how the contribution was applied to pay the | 3609 |
unpaid debt as required by division (B)(3) of this section, and | 3610 |
the balance of the unpaid debt after each contribution was applied | 3611 |
to it. | 3612 |
(2) The additional contributions are accepted only during the | 3613 |
primary or general election period, whichever is applicable, | 3614 |
immediately following the election period covered in the statement | 3615 |
filed under division (B)(1) of this section. | 3616 |
(3) All additional contributions made under division (B) of | 3617 |
this section are used by the campaign committee that receives them | 3618 |
only to pay the debt of the committee reported under division | 3619 |
(B)(1) of this section. | 3620 |
(4) The campaign committee maintains a separate account for | 3621 |
all additional contributions made under division (B) of this | 3622 |
section | 3623 |
debt reported under division (B)(1) of this section and to | 3624 |
administer the account. | 3625 |
(5) The campaign committee stops accepting additional | 3626 |
contributions after funds sufficient to repay the unpaid debt | 3627 |
reported under division (B)(1) of this section have been raised | 3628 |
and promptly disposes of any contributions received that exceed | 3629 |
the amount of the unpaid debt by returning the excess | 3630 |
contributions to the contributors or by giving the excess | 3631 |
contributions to an organization that is exempt from federal | 3632 |
income taxation under subsection 501(a) and described in | 3633 |
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal | 3634 |
Revenue Code. | 3635 |
Sec. 3517.109. (A) As used in this section: | 3636 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 3637 |
the Revised Code but includes only candidates for the offices of | 3638 |
governor, lieutenant governor, secretary of state, auditor of | 3639 |
state, treasurer of state, attorney general, member of the state | 3640 |
board of education, and member of the general assembly. | 3641 |
(2) "Statewide candidate" means the joint candidates for the | 3642 |
offices of governor and lieutenant governor or a candidate for the | 3643 |
office of secretary of state, auditor of state, treasurer of | 3644 |
state, attorney general, and member of the state board of | 3645 |
education. | 3646 |
(3) "Senate candidate" means a candidate for the office of | 3647 |
state senator. | 3648 |
(4) "House candidate" means a candidate for the office of | 3649 |
state representative. | 3650 |
(5) "State office" means the offices of governor, lieutenant | 3651 |
governor, secretary of state, auditor of state, treasurer of | 3652 |
state, attorney general, member of the state board of education, | 3653 |
and member of the general assembly. | 3654 |
(6) "Aggregate contribution" means the total of all | 3655 |
contributions from a contributor during the pre-filing period. | 3656 |
(7) "Allowable aggregate contribution" means all of the | 3657 |
following: | 3658 |
(a) In the case of a contribution from a contributor whose | 3659 |
contributions are subject to the contribution limits described in | 3660 |
division (B)(1), (2), (3), or
(6)(a) | 3661 |
of the Revised Code, that portion of the amount of the | 3662 |
contributor's aggregate contribution that does not exceed the | 3663 |
preprimary contribution limit applicable to that contributor. | 3664 |
(b) In the case of a contribution or contributions from a | 3665 |
contributor whose contributions are not subject to the | 3666 |
contribution limits described in divisions (B)(1), (2), (3), or | 3667 |
(6)(a) | 3668 |
of the following: | 3669 |
(i) That portion of the aggregate contribution that was | 3670 |
received as in-kind services; | 3671 |
(ii) That portion of the aggregate contribution that was | 3672 |
received as cash and does not exceed the applicable preprimary | 3673 |
cash transfer or contribution limits described in division | 3674 |
(B)(6)(b) of section 3517.102 of the Revised Code. | 3675 |
(8) "Excess aggregate contribution" means, for each | 3676 |
contributor, the amount by which that contributor's aggregate | 3677 |
contribution exceeds that contributor's allowable aggregate | 3678 |
contribution. | 3679 |
(9) "Pre-filing period" means the period of time ending on | 3680 |
the day that the candidacy petitions are due for the state office | 3681 |
for which the candidate has filed and beginning on the latest date | 3682 |
of the following: | 3683 |
(a) The first day of January of the year following the | 3684 |
general election in which that state office was last on the | 3685 |
ballot; | 3686 |
(b) The first day of January of the year following the | 3687 |
general election in which the candidate was last a candidate for | 3688 |
any office; | 3689 |
(c) The first day of the month following the primary election | 3690 |
in which the candidate was last a candidate for any office. | 3691 |
(10) "Filing date" means the last date on which a candidacy | 3692 |
petition may be filed for an office. | 3693 |
(11) "Applicable carry-in limit" means thirty-five thousand | 3694 |
dollars if the candidate is a house candidate or a candidate for | 3695 |
the state board of education, one hundred thousand dollars if the | 3696 |
candidate is a senate candidate, and two hundred thousand dollars | 3697 |
if the candidate is a statewide candidate other than a candidate | 3698 |
for the state board of education. | 3699 |
(12) "Campaign asset" means prepaid, purchased, or donated | 3700 |
assets available to the candidate on the date of the filing | 3701 |
deadline for the office the candidate is seeking that will be | 3702 |
consumed or depleted in the course of the candidate's election | 3703 |
campaign, including, but not limited to, postage, prepaid rent for | 3704 |
campaign headquarters, prepaid radio, television, and newspaper | 3705 |
advertising, and other prepaid consulting and personal services. | 3706 |
(13) "Permitted funds" means the sum of the following: | 3707 |
(a) The total of the allowable aggregate contribution of each | 3708 |
contributor; | 3709 |
(b) The applicable carry-in limit. | 3710 |
(14) "Excess funds" means the amount by which the sum of the | 3711 |
total cash on hand and total reported campaign assets exceeds | 3712 |
permitted funds. | 3713 |
(15) "Covered candidate" means both of the following: | 3714 |
(a) A candidate who, during the pre-filing period, accepts or | 3715 |
has a campaign committee that accepts contributions on the | 3716 |
candidate's behalf for the purpose of nominating or electing the | 3717 |
candidate to any office not subject to the contribution limits | 3718 |
prescribed in section 3517.102 of the Revised Code; | 3719 |
(b) A person who, during the pre-filing period, accepts or | 3720 |
has a campaign committee that accepts contributions on the | 3721 |
person's behalf prior to the person deciding upon or announcing | 3722 |
the office for which the person will become a candidate for | 3723 |
nomination or election. | 3724 |
(B) Each candidate who files for state office, not later than | 3725 |
the filing date for that office, shall dispose of any excess | 3726 |
funds. Each covered candidate who files for state office, not | 3727 |
later than the filing date for that office, shall dispose of any | 3728 |
excess aggregate contributions. | 3729 |
(C) Any campaign committee that is required to dispose of | 3730 |
excess funds or excess aggregate contributions under division (B) | 3731 |
of this section shall dispose of that excess amount or amounts by | 3732 |
doing any of the following: | 3733 |
(1) Giving the amount to the treasurer of state for deposit | 3734 |
into the state treasury to the credit of the Ohio elections | 3735 |
commission fund created by division (I) of section 3517.152 of the | 3736 |
Revised Code; | 3737 |
(2) Giving the amount to individuals who made contributions | 3738 |
to that campaign committee as a refund of all or part of their | 3739 |
contributions; | 3740 |
(3) Giving the amount to a corporation that is exempt from | 3741 |
federal income taxation under subsection 501(a) and described in | 3742 |
subsection 501(c) of the Internal Revenue Code. | 3743 |
(D)(1) Subject to division (D)(2) of this section, no | 3744 |
candidate or covered candidate shall appear on the ballot, even if | 3745 |
certified to appear on the ballot, unless the candidate's or | 3746 |
covered candidate's campaign committee has disposed of excess | 3747 |
funds, excess aggregate contributions, or both as required by | 3748 |
divisions (B) and (C) of this section. | 3749 |
(2) If the excess aggregate contributions accepted by a | 3750 |
covered candidate or a covered candidate's campaign committee | 3751 |
aggregate a total of less than five thousand dollars from all | 3752 |
contributors, that candidate shall not be prohibited from | 3753 |
appearing on the ballot under division (D)(1) of this section. | 3754 |
(E)(1) The campaign committee of each candidate required to | 3755 |
dispose of excess funds under this section shall file a report, on | 3756 |
a form prescribed by the secretary of state, with the official or | 3757 |
board with which the candidate is required to file statements | 3758 |
under section 3517.11 of the Revised Code. The report shall be | 3759 |
filed by the seventh day following the filing deadline for the | 3760 |
office the candidate is seeking, shall indicate the amount of | 3761 |
excess funds disposed of, and shall describe the manner in which | 3762 |
the campaign committee disposed of the excess amount. | 3763 |
(2) In addition to the information required to be included in | 3764 |
a report filed under division (E)(1) of this section, the campaign | 3765 |
committee of each covered candidate required to dispose of excess | 3766 |
aggregate contributions under this section shall include in that | 3767 |
report the source and amount of each excess aggregate contribution | 3768 |
disposed of and shall describe the manner in which the campaign | 3769 |
committee disposed of the excess amount. | 3770 |
(F)(1) Each campaign committee of a candidate who has filed a | 3771 |
declaration of candidacy or a nominating petition for a state | 3772 |
office, not later than seven
days after the | 3773 |
3774 | |
a declaration of filing-day finances, on a form prescribed by the | 3775 |
secretary of state, with the official or board with which the | 3776 |
candidate is required to file statements under section 3517.11 of | 3777 |
the Revised Code. | 3778 |
(2) A declaration of filing-day finances shall list all of | 3779 |
the following: | 3780 |
(a) The amount of cash on hand in the candidate's campaign | 3781 |
fund on the | 3782 |
candidate is seeking. | 3783 |
(b) The value and description of all campaign assets worth | 3784 |
five hundred dollars or more available to the candidate on the | 3785 |
3786 | |
valued at actual cost, and in-kind contributions shall be valued | 3787 |
at market value. | 3788 |
(c) The total of all aggregate contributions; | 3789 |
(d) The total of all allowable aggregate contributions; | 3790 |
(e) The applicable carry-in limit, if any. | 3791 |
(3) In addition to the information required to be included in | 3792 |
a report of filing-day finances filed under division (F)(1) of | 3793 |
this section, the campaign committee of each covered candidate | 3794 |
shall include both of the following in that report: | 3795 |
(a) The total of all excess aggregate contributions; | 3796 |
(b) For each contributor, if any, for whom there is an excess | 3797 |
aggregate contribution, the name, address, aggregate contribution, | 3798 |
and excess aggregate contribution. | 3799 |
(G) A campaign committee of a candidate is not required to | 3800 |
file a declaration of filing-day finances under division (F) of | 3801 |
this section if all of the following apply: | 3802 |
(1) The campaign committee has not accepted, during the | 3803 |
pre-filing period, any aggregate contribution greater than the | 3804 |
applicable amount. | 3805 |
(2) The campaign committee had less than the carry-in amount | 3806 |
in cash on hand at the beginning of the pre-filing period. | 3807 |
(3) The candidate files a declaration, on a form prescribed | 3808 |
by the secretary of state, with the official or board with which | 3809 |
the candidate is required to file statements under section 3517.11 | 3810 |
of the Revised Code not
later than seven
days after the | 3811 |
3812 | |
stating that the candidate's campaign committee has not accepted | 3813 |
aggregate contributions as described in division (G)(1) of this | 3814 |
section and has less than the carry-in amount in cash on hand as | 3815 |
described in division (G)(2) of this section. | 3816 |
Sec. 3517.1011. (A) As used in this section: | 3817 |
(1) "Address" has the same meaning as in section 3517.10 of | 3818 |
the Revised Code. | 3819 |
(2) "Broadcast, cable, or satellite communication" means a | 3820 |
communication that is publicly distributed by a television | 3821 |
station, radio station, cable television system, or satellite | 3822 |
system. | 3823 |
(3) "Contribution" means any loan, gift, deposit, forgiveness | 3824 |
of indebtedness, donation, advance, payment, or transfer of funds | 3825 |
or of anything of value, including a transfer of funds from an | 3826 |
inter vivos or testamentary trust or decedent's estate, and the | 3827 |
payment by any person other than the person to whom the services | 3828 |
are rendered for the personal services of another person, that is | 3829 |
made, received, or used to pay the direct costs of producing or | 3830 |
airing electioneering communications. | 3831 |
(4)(a) "Coordinated electioneering communication" means any | 3832 |
electioneering communication that is made pursuant to any | 3833 |
arrangement, coordination, or direction by a candidate or a | 3834 |
candidate's campaign committee, by an officer, agent, employee, or | 3835 |
consultant of a candidate or a candidate's campaign committee, or | 3836 |
by a former officer, former agent, former employee, or former | 3837 |
consultant of a candidate or a candidate's campaign committee | 3838 |
prior to the airing, broadcasting, or cablecasting of the | 3839 |
communication. An electioneering communication is presumed to be a | 3840 |
"coordinated electioneering communication" when it is either of | 3841 |
the following: | 3842 |
(i) Based on information about a candidate's plans, projects, | 3843 |
or needs provided to the person making the disbursement by the | 3844 |
candidate or the candidate's campaign committee, by an officer, | 3845 |
agent, employee, or consultant of the candidate or the candidate's | 3846 |
campaign committee, or by a former officer, former agent, former | 3847 |
employee, or former consultant of the candidate or the candidate's | 3848 |
campaign committee, with a view toward having the communication | 3849 |
made; | 3850 |
(ii) Made by or through any person who is, or has been, | 3851 |
authorized to raise or expend funds on behalf of a candidate or | 3852 |
the candidate's campaign committee, who is, or has been, an | 3853 |
officer, agent, employee, or consultant of the candidate or of the | 3854 |
candidate's campaign committee, or who is, or has been, receiving | 3855 |
any form of compensation or reimbursement from the candidate or | 3856 |
the candidate's campaign committee or from an officer, agent, | 3857 |
employee, or consultant of the candidate or of the candidate's | 3858 |
campaign committee. | 3859 |
(b) An electioneering communication shall not be presumed to | 3860 |
be a "coordinated electioneering communication" under division | 3861 |
(A)(4)(a)(ii) of this section if the communication is made through | 3862 |
any person who provides a service that does not affect the content | 3863 |
of the communication, such as communications placed through the | 3864 |
efforts of a media buyer, unless that person also affects the | 3865 |
content of the communication. | 3866 |
(5) "Disclosure date" means both of the following: | 3867 |
(a) The first date during any calendar year by which a person | 3868 |
makes disbursements for the direct costs of producing or airing | 3869 |
electioneering communications aggregating in excess of ten | 3870 |
thousand dollars; | 3871 |
(b) The same day of the week of each remaining week in the | 3872 |
same calendar year as the day of the week of the initial | 3873 |
disclosure date established under division (A)(5)(a) of this | 3874 |
section, if, during that remaining week, the person makes | 3875 |
disbursements for the direct costs of producing or airing | 3876 |
electioneering communications aggregating in excess of one dollar. | 3877 |
(6)(a) "Electioneering communication" means any broadcast, | 3878 |
cable, or satellite communication that refers to a clearly | 3879 |
identified candidate and that is made during either of the | 3880 |
following periods of time: | 3881 |
(i) If the person becomes a candidate before the day of the | 3882 |
primary election at which candidates will be nominated for | 3883 |
election to that office, between the date that the person becomes | 3884 |
a candidate and the thirtieth day prior to that primary election, | 3885 |
and between the date of the primary election and the thirtieth day | 3886 |
prior to the general election at which a candidate will be elected | 3887 |
to that office; | 3888 |
(ii) If the person becomes a candidate after the day of the | 3889 |
primary election at which candidates were nominated for election | 3890 |
to that office, between the date of the primary election and the | 3891 |
thirtieth day prior to the general election at which a candidate | 3892 |
will be elected to that office. | 3893 |
(b) "Electioneering communication" does not include any of | 3894 |
the following: | 3895 |
(i) A communication that is publicly disseminated through a | 3896 |
means of communication other than a broadcast, cable, or satellite | 3897 |
television or radio station. For example, "electioneering | 3898 |
communication" does not include communications appearing in print | 3899 |
media, including a newspaper or magazine, handbill, brochure, | 3900 |
bumper sticker, yard sign, poster, billboard, and other written | 3901 |
materials, including mailings; communications over the internet, | 3902 |
including electronic mail; or telephone communications. | 3903 |
(ii) A communication that appears in a news story, | 3904 |
commentary, public service announcement, bona fide news | 3905 |
programming, or editorial distributed through the facilities of | 3906 |
any broadcast, cable, or satellite television or radio station, | 3907 |
unless those facilities are owned or controlled by any political | 3908 |
party, political committee, or candidate; | 3909 |
(iii) A communication that constitutes an expenditure or an | 3910 |
independent expenditure under section 3517.01 of the Revised Code; | 3911 |
(iv) A communication that constitutes a candidate debate or | 3912 |
forum or that solely promotes a candidate debate or forum and is | 3913 |
made by or on behalf of the person sponsoring the debate or forum. | 3914 |
(7) "Filing date" has the same meaning as in section 3517.109 | 3915 |
of the Revised Code. | 3916 |
(8) "Immigration and Nationality Act" means the Immigration | 3917 |
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., | 3918 |
as amended. | 3919 |
(9) "Person" has the same meaning as in section 1.59 of the | 3920 |
Revised Code and includes any political organization considered | 3921 |
exempt from income taxation under section 527 of the Internal | 3922 |
Revenue Code. | 3923 |
(10) "Political committee" means any of the following: | 3924 |
(a) Any committee, club, association, or other group of | 3925 |
persons that receives contributions aggregating in excess of one | 3926 |
thousand dollars during a calendar year or that makes expenditures | 3927 |
aggregating in excess of one thousand dollars during a calendar | 3928 |
year; | 3929 |
(b) Any separate segregated fund; | 3930 |
(c) Any state, county, or local committee of a political | 3931 |
party that does any of the following: | 3932 |
(i) Receives contributions aggregating in excess of five | 3933 |
thousand dollars during a calendar year; | 3934 |
(ii) Makes payments that do not constitute contributions or | 3935 |
expenditures aggregating in excess of five thousand dollars during | 3936 |
a calendar year; | 3937 |
(iii) Makes contributions or expenditures aggregating in | 3938 |
excess of one thousand dollars during a calendar year. | 3939 |
