As Reported by the House County and Township Government Committee

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 204


REPRESENTATIVES Wolpert, Gilb, Seitz, McGregor, Collier, Barrett, Allen, Kearns, Seaver, Chandler, Daniels, Cirelli, Domenick, C. Evans, Fessler, Flowers, Olman, Schlichter, Sferra, Skindell, Wagner, Walcher



A BILL
To amend sections 1.59, 9.08, 9.314, 101.691, 1
125.072, 149.38, 149.432, 307.12, 341.42, 505.10, 2
718.07, 721.15, 753.32, 955.013, 1306.16, 2307.64, 3
3517.10, 3517.106, 3517.11, 5145.31, and 5703.49 4
and to enact sections 117.111, 304.01, 304.02, 5
304.03, and 304.04 of the Revised Code to provide 6
for the use of electronic records and signatures 7
by county offices if specified security procedures 8
are adopted, to require the Auditor of State to 9
audit electronic record security procedures 10
adopted by county offices, to create a single 11
definition of the "internet" to be used throughout 12
the Revised Code, and to provide notice to county 13
historical societies and other local entities that 14
county records are being sent to the Ohio 15
Historical Society for potential distribution.16


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1.59, 9.08, 9.314, 101.691, 125.072, 17
149.38, 149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32, 18
955.013, 1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 5145.31, 19
and 5703.49 be amended and section 117.111, 304.01, 304.02, 20
304.03, and 304.04 of the Revised Code be enacted to read as 21
follows:22

       Sec. 1.59.  As used in any statute, unless another definition23
is provided in suchthat statute or a related statute:24

       (A) "Child" includes child by adoption.25

       (B) "Oath" includes affirmation, and "swear" includes affirm.26

       (C) "Person" includes an individual, corporation, business27
trust, estate, trust, partnership, and association.28

       (D) "Population" means that shown by the most recent regular29
federal census.30

       (E) "Property" means real and personal property.31

       (F) "Rule" includes regulation.32

       (G) "State," when applied to a part of the United States,33
includes any state, district, commonwealth, territory, insular34
possession thereof, and any area subject to the legislative35
authority of the United States of America. "This state" or "the36
state" means the state of Ohio.37

       (H) "United States" includes all the states.38

       (I) "Will" includes codicil.39

       (J) "Written" or "in writing" includes any representation of40
words, letters, symbols, or figures; this provision does not41
affect any law relating to signatures.42

       (K) "Internet" means the international computer network of43
both federal and nonfederal interoperable packet switched data44
networks, including the graphical subnetwork known as the world45
wide web.46

       Sec. 9.08.  (A) As used in this section:47

       (1) "Computer," "computer network," "computer system,"48
"computer services," "telecommunications service," and49
"information service" have the same meanings as in section 2913.0150
of the Revised Code.51

       (2) "Contractor" means either of the following:52

       (a) A person who enters into a contract under section 9.06 of 53
the Revised Code.54

       (b) A person who enters into a contract under section 9.07 of 55
the Revised Code to operate and manage a correctional facility in 56
this state for out-of-state prisoners.57

       (3) "Private correctional facility" means a correctional58
facility that is operated by a contractor under a contract59
pursuant to section 9.06 or 9.07 of the Revised Code.60

       (4) "Internet" has the same meaning as in section 341.42 of61
the Revised Code.62

       (B) No officer or employee of a contractor who is operating63
and managing a private correctional facility shall provide a64
prisoner in the private correctional facility access to or permit65
a prisoner in the private correctional facility to have access to66
the internet through the use of a computer, computer network,67
computer system, computer services, telecommunications service, or68
information service unless both of the following apply:69

       (1) The prisoner is participating in an approved educational70
program with direct supervision that requires the use of the71
internet for training or research purposes.72

       (2) The provision of and access to the internet is in73
accordance with rules promulgated by the department of74
rehabilitation and correction pursuant to section 5120.62 of the75
Revised Code.76

       (C)(1) No prisoner in a private correctional facility shall77
access the internet through the use of a computer, computer78
network, computer system, computer services, telecommunications79
service, or information service unless both of the following80
apply:81

       (a) The prisoner is participating in an approved educational82
program with direct supervision that requires the use of the83
internet for training or research purposes.84

       (b) The provision of and access to the internet is in85
accordance with rules promulgated by the department of86
rehabilitation and correction pursuant to section 5120.62 of the87
Revised Code.88