(11) "Publicly distributed" means aired, broadcast, | 3940 |
cablecast, or otherwise disseminated for a fee. | 3941 |
(12) "Refers to a clearly identified candidate" means that | 3942 |
the candidate's name, nickname, photograph, or drawing appears, or | 3943 |
the identity of the candidate is otherwise apparent through an | 3944 |
unambiguous reference to the person such as "the chief justice," | 3945 |
"the governor," "member of the Ohio senate," "member of the Ohio | 3946 |
house of representatives," "county auditor," "mayor," or "township | 3947 |
trustee" or through an unambiguous reference to the person's | 3948 |
status as a candidate. | 3949 |
(B) For the purposes of this section, a person shall be | 3950 |
considered to have made a disbursement if the person has entered | 3951 |
into a contract to make the disbursement. | 3952 |
(C) Any person intending to make a disbursement or | 3953 |
disbursements for the direct costs of producing or airing | 3954 |
electioneering communications, prior to making the first | 3955 |
disbursement for the direct costs of producing or airing an | 3956 |
electioneering communication, shall file a notice with the office | 3957 |
of the secretary of state that the person is intending to make | 3958 |
such disbursements. | 3959 |
(D)(1) Every person that makes a disbursement or | 3960 |
disbursements for the direct costs of producing and airing | 3961 |
electioneering communications aggregating in excess of ten | 3962 |
thousand dollars during any calendar year shall file, within | 3963 |
twenty-four hours of each disclosure date, a disclosure of | 3964 |
electioneering communications statement containing the following | 3965 |
information: | 3966 |
(a) The full name and address of the person making the | 3967 |
disbursement, of any person sharing or exercising direction or | 3968 |
control over the activities of the person making the disbursement, | 3969 |
and of the custodian of the books and accounts of the person | 3970 |
making the disbursement; | 3971 |
(b) The principal place of business of the person making the | 3972 |
disbursement, if not an individual; | 3973 |
(c) The amount of each disbursement of more than one dollar | 3974 |
during the period covered by the statement and the identity of the | 3975 |
person to whom the disbursement was made; | 3976 |
(d) The nominations or elections to which the electioneering | 3977 |
communications pertain and the names, if known, of the candidates | 3978 |
identified or to be identified; | 3979 |
(e) If the disbursements were paid out of a segregated bank | 3980 |
account that consists of funds contributed solely by individuals | 3981 |
who are United States citizens or nationals or lawfully admitted | 3982 |
for permanent residence as defined in section 101(a)(20) of the | 3983 |
Immigration and Nationality Act directly to the account for | 3984 |
electioneering communications, the information specified in | 3985 |
division (D)(2) of this section for all contributors who | 3986 |
contributed an aggregate amount of two hundred dollars or more to | 3987 |
the segregated bank account and whose contributions were used for | 3988 |
making the disbursement or disbursements required to be reported | 3989 |
under division (D) of this section during the period covered by | 3990 |
the statement. Nothing in this division prohibits or shall be | 3991 |
construed to prohibit the use of funds in such a segregated bank | 3992 |
account for a purpose other than electioneering communications. | 3993 |
(f) If the disbursements were paid out of funds not described | 3994 |
in division (D)(1)(e) of this section, the information specified | 3995 |
in division (D)(2) of this section for all contributors who | 3996 |
contributed an aggregate amount of two hundred dollars or more to | 3997 |
the person making the disbursement and whose contributions were | 3998 |
used for making the disbursement or disbursements required to be | 3999 |
reported under division (D) of this section during the period | 4000 |
covered by the statement. | 4001 |
(2) For each contributor for which information is required to | 4002 |
be reported under division (D)(1)(e) or (f) of this section, all | 4003 |
of the following shall be reported: | 4004 |
(a) The month, day, and year that the contributor made the | 4005 |
contribution or contributions aggregating two hundred dollars or | 4006 |
more; | 4007 |
(b)(i) The full name and address of the contributor, and, if | 4008 |
the contributor is a political action committee, the registration | 4009 |
number assigned to the political action committee under division | 4010 |
(D)(1) of section 3517.10 of the Revised Code; | 4011 |
(ii) If the contributor is an individual, the name of the | 4012 |
individual's current employer, if any, or, if the individual is | 4013 |
self-employed, the individual's occupation and the name of the | 4014 |
individual's business, if any; | 4015 |
(iii) If the contribution is transmitted pursuant to section | 4016 |
3599.031 of the Revised Code from amounts deducted from the wages | 4017 |
and salaries of two or more employees that exceed in the aggregate | 4018 |
one hundred dollars during the period specified in division | 4019 |
(D)(1)(e) or (f) of this section, as applicable, the full name of | 4020 |
the employees' employer and the full name of the labor | 4021 |
organization of which the employees are members, if any. | 4022 |
(c) A description of the contribution, if other than money; | 4023 |
(d) The value in dollars and cents of the contribution. | 4024 |
(3) Subject to the secretary of state having implemented, | 4025 |
tested, and verified the successful operation of any system the | 4026 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 4027 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 | 4028 |
of the Revised Code for the filing of campaign finance statements | 4029 |
by electronic means of transmission, a person shall file the | 4030 |
disclosure of electioneering communications statement prescribed | 4031 |
under divisions (D)(1) and (2) of this section by electronic means | 4032 |
of transmission to the office of the secretary of state. | 4033 |
Within five business days after the secretary of state | 4034 |
receives a disclosure of electioneering communications statement | 4035 |
under this division, the secretary of state shall make available | 4036 |
online to the public through the internet, as provided in division | 4037 |
(I) of section 3517.106 of the Revised Code, the contribution and | 4038 |
disbursement information in that statement. | 4039 |
If a filed disclosure of electioneering communications | 4040 |
statement is found to be incomplete or inaccurate after its | 4041 |
examination for completeness and accuracy pursuant to division | 4042 |
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall | 4043 |
file by electronic means of transmission to the office of the | 4044 |
secretary of state any addendum, amendment, or other correction to | 4045 |
the statement that provides the information necessary to complete | 4046 |
or correct the statement or, if required by the secretary of state | 4047 |
under that division, an amended statement. | 4048 |
Within five business days after the secretary of state | 4049 |
receives an addendum, amendment, or other correction to a | 4050 |
disclosure of electioneering communications statement or an | 4051 |
amended statement by electronic means of transmission under this | 4052 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 4053 |
Code, the secretary of state shall make the contribution and | 4054 |
disbursement information in the addendum, amendment, or other | 4055 |
correction to the statement or amended statement available online | 4056 |
to the public through the internet as provided in division (I) of | 4057 |
section 3517.106 of the Revised Code. | 4058 |
(E)(1) Any person who makes a contribution for the purpose of | 4059 |
funding the direct costs of producing or airing an electioneering | 4060 |
communication under this section shall provide the person's full | 4061 |
name and address to the recipient of the contribution at the time | 4062 |
the contribution is made. | 4063 |
(2) Any individual who makes a contribution or contributions | 4064 |
aggregating two hundred dollars or more for the purpose of funding | 4065 |
the direct costs of producing or airing an electioneering | 4066 |
communication under this section shall provide the name of the | 4067 |
individual's current employer, if any, or, if the individual is | 4068 |
self-employed, the individual's occupation and the name of the | 4069 |
individual's business, if any, to the recipient of the | 4070 |
contribution at the time the contribution is made. | 4071 |
(F) In each electioneering communication, a statement shall | 4072 |
appear or be presented in a clear and conspicuous manner that does | 4073 |
both of the following: | 4074 |
(1) Clearly indicates that the electioneering communication | 4075 |
is not authorized by the candidate or the candidate's campaign | 4076 |
committee; | 4077 |
(2) Clearly identifies the person making the disbursement for | 4078 |
the electioneering communication in accordance with section | 4079 |
3517.20 of the Revised Code. | 4080 |
(G) Any coordinated electioneering communication is an | 4081 |
in-kind contribution, subject to the applicable contribution | 4082 |
limits prescribed in section 3517.102 of the Revised Code, to the | 4083 |
candidate by the person making disbursements to pay the direct | 4084 |
costs of producing or airing the communication. | 4085 |
(H) No person shall make, during the thirty days preceding a | 4086 |
primary election or during the thirty days preceding a general | 4087 |
election, any broadcast, cable, or satellite communication that | 4088 |
refers to a clearly identified candidate using any contributions | 4089 |
received from a corporation or labor organization. | 4090 |
Sec. 3517.1012. (A)(1) Each state and county political party | 4091 |
shall establish a restricted fund that is separate from all other | 4092 |
accounts of the political party. | 4093 |
(2) A state or county political party shall deposit into its | 4094 |
restricted fund all public moneys received from the Ohio political | 4095 |
party fund under section 3517.17 of the Revised Code and all gifts | 4096 |
that are made to or accepted by the political party from a | 4097 |
corporation or labor organization subject to the applicable | 4098 |
limitations prescribed in division (X) of section 3517.13 of the | 4099 |
Revised Code. A state or county political party may deposit into | 4100 |
its restricted fund any gifts that are made to or accepted by the | 4101 |
political party from a source other than a corporation or labor | 4102 |
organization. | 4103 |
(3) Moneys in a state or county political party's restricted | 4104 |
fund may be disbursed to pay costs incurred for any of the | 4105 |
purposes specified in division (A) of section 3517.18 of the | 4106 |
Revised Code. | 4107 |
(B) Except as otherwise provided in this division, a state or | 4108 |
county political party shall file deposit and disbursement | 4109 |
statements, in the same manner as the party is required to file | 4110 |
statements of contributions and expenditures under section 3517.10 | 4111 |
of the Revised Code, regarding all deposits made into, and all | 4112 |
disbursements made from, the party's restricted fund. Deposit and | 4113 |
disbursement statements filed in accordance with this division by | 4114 |
a county political party shall be filed by electronic means of | 4115 |
transmission to the office of the secretary of state at the times | 4116 |
specified in division (A) of section 3517.10 of the Revised Code | 4117 |
for the filing of statements of contributions and expenditures if | 4118 |
the county political party accepts gifts from a corporation or | 4119 |
labor organization under division (A)(2) of this section. | 4120 |
Sec. 3517.1013. (A) As used in this section: | 4121 |
(1) "Gift" means a gift, subscription, loan, advance, or | 4122 |
deposit of money, or anything of value given to a state political | 4123 |
party that is specifically designated and used to defray any cost | 4124 |
incurred on or after the effective date of this section for voter | 4125 |
registration, voter identification, get-out-the-vote, or generic | 4126 |
campaign activities, and that is not used for the purpose of | 4127 |
directly influencing the election of any individual candidate in | 4128 |
any particular election for any office. | 4129 |
(2) "Address" has the same meaning as in section 3517.10 of | 4130 |
the Revised Code. | 4131 |
(3) "Political party" means a major political party as | 4132 |
defined in section 3501.01 of the Revised Code. | 4133 |
(B)(1) Notwithstanding section 3599.03 of the Revised Code, | 4134 |
any person, including a for-profit or nonprofit corporation, but | 4135 |
not including a public utility, may make a gift to a Levin account | 4136 |
as described in division (D) of this section, if the gift is | 4137 |
specifically designated and used to defray any cost incurred on or | 4138 |
after the effective date of this section for voter registration, | 4139 |
voter identification, get-out-the-vote, or generic campaign | 4140 |
activities that would not otherwise be considered a contribution | 4141 |
or expenditure. | 4142 |
(2)(a) All gifts made by a corporation, nonprofit | 4143 |
corporation, or labor organization under division (B)(1) of this | 4144 |
section shall be limited to an aggregate amount of ten thousand | 4145 |
dollars in a calendar year in which a candidate for federal office | 4146 |
will appear on a ballot at an election to be held in this state. | 4147 |
(b) No corporation, nonprofit corporation, or labor | 4148 |
organization shall make a gift under division (B)(1) of this | 4149 |
section in any year in which no candidate for federal office will | 4150 |
appear on the ballot at an election to be held in this state. | 4151 |
(3) The limitation described in division (B)(2)(a) of this | 4152 |
section is in addition to any limitation described in section | 4153 |
3517.1012 or any other section of the Revised Code. | 4154 |
(C)(1) Each state political party that receives a gift under | 4155 |
this section shall file, by electronic means of transmission to | 4156 |
the office of the secretary of state, a full, true, and itemized | 4157 |
statement describing the gift received and the manner in which | 4158 |
disbursements were made from the account. The statement shall be | 4159 |
filed at the same time as and in conjunction with each filing of a | 4160 |
deposit and disbursement statement by the state political party in | 4161 |
accordance with division (B) of section 3517.1012 of the Revised | 4162 |
Code. | 4163 |
(2) Each statement required under division (C)(1) of this | 4164 |
section shall contain all of the following information: | 4165 |
(a) The full name and address of the state political party | 4166 |
filing the statement and the full name and address of the party's | 4167 |
treasurer; | 4168 |
(b) A description of each gift received, which shall include | 4169 |
all of the following: | 4170 |
(i) The month, day, and year on which the gift was received; | 4171 |
(ii) The full name and address of each donor of the gift; | 4172 |
(iii) The nature of the gift, if other than money; | 4173 |
(iv) The value of the gift in dollars and cents. Each gift | 4174 |
received shall be itemized separately, regardless of its amount or | 4175 |
value. | 4176 |
(c) An itemization of the manner in which each disbursement | 4177 |
was made, which shall include all of the following: | 4178 |
(i) The name and address of the recipient of the | 4179 |
disbursement; | 4180 |
(ii) The date of the disbursement; | 4181 |
(iii) The amount of the disbursement; | 4182 |
(iv) The method by which the disbursement was made, such as | 4183 |
by cash or check. | 4184 |
(d) The total value of gifts received and gifts disbursed | 4185 |
during the reporting period. | 4186 |
(D) All monetary gifts given pursuant to this section shall | 4187 |
be deposited in an account separate from other funds and shall be | 4188 |
maintained in that separate account, which account shall be | 4189 |
designated a "Levin account." Moneys in a Levin account shall be | 4190 |
used only for voter registration, voter identification, | 4191 |
get-out-the-vote, or generic campaign activities that would not | 4192 |
otherwise be considered a contribution or expenditure. | 4193 |
(E)(1) No state political party shall fail to file a | 4194 |
statement required to be filed under this section. | 4195 |
(2) No state political party shall knowingly fail to report, | 4196 |
or shall knowingly misrepresent, a gift required to be reported on | 4197 |
a statement required to be filed under this section. | 4198 |
(F) No state political party shall expend or use a gift | 4199 |
received under this section for a purpose other than to defray a | 4200 |
cost incurred on or after the effective date of this section for | 4201 |
voter registration, voter identification, get-out-the-vote, or | 4202 |
generic campaign activities that would not otherwise be considered | 4203 |
a contribution or expenditure. | 4204 |
(G)(1) Before receiving a gift under this section, each state | 4205 |
political party shall appoint a treasurer and file, on a form | 4206 |
prescribed by the secretary of state, a designation of that | 4207 |
appointment. The designation shall include the full name and | 4208 |
address of the political party for which the person has been | 4209 |
appointed treasurer. The designation shall be filed with the | 4210 |
secretary of state. | 4211 |
(2) The treasurer shall keep a strict account of all gifts | 4212 |
required to be reported under this section. | 4213 |
(3) A state political party that has already filed the form | 4214 |
required under division (G)(1) of this section prior to receiving | 4215 |
a contribution or making an expenditure is considered to have met | 4216 |
the requirements of that division. | 4217 |
(H) Upon request, the secretary of state shall issue a | 4218 |
receipt for each statement filed under this section. The secretary | 4219 |
of state shall maintain a record of the filing for at least six | 4220 |
years. All statements filed under this section shall be open to | 4221 |
public inspection in the office in which they are filed. | 4222 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for | 4223 |
statewide | 4224 |
political
action committees | 4225 |
that make contributions to campaign committees of candidates that | 4226 |
are required to file the statements prescribed by section 3517.10 | 4227 |
of the Revised Code with the secretary of state, political action | 4228 |
committees | 4229 |
contributions to campaign committees of candidates for member of | 4230 |
the general assembly,
political action committees | 4231 |
4232 | |
national political parties and to legislative campaign funds, | 4233 |
political action committees | 4234 |
that receive contributions or make expenditures in connection with | 4235 |
a
statewide ballot issue, political action committees | 4236 |
4237 | |
action committees | 4238 |
parties, and campaign committees, except as set forth in division | 4239 |
(A)(3) of this section, legislative campaign funds, and state and | 4240 |
national political parties shall file the statements prescribed by | 4241 |
section 3517.10 of the Revised Code with the secretary of state. | 4242 |
(2)(a) Except as otherwise provided in division (F) of | 4243 |
section 3517.106 of the Revised Code, campaign committees of | 4244 |
candidates for all other offices shall file the statements | 4245 |
prescribed by section 3517.10 of the Revised Code with the board | 4246 |
of elections where their candidates are required to file their | 4247 |
petitions or other papers for nomination or election. | 4248 |
(b) A campaign committee of a candidate for office of member | 4249 |
of the general assembly or a campaign committee of a candidate for | 4250 |
the office of judge of a court of appeals shall file two copies of | 4251 |
the printed version of any statement, addendum, or amended | 4252 |
statement if the committee
does not file | 4253 |
4254 | |
(L) of section 3517.106 of the Revised Code but files by printed | 4255 |
version only with the appropriate board of elections. The board of | 4256 |
elections shall send one of those copies by overnight delivery | 4257 |
service to the secretary of state before the close of business on | 4258 |
the day the board of elections receives the statement, addendum, | 4259 |
or amended statement. | 4260 |
(3) Political action committees | 4261 |
4262 | |
contribute to campaign committees of candidates whose nomination | 4263 |
or election is to be submitted only to electors within a county, | 4264 |
subdivision, or district, excluding candidates for member of the | 4265 |
general assembly, and receive contributions or make expenditures | 4266 |
in connection with ballot questions or issues to be submitted only | 4267 |
to electors within a county, subdivision, or district shall file | 4268 |
the statements prescribed by section 3517.10 of the Revised Code | 4269 |
with the board of elections in that county or in the county | 4270 |
contained in whole or part within the subdivision or district | 4271 |
having a population greater than that of any other county | 4272 |
contained in whole or part within that subdivision or district, as | 4273 |
the case may be. | 4274 |
(4) | 4275 |
section 3517.106 of the Revised Code with respect to state | 4276 |
candidate funds, county political parties shall file the | 4277 |
statements prescribed by section 3517.10 of the Revised Code with | 4278 |
the board of elections of their respective counties. | 4279 |
(B)(1) The official with whom petitions and other papers for | 4280 |
nomination or election to public office are filed shall furnish | 4281 |
each candidate at the time of that filing a copy of sections | 4282 |
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and | 4283 |
3599.031 of the Revised Code and any other materials that the | 4284 |
secretary of state may require. Each candidate receiving the | 4285 |
materials shall acknowledge their receipt in writing. | 4286 |
(2) On or before the tenth day before the dates on which | 4287 |
statements are required to be filed by section 3517.10 of the | 4288 |
Revised Code, every candidate subject to the provisions of this | 4289 |
section and sections 3517.10 and 3517.106 of the Revised Code | 4290 |
shall be notified of the requirements and applicable penalties of | 4291 |
those sections. The secretary of state, by certified mail, return | 4292 |
receipt requested, shall notify all candidates required to file | 4293 |
those statements with the secretary of state's office. The board | 4294 |
of elections of every county shall notify by first class mail any | 4295 |
candidate who has personally appeared at the office of the board | 4296 |
on or before the tenth day before the statements are required to | 4297 |
be filed and signed a form, to be provided by the secretary of | 4298 |
state, attesting that the candidate has been notified of the | 4299 |
candidate's obligations under the campaign finance law. The board | 4300 |
shall forward the completed form to the secretary of state. The | 4301 |
board shall use certified mail, return receipt requested, to | 4302 |
notify all other candidates required to file those statements with | 4303 |
it. | 4304 |
(3)(a) Any statement required to be filed under sections | 4305 |
3517.081 to 3517.17 of the Revised Code that is found to be | 4306 |
incomplete or inaccurate by the officer to whom it is submitted | 4307 |
shall be accepted on a conditional basis, and the person who filed | 4308 |
it shall be notified by certified mail as to the incomplete or | 4309 |
inaccurate nature of the statement. The secretary of state may | 4310 |
examine statements filed for candidates for the office of member | 4311 |
of the general assembly and candidates for the office of judge of | 4312 |
a court of appeals for completeness and accuracy. The secretary of | 4313 |
state shall examine for completeness and accuracy statements that | 4314 |
campaign committees of candidates for the office of member of the | 4315 |
general assembly and campaign committees of candidates for the | 4316 |
office of judge of a court of appeals
file | 4317 |
4318 | |
of the Revised Code. If an officer at the board of elections where | 4319 |
a statement filed for a candidate for the office of member of the | 4320 |
general assembly or for a candidate for the office of judge of a | 4321 |
court of appeals was submitted finds the statement to be | 4322 |
incomplete or inaccurate, the officer shall immediately notify the | 4323 |
secretary of state of its incomplete or inaccurate nature. If | 4324 |
either an officer at the board of elections or the secretary of | 4325 |
state finds a statement filed for a candidate for the office of | 4326 |
member of the general assembly or for a candidate for the office | 4327 |
of judge of a court of appeals to be incomplete or inaccurate, | 4328 |
only the secretary of state shall send the notification as to the | 4329 |
incomplete or inaccurate nature of the statement. | 4330 |
Within twenty-one days after receipt of the notice, in the | 4331 |
case of a pre-election statement, a postelection statement, a | 4332 |
monthly statement, | 4333 |
statement prescribed by section 3517.10, an annual statement | 4334 |
prescribed by section 3517.101, or a statement prescribed by | 4335 |
division (B)(2)(b) or (C)(2)(b) of section 3517.105 or section | 4336 |
3517.107 of the Revised Code, the recipient shall file an | 4337 |
addendum, amendment, or other correction to the statement | 4338 |
providing the information necessary to complete or correct the | 4339 |
statement. The secretary of state may require that, in lieu of | 4340 |
filing an addendum, amendment, or other correction to a statement | 4341 |
that is filed by electronic means of transmission to the office of | 4342 |
the secretary of state | 4343 |
4344 | |
Code, the recipient of the notice described in this division file | 4345 |
by electronic means of
transmission | 4346 |
4347 | |
4348 | |
statement that incorporates the information necessary to complete | 4349 |
or correct the statement.
| 4350 |
The secretary of state shall determine by rule when an | 4351 |
addendum,
amendment, or other correction to | 4352 |
or when an amended statement of any of the following shall be | 4353 |
filed: | 4354 |
(i) A two-business-day statement prescribed by section | 4355 |
3517.10 of
the Revised Code | 4356 |
4357 |
(ii) A disclosure of electioneering communications statement | 4358 |
prescribed by division (D) of section 3517.1011 of the Revised | 4359 |
Code; | 4360 |
(iii) A deposit and disbursement statement prescribed under | 4361 |
division (B) of section 3517.1012 of the Revised Code; | 4362 |
(iv) A gift and disbursement statement prescribed under | 4363 |
section 3517.1013 of the Revised Code. | 4364 |
An addendum, amendment, or other correction to a statement | 4365 |
that is filed by
electronic means of transmission | 4366 |
4367 | |
filed in the same
manner as the
statement. | 4368 |
The provisions of sections 3517.10 | 4369 |
3517.1012, and 3517.1013 of the Revised Code pertaining to the | 4370 |
filing of
statements of contributions and expenditures | 4371 |
statements of independent expenditures, disclosure of | 4372 |
electioneering communications statements, deposit and disbursement | 4373 |
statements, and gift and disbursement statements by electronic | 4374 |
means of transmission | 4375 |
addenda, amendments, or other corrections to those statements by | 4376 |
electronic means of
transmission | 4377 |
4378 | |
means of
transmission | 4379 |
(b) Within five business days after the secretary of state | 4380 |
receives, by electronic or other means of transmission, an | 4381 |
addendum, amendment, or other correction to a statement or an | 4382 |
amended statement under division (B)(3)(a) of this section, the | 4383 |
secretary of state, pursuant to divisions (E), (F), (G), and (I) | 4384 |
of section 3517.106 or division (D) of section 3517.1011 of the | 4385 |
Revised Code, shall make the contribution and expenditure, | 4386 |
contribution and disbursement, deposit and disbursement, or gift | 4387 |
and disbursement information in that addendum, amendment, | 4388 |
correction, or amended statement available online to the public | 4389 |
through the internet. | 4390 |
(4)(a) The secretary of state or the board of elections shall | 4391 |
examine all statements for compliance with sections 3517.08 to | 4392 |
3517.17 of the Revised Code. | 4393 |
(b) The secretary of state may contract with an individual or | 4394 |
entity not associated with the secretary of state and experienced | 4395 |
in interpreting the campaign finance law of this state to conduct | 4396 |
examinations of statements filed by any statewide candidate, as | 4397 |
defined in section 3517.103 of the Revised Code. | 4398 |
(c) The examination shall be conducted by a person or entity | 4399 |
qualified to conduct it. The results of the examination shall be | 4400 |
available to the public, and, when the examination is conducted by | 4401 |
an individual or entity not associated with the secretary of | 4402 |
state, the results of the examination shall be reported to the | 4403 |
secretary of state. | 4404 |
(C)(1) In the event of a failure to file or a late filing of | 4405 |
a statement required to be filed under sections 3517.081 to | 4406 |
3517.17 of the Revised Code, or if a filed statement or any | 4407 |
addendum, amendment, or other correction to | 4408 |
amended statement, if an addendum, amendment, or other correction | 4409 |
or an amended statement is required to be filed, is incomplete or | 4410 |
inaccurate or appears to disclose a failure to comply with or a | 4411 |
violation of law, the official whose duty it is to examine the | 4412 |
statement shall promptly file a complaint with the Ohio elections | 4413 |
commission under section 3517.153 of the Revised Code if the law | 4414 |
is one over which the commission has jurisdiction to hear | 4415 |
complaints, or the official shall promptly report the failure or | 4416 |
violation to the board of elections and the board shall promptly | 4417 |
report it to the prosecuting attorney in accordance with division | 4418 |
(J) of section 3501.11 of the Revised Code. If the official files | 4419 |
a complaint with the commission, the commission shall proceed in | 4420 |
accordance with sections 3517.154 to 3517.157 of the Revised Code. | 4421 |
(2) For purposes of division (C)(1) of this section, a | 4422 |
statement or an addendum, amendment, or other correction to a | 4423 |
statement or an amended statement required to be filed under | 4424 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or | 4425 |
inaccurate under this section if the statement | 4426 |
amendment, other correction, or amended statement fails to | 4427 |
disclose substantially all contributions or gifts that are | 4428 |
received
| 4429 |
required to be reported under
sections
3517.10, 3517.107, | 4430 |
3517.108, 3517.1011, 3517.1012, and 3517.1013 of the Revised Code | 4431 |
or if the
statement | 4432 |
amended statement fails to disclose at least ninety per cent of | 4433 |
the total contributions or gifts received or deposits made or of | 4434 |
the total expenditures or disbursements made during the reporting | 4435 |
period. | 4436 |
(D) No certificate of nomination or election shall be issued | 4437 |
to a person, and no person elected to an office shall enter upon | 4438 |
the performance of the duties of that office, until that person or | 4439 |
that person's campaign committee, as appropriate, has fully | 4440 |
complied with this section and sections 3517.08, 3517.081, | 4441 |
3517.10, and 3517.13 of the Revised Code. | 4442 |
Sec. 3517.13. (A)(1) No campaign committee | 4443 |
statewide
candidate
| 4444 |
4445 | |
file a complete and accurate statement required under division | 4446 |
(A)(1) of section 3517.10 of the Revised Code. | 4447 |
(2) No campaign committee of a statewide candidate shall fail | 4448 |
to file a complete and accurate monthly statement, and no campaign | 4449 |
committee of a statewide candidate or a candidate for the office | 4450 |
of chief justice or justice of the supreme court shall fail to | 4451 |
file a complete and accurate two-business-day statement, as | 4452 |
required under section 3517.10 of the Revised Code. | 4453 |
As used in this division, "statewide candidate" has the same | 4454 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 4455 |
Code. | 4456 |
(B) No campaign committee | 4457 |
4458 | |
4459 | |
required under division (A)(1) of section 3517.10 of the Revised | 4460 |
Code. | 4461 |
(C) No campaign committee shall fail to file a complete and | 4462 |
accurate statement required under division (A)(2) of section | 4463 |
3517.10 of the Revised Code. | 4464 |
(D) No campaign committee shall fail to file a complete and | 4465 |
accurate statement required under division (A)(3) or (4) of | 4466 |
section 3517.10 of the Revised Code. | 4467 |
(E) No person other than a campaign committee shall knowingly | 4468 |
fail to file a statement required under section 3517.10 or | 4469 |
3517.107 of the Revised Code. | 4470 |
(F) No person shall make cash contributions to any person | 4471 |
totaling more than one hundred dollars in each primary, special, | 4472 |
or general election. | 4473 |
(G)(1) No person shall knowingly conceal or misrepresent | 4474 |
contributions given or received, expenditures made, or any other | 4475 |
information required to be reported by a provision in sections | 4476 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 4477 |
(2)(a) No person shall make a contribution to a campaign | 4478 |
committee, political action committee, legislative campaign fund, | 4479 |
political party, or | 4480 |
disbursements to pay the direct costs of producing or airing | 4481 |
electioneering communications in the name of another person. | 4482 |
(b) A person does not make a contribution in the name of | 4483 |
another when either of the following applies: | 4484 |
(i) An individual makes a contribution from a partnership or | 4485 |
other unincorporated business account, if the contribution is | 4486 |
reported by listing both the name of the partnership or other | 4487 |
unincorporated business and the name of the partner or owner | 4488 |
making the contribution as required under division (I) of section | 4489 |
3517.10 of the Revised Code. | 4490 |
(ii) A person makes a contribution in that person's spouse's | 4491 |
name or in both of their names. | 4492 |
(H) No person within this state, publishing a newspaper or | 4493 |
other periodical, shall charge a campaign committee for political | 4494 |
advertising a rate in excess of the rate such person would charge | 4495 |
if the campaign committee were a general rate advertiser whose | 4496 |
advertising was directed to promoting its business within the same | 4497 |
area as that encompassed by the particular office that the | 4498 |
candidate of the campaign committee is seeking. The rate shall | 4499 |
take into account the amount of space used, as well as the type of | 4500 |
advertising copy submitted by or on behalf of the campaign | 4501 |
committee. All discount privileges otherwise offered by a | 4502 |
newspaper or periodical to general rate advertisers shall be | 4503 |
available upon equal terms to all campaign committees. | 4504 |
No person within this state, operating a radio or television | 4505 |
station or network of stations in this state, shall charge a | 4506 |
campaign committee for political broadcasts a rate that exceeds: | 4507 |
(1) During the forty-five days preceding the date of a | 4508 |
primary election and during the sixty days preceding the date of a | 4509 |
general or special election in which the candidate of the campaign | 4510 |
committee is seeking office, the lowest unit charge of the station | 4511 |
for the same class and amount of time for the same period; | 4512 |
(2) At any other time, the charges made for comparable use of | 4513 |
4514 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 4515 |
section, no agency or department of this state or any political | 4516 |
subdivision shall award any contract, other than one let by | 4517 |
competitive bidding or a contract incidental to such contract or | 4518 |
which is by force account, for the purchase of goods costing more | 4519 |
than five hundred dollars or services costing more than five | 4520 |
hundred dollars to any individual, partnership, association, | 4521 |
including, without limitation, a professional association | 4522 |
organized under Chapter 1785. of the Revised Code, estate, or | 4523 |
trust if the individual has made or the individual's spouse has | 4524 |
made, or any partner, shareholder, administrator, executor, or | 4525 |
trustee | 4526 |
individual, within the two previous calendar years, one or more | 4527 |
contributions totaling in excess of one thousand dollars to the | 4528 |
holder of the public office having ultimate responsibility for the | 4529 |
award of the contract or to the public officer's campaign | 4530 |
committee. | 4531 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 4532 |
section, no agency or department of this state or any political | 4533 |
subdivision shall award any contract, other than one let by | 4534 |
competitive bidding or a contract incidental to such contract or | 4535 |
which is by force account, for the purchase of goods costing more | 4536 |
than five hundred dollars or services costing more than five | 4537 |
hundred dollars to a corporation or business trust, except a | 4538 |
professional association organized under Chapter 1785. of the | 4539 |
Revised Code, if an owner of more than twenty per cent of the | 4540 |
corporation or business trust or the spouse of | 4541 |
has made, as an individual, within the two previous calendar | 4542 |
years,
taking into consideration only owners for all of | 4543 |
period, one or more contributions totaling in excess of one | 4544 |
thousand dollars to the holder of a public office having ultimate | 4545 |
responsibility for the award of the contract or to the public | 4546 |
officer's campaign committee. | 4547 |
(K) For purposes of divisions (I) and (J) of this section, if | 4548 |
a public officer who is responsible for the award of a contract is | 4549 |
appointed by the governor, whether or not the appointment is | 4550 |
subject to the advice and consent of the senate, excluding members | 4551 |
of boards, commissions, committees, authorities, councils, boards | 4552 |
of trustees, task forces, and other such entities appointed by the | 4553 |
governor, the office of the governor is considered to have | 4554 |
ultimate responsibility for the award of the contract. | 4555 |
(L) 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 elected chief executive officer of a municipal | 4558 |
corporation, or appointed by the elected chief executive officer | 4559 |
of a county operating under an alternative form of county | 4560 |
government or county charter, excluding members of boards, | 4561 |
commissions, committees, authorities, councils, boards of | 4562 |
trustees, task forces, and other such entities appointed by the | 4563 |
chief executive officer, the office of the chief executive officer | 4564 |
is considered to have ultimate responsibility for the award of the | 4565 |
contract. | 4566 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 4567 |
contracts awarded by the board of commissioners of the sinking | 4568 |
fund, municipal legislative authorities, boards of education, | 4569 |
boards of county commissioners, boards of township trustees, or | 4570 |
other boards, commissions, committees, authorities, councils, | 4571 |
boards of trustees, task forces, and other such entities created | 4572 |
by law, by the supreme court or courts of appeals, by county | 4573 |
courts consisting of more than one judge, courts of common pleas | 4574 |
consisting of more than one judge, or municipal courts consisting | 4575 |
of more than one judge, or by a division of any court if the | 4576 |
division consists of more than one judge. | 4577 |
4578 | |
the members of the entity act collectively in the award of a | 4579 |
contract for goods or services. | 4580 |
(2) Divisions (I) and (J) of this section do not apply to | 4581 |
actions of the controlling board. | 4582 |
(N)(1) Divisions (I) and (J) of this section apply to | 4583 |
contributions made to the holder of a public office having | 4584 |
ultimate responsibility for the award of a contract, or to the | 4585 |
public officer's campaign committee, during the time the person | 4586 |
holds the office and during any time such person was a candidate | 4587 |
for the office.