       (2) Whoever violates division (C)(1) of this section is89
guilty of improper internet access, a misdemeanor of the first90
degree.91

       Sec. 9.314.  (A) As used in this section:92

       (1) "Contracting authority" has the same meaning as in93
section 307.92 of the Revised Code.94

       (2) "Internet" means the international computer network of95
both federal and nonfederal interoperable packet switched data96
networks, including the graphical subnetwork called the world wide97
web.98

       (3) "Political subdivision" means a municipal corporation,99
township, county, school district, or other body corporate and100
politic responsible for governmental activities only in geographic101
areas smaller than that of the state and also includes a102
contracting authority.103

       (4)(3) "Reverse auction" means a purchasing process in which104
offerors submit proposals in competing to sell services or105
supplies in an open environment via the internet.106

       (5)(4) "Services" means the furnishing of labor, time, or107
effort by a person, not involving the delivery of a specific end108
product other than a report which, if provided, is merely109
incidental to the required performance. "Services" does not110
include services furnished pursuant to employment agreements or111
collective bargaining agreements.112

       (6)(5) "Supplies" means all property, including, but not113
limited to, equipment, materials, other tangible assets, and114
insurance, but excluding real property or interests in real115
property.116

       (B) Whenever any political subdivision that is required by117
law to purchase services or supplies by competitive sealed bidding118
or competitive sealed proposals determines that the use of a119
reverse auction is advantageous to the political subdivision, the120
political subdivision, in accordance with this section and rules121
the political subdivision shall adopt, may purchase services or122
supplies by reverse auction.123

       (C) A political subdivision shall solicit proposals through a 124
request for proposals. The request for proposals shall state the125
relative importance of price and other evaluation factors. The 126
political subdivision shall give notice of the request for127
proposals in accordance with the rules it adopts.128

       (D) As provided in the request for proposals and in the rules 129
a political subdivision adopts, and to ensure full understanding 130
of and responsiveness to solicitation requirements, the political 131
subdivision may conduct discussions with responsible offerors who 132
submit proposals determined to be reasonably susceptible of being 133
selected for award. The political subdivision shall accord 134
offerors fair and equal treatment with respect to any opportunity 135
for discussion regarding any clarification, correction, or 136
revision of their proposals.137

       (E) A political subdivision may award a contract to the138
offeror whose proposal the political subdivision determines to be139
the most advantageous to the political subdivision, taking into140
consideration factors such as price and the evaluation criteria141
set forth in the request for proposals. The contract file shall142
contain the basis on which the award is made.143

       (F) The rules that a political subdivision adopts under this144
section may require the provision of a performance bond, or145
another similar form of financial security, in the amount and in146
the form specified in the rules.147

       Sec. 101.691. (A) Either house of the general assembly or any148
legislative agency may dispose of any excess or surplus supplies149
that it possesses by sale, lease, donation, or other transfer,150
including, but not limited to, sale by public auction over the151
internet, as defined in section 341.42 of the Revised Code.152
Nothing in this division prohibits either house of the general153
assembly or a legislative agency from having the director of154
administrative services dispose of excess or surplus supplies of155
that house under sections 125.12 to 125.14 of the Revised Code.156

       (B) Any proceeds from sales, leases, or other transfers made157
under division (A) of this section shall be deposited in the house158
of representatives reimbursement special revenue fund, the senate159
reimbursement special revenue fund, or a legislative agency160
special revenue fund identified by the director of the agency, as161
appropriate.162

       Sec. 117.111. (A) If a county office uses electronic records163
and electronic signatures under Chapter 1306. of the Revised Code,164
the auditor of state, in conducting an audit of that office under165
division (A) or (B) of section 117.11 of the Revised Code, shall166
inquire into the method, accuracy, and effectiveness of any167
security procedure adopted by that office under section 304.02 of168
the Revised Code.169

        (B) As used in this section, "county office," "electronic,"170
"electronic record," and "electronic signature" have the same171
meanings as in section 304.01 of the Revised Code. 172

       Sec. 125.072.  (A) As used in this section:173

       (1) "Internet" means the international computer network of174
both federal and nonfederal interoperable packet switched data175
networks, including the graphical subnetwork called the world wide176
web.177

       (2) "Reverse, "reverse auction" means a purchasing process in 178
which offerors submit bids in competing to sell services or179
supplies in an open environment via the internet.180