| 4588 |
contributions made to, or to the campaign committee of, a | 4589 |
candidate for or holder of the office other than the holder of the | 4590 |
office at the time of the award of the contract. | 4591 |
(2) Divisions (I) and (J) of this section do not apply to | 4592 |
contributions of a partner, shareholder, administrator, executor, | 4593 |
trustee, or owner of more than twenty per cent of a corporation or | 4594 |
business trust made before the person held any of those positions | 4595 |
or after the person ceased to hold any of those positions in the | 4596 |
partnership, association, estate, trust, corporation, or business | 4597 |
trust whose eligibility to be awarded a contract is being | 4598 |
determined, nor to contributions of the person's spouse made | 4599 |
before the person held any of those positions, after the person | 4600 |
ceased to hold any of those positions, before the two were | 4601 |
married, | 4602 |
of marriage, or | 4603 |
order in an action
brought solely for legal
separation. | 4604 |
Those divisions do not apply to contributions of the spouse of an | 4605 |
individual whose eligibility to be awarded a contract is being | 4606 |
determined made before the two
were married, | 4607 |
of a decree of divorce,
dissolution of
marriage, or | 4608 |
annulment, or after the granting of an order in an action brought | 4609 |
solely for legal separation. | 4610 |
(O) No beneficiary of a campaign fund or other person shall | 4611 |
convert for personal use, and no person shall knowingly give to a | 4612 |
beneficiary of a campaign fund or any other person, for the | 4613 |
beneficiary's or any other person's personal use, anything of | 4614 |
value from the beneficiary's campaign fund, including, without | 4615 |
limitation, payments to a beneficiary for services the beneficiary | 4616 |
personally performs, except as reimbursement for any of the | 4617 |
following: | 4618 |
(1) Legitimate and verifiable prior campaign expenses | 4619 |
incurred by the beneficiary; | 4620 |
(2) Legitimate and verifiable | 4621 |
expenses incurred by the beneficiary in connection with duties as | 4622 |
the holder of a public office, including, without limitation, | 4623 |
expenses incurred through participation in nonpartisan or | 4624 |
bipartisan events if the participation of the holder of a public | 4625 |
office would normally be expected; | 4626 |
(3) Legitimate and verifiable ordinary and necessary prior | 4627 |
expenses incurred by the beneficiary while doing any of the | 4628 |
following: | 4629 |
(a) | 4630 |
opposition to a candidate other than the beneficiary, political | 4631 |
party, or ballot issue; | 4632 |
(b) Raising funds for a political party, political action | 4633 |
committee, | 4634 |
fund, campaign committee, or other candidate; | 4635 |
(c) Participating in the activities of a political party, | 4636 |
political action committee, | 4637 |
legislative campaign fund, or
campaign committee; | 4638 |
(d) Attending a political party convention or other political | 4639 |
meeting. | 4640 |
For purposes of this division, an expense is incurred | 4641 |
whenever a beneficiary has either made payment or is obligated to | 4642 |
make payment, as by the use of a credit card or other credit | 4643 |
procedure or by the use of goods or services received on account. | 4644 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 4645 |
and no person shall knowingly give to the beneficiary of a | 4646 |
campaign fund, reimbursement for an expense under division (O) of | 4647 |
this section to the extent that the expense previously was | 4648 |
reimbursed or paid from another source of funds. If an expense is | 4649 |
reimbursed under division (O) of this section and is later paid or | 4650 |
reimbursed, wholly or in part, from another source of funds, the | 4651 |
beneficiary shall repay the reimbursement received under division | 4652 |
(O) of this section to the extent of the payment made or | 4653 |
reimbursement received from the other source. | 4654 |
(Q) No candidate or public official or employee shall accept | 4655 |
for personal or business use anything of value from a political | 4656 |
party, political action committee,
| 4657 |
legislative campaign fund, or campaign committee other than the | 4658 |
candidate's or public official's or employee's own campaign | 4659 |
committee, and no person shall knowingly give to a candidate or | 4660 |
public official or employee anything of value from a political | 4661 |
party, political action committee,
| 4662 |
legislative campaign fund, or such a campaign committee, except | 4663 |
for the following: | 4664 |
(1) Reimbursement for legitimate and verifiable | 4665 |
and necessary prior expenses not otherwise prohibited by law | 4666 |
incurred by the candidate or public official or employee while | 4667 |
engaged in any legitimate activity of the political party, | 4668 |
political action committee, | 4669 |
legislative campaign fund, or such campaign committee. Without | 4670 |
limitation, reimbursable expenses under this division include | 4671 |
those incurred while doing any of the following: | 4672 |
(a) | 4673 |
opposition to another candidate, political party, or ballot issue; | 4674 |
(b) Raising funds for a political party, legislative campaign | 4675 |
fund, campaign
committee, or another candidate; | 4676 |
(c) Attending a political party convention or other political | 4677 |
meeting. | 4678 |
(2) Compensation not otherwise prohibited by law for actual | 4679 |
and valuable personal services rendered under a written contract | 4680 |
to the political party, political action committee,
| 4681 |
4682 | |
committee for any legitimate activity of the political party, | 4683 |
political action committee, | 4684 |
legislative campaign fund, or such campaign committee. | 4685 |
Reimbursable expenses under this division do not include, and | 4686 |
it is a violation of this division for a candidate or public | 4687 |
official or employee to accept, or for any person to knowingly | 4688 |
give to a candidate or public official or employee from a | 4689 |
political party, political action committee,
| 4690 |
4691 | |
committee other than the candidate's or public official's or | 4692 |
employee's own campaign committee, anything of value for | 4693 |
activities primarily related to the candidate's or public | 4694 |
official's or employee's own campaign for election, except for | 4695 |
contributions to the candidate's or public official's or | 4696 |
employee's campaign committee. | 4697 |
For purposes of this division, an expense is incurred | 4698 |
whenever a candidate or public official or employee has either | 4699 |
made payment or is obligated to make payment, as by the use of a | 4700 |
credit card or other credit procedure, or by the use of goods or | 4701 |
services on account. | 4702 |
(R)(1) Division (O) or (P) of this section does not prohibit | 4703 |
a campaign committee from making direct advance or post payment | 4704 |
from contributions to vendors for goods and services for which | 4705 |
reimbursement is permitted under division (O) of this section, | 4706 |
except that no campaign committee shall pay its candidate or other | 4707 |
beneficiary for services personally performed by the candidate or | 4708 |
other beneficiary. | 4709 |
(2) If any expense that may be reimbursed under division (O), | 4710 |
(P), or (Q) of this section is part of other expenses that may not | 4711 |
be paid or reimbursed, the separation of the two types of expenses | 4712 |
for the purpose of allocating for payment or reimbursement those | 4713 |
expenses that may be paid or reimbursed may be by any reasonable | 4714 |
accounting method, considering all of the surrounding | 4715 |
circumstances. | 4716 |
(3) For purposes of divisions (O), (P), and (Q) of this | 4717 |
section, mileage allowance at a rate not greater than that allowed | 4718 |
by the internal revenue service at the time the travel occurs may | 4719 |
be paid instead of reimbursement for actual travel expenses | 4720 |
allowable. | 4721 |
(S)(1) As used in division (S) of this section: | 4722 |
(a) "State elective office" has the same meaning as in | 4723 |
section 3517.092 of the Revised Code. | 4724 |
(b) "Federal office" means a federal office as defined in the | 4725 |
Federal Election Campaign Act. | 4726 |
(c) "Federal campaign committee" means a principal campaign | 4727 |
committee or authorized committee as defined in the Federal | 4728 |
Election Campaign Act. | 4729 |
(2) No person who is a candidate for state elective office | 4730 |
and who previously sought nomination or election to a federal | 4731 |
office shall transfer any funds or assets from that person's | 4732 |
federal campaign committee for nomination or election to the | 4733 |
federal office to that person's campaign committee as a candidate | 4734 |
for state elective office. | 4735 |
(3) No campaign committee of a person who is a candidate for | 4736 |
state elective office and who previously sought nomination or | 4737 |
election to a federal office shall accept any funds or assets from | 4738 |
that person's federal campaign committee for that person's | 4739 |
nomination or election to the federal office. | 4740 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 4741 |
section 3517.102 of the Revised Code, a state or county political | 4742 |
party shall not disburse moneys from any account other than a | 4743 |
state candidate fund to make contributions to any of the | 4744 |
following: | 4745 |
(a) A state candidate fund; | 4746 |
(b) A legislative campaign fund; | 4747 |
(c) A campaign committee of a candidate for the office of | 4748 |
governor, lieutenant governor, secretary of state, auditor of | 4749 |
state, treasurer of state, attorney general, member of the state | 4750 |
board of education, or member of the general assembly. | 4751 |
(2) No state candidate fund, legislative campaign fund, or | 4752 |
campaign committee of a candidate for any office described in | 4753 |
division (T)(1)(c) of this section shall knowingly accept a | 4754 |
contribution in violation of division (T)(1) of this section. | 4755 |
(U) No person shall fail to file the statement required under | 4756 |
section 3517.12 of the Revised Code. | 4757 |
(V) No campaign committee shall fail to file a statement | 4758 |
required under division (K)(3) of section 3517.10 of the Revised | 4759 |
Code. | 4760 |
(W)(1) No foreign national shall, directly or indirectly | 4761 |
through any other person or entity, make a contribution, | 4762 |
expenditure, or independent expenditure or promise, either | 4763 |
expressly or implicitly, to make a contribution, expenditure, or | 4764 |
independent expenditure in support of or opposition to a candidate | 4765 |
for any elective office in this state, including an office of a | 4766 |
political party. | 4767 |
(2) No candidate, campaign committee, political action | 4768 |
committee,
| 4769 |
fund, state candidate fund, political party, or separate | 4770 |
segregated fund shall solicit or accept a contribution, | 4771 |
expenditure, or independent expenditure from a foreign national. | 4772 |
The secretary of state may direct any candidate, committee, fund, | 4773 |
4774 | |
independent expenditure in violation of this division to return | 4775 |
the contribution, expenditure, or independent expenditure or, if | 4776 |
it is not possible to return the contribution, expenditure, or | 4777 |
independent expenditure, then to return instead the value of it, | 4778 |
to the contributor. | 4779 |
(3) As used in division (W) of this section, "foreign | 4780 |
national" has the same meaning as in section 441e(b) of the | 4781 |
Federal Election Campaign Act. | 4782 |
(X)(1) No state or county political party shall transfer any | 4783 |
moneys from its restricted fund to any account of the political | 4784 |
party into which contributions may be made or from which | 4785 |
contributions or expenditures may be made. | 4786 |
(2)(a) No state or county political party shall deposit a | 4787 |
contribution or contributions that it receives into its restricted | 4788 |
fund. | 4789 |
(b) No state or county political party shall make a | 4790 |
contribution or an expenditure from its restricted fund. | 4791 |
(3)(a) No corporation or labor organization shall make a gift | 4792 |
or gifts from the corporation's or labor organization's money or | 4793 |
property aggregating more than ten thousand dollars to any one | 4794 |
state or county political party for the party's restricted fund in | 4795 |
a calendar year. | 4796 |
(b) No state or county political party shall accept a gift or | 4797 |
gifts for the party's restricted fund aggregating more than ten | 4798 |
thousand dollars from any one corporation or labor organization in | 4799 |
a calendar year. | 4800 |
(4) No state or county political party shall transfer any | 4801 |
moneys in the party's restricted fund to any other state or county | 4802 |
political party. | 4803 |
(5) No state or county political party shall knowingly fail | 4804 |
to file a statement required under section 3517.1012 of the | 4805 |
Revised Code. | 4806 |
Sec. 3517.151. (A) On and after January 1, 1996, complaints | 4807 |
with respect to acts or failures to act under the sections listed | 4808 |
in division (A) of section 3517.153 of the Revised Code shall be | 4809 |
filed with the Ohio elections commission created under section | 4810 |
3517.152 of the Revised Code. | 4811 |
(B)(1) If a complaint filed with the Ohio elections | 4812 |
commission created under section 3517.152 of the Revised Code | 4813 |
alleges an act or failure to act that occurred before August 24, | 4814 |
1995, and the commission imposes a fine, sections 3517.99 and | 4815 |
3517.991 of the Revised Code, and not sections 3517.992 and | 4816 |
3517.993 of the Revised Code, shall apply. | 4817 |
(2) If a complaint filed with the Ohio elections commission | 4818 |
created under section 3517.152 of the Revised Code alleges an act | 4819 |
or failure to act that is a violation of section 3517.13 of the | 4820 |
Revised Code, former divisions (A) to (R) of that section apply to | 4821 |
the act or failure to act if it occurred before August 24, 1995, | 4822 |
former divisions (A) to (U) of that section apply to the act or | 4823 |
failure to act if it occurs on or after August 24, 1995, but | 4824 |
before July 13, 1998, former divisions (A) to (V) of that section | 4825 |
apply to the act or failure to act if it occurs on or after July | 4826 |
13, 1998, but before
| 4827 |
22, 1999, | 4828 |
the act or failure to act if it occurs on or
after
| 4829 |
4830 | |
date of this amendment, and divisions (A) to (X) of that section | 4831 |
apply to the act or failure to act if it occurs on or after the | 4832 |
effective date of this amendment. | 4833 |
(C) The Ohio elections commission created under section | 4834 |
3517.14 of the Revised Code is abolished at the close of business | 4835 |
on December 31, 1995. | 4836 |
Sec. 3517.152. (A)(1) There is hereby created the Ohio | 4837 |
elections commission consisting of seven members. | 4838 |
Not later than forty-five days after August 24, 1995, the | 4839 |
speaker of the house of representatives and the leader in the | 4840 |
senate of the political party of which the speaker is a member | 4841 |
shall jointly submit to the governor a list of five persons who | 4842 |
are affiliated with that political party. Not later than | 4843 |
forty-five days after August 24, 1995, the two legislative leaders | 4844 |
in the two houses of the general assembly of the major political | 4845 |
party of which the speaker is not a member shall jointly submit to | 4846 |
the governor a list of five persons who are affiliated with the | 4847 |
major political party of which the speaker is not a member. Not | 4848 |
later than fifteen days after receiving each list, the governor | 4849 |
shall appoint three persons from each list to the commission. The | 4850 |
governor shall appoint one person from each list to a term that | 4851 |
ends on December 31, 1996, one person from each list to a term | 4852 |
that ends on December 31, 1997, and one person from each list to a | 4853 |
term that ends on December 31, 1998. | 4854 |
Not later than thirty days after the governor appoints these | 4855 |
six members, they shall, by a majority vote, appoint to the | 4856 |
commission a seventh member, who shall not be affiliated with a | 4857 |
political party. If the six members fail to appoint the seventh | 4858 |
member within this thirty-day period, the chief justice of the | 4859 |
supreme court, not later than thirty days after the end of the | 4860 |
period during which the six members were required to appoint a | 4861 |
member, shall appoint the seventh member, who shall not be | 4862 |
affiliated with a political party. The seventh member shall be | 4863 |
appointed to a term that ends on December 31, 2001. Terms of the | 4864 |
initial members appointed under this division begin on January 1, | 4865 |
1996. | 4866 |
(2) If a vacancy occurs in the position of the seventh | 4867 |
member, who is not affiliated with a political party, the six | 4868 |
remaining members by a majority vote shall appoint, not later than | 4869 |
forty-five days after the date of the vacancy, the seventh member | 4870 |
of the commission, who shall not be affiliated with a political | 4871 |
party. If these members fail to appoint the seventh member within | 4872 |
this forty-five-day period, the chief justice of the supreme | 4873 |
court, within fifteen days after the end of this period, shall | 4874 |
appoint the seventh member, who shall not be affiliated with a | 4875 |
political party. If a vacancy occurs in any of the other six | 4876 |
positions on the commission, the legislative leaders of the | 4877 |
political party from whose list of persons the member being | 4878 |
replaced was appointed shall submit to the governor, not later | 4879 |
than thirty days after the date of the vacancy, a list of three | 4880 |
persons who are affiliated with that political party. Not later | 4881 |
than fifteen days after receiving the list, the governor, with the | 4882 |
advice and consent of the senate, shall appoint one person from | 4883 |
the list to the commission. | 4884 |
(3) At no time shall more than six members of the commission | 4885 |
be affiliated with a political party, and, of these six members, | 4886 |
not more than three shall be affiliated with the same political | 4887 |
party. | 4888 |
(4) In making appointments to the commission, the governor | 4889 |
shall take into consideration the various geographic areas of this | 4890 |