       (B) Whenever the director of administrative services181
determines that the use of a reverse auction is advantageous to182
the state, the director, in accordance with rules the director183
shall adopt, may purchase services or supplies by reverse auction.184

       (C) The director, by rule, may authorize a state agency that185
is authorized to purchase services or supplies directly to186
purchase them by reverse auction in the same manner as this187
section and the rules adopted under this section authorize the188
director to do so.189

       Sec. 149.38.  (A) There is hereby created in each county a190
county records commission, composed of the president of the board191
of county commissioners as chairmanchairperson, the prosecuting192
attorney, the auditor, the recorder, and the clerk of the court of 193
common pleas. The commission shall appoint a secretary, who may or 194
may not be a member of the commission and who shall serve at the195
pleasure of the commission. The commission may employ an archivist 196
to serve under its direction. The commission shall meet at least 197
once every six months, and upon call of the chairmanchairperson.198

       (B) The functions of the county records commission shall be 199
to provide rules for retention and disposal of records of the 200
county and to review applications for one-time records disposal 201
and schedules of records retention and disposal submitted by 202
county offices. Records may be disposed of by the commission 203
pursuant to the procedure outlined in this section. The commission 204
may, at any time, may review any schedule it has previously 205
approved, and, for good cause shown, may revise that schedule, 206
subject to division (D) of this section.207

       (C) When the county records commission has approved county 208
records have been approved for disposal, a copy of such recordsa209
list of those records shall be sent to the auditor of state. If he210
the auditor of state disapproves the action by the county211
commission in whole or in part, hethe auditor of state shall so 212
inform the commission within a period of sixty days, and these213
those records shall not be destroyed. Before public records are to 214
be disposed of, the commission shall inform the Ohio historical 215
society shall be informed and givengive the society the 216
opportunity for a period of sixty days to select for its custody 217
such records as it considers to be of continuing historical value. 218
When the Ohio historical society is so informed that public 219
records are to be disposed of, the county records commission also 220
shall notify the county historical society, and any public or 221
quasi-public institutions, agencies, or corporations in the county 222
that have provided the commission with their name and address for 223
these notification purposes, that the Ohio historical society has 224
been so informed and may select records of continuing historical 225
value, including records that may be distributed to any of the 226
notified entities under section 149.31 of the Revised Code.227

       (D) The rules of the county records commission shall include 228
a rule that requires any receipts, checks, vouchers, or other 229
similar records pertaining to expenditures from the delinquent tax 230
and assessment collection fund created in section 321.261 of the 231
Revised Code, from the real estate assessment fund created in 232
section 325.31 of the Revised Code, or from amounts allocated for 233
the furtherance of justice to the county sheriff under section 234
325.071 of the Revised Code or to the prosecuting attorney under 235
section 325.12 of the Revised Code to be retained for at least 236
four years.237

       (E) No person shall knowingly violate the rule adopted under 238
division (D) of this section. Whoever violates that rule is guilty 239
of a misdemeanor of the first degree.240

       Sec. 149.432.  (A) As used in this section:241

       (1) "Library" means a library that is open to the public,242
including any of the following:243

       (a) A library that is maintained and regulated under section244
715.13 of the Revised Code;245

       (b) A library that is created, maintained, and regulated246
under Chapter 3375. of the Revised Code;247

       (c) A library that is created and maintained by a public or248
private school, college, university, or other educational249
institution;250

       (d) A library that is created and maintained by a historical251
or charitable organization, institution, association, or society.252

       "Library" includes the members of the governing body and the253
employees of a library.254

       (2) "Library record" means a record in any form that is255
maintained by a library and that contains any of the following256
types of information:257

       (a) Information that the library requires an individual to258
provide in order to be eligible to use library services or borrow259
materials;260

       (b) Information that identifies an individual as having261
requested or obtained specific materials or materials on a262
particular subject;263

       (c) Information that is provided by an individual to assist a264
library staff member to answer a specific question or provide265
information on a particular subject.266

       "Library record" does not include information that does not267
identify any individual and that is retained for the purpose of268
studying or evaluating the use of a library and its materials and269
services.270

       (3) Subject to division (B)(5) of this section, "patron271
information" means personally identifiable information about an272
individual who has used any library service or borrowed any273
library materials.274

       (4) "Internet" has the same meaning as in section 3517.106 of 275
the Revised Code.276