state and shall appoint members so that those areas are | 4891 |
represented on the commission in a balanced manner, to the extent | 4892 |
feasible. | 4893 |
(5) Members of the commission shall be registered electors | 4894 |
and shall be of good moral character. | 4895 |
(B) Each member of the Ohio elections commission shall hold | 4896 |
office from the date of the member's appointment until the end of | 4897 |
the term for which the member was appointed. A member appointed to | 4898 |
fill a vacancy occurring prior to the expiration of the term for | 4899 |
which the member's predecessor was appointed shall hold office for | 4900 |
the remainder of that term. A member shall continue in office | 4901 |
subsequent to the expiration date of the member's term until the | 4902 |
member's successor takes office or until a period of sixty days | 4903 |
has elapsed, whichever occurs first. After the initial terms of | 4904 |
office provided for in division (A)(1) of this section, terms of | 4905 |
office shall be for five years. | 4906 |
(C) A vacancy in the Ohio elections commission may be caused | 4907 |
by death, resignation, or three absences from commission meetings | 4908 |
in a calendar year if those absences are caused by reasons | 4909 |
declared invalid by a vote of five members of the remaining | 4910 |
members of the commission. | 4911 |
(D) Each member of the Ohio elections commission while in the | 4912 |
performance of the business of the commission shall be entitled to | 4913 |
receive compensation at the rate of twenty-five thousand dollars | 4914 |
per year. Members shall be reimbursed for expenses actually and | 4915 |
necessarily incurred in the performance of their duties. | 4916 |
(E) No member of the Ohio elections commission shall serve | 4917 |
more than one full term unless the terms served are served | 4918 |
nonconsecutively. | 4919 |
(F)(1) No member of the Ohio elections commission shall do or | 4920 |
be any of the following: | 4921 |
(a) Hold, or be a candidate for, a public office; | 4922 |
(b) Serve on a committee supporting or opposing a candidate | 4923 |
or ballot question or issue; | 4924 |
(c) Be an officer of the state central committee, a county | 4925 |
central committee, or a district, city, township, or other | 4926 |
committee of a political party or an officer of the executive | 4927 |
committee of the state central committee, a county central | 4928 |
committee, or a district, city, township, or other committee of a | 4929 |
political party; | 4930 |
(d) Be a legislative agent as defined in section 101.70 of | 4931 |
the Revised Code or an executive agency lobbyist as defined in | 4932 |
section 121.60 of the Revised Code; | 4933 |
(e) Solicit or be involved in soliciting contributions on | 4934 |
behalf of a candidate, campaign committee, political party, or | 4935 |
political action committee | 4936 |
(f) Be in the unclassified service under section 124.11 of | 4937 |
the Revised Code; | 4938 |
(g) Be a person or employee described in divisions (C)(1) to | 4939 |
(15) of section 4117.01 of the Revised Code. | 4940 |
(2) No member or employee of the commission shall make a | 4941 |
contribution to, or for the benefit of, a campaign committee or | 4942 |
committee in support of or opposition to a ballot question or | 4943 |
issue, a political party, a legislative campaign fund, or a | 4944 |
political action committee | 4945 |
(G)(1) The members of the Ohio elections commission shall | 4946 |
elect a chairperson and a vice-chairperson. At no time shall the | 4947 |
chairperson and vice-chairperson be affiliated with the same | 4948 |
political party. The chairperson shall serve in that capacity for | 4949 |
one year and shall not serve as chairperson more than twice during | 4950 |
a term as a member of the commission. No two successive | 4951 |
chairpersons shall be affiliated with the same political party. | 4952 |
(2) The commission shall meet at the call of the chairperson | 4953 |
or upon the written request of a majority of the members. The | 4954 |
meetings and hearings of the commission or a panel of the | 4955 |
commission under sections 3517.153 to 3517.157 of the Revised Code | 4956 |
are subject to section 121.22 of the Revised Code. | 4957 |
(3) The commission shall adopt rules for its procedures in | 4958 |
accordance with Chapter 119. of the Revised Code. Five of the | 4959 |
seven members constitute a quorum. Except as otherwise provided in | 4960 |
this section and in sections 3517.154 to 3517.157 of the Revised | 4961 |
Code, no action shall be taken without the concurrence of a | 4962 |
majority of the members. | 4963 |
(H)(1) The Ohio elections commission shall employ the | 4964 |
technical, professional, and clerical employees that are necessary | 4965 |
for it to carry out its duties. | 4966 |
(2)(a) Notwithstanding section 109.02 of the Revised Code, | 4967 |
the commission shall employ a full-time attorney, and, as needed, | 4968 |
one or more investigatory attorneys to conduct investigations for | 4969 |
the commission or a panel of the commission. The commission may | 4970 |
employ or contract for the services of additional attorneys, as | 4971 |
needed. The full-time attorney shall do all of the following: | 4972 |
(i) Serve as the commission's attorney in regard to all legal | 4973 |
matters, including representing the commission at appeals from a | 4974 |
final determination of the commission, except that the full-time | 4975 |
attorney shall not perform the duties that an investigatory | 4976 |
attorney is required or requested to perform or that another | 4977 |
attorney the commission employs or contracts with for services is | 4978 |
required or requested to perform, and shall not represent the | 4979 |
commission in any legal proceeding in which the commission is a | 4980 |
named party; | 4981 |
(ii) At the request of the commission or a panel of the | 4982 |
commission, be present at a hearing held under sections 3517.154 | 4983 |
to 3517.156 of the Revised Code to rule on the admissibility of | 4984 |
evidence and to advise on the conduct of procedure; | 4985 |
(iii) Perform other duties as required by rule of the | 4986 |
commission. | 4987 |
(b) An attorney employed by or under contract with the | 4988 |
commission shall be licensed to practice law in this state. | 4989 |
(3)(a) Except as otherwise provided in division (H)(3)(b) of | 4990 |
this section, at least five members of the commission shall agree | 4991 |
on the employment of a person, a majority of the members shall | 4992 |
agree on the discharge of an employee, and a person employed by | 4993 |
the commission shall serve at the pleasure of the commission. | 4994 |
(b) At least five of the seven members shall agree on the | 4995 |
discharge of an investigatory attorney. | 4996 |
(I) There is hereby created in the state treasury the Ohio | 4997 |
elections commission fund. All moneys credited to the fund shall | 4998 |
be used solely for the purpose of paying expenses related to the | 4999 |
operation of the Ohio elections commission. | 5000 |
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio | 5001 |
elections commission shall review each complaint filed with the | 5002 |
commission under section 3517.153 of the Revised Code, shall | 5003 |
determine the nature of the complaint, and, unless division | 5004 |
(A)(2)(a) of this section requires that the complaint receive an | 5005 |
automatic expedited hearing, shall make a recommendation to the | 5006 |
commission for its disposition, in accordance with this section. | 5007 |
The attorney shall make the determination and the recommendation, | 5008 |
if required, not later than one business day after the complaint | 5009 |
is filed. | 5010 |
(2)(a) If the attorney determines that the complaint sets | 5011 |
forth a violation of division (B) of section 3517.21 or division | 5012 |
(B) of section 3517.22 of the Revised Code and that the complaint | 5013 |
is filed during one of the periods of time specified in division | 5014 |
(B)(1) of section 3517.156 of the Revised Code, or that the | 5015 |
complaint sets forth a violation of section 3517.103 of the | 5016 |
Revised Code or a violation described in division (D) of section | 5017 |
3517.1010 of the Revised Code, the complaint shall receive an | 5018 |
automatic expedited hearing under section 3517.156 of the Revised | 5019 |
Code. | 5020 |
(b) If the attorney determines that the complaint sets forth | 5021 |
a failure to comply with or a violation of division (G), (I), (J), | 5022 |
(O), (P), or (Q) of section 3517.13, division (A) of section | 5023 |
3517.21, or division (A) of section 3517.22 of the Revised Code | 5024 |
and that the complaint is filed during one of the periods of time | 5025 |
specified in division (B)(1) of section 3517.156 of the Revised | 5026 |
Code, the attorney shall recommend to the commission that the | 5027 |
complaint receive an expedited hearing under section 3517.156 of | 5028 |
the Revised Code, and the complaint shall receive such a hearing. | 5029 |
(c) If the attorney determines that the complaint sets forth | 5030 |
a failure to comply with or a violation of a section of the | 5031 |
Revised Code over which the commission has jurisdiction to hear | 5032 |
complaints other than the sections described in divisions | 5033 |
(A)(2)(a) and (b) of this section, and unless the attorney makes a | 5034 |
determination as provided for in division (A)(3) of this section, | 5035 |
the attorney shall recommend to the commission that the complaint | 5036 |
be submitted to the commission under section 3517.155 of the | 5037 |
Revised Code. After the attorney makes that recommendation, the | 5038 |
attorney shall notify all parties to the complaint of the | 5039 |
attorney's recommendation. | 5040 |
(3)(a) If a complaint sets forth a failure to comply with or | 5041 |
a violation of a section of the Revised Code over which the | 5042 |
commission has jurisdiction to hear complaints other than the | 5043 |
sections described in divisions (A)(2)(a) and (b) of this section | 5044 |
and if the complaint is filed during one of the periods of time | 5045 |
specified in division (B)(1) of section 3517.156 of the Revised | 5046 |
Code, the attorney may determine that the complaint should receive | 5047 |
an expedited hearing under that section. The attorney shall make | 5048 |
that determination by considering one or more of the following: | 5049 |
(i) The number of prior failures to comply with or violations | 5050 |
of Title XXXV of the Revised Code that the person or entity | 5051 |
against whom the complaint has been brought has committed and any | 5052 |
prior penalties the commission has imposed on the person or | 5053 |
entity; | 5054 |
(ii) If the complaint involves a statement required to be | 5055 |
filed under section 3517.10, division (E) of section 3517.102, or | 5056 |
section 3517.103, 3517.105, 3517.107, 3517.108, | 5057 |
3517.1011, or 3517.1012 of the Revised Code or an addendum | 5058 |
required to be filed under section 3517.11 of the Revised Code | 5059 |
that is filed late, how late the filing is and how much time has | 5060 |
elapsed between the deadline for filing the statement or addendum | 5061 |
and the filing of the complaint; | 5062 |
(iii) If the complaint involves contributions
| 5063 |
expenditures, contributions and disbursements, deposits and | 5064 |
disbursements, or gifts and disbursements required to be reported | 5065 |
under section 3517.10, division (E) of section 3517.102, or | 5066 |
section 3517.105, 3517.107, 3517.108, | 5067 |
3517.1012, or 3517.1013 of the Revised Code that are either not | 5068 |
reported or
reported late, the number of contributions | 5069 |
expenditures, contributions and disbursements, deposits and | 5070 |
disbursements, or gifts and disbursements not reported or how late | 5071 |
they were reported; | 5072 |
(iv) If the complaint involves contributions required to be | 5073 |
reported by a campaign committee under section 3517.10, division | 5074 |
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, | 5075 |
or 3517.109 of the Revised Code that are not reported, whether any | 5076 |
of the contributors of the contributions not reported have a | 5077 |
personal or professional relationship with the campaign | 5078 |
committee's candidate; | 5079 |
(v) If the complaint involves a statement required to be | 5080 |
filed under section 3517.10, division (E) of section 3517.102, or | 5081 |
section 3517.103, 3517.105, 3517.107, 3517.108, | 5082 |
3517.1011, 3517.1012, or 3517.1013 of the Revised Code that is | 5083 |
incomplete, the degree to which it is incomplete; | 5084 |
(vi) If the complaint involves the receipt of contributions | 5085 |
in violation of section 3599.03 of the Revised Code, the dollar | 5086 |
amount and number of contributions received in violation of that | 5087 |
section; | 5088 |
(vii) If the complaint involves a failure to make the | 5089 |
identification or a misstatement of the identification required | 5090 |
under section 3517.105 or 3517.20 of the Revised Code, whether the | 5091 |
failure or misstatement was purposely made; | 5092 |
(viii) If the complaint sets forth a failure to comply with | 5093 |
or a violation of a section of the Revised Code described in | 5094 |
division (A)(2)(c) of this section, whether the person or entity | 5095 |
against whom the complaint has been made has committed more than | 5096 |
one such failure or violation within a reasonable amount of time, | 5097 |
or whether the cumulative nature of the failures or violations | 5098 |
indicates a systematic disregard for the law. | 5099 |
(b) Prior to making a determination under division (A)(3)(a) | 5100 |
of this section that the complaint should receive an expedited | 5101 |
hearing under section 3517.156 of the Revised Code, the attorney | 5102 |
shall take into consideration the number of panels of the | 5103 |
commission that have cases pending before them and the number of | 5104 |
cases pending before the panels and shall not make a determination | 5105 |
that will place an undue burden on a panel of the commission. | 5106 |
(c) If the attorney determines that the complaint should | 5107 |
receive an expedited hearing under section 3517.156 of the Revised | 5108 |
Code, the attorney shall recommend to the commission that the | 5109 |
complaint receive an expedited hearing, and, if a majority of the | 5110 |
members of the commission agrees with the recommendation, the | 5111 |
complaint shall receive an expedited hearing under that section. | 5112 |
(4) The attorney may join two or more complaints if the | 5113 |
attorney determines that the allegations in each complaint are of | 5114 |
the same or similar character, are based on the same act or | 5115 |
failure to act, or are based on two or more acts or failures to | 5116 |
act constituting parts of a common scheme or plan. If one | 5117 |
complaint contains two or more allegations, the attorney may | 5118 |
separate the allegations if they are not of the same or similar | 5119 |
character, if they are not based on the same act or failure to | 5120 |
act, or if they are not based on two or more acts or failures to | 5121 |
act constituting parts of a common scheme or plan. If the attorney | 5122 |
separates the allegations in a complaint, the attorney may make | 5123 |
separate recommendations under division (A)(2) or (3) of this | 5124 |
section for each allegation. | 5125 |
(B) Whenever a person or other entity files a complaint with | 5126 |
the commission setting forth a failure to comply with or a | 5127 |
violation of a section of the Revised Code as described in | 5128 |
division (A)(2)(c) of this section and the complaint is filed | 5129 |
during one of the periods of time specified in division (B)(1) of | 5130 |
section 3517.156 of the Revised Code, the person or entity may | 5131 |
request an expedited hearing under that section at the time the | 5132 |
complaint is filed. The attorney for the commission shall inform | 5133 |
the members of the commission of that request at the time the | 5134 |
attorney makes a recommendation under division (A) of this | 5135 |
section. The commission may grant the request for an expedited | 5136 |
hearing under this division if it determines that an expedited | 5137 |
hearing is practicable. | 5138 |
Sec. 3517.155. (A)(1) Except as otherwise provided in | 5139 |
division (B) of this section, the Ohio elections commission shall | 5140 |
hold its first hearing on a complaint filed with it, other than a | 5141 |
complaint that receives an expedited hearing under section | 5142 |
3517.156 of the Revised Code, not later than ninety business days | 5143 |
after the complaint is filed unless the commission has good cause | 5144 |
to hold the hearing after that time, in which case it shall hold | 5145 |
the hearing not later than one hundred eighty business days after | 5146 |
the complaint is filed. At the hearing, the commission shall | 5147 |
determine whether or not the failure to act or the violation | 5148 |
alleged in the complaint has occurred and shall do only one of the | 5149 |
following, except as otherwise provided in division (B) of this | 5150 |
section or in division (B) of section 3517.151 of the Revised | 5151 |
Code: | 5152 |
(a) Enter a finding that good cause has been shown not to | 5153 |
impose a fine or not to refer the matter to the appropriate | 5154 |
prosecutor; | 5155 |
(b) Impose a fine under section 3517.993 of the Revised Code; | 5156 |
(c) Refer the matter to the appropriate prosecutor; | 5157 |
(d) Direct the secretary of state or appropriate board of | 5158 |
elections with the authority to certify a candidate to the ballot | 5159 |
to remove a candidate's name from the ballot if the candidate is | 5160 |
barred from the ballot under division (D) of section 3517.1010 of | 5161 |
the Revised Code. | 5162 |
(2) As used in division (A) of this section, "appropriate | 5163 |
prosecutor" means a prosecutor as defined in section 2935.01 of | 5164 |
the Revised Code and either of the following: | 5165 |
(a) In the case of a failure to comply with or a violation of | 5166 |
law involving a campaign committee or the committee's candidate, a | 5167 |
political party, a legislative campaign fund, or a political | 5168 |
action
committee, | 5169 |
required to file a statement of contributions and expenditures | 5170 |
with the secretary of state under division (A) of section 3517.11 | 5171 |
of the Revised Code, the prosecutor of Franklin county; | 5172 |
(b) In the case of a failure to comply with or a violation of | 5173 |
law involving any other campaign committee or committee's | 5174 |
candidate, or any other political party or political action | 5175 |
committee, either of the following as determined by the | 5176 |
commission: | 5177 |
(i) The prosecutor of Franklin county; | 5178 |
(ii) The prosecutor of the county in which the candidacy or | 5179 |
ballot question or issue is submitted to the electors or, if it is | 5180 |
submitted in more than one county, the most populous of those | 5181 |
counties. | 5182 |
(B) If the commission decides that the evidence is | 5183 |
insufficient for it to determine whether or not the failure to act | 5184 |
or the violation alleged in the complaint has occurred, the | 5185 |
commission, by the affirmative vote of five members, may request | 5186 |
that an investigatory attorney investigate the complaint. Upon | 5187 |
that request, an investigatory attorney shall make an | 5188 |
investigation in order to produce sufficient evidence for the | 5189 |
commission to decide the matter. If the commission requests an | 5190 |
investigation under this division, for good cause shown by the | 5191 |
investigatory attorney, the commission may extend by sixty days | 5192 |
the deadline for holding its first hearing on the complaint as | 5193 |
required in division (A) of this section. | 5194 |
(C) The commission shall take one of the actions required | 5195 |
under division (A) of this section not later than thirty days | 5196 |
after the close of all the evidence presented. | 5197 |
(D)(1) The commission shall make any finding of a failure to | 5198 |
comply with or a violation of law in regard to a complaint that | 5199 |
alleges a violation of division (D) of section 3517.1010, division | 5200 |
(A) or (B) of section 3517.21, or division (A) or (B) of section | 5201 |
3517.22 of the Revised Code by clear and convincing evidence. The | 5202 |
commission shall make any finding of a failure to comply with or a | 5203 |
violation of law in regard to any other complaint by a | 5204 |
preponderance of the evidence. | 5205 |
(2) If the commission finds a violation of division (B) of | 5206 |
section 3517.21 or division (B) of section 3517.22 of the Revised | 5207 |
Code, it shall refer the matter to the appropriate prosecutor | 5208 |
under division (A)(1)(c) of this section and shall not impose a | 5209 |
fine under division (A)(1)(b) of this section or section 3517.993 | 5210 |
of the Revised Code. | 5211 |
(E) In an action before the commission or a panel of the | 5212 |
commission, if the allegations of the complainant are not proved, | 5213 |
and the commission takes the action described in division | 5214 |
(A)(1)(a) of this section or a panel of the commission takes the | 5215 |
action described in division (C)(1) of section 3517.156 of the | 5216 |
Revised Code, the commission or a panel of the commission may find | 5217 |
that the complaint is frivolous, and, if the commission or panel | 5218 |
so finds, the commission shall order the complainant to pay | 5219 |
reasonable attorney's fees and to pay the costs of the commission | 5220 |
or panel as determined by a majority of the members of the | 5221 |
commission. The costs paid to the commission or panel under this | 5222 |
division shall be deposited into the Ohio elections commission | 5223 |
fund. | 5224 |
Sec. 3517.16. (A) There is hereby created in the state | 5225 |
treasury the Ohio political party fund. All moneys received as a | 5226 |
result of individuals exercising the checkoff option on their | 5227 |
state income tax returns provided for in section 5747.081 of the | 5228 |
Revised Code shall be deposited in | 5229 |
commissioner shall pay money from the fund | 5230 |
state and to political parties in the manner described in division | 5231 |
(B) of this section. | 5232 |
(B)(1) The auditor of state annually shall submit a report to | 5233 |
the tax commissioner estimating the costs that the auditor of | 5234 |
state will incur during that year in conducting audits under | 5235 |
section 3517.17 of the Revised Code. The tax commissioner shall | 5236 |
pay to the auditor of state, from the Ohio political party fund, | 5237 |
moneys sufficient to pay the auditor of state's estimated costs of | 5238 |
the audits referred to in this division. | 5239 |
(2) After the costs of audits are deducted under division | 5240 |
(B)(1) of this section, the tax commissioner shall pay any moneys | 5241 |
remaining in the fund only to political parties
qualifying for | 5242 |
them under division (B) of section 3517.17 of the Revised Code. | 5243 |
Sec. 3517.17. (A) At the beginning of each calendar quarter, | 5244 |
after the costs of audits are deducted under division (B)(1) of | 5245 |
section 3517.16 of the Revised Code, the tax commissioner shall | 5246 |
divide any remaining moneys that have accrued in the Ohio | 5247 |
political party
fund during the previous quarter | 5248 |
equally among all qualified political parties in the following | 5249 |
manner. Of the public moneys to which a party is entitled: | 5250 |
(1) One-half shall be paid to the treasurer of the state | 5251 |
executive committee of the party; | 5252 |
(2) One-half shall be distributed to the treasurer of each | 5253 |
county executive committee of the various counties in accordance | 5254 |
with the ratio that the number of checkoffs in each county bears | 5255 |
to the total number of checkoffs, as determined by the tax | 5256 |
commissioner. | 5257 |
Each party treasurer receiving public moneys from the Ohio | 5258 |
political party fund shall deposit those moneys into the party's | 5259 |
restricted fund created under section 3517.1012 of the Revised | 5260 |
Code, shall expend and maintain | 5261 |
5262 | |
the requirements of that section and section 3517.18 of the | 5263 |
Revised Code, and shall file deposit and disbursement statements | 5264 |
5265 | |
5266 | |
5267 | |
5268 | |
5269 | |
5270 | |
5271 | |
5272 | |
auditor of state shall annually audit the deposit and disbursement | 5273 |
statements of the state committee
of a political party that | 5274 |
5275 | |
previous year, to ascertain that | 5276 |
restricted fund are expended in accordance with law. The auditor | 5277 |
of state shall audit the deposit and disbursement statements of | 5278 |
each county committee of such a political party to ascertain that | 5279 |
all moneys in the party's restricted fund are expended in | 5280 |
accordance with law at the time of the public office audit of that | 5281 |
county under Chapter 117. of the Revised Code. | 5282 |
(B) Only major political parties, as defined in section | 5283 |
3501.01 of the Revised Code, may apply for public moneys from the | 5284 |
Ohio political party fund. At the end of each even-numbered | 5285 |
calendar year, the secretary of state shall announce the names of | 5286 |
all such political parties, indicating that they may apply to | 5287 |
receive such moneys during the ensuing two years. Any political | 5288 |
party named at this time may, not later than the last day of | 5289 |
January of the ensuing odd-numbered year, make application with | 5290 |
the tax commissioner to receive public moneys. | 5291 |
party that fails to make a timely application shall not receive | 5292 |
public moneys during that two-year period. The tax commissioner | 5293 |
shall prescribe an appropriate application form. Moneys from the | 5294 |
fund shall be provided during the appropriate two-year period to | 5295 |
each political party that makes a timely application in accordance | 5296 |
with this division. | 5297 |
Sec. 3517.20. (A)(1) As used in | 5298 |
section: | 5299 |
(a) "Political publication for or against a candidate" means | 5300 |
a notice, placard, advertisement, sample ballot, brochure, flyer, | 5301 |
direct mailer, or | 5302 |
designed to promote the nomination, election, or defeat of a | 5303 |
candidate. | 5304 |
(b) "Political publication for or against an issue" means a | 5305 |
notice, placard, advertisement, sample ballot, brochure, flyer, | 5306 |
direct mailer, or | 5307 |
designed to promote the adoption or defeat of a ballot issue or | 5308 |
question or to influence the voters in an election. | 5309 |
(c) "Public political advertising" means newspapers, | 5310 |
magazines, outdoor advertising facilities, direct mailings, or | 5311 |
other similar types of general public political advertising, or | 5312 |
flyers, handbills, or other nonperiodical printed matter. | 5313 |
(d) "Statewide candidate" has the same meaning as in section | 5314 |
3517.102 of the Revised Code. | 5315 |
(e) "Legislative candidate" means a candidate for the office | 5316 |
of member of the general assembly. | 5317 |
(f) "Local candidate" means a candidate for an elective | 5318 |
office of a political subdivision of this state. | 5319 |
(g) "Legislative campaign fund" has the same meaning as in | 5320 |
section 3517.01 of the Revised Code. | 5321 |
(h) "Limited political action committee" means a political | 5322 |
action committee of fewer than ten members. | 5323 |
(i) | 5324 |
5325 |
| 5326 |
of a local candidate or a local ballot issue, two hundred fifty | 5327 |
dollars in the case of a legislative candidate, or five hundred | 5328 |
dollars in the case of a statewide candidate or a statewide ballot | 5329 |
issue. | 5330 |
| 5331 |
reproduce for distribution, or cause to be issued, printed, | 5332 |
posted, distributed, or reproduced for distribution. | 5333 |
(k) "Telephone bank" means more than five hundred telephone | 5334 |
calls of an identical or substantially similar nature within any | 5335 |
thirty-day period, whether those telephone calls are made by | 5336 |
individual callers or by recording. | 5337 |
(2) No candidate, campaign committee, legislative campaign | 5338 |
fund, political party, or other entity, except a political action | 5339 |
committee | 5340 |
political publication for or against a candidate, or shall make an | 5341 |
expenditure for the purpose of financing political communications | 5342 |
in support of or opposition to a candidate through public | 5343 |
political advertising, unless the name and residence or business | 5344 |
address of the candidate or the chairperson, treasurer, or | 5345 |
secretary of the campaign committee, legislative campaign fund, | 5346 |
political party, or other entity that issues or otherwise is | 5347 |
responsible for that political publication or that makes an | 5348 |
expenditure for that political communication appears in a | 5349 |
conspicuous place on that political publication or is contained | 5350 |
within that political communication. | 5351 |
(3) No limited political action committee | 5352 |
5353 | |
unless the name and residence or business address of the | 5354 |
chairperson, treasurer, or secretary of the limited political | 5355 |
action committee | 5356 |
appears in a conspicuous place in the political publication for or | 5357 |
against a candidate described in division (A)(3)(a) of this | 5358 |
section or is contained within the political communication | 5359 |
described in division (A)(3)(b) of this section: | 5360 |
(a) Issue a form of political publication for or against a | 5361 |
candidate that costs in excess of the designated amount or that is | 5362 |
issued in cooperation, consultation, or concert with, or at the | 5363 |
request or suggestion of, a candidate, a campaign committee, a | 5364 |
legislative campaign fund, a political party, a political action | 5365 |
committee with ten or more members, | 5366 |
5367 | |
committee | 5368 |
excess of the designated amount on a related or the same or | 5369 |
similar political publication for or against a candidate; | 5370 |
(b) Make an expenditure in excess of the designated amount in | 5371 |
support of or opposition to a candidate or make an expenditure in | 5372 |
cooperation, consultation, or concert with, or at the request or | 5373 |
suggestion of, a candidate, a campaign committee, a legislative | 5374 |
campaign fund, a political party, a political action committee | 5375 |
with ten or more members, | 5376 |
5377 | |
5378 | |
designated amount in support of or opposition to the same | 5379 |
candidate, for the purpose of financing political communications | 5380 |
in support of or opposition to that candidate through public | 5381 |
political advertising. | 5382 |
(4) No political action committee with ten or more members | 5383 |
5384 | |
shall issue a form of political publication for or against a | 5385 |
candidate, or shall make an expenditure for the purpose of | 5386 |
financing political communications in support of or opposition to | 5387 |
a candidate through public political advertising, unless the name | 5388 |
and residence or business address of the chairperson, treasurer, | 5389 |
or
secretary of the political action committee | 5390 |
5391 | |
that political publication or that makes an expenditure for that | 5392 |
political communication through public political advertising | 5393 |
appears in a conspicuous place in that political publication or is | 5394 |
contained within that political communication. | 5395 |
(5) No corporation, labor organization, campaign committee, | 5396 |
legislative campaign fund, political party, or other entity, | 5397 |
except a political action committee, shall issue a form of | 5398 |
political publication for or against an issue, or shall make an | 5399 |
expenditure for the purpose of financing political communications | 5400 |
in support of or opposition to a ballot issue or question through | 5401 |
public political advertising, unless the name and residence or | 5402 |
business address of the chairperson, treasurer, or secretary of | 5403 |
the corporation, labor organization, campaign committee, | 5404 |
legislative campaign fund, political party, or other entity that | 5405 |
issues or otherwise is responsible for that political publication | 5406 |
or that makes an expenditure for that political communication | 5407 |
through public political advertising appears in a conspicuous | 5408 |
place in that political publication or is contained within that | 5409 |
political communication. | 5410 |
(6) No limited political action committee shall do either of | 5411 |
the following unless the name and residence or business address of | 5412 |
the chairperson, treasurer, or secretary of the limited political | 5413 |
action committee involved appears in a conspicuous place in the | 5414 |
political publication for or against a ballot issue described in | 5415 |
division (A)(6)(a) of this section or is contained within the | 5416 |
political communication described in division (A)(6)(b) of this | 5417 |
section: | 5418 |
(a) Issue a form of political publication for or against a | 5419 |
ballot issue that costs in excess of the designated amount or that | 5420 |
is issued in cooperation, consultation, or concert with, or at the | 5421 |
request or suggestion of, a candidate, a campaign committee, a | 5422 |
legislative campaign fund, a political party, a political action | 5423 |
committee with ten or more members, or a limited political action | 5424 |
committee that spends in excess of the designated amount for a | 5425 |
related or the same or similar political publication for or | 5426 |
against an issue; | 5427 |
(b) Make an expenditure in excess of the designated amount in | 5428 |
support of or opposition to a ballot issue or make an expenditure | 5429 |
in cooperation, consultation, or concert with, or at the request | 5430 |
or suggestion of, a candidate, a campaign committee, a legislative | 5431 |
campaign fund, a political party, a political action committee | 5432 |
with ten or more members, or a limited political action committee | 5433 |
that spends in excess of the designated amount in support of or | 5434 |
opposition to the same ballot issue, for the purpose of financing | 5435 |
political communications in support of or opposition to that | 5436 |
ballot issue through public political advertising. | 5437 |
(7) No political action committee with ten or more members | 5438 |
shall issue a form of political publication for or against an | 5439 |
issue, or shall make an expenditure for the purpose of financing | 5440 |
political communications in support of or opposition to a ballot | 5441 |
issue or question through public political advertising, unless the | 5442 |
name and residence or business address of the chairperson, | 5443 |
treasurer, or secretary of the political action committee that | 5444 |
issues or otherwise is responsible for that political publication | 5445 |
or that makes an expenditure for that political communication | 5446 |
appears in a conspicuous place in that political publication or is | 5447 |
contained within that political communication. | 5448 |
(8) The disclaimer "paid political advertisement" is not | 5449 |
sufficient to meet the requirements of this section. | 5450 |
(9) If the political publication described in division (A) of | 5451 |
this section is issued by the regularly constituted central or | 5452 |
executive committee of a political party that is organized as | 5453 |
provided in
| 5454 |
shall be sufficiently identified if it bears the name of the | 5455 |
committee and its chairperson or treasurer. | 5456 |
(10) If more than one piece of printed matter or printed | 5457 |
political communications are mailed as a single packet, the | 5458 |
requirements of division (A) of this section are met if one of the | 5459 |
pieces of printed matter or printed political communications in | 5460 |
the packet contains the name and residence or business address of | 5461 |
the chairperson, treasurer, or secretary of the organization or | 5462 |
entity that issues or is responsible for the printed matter or | 5463 |
other printed political communications. | 5464 |
(11) This section does not apply to the transmittal of | 5465 |
personal correspondence that is not reproduced by machine for | 5466 |
general distribution. | 5467 |
(12) The secretary of state, by rule, may exempt from the | 5468 |
requirements of this section, printed matter and certain other | 5469 |
kinds of printed communications such as campaign buttons, | 5470 |
balloons, pencils, or similar items, the size or nature of which | 5471 |
makes it unreasonable to add an identification or disclaimer. | 5472 |
(13) The disclaimer or identification described in division | 5473 |
(A) of this section, when paid for by a campaign committee, shall | 5474 |
be identified by the words "paid for by" followed by the name and | 5475 |
address of the campaign committee and the appropriate officer of | 5476 |
the committee, identified by name and title. The identification or | 5477 |