       (B) A library shall not release any library record or277
disclose any patron information except in the following278
situations:279

       (1) If a library record or patron information pertaining to a 280
minor child is requested from a library by the minor child's281
parent, guardian, or custodian, the library shall make that record282
or information available to the parent, guardian, or custodian in283
accordance with division (B) of section 149.43 of the Revised284
Code.285

       (2) Library records or patron information shall be released286
in the following situations:287

       (a) In accordance with a subpoena, search warrant, or other288
court order;289

       (b) To a law enforcement officer who is acting in the scope290
of the officer's law enforcement duties and who is investigating a291
matter involving public safety in exigent circumstances.292

       (3) A library record or patron information shall be released293
upon the request or with the consent of the individual who is the294
subject of the record or information.295

       (4) Library records may be released for administrative296
library purposes, including establishment or maintenance of a297
system to manage the library records or to assist in the transfer298
of library records from one records management system to another,299
compilation of statistical data on library use, and collection of300
fines and penalties.301

       (5) A library may release under division (B) of section302
149.43 of the Revised Code records that document improper use of303
the internet at the library so long as any patron information is304
removed from those records. As used in division (B)(5) of this305
section, "patron information" does not include information about306
the age or gender of an individual.307

       Sec. 304.01. As used in this chapter:308

        (A) "Agreement" means the bargain of the parties in fact, as309
found in their language or inferred from other circumstances and310
from rules, regulations, and procedures given the effect of311
agreements under laws otherwise applicable to a particular312
transaction.313

        (B) "County office" means any officer, department, board,314
commission, agency, court, or other instrumentality of a county.315

       (C) "Electronic" means relating to technology having316
electrical, digital, magnetic, wireless, optical, electromagnetic,317
or similar capabilities.318

        (D) "Electronic record" means a record created, generated,319
sent, communicated, received, or stored by electronic means.320

        (E) "Electronic signature" means an electronic sound, symbol, 321
or process attached to or logically associated with a record and 322
executed or adopted by a person with the intent to sign the 323
record.324

        (F) "Information" means data, text, images, sounds, codes,325
computer programs, software, databases, or the like.326

        (G) "Person" means an individual, corporation, business327
trust, estate, trust, partnership, limited liability company,328
association, joint venture, governmental agency, public329
corporation, or other legal or commercial entity. 330

       (H) "Record" means information that is inscribed on a331
tangible medium or that is stored in an electronic or other medium332
and is retrievable in perceivable form.333

       (I) "Transaction" means an action or set of actions occurring334
between two or more persons relating to the conduct of business,335
commercial, or governmental affairs. 336

       Sec. 304.02. Prior to the use of electronic records and337
electronic signatures by a county office under Chapter 1306. of338
the Revised Code, and except as otherwise provided in section339
955.013 of the Revised Code, a county office shall adopt, in340
writing, a security procedure for the purpose of verifying that an341
electronic signature, record, or performance is that of a specific342
person or for detecting changes or errors in the information in an343
electronic record. A security procedure includes, but is not344
limited to, a procedure that requires the use of algorithms or345
other codes, identifying words or numbers, encryption, or callback346
or other acknowledgment procedures. 347

       Sec. 304.03. (A) Whenever any rule or law requires or 348
authorizes the filing of any information, notice, lien, or other 349
document or record with any county office, a filing made by an 350
electronic record shall have the same force and effect as a filing 351
made on paper in all cases where the county office has authorized 352
or agreed to the electronic filing and the filing is made in353
accordance with applicable rules or an applicable agreement.354

       (B) Nothing in this section authorizes or shall be construed 355
to authorize the use of a financial transaction device in an 356
electronic transaction for the acceptance of payments for county 357
expenses, except pursuant to section 301.28 or 955.013 of the 358
Revised Code.359

       (C) As used in this section, "financial transaction device" 360
and "county expenses" have the same meanings as in section 301.28 361
of the Revised Code.362

       Sec. 304.04. Nothing in this chapter or Chapter 1306. of the363
Revised Code requires or shall be construed to require any county364
office to use or permit the use of electronic records and365
electronic signatures.366

       Sec. 307.12.  (A) Except as otherwise provided in divisions367
(B), (C), and (E) of this section, when the board of county368
commissioners finds, by resolution, that the county has personal369
property, including motor vehicles acquired for the use of county370
officers and departments, and road machinery, equipment, tools, or371
supplies, which is not needed for public use, or is obsolete or372
unfit for the use for which it was acquired, and when the fair373
market value of the property to be sold under this division is, in374
the opinion of the board, in excess of two thousand five hundred375
dollars, the board may do either of the following:376

       (1) Sell the property at public auction or by sealed bid to377
the highest bidder. Notice of the time, place, and manner of the378
sale shall be published in a newspaper of general circulation in379
the county at least ten days prior to the sale, and a typewritten380
or printed notice of the time, place, and manner of the sale shall381
be posted at least ten days before the sale in the offices of the382
county auditor and the board of county commissioners.383

       If a board conducts a sale of property by sealed bid, the384
form of the bid shall be as prescribed by the board, and each bid385
shall contain the name of the person submitting it. Bids received386
shall be opened and tabulated at the time stated in the notice.387
The property shall be sold to the highest bidder, except that the388
board may reject all bids and hold another sale, by public auction389
or sealed bid, in the manner prescribed by this section.390

       (2) Donate any motor vehicle that does not exceed four391
thousand five hundred dollars in value to a nonprofit organization392
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)393
and (c)(3) for the purpose of meeting the transportation needs of394
participants in the Ohio works first program established under395
Chapter 5107. of the Revised Code and participants in the396
prevention, retention, and contingency program established under397
Chapter 5108. of the Revised Code.398

       (B) When the board of county commissioners finds, by399
resolution, that the county has personal property, including motor400
vehicles acquired for the use of county officers and departments,401
and road machinery, equipment, tools, or supplies, which is not402
needed for public use, or is obsolete or unfit for the use for403
which it was acquired, and when the fair market value of the404
property to be sold under this division is, in the opinion of the405
board, two thousand five hundred dollars or less, the board may406
sell the property by private sale, without advertisement or public407
notification.408

       Notwithstanding anything to the contrary in division (A) or409
(C) of this section and regardless of the property's value, the410
board may sell or donate county personal property, including motor411
vehicles, to the federal government, the state, or any political412
subdivision of the state without advertisement or public413
notification.414

       (C) Notwithstanding anything to the contrary in division (A),415
(B), or (E) of this section and regardless of the property's416
value, the board of county commissioners may sell personal417
property, including motor vehicles acquired for the use of county418
officers and departments, and road machinery, equipment, tools, or419
supplies, which is not needed for public use, or is obsolete or420
unfit for the use for which it was acquired, by internet auction.421
The board shall adopt, during each calendar year, a resolution422
expressing its intent to sell that property by internet auction.423
The resolution shall include a description of how the auctions424
will be conducted and shall specify the number of days for bidding425
on the property, which shall be no less than fifteen days,426
including Saturdays, Sundays, and legal holidays. The resolution427
shall indicate whether the county will conduct the auction or the428
board will contract with a representative to conduct the auction429
and shall establish the general terms and conditions of sale. If a 430
representative is known when the resolution is adopted, the431
resolution shall provide contact information such as the432
representative's name, address, and telephone number.433

       After adoption of the resolution, the board shall publish, in434
a newspaper of general circulation in the county, notice of its435
intent to sell unneeded, obsolete, or unfit county personal436
property by internet auction. The notice shall include a summary437
of the information provided in the resolution and shall be438
published at least twice. The second and any subsequent notice439
shall be published not less than ten nor more than twenty days440
after the previous notice. A similar notice also shall be posted441
continually throughout the calendar year in a conspicuous place in442
the offices of the county auditor and the board of county443
commissioners, and, if the county maintains a website on the444
internet, the notice shall be posted continually throughout the445
calendar year at that website.446

       When property is to be sold by internet auction, the board or447
its representative may establish a minimum price that will be448
accepted for specific items and may establish any other terms and449
conditions for the particular sale, including requirements for450
pick-up or delivery, method of payment, and sales tax. This type451
of information shall be provided on the internet at the time of452
the auction and may be provided before that time upon request453
after the terms and conditions have been determined by the board454
or its representative.455

       (D) When a county officer or department head determines that456
county-owned personal property under the jurisdiction of the457
officer or department head, including motor vehicles, road458
machinery, equipment, tools, or supplies, is not of immediate459
need, the county officer or department head may notify the board460
of county commissioners, and the board may lease that personal461
property to any municipal corporation, township, or other462
political subdivision of the state. The lease shall require the463
county to be reimbursed under terms, conditions, and fees464
established by the board, or under contracts executed by the465
board.466