disclaimer may use reasonable abbreviations for common terms such | 5478 |
as "treasurer" or "committee". | 5479 |
(B)(1) No candidate, campaign committee, legislative campaign | 5480 |
fund, political contributing entity, political party, political | 5481 |
action committee, limited political
action committee, | 5482 |
5483 | |
other entity shall utter or cause to be uttered, over the | 5484 |
broadcasting facilities of any radio or television station within | 5485 |
this state, any communication that is designed to promote the | 5486 |
nomination, election, or defeat of a candidate, or the adoption or | 5487 |
defeat of an issue or to influence the voters in an election, | 5488 |
unless the speaker identifies the speaker with the speaker's name | 5489 |
and residence address or unless the communication identifies the | 5490 |
chairperson, treasurer, or secretary of the organization | 5491 |
responsible for the communication with the name and residence or | 5492 |
business address of that officer, except that communications by | 5493 |
radio need not broadcast the residence or business address of the | 5494 |
officer. However, a radio station, for a period of at least six | 5495 |
months, shall keep the residence or business address on file and | 5496 |
divulge it to any person upon request. | 5497 |
No person operating a broadcast station or an organ of | 5498 |
printed media shall broadcast or print a paid political | 5499 |
communication that does not contain the identification required by | 5500 |
this section. | 5501 |
(2) Division (B) of this section does not apply to any | 5502 |
communications made on behalf of a radio or television station or | 5503 |
network by any employee of such radio or television station or | 5504 |
network while acting in the course of the employee's employment. | 5505 |
(3) No candidate or entity described in division (B)(1) of | 5506 |
this section shall use or cause to be used a false, fictitious, or | 5507 |
fraudulent name or address in the making or issuing of a | 5508 |
publication or communication included within the provisions of | 5509 |
this section. | 5510 |
(C) No candidate, campaign committee, legislative campaign | 5511 |
fund, political party, political action committee, limited | 5512 |
political action committee, or other person or entity shall | 5513 |
conduct a telephone bank for the purpose of promoting the | 5514 |
nomination, election, or defeat of a candidate or the adoption or | 5515 |
defeat of an issue or to influence the voters in an election, | 5516 |
unless the call includes a disclaimer that identifies the name of | 5517 |
the candidate, campaign committee, legislative campaign fund, | 5518 |
political party, political action committee, limited political | 5519 |
action committee, or other person or entity paying for the | 5520 |
telephone bank. | 5521 |
(D) Before a prosecution may commence under this section, a | 5522 |
complaint shall be filed with the Ohio elections commission under | 5523 |
section 3517.153 of the Revised Code. After the complaint is | 5524 |
filed, the commission shall proceed in accordance with sections | 5525 |
3517.154 to 3517.157 of the Revised Code. | 5526 |
Sec. 3517.23. The secretary of state shall adopt rules in | 5527 |
accordance with Chapter 119. of the Revised Code that are | 5528 |
necessary for the administration and enforcement of sections | 5529 |
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and | 5530 |
3599.031 of the Revised Code and shall provide each candidate, | 5531 |
political action committee, legislative campaign fund, political | 5532 |
party, and | 5533 |
disbursements to pay the direct costs of producing or airing | 5534 |
electioneering communications with written instructions and | 5535 |
explanations in order to ensure compliance with sections 3517.08 | 5536 |
to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and | 5537 |
3599.031 of the Revised Code. | 5538 |
Sec. 3517.992. This section establishes penalties only with | 5539 |
respect to acts or failures to act that occur on and after August | 5540 |
24, 1995. | 5541 |
(A)(1) A candidate whose campaign committee violates division | 5542 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 5543 |
or a treasurer of a campaign committee who violates any of those | 5544 |
divisions, shall be fined not more than one hundred dollars for | 5545 |
each day of violation. | 5546 |
(2) Whoever violates division (E) or (X)(5) of section | 5547 |
3517.13 of the Revised Code shall be fined not more than one | 5548 |
hundred dollars for each day of violation. | 5549 |
(B) A political party that violates division (F)(1) of | 5550 |
section 3517.101 of the Revised Code shall be fined not more than | 5551 |
one hundred dollars for each day of violation. | 5552 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 5553 |
division (G) of section 3517.13 of the Revised Code shall be fined | 5554 |
not more than ten thousand dollars or, if the offender is a person | 5555 |
who was nominated or elected to public office, shall forfeit the | 5556 |
nomination or the office to which the offender was elected, or | 5557 |
both. | 5558 |
(D) Whoever violates division (F) of section 3517.13 of the | 5559 |
Revised Code shall be fined not more than three times the amount | 5560 |
contributed. | 5561 |
(E) Whoever violates division (H) of section 3517.13 of the | 5562 |
Revised Code shall be fined not more than one hundred dollars. | 5563 |
(F) Whoever violates division (O), (P), or (Q) of section | 5564 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 5565 |
first degree. | 5566 |
(G) A state or county committee of a political party that | 5567 |
violates division (B)(1) of section 3517.18 of the Revised Code | 5568 |
shall be fined not more than twice the amount of the improper | 5569 |
expenditure. | 5570 |
(H) A state or county political party that violates division | 5571 |
(G) of section 3517.101 of the Revised Code shall be fined not | 5572 |
more than twice the amount of the improper expenditure or use. | 5573 |
(I)(1) Any individual who violates division (B)(1) of section | 5574 |
3517.102 of the Revised Code and knows that the contribution the | 5575 |
individual makes violates that division shall be fined an amount | 5576 |
equal to three times the amount contributed in excess of the | 5577 |
amount permitted by that division. | 5578 |
(2) Any political action committee that violates division | 5579 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 5580 |
amount equal to three times the amount contributed in excess of | 5581 |
the amount permitted by that division. | 5582 |
(3) Any campaign committee that violates division (B)(3) or | 5583 |
(5) of section 3517.102 of the Revised Code shall be fined an | 5584 |
amount equal to three times the amount contributed in excess of | 5585 |
the amount permitted by that division. | 5586 |
(4)(a) Any legislative campaign fund that violates division | 5587 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 5588 |
amount equal to three times the amount transferred or contributed | 5589 |
in excess of the amount permitted by that division, as applicable. | 5590 |
(b) Any state political party, county political party, or | 5591 |
state candidate fund of a state political party or county | 5592 |
political party that violates division (B)(6) of section 3517.102 | 5593 |
of the Revised Code shall be fined an amount equal to three times | 5594 |
the amount transferred or contributed in excess of the amount | 5595 |
permitted by that division, as applicable. | 5596 |
| 5597 |
5598 | |
5599 | |
5600 |
(5) Any political party that violates division (B)(4) of | 5601 |
section 3517.102 of the Revised Code shall be fined an amount | 5602 |
equal to three times the amount contributed in excess of the | 5603 |
amount permitted by that division. | 5604 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 5605 |
of this section, no violation of division (B) of section 3517.102 | 5606 |
of the Revised Code occurs, and the secretary of state shall not | 5607 |
refer parties to the Ohio elections commission, if the amount | 5608 |
transferred or contributed in excess of the amount permitted by | 5609 |
that division meets either of the following conditions: | 5610 |
(a) It is completely refunded within five business days after | 5611 |
it is accepted. | 5612 |
(b) It is completely refunded on or before the tenth business | 5613 |
day after notification to the recipient of the excess transfer or | 5614 |
contribution by the board of elections or the secretary of state | 5615 |
that a transfer or contribution in excess of the permitted amount | 5616 |
has been received. | 5617 |
(J)(1) Any campaign committee that violates division (C)(1), | 5618 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 5619 |
fined an amount equal to three times the amount accepted in excess | 5620 |
of the amount permitted by that division. | 5621 |
(2)(a) Any | 5622 |
division (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised | 5623 |
Code
shall be
fined an amount | 5624 |
to three times the amount accepted. | 5625 |
(b) Any county political party that violates division | 5626 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 5627 |
fined an amount from its state candidate fund equal to three times | 5628 |
the amount accepted in excess of the amount permitted by that | 5629 |
division. | 5630 |
(c) Any state political party that violates division | 5631 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 5632 |
an amount from its state candidate fund equal to three times the | 5633 |
amount accepted in excess of the amount permitted by that | 5634 |
division. | 5635 |
(3) Any legislative campaign fund that violates division | 5636 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 5637 |
amount equal to three times the amount accepted in excess of the | 5638 |
amount permitted by that division. | 5639 |
(4) Any political action committee | 5640 |
5641 | |
Revised Code shall be fined an amount equal to three times the | 5642 |
amount accepted in excess of the amount permitted by that | 5643 |
division. | 5644 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 5645 |
this section, no violation of division (C) of section 3517.102 of | 5646 |
the Revised Code occurs, and the secretary of state shall not | 5647 |
refer parties to the Ohio elections commission, if the amount | 5648 |
transferred or contributed in excess of the amount permitted to be | 5649 |
accepted by that division meets either of the following | 5650 |
conditions: | 5651 |
(a) It is completely refunded within five business days after | 5652 |
its acceptance. | 5653 |
(b) It is completely refunded on or before the tenth business | 5654 |
day after notification to the recipient of the excess transfer or | 5655 |
contribution by the board of elections or the secretary of state | 5656 |
that a transfer or contribution in excess of the permitted amount | 5657 |
has been received. | 5658 |
(K)(1) Any legislative campaign fund that violates division | 5659 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 5660 |
twenty-five dollars for each day of violation. | 5661 |
(2) Any legislative campaign fund that violates division | 5662 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 5663 |
treasurer of state for deposit into the state treasury to the | 5664 |
credit of the Ohio elections commission fund all excess | 5665 |
contributions not disposed of as required by division (E) of | 5666 |
section 3517.102 of the Revised Code. | 5667 |
(L) Whoever violates section 3517.105 of the Revised Code | 5668 |
shall be fined one thousand dollars. | 5669 |
(M)(1) Whoever solicits a contribution in violation of | 5670 |
section 3517.092 or violates division (B) of section 3517.09 of | 5671 |
the Revised Code is guilty of a misdemeanor of the first degree. | 5672 |
(2) Whoever knowingly accepts a contribution in violation of | 5673 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 5674 |
be fined an amount equal to three times the amount accepted in | 5675 |
violation of either of those divisions and shall return to the | 5676 |
contributor any amount so accepted. Whoever unknowingly accepts a | 5677 |
contribution in violation of division (B) or (C) of section | 5678 |
3517.092 of the Revised Code shall return to the contributor any | 5679 |
amount so accepted. | 5680 |
(N) Whoever violates division (S) of section 3517.13 of the | 5681 |
Revised Code shall be fined an amount equal to three times the | 5682 |
amount of funds transferred or three times the value of the assets | 5683 |
transferred in violation of that division. | 5684 |
(O) Any campaign committee that accepts a contribution or | 5685 |
contributions in violation of section 3517.108 of the Revised | 5686 |
Code, uses a contribution in violation of that section, or fails | 5687 |
to dispose of excess contributions in violation of that section | 5688 |
shall be fined an amount equal to three times the amount accepted, | 5689 |
used, or kept in violation of that section. | 5690 |
(P) Any political party, state candidate fund, legislative | 5691 |
candidate fund, or campaign committee that violates division (T) | 5692 |
of section 3517.13 of the Revised Code shall be fined an amount | 5693 |
equal to three times the amount contributed or accepted in | 5694 |
violation of that section. | 5695 |
(Q) A treasurer of a committee or another person who violates | 5696 |
division (U) of section 3517.13 of the Revised Code shall be fined | 5697 |
not more than two hundred fifty dollars. | 5698 |
(R) Whoever violates division (I) or (J) of section 3517.13 | 5699 |
of the Revised Code shall be fined not more than one thousand | 5700 |
dollars. Whenever a person is found guilty of violating division | 5701 |
(I) or (J) of section 3517.13 of the Revised Code, the contract | 5702 |
awarded in violation of either of those divisions shall be | 5703 |
rescinded if its terms have not yet been performed. | 5704 |
(S) A candidate whose campaign committee violates or a | 5705 |
treasurer of a campaign committee who violates section 3517.081 of | 5706 |
the Revised Code, and a candidate whose campaign committee | 5707 |
violates | 5708 |
person who violates | 5709 |
Revised Code, shall be fined not more than five hundred dollars. | 5710 |
(T) A candidate whose campaign committee violates or a | 5711 |
treasurer of a committee who violates division (B) of section | 5712 |
3517.09 of the Revised Code, or a candidate whose campaign | 5713 |
committee
violates | 5714 |
another person who violates division
(C) | 5715 |
the Revised Code shall be fined not more than one thousand | 5716 |
dollars. | 5717 |
(U) Whoever violates section 3517.20 of the Revised Code | 5718 |
shall be fined not more than five hundred dollars. | 5719 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 5720 |
Revised Code shall be imprisoned for not more than six months or | 5721 |
fined not more than five thousand dollars, or both. | 5722 |
(W) A campaign committee that is required to file a | 5723 |
declaration of no limits under division (D)(2) of section 3517.103 | 5724 |
of the Revised Code that, before filing that declaration, accepts | 5725 |
a contribution or contributions that exceed the limitations | 5726 |
prescribed in section 3517.102 of the Revised Code, shall return | 5727 |
that contribution or those contributions to the contributor. | 5728 |
(X) Any campaign committee that fails to file the declaration | 5729 |
of filing-day finances required by division (F) of section | 5730 |
3517.109 or the declaration of primary-day finances or declaration | 5731 |
of year-end finances required by division (E) of section 3517.1010 | 5732 |
of the Revised Code shall be fined twenty-five dollars for each | 5733 |
day of violation. | 5734 |
(Y) Any campaign committee that fails to dispose of excess | 5735 |
funds or excess aggregate contributions under division (B) of | 5736 |
section 3517.109 of the Revised Code in the manner required by | 5737 |
division (C) of that section or under division (B) of section | 5738 |
3517.1010 of the Revised Code in the manner required by division | 5739 |
(C) of that section shall give to the treasurer of state for | 5740 |
deposit into the Ohio elections commission fund created under | 5741 |
division | 5742 |
Code all funds not disposed of pursuant to those divisions. | 5743 |
(Z) Any individual, campaign committee, political action | 5744 |
committee, | 5745 |
fund, political party, or other entity that violates any provision | 5746 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 5747 |
penalty is provided for under any other division of this section | 5748 |
shall be fined not more than one thousand dollars. | 5749 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 5750 |
3517.13 of the Revised Code shall be fined an amount equal to | 5751 |
three times the amount contributed, expended, or promised in | 5752 |
violation of that division or ten thousand dollars, whichever | 5753 |
amount is greater. | 5754 |
(2) Whoever knowingly violates division (W)(2) of section | 5755 |
3517.13 of the Revised Code shall be fined an amount equal to | 5756 |
three times the amount solicited or accepted in violation of that | 5757 |
division or ten thousand dollars, whichever amount is greater. | 5758 |
(BB) Whoever knowingly violates division (C) or (D) of | 5759 |
section 3517.1011 of the Revised Code shall be fined not more than | 5760 |
ten thousand dollars plus not more than one thousand dollars for | 5761 |
each day of violation. | 5762 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 5763 |
violates division (H) of section 3517.1011 of the Revised Code | 5764 |
shall be fined an amount up to three times the amount disbursed | 5765 |
for the direct costs of airing the communication made in violation | 5766 |
of that division. | 5767 |
(2) Whoever has been ordered by the Ohio elections commission | 5768 |
or by a court of competent jurisdiction to cease making | 5769 |
communications in violation of division (H) of section 3517.1011 | 5770 |
of the Revised Code who again violates that division shall be | 5771 |
fined an amount equal to three times the amount disbursed for the | 5772 |
direct costs of airing the communication made in violation of that | 5773 |
division. | 5774 |
(DD)(1) Any corporation or labor organization that violates | 5775 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 5776 |
fined an amount equal to three times the amount given in excess of | 5777 |
the amount permitted by that division. | 5778 |
(2) Any state or county political party that violates | 5779 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 5780 |
fined an amount equal to three times the amount accepted in excess | 5781 |
of the amount permitted by that division. | 5782 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 5783 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 5784 |
3517.1012, division (B) of section 3517.1013, and section 3599.031 | 5785 |
of the Revised Code and except as provided in divisions (D), (E), | 5786 |
and (F) of this section, no corporation, no nonprofit corporation, | 5787 |
and no labor organization, directly or indirectly, shall pay or | 5788 |
use, or offer, advise, consent, or agree to pay or use, the | 5789 |
corporation's money or property, or the labor organization's | 5790 |
money, including dues, initiation fees, or other assessments paid | 5791 |
by members, or property, for or in aid of or opposition to a | 5792 |
political party, a candidate for election or nomination to public | 5793 |
office, a political action committee including a political action | 5794 |
committee of the corporation or labor organization, a legislative | 5795 |
campaign fund, or any organization that supports or opposes any | 5796 |
such candidate, or for any partisan political purpose, shall | 5797 |
violate any law requiring the filing of an affidavit or statement | 5798 |
respecting such use of those funds, or shall pay or use the | 5799 |
corporation's or labor organization's money for the expenses of a | 5800 |
social fund-raising event for its political action committee if an | 5801 |
employee's or labor organization member's right to attend such an | 5802 |
event is predicated on the employee's or member's contribution to | 5803 |
the corporation's or labor organization's political action | 5804 |
committee. | 5805 |
(2) Whoever violates division (A)(1) of this section shall be | 5806 |
fined not less than five hundred nor more than five thousand | 5807 |
dollars. | 5808 |
(B)(1) No officer, stockholder, attorney, or agent of a | 5809 |
corporation or nonprofit corporation, no member, including an | 5810 |
officer, attorney, or agent, of a labor organization, and no | 5811 |
candidate, political party official, or other individual shall | 5812 |
knowingly aid, advise, solicit, or receive money or other property | 5813 |
in violation of division (A)(1) of this section. | 5814 |
(2) Whoever violates division (B)(1) of this section shall be | 5815 |
fined not more than one thousand dollars, or imprisoned not more | 5816 |
than one year, or both. | 5817 |
(C) A corporation, a nonprofit corporation, or a labor | 5818 |
organization may use its funds or property for or in aid of or | 5819 |
opposition to a proposed or certified ballot issue. Such use of | 5820 |
funds or property shall be reported on a form prescribed by the | 5821 |
secretary of state. Reports of contributions in connection with | 5822 |
statewide ballot issues shall be filed with the secretary of | 5823 |
state. Reports of contributions in connection with local issues | 5824 |
shall be filed with the board of elections of the most populous | 5825 |
county of the district in which the issue is submitted or to be | 5826 |
submitted to the electors. Reports made pursuant to this division | 5827 |
shall be filed by the times specified in divisions (A)(1) and (2) | 5828 |
of section 3517.10 of the Revised Code. | 5829 |
(D)(1) Any gift made pursuant to section 3517.101 of the | 5830 |
Revised Code does not constitute a violation of this section or of | 5831 |
any other section of the Revised Code. | 5832 |
(2) Any gift made pursuant to division (A)(2) of section | 5833 |
3517.1012 of the Revised Code does not constitute a violation of | 5834 |
this section. | 5835 |
(3) Any gift made pursuant to division (B) of section | 5836 |
3517.1013 of the Revised Code does not constitute a violation of | 5837 |
this section. | 5838 |
(E) Any compensation or fees paid by a financial institution | 5839 |
to a state political party for services rendered pursuant to | 5840 |
division (B) of section 3517.19 of the Revised Code do not | 5841 |
constitute a violation of this section or of any other section of | 5842 |
the Revised Code. | 5843 |
(F)(1) The use by a nonprofit corporation of its money or | 5844 |
property for communicating information for a purpose specified in | 5845 |
division (A) of this section is not a violation of that division | 5846 |
if the stockholders, members, donors, trustees, or officers of the | 5847 |
nonprofit corporation are the predominant recipients of the | 5848 |
communication. | 5849 |
(2) The placement of a campaign sign on the property of a | 5850 |
corporation, nonprofit corporation, or labor organization is not a | 5851 |
use of property in violation of division (A) of this section by | 5852 |
that corporation, nonprofit corporation, or labor organization. | 5853 |
(3) The use by a corporation or labor organization of its | 5854 |
money or property for communicating information for a purpose | 5855 |
specified in division (A) of this section is not a violation of | 5856 |
that division if it is not a communication made by mass broadcast | 5857 |
such as radio or television or made by advertising in a newspaper | 5858 |
of general circulation but is a communication sent exclusively to | 5859 |
members, employees, officers, or trustees of that labor | 5860 |
organization or shareholders, employees, officers, or directors of | 5861 |
that corporation or to members of the immediate families of any | 5862 |
such individuals or if the communication intended to be so sent | 5863 |
exclusively is unintentionally sent as well to a de minimis number | 5864 |
of other individuals. | 5865 |
(G) In addition to the laws listed in division (A) of section | 5866 |
4117.10 of the Revised Code that prevail over conflicting | 5867 |
agreements between employee organizations and public employers, | 5868 |
this section prevails over any conflicting provisions of | 5869 |
agreements between labor organizations and public employers that | 5870 |
are entered into on or after the effective date of this section | 5871 |
pursuant to Chapter 4117. of the Revised Code. | 5872 |
(H) As used in this section, "labor organization" has the | 5873 |
same meaning as in section 3517.01 of the Revised Code. | 5874 |
Sec. 3599.031. (A) Notwithstanding any | 5875 |
the
Revised Code to the contrary and subject to | 5876 |
5877 | |
wages and salaries of its employees amounts for an account | 5878 |
described in division | 5879 |
segregated fund, a political action committee of the employer, a | 5880 |
political action committee of a labor organization of the | 5881 |
employer's employees, a political action committee of an | 5882 |
association of which the employer is a member, a political party, | 5883 |
a person making disbursements to pay the direct costs of producing | 5884 |
or airing electioneering communications, or a ballot issue that | 5885 |
the employee by written authorization may designate and shall | 5886 |
transmit any amounts so deducted as a separate written | 5887 |
authorization described in
division | 5888 |
direct. Any authorization authorizing a deduction from an | 5889 |
employee's wages or salary may be on a form that is used to apply | 5890 |
for or authorize membership in or authorize payment of dues or | 5891 |
fees to any organization, but the authorization for a deduction | 5892 |
shall be stated and signed separately from the application for | 5893 |
membership or the authorization for the payment of dues or fees. | 5894 |
The employer either may deduct from the amount to be so | 5895 |
transmitted a uniform amount determined by the employer to be | 5896 |
necessary to defray the actual cost of making such deduction and | 5897 |
transmittal, or may utilize its own funds in an amount it | 5898 |
determines is necessary to defray the actual administrative cost, | 5899 |
including making the deduction and transmittal. | 5900 |
(B) | 5901 |
5902 | |
5903 | |
5904 | |
5905 | |
5906 |
| 5907 |
of an employee for the purpose of depositing into the account | 5908 |
amounts deducted from the wages and salary of the employee | 5909 |
pursuant to division (A) of this section or amounts directly given | 5910 |
by the employee to the employer for the support of a candidate, a | 5911 |
separate segregated fund, a political action committee of the | 5912 |
employer, a political action committee of a labor organization of | 5913 |
the employer's employees, a political action committee of an | 5914 |
association of which the employer is a member, a political party, | 5915 |
a legislative campaign fund, a person making disbursements to pay | 5916 |
the direct costs of producing or airing electioneering | 5917 |
communications, or a ballot issue, the employee shall sign a | 5918 |
written authorization designating the recipient of a disbursement | 5919 |
from that account. The written authorization required under this | 5920 |
division is separate and distinct from a written authorization | 5921 |
required under division (A) of this section. The authorization | 5922 |
required under this division shall clearly identify and designate | 5923 |
the candidate, separate segregated fund, political action | 5924 |
committee of the employer, political action committee of a labor | 5925 |
organization of the employer's employees, political action | 5926 |
committee of an association of which the employer is a member, | 5927 |
political party, | 5928 |
disbursements to pay the direct costs of producing or airing | 5929 |
electioneering communications, or ballot issue that is to receive | 5930 |
any disbursement from the account established pursuant to this | 5931 |
division. No person shall designate the recipient of a | 5932 |
disbursement from the account except the employee from whose | 5933 |
account the disbursement is made. No employer shall make a | 5934 |
disbursement from the account of an employee established under | 5935 |
this division unless the employer has received the written | 5936 |
authorization required under this division. | 5937 |
| 5938 |
transmitted pursuant to this section with the employer's full name | 5939 |
and the full name of the labor organization of which the employee | 5940 |
whose amount is being transmitted is a member, if any. An employer | 5941 |
shall keep and maintain the authorization forms of all its | 5942 |
employees from whose wages and salaries any amounts were deducted | 5943 |
pursuant to division (A) of this section and the authorizations of | 5944 |
disbursements from
accounts established under division | 5945 |
this section for a period of at least six years after the year in | 5946 |
which the deductions and disbursements were made. | 5947 |
| 5948 |
division (A) or | 5949 |
authorization at any time. A revocation of the authorization does | 5950 |
not affect any deduction already made from an employee's wages and | 5951 |
salary or any amounts already transmitted or disbursed under this | 5952 |
section. | 5953 |
| 5954 |
the information required to be filed under division (B)(4)(b)(iii) | 5955 |
of section 3517.10 of the Revised Code: | 5956 |
(1) If an employer is a corporation, each subsidiary of a | 5957 |
parent corporation shall be considered an entity separate and | 5958 |
distinct from any other subsidiary and separate and distinct from | 5959 |
the parent corporation. | 5960 |
(2) Each national, regional, state, and local affiliate of a | 5961 |
labor organization shall be considered a distinct entity. | 5962 |
| 5963 |
be fined not less than fifty nor more than five hundred dollars | 5964 |
for each disbursement made in violation of that division. | 5965 |
| 5966 |
5967 | |
5968 | |
5969 |
| 5970 |
5971 | |
5972 | |
5973 | |
5974 | |
5975 |
| 5976 |
section 4117.10 of the Revised Code that prevail over conflicting | 5977 |
agreements between employee organizations and public employers, | 5978 |
this section prevails over any conflicting provisions of | 5979 |
agreements between labor organizations and public employers that | 5980 |
are entered into on or after the effective date of this amendment | 5981 |
pursuant to Chapter 4117. of the Revised Code. | 5982 |
(H) As used in this section: | 5983 |
(1) " | 5984 |
campaign fund," "labor organization," "political action | 5985 |
committee," and "separate segregated fund" have the same meanings | 5986 |
as in section 3517.01 of the Revised Code. | 5987 |
(2) "Public employer" means an employer that is the state or | 5988 |
a state agency, authority, commission, or board, a political | 5989 |
subdivision of the state, a school district or state institution | 5990 |
of higher learning, a public or special district, or any other | 5991 |
public employer. | 5992 |
(3) "Employee" includes only an employee who is a resident of | 5993 |
or is employed in this state. | 5994 |
Sec. 3599.111. (A) As used in this section, "registering a | 5995 |
voter" or "registering voters" includes any effort, for | 5996 |
compensation, to provide voter registration forms or to assist | 5997 |
persons in completing those forms or returning them to the board | 5998 |
of elections, the office of the secretary of state, or other | 5999 |
appropriate public office. | 6000 |
(B) No person shall receive compensation on a fee per | 6001 |
signature or fee per volume basis for circulating any declaration | 6002 |
of candidacy, nominating petition, declaration of intent to be a | 6003 |
write-in candidate, initiative petition, referendum petition, | 6004 |
recall petition, or any other election-related petition that is | 6005 |
filed with or transmitted to a board of elections, the office of | 6006 |
the secretary of state, or other appropriate public office. | 6007 |
(C) No person shall receive compensation on a fee per | 6008 |
registration or fee per volume basis for registering a voter. | 6009 |
(D) Compensation for collecting signatures on | 6010 |
election-related petitions and for registering voters shall be | 6011 |
paid solely on the basis of time worked. | 6012 |
(E)(1) Whoever violates division (B) or (C) of this section | 6013 |
is guilty of election falsification under section 3599.36 of the | 6014 |
Revised Code. | 6015 |
(2) Whoever violates division (D) of this section is guilty | 6016 |
of a felony of the fifth degree. | 6017 |
Section 2. That existing sections 102.03, 2921.01, 2921.43, | 6018 |
3501.38, 3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, | 6019 |
3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, | 6020 |
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, | 6021 |
3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20, | 6022 |
3517.23, 3517.992, and 3599.031 and section Sec. 3599.03. of the Revised | 6023 |
Code are hereby repealed. | 6024 |
Section 3. (A) Except as otherwise provided in division (B) | 6025 |
of this section, no person intending to make a disbursement or | 6026 |
disbursements for the direct costs of producing or airing | 6027 |
electioneering communications under this act shall make those | 6028 |
disbursements using any contributions that the person received | 6029 |
before the effective date of this act. | 6030 |
(B) Any person intending to make a disbursement or | 6031 |
disbursements for the direct costs of producing or airing | 6032 |
electioneering communications under this act who wishes to make | 6033 |
those disbursements using contributions that the person received | 6034 |
before the effective date of this act shall, in the first | 6035 |
disclosure of electioneering communications statement that the | 6036 |
person is required to file, report the contributor information | 6037 |
specified in division (D)(1)(e) or (f) of section 3517.1011 of the | 6038 |
Revised Code for each contribution that was received before the | 6039 |
effective date of this act and that the person uses to make a | 6040 |
disbursement that is included in that statement. | 6041 |
(C) As used in this section, "contribution," "electioneering | 6042 |
communication," and "person" have the same meanings as in section | 6043 |
3517.1011 of the Revised Code. | 6044 |
Section 4. (A) A county political party that has a state | 6045 |
candidate fund, established under division (D)(3)(c) of section | 6046 |
3517.10 of the Revised Code as it existed prior to the effective | 6047 |
date of this act, in existence on that effective date shall, not | 6048 |
later than 4 p.m. on that effective date, disburse any moneys in | 6049 |
the fund in accordance with the versions of sections 3517.08 to | 6050 |
3517.13 of the Revised Code that were in effect prior to that | 6051 |
effective date. Any state candidate fund of a county political | 6052 |
party in existence on the effective date of this act shall be | 6053 |
abolished not later than 4 p.m. on that effective date. | 6054 |
(B) No county political party that establishes a state | 6055 |
candidate fund under division (D)(3)(c) of section 3517.10 of the | 6056 |
Revised Code as amended by this act shall transfer into that fund | 6057 |
any moneys that were in a state candidate fund of a county | 6058 |
political party established under that section as it existed prior | 6059 |
to the effective date of this act. | 6060 |
Section 5. No moneys in any fund or account of a political | 6061 |
party that was not subject to disclosure under the version of | 6062 |
Chapter 3517. of the Revised Code that was in effect prior to the | 6063 |
effective date of this act shall be disbursed, transferred into | 6064 |
another fund or account of the political party, or otherwise used | 6065 |
by that political party on or after the effective date of this act | 6066 |
unless the contributors of those moneys are disclosed prior to | 6067 |
that effective date in accordance with section 3517.10 of the | 6068 |
Revised Code. | 6069 |
Section 6. Section 3513.10 of the Revised Code is presented | 6070 |
in this act as a composite of the section as amended by both Am. | 6071 |
Sub. H.B. 117 and Am. Sub. S.B. 9 of the 121st General Assembly. | 6072 |
The General Assembly, applying the principle stated in division | 6073 |
(B) of section 1.52 of the Revised Code that amendments are to be | 6074 |
harmonized if reasonably capable of simultaneous operation, finds | 6075 |
that the composite is the resulting version of the section in | 6076 |
effect prior to the effective date of the section as presented in | 6077 |
this act. | 6078 |
Section 7. Notwithstanding section 1.50 of the Revised Code, | 6079 |
every provision of this act is so interconnected with every other | 6080 |
provision and the general scope of the entire act that if any | 6081 |
provision of this act or the application thereof to any person or | 6082 |
circumstance is held invalid, the entire act shall be invalid. | 6083 |