       (E) If the board of county commissioners finds, by467
resolution, that the county has vehicles, equipment, or machinery468
which is not needed, or is unfit for public use, and the board469
desires to sell the vehicles, equipment, or machinery to the470
person or firm from which it proposes to purchase other vehicles,471
equipment, or machinery, the board may offer to sell the vehicles,472
equipment, or machinery to that person or firm, and to have the473
selling price credited to the person or firm against the purchase474
price of other vehicles, equipment, or machinery.475

       (F) If the board of county commissioners advertises for bids476
for the sale of new vehicles, equipment, or machinery to the477
county, it may include in the same advertisement a notice of the478
willingness of the board to accept bids for the purchase of479
county-owned vehicles, equipment, or machinery which is obsolete480
or not needed for public use, and to have the amount of those bids 481
subtracted from the selling price of the other vehicles,482
equipment, or machinery as a means of determining the lowest483
responsible bidder.484

       (G) If a board of county commissioners determines that county 485
personal property is not needed for public use, or is obsolete or 486
unfit for the use for which it was acquired, and that the property 487
has no value, the board may discard or salvage that property.488

       (H) As used in this section, "internet" means the489
international computer network of both federal and nonfederal490
interoperable packet switched data networks, including the491
graphical subnetwork called the world wide web.492

       Sec. 341.42.  (A) As used in this section:493

       (1) "County correctional officer" has the same meaning as in494
section 341.41 of the Revised Code.495

       (2) "Computer," "computer network," "computer system,"496
"computer services," "telecommunications service," and497
"information service" have the same meanings as in section 2913.01498
of the Revised Code.499

       (3) "Internet" means the international computer network of500
both federal and nonfederal interoperable packet switched data501
networks, including the graphical subnetwork called the world wide502
web.503

       (4) "County correctional facility" means a county jail,504
county workhouse, minimum security jail, joint city and county505
workhouse, municipal-county correctional center,506
multicounty-municipal correctional center, municipal-county jail507
or workhouse, or multicounty-municipal jail or workhouse.508

       (B) No county correctional officer shall provide a prisoner509
access to or permit a prisoner to have access to the internet510
through the use of a computer, computer network, computer system,511
computer services, telecommunications service, or information512
service unless both of the following apply:513

       (1) The prisoner is participating in an approved educational514
program with direct supervision that requires the use of the515
internet for training or research purposes.516

       (2) The provision of and access to the internet is in517
accordance with rules promulgated by the department of518
rehabilitation and correction pursuant to section 5120.62 of the519
Revised Code.520

       (C)(1) No prisoner in a county correctional facility under521
the control of a county shall access the internet through the use522
of a computer, computer network, computer system, computer523
services, telecommunications service, or information service524
unless both of the following apply:525

       (a) The prisoner is participating in an approved educational526
program with direct supervision that requires the use of the527
internet for training or research purposes.528

       (b) The provision of and access to the internet is in529
accordance with rules promulgated by the department of530
rehabilitation and correction pursuant to section 5120.62 of the531
Revised Code.532

       (2) Whoever violates division (C)(1) of this section is533
guilty of improper internet access, a misdemeanor of the first534
degree.535

       Sec. 505.10.  The board of township trustees may accept, on536
behalf of the township, the donation by bequest, devise, deed of537
gift, or otherwise, of any real or personal property for any538
township use. When the township has property, including motor539
vehicles, road machinery, equipment, and tools, which the board,540
by resolution, finds it does not need for public use, is obsolete, 541
or is unfit for the use for which it was acquired, the board may 542
sell and convey that property or otherwise dispose of it in 543
accordance with this section. Except as otherwise provided in544
sections 505.08, 505.101, and 505.102 of the Revised Code, the 545
sale or other disposition of unneeded, obsolete, or unfit property 546
shall be made in accordance with one of the following:547

       (A)(1) If the fair market value of property to be sold is, in 548
the opinion of the board, in excess of two thousand five hundred549
dollars, the sale shall be by public auction, and the board shall 550
publish notice of the time, place, and manner of the sale once a 551
week for three weeks in a newspaper published, or of general 552
circulation, in the township, the last of those publications to be 553
at least five days before the date of sale, and shall post a 554
typewritten or printed notice of the time, place, and manner of 555
the sale in the office of the board for at least ten days prior to 556
the sale.557

       (2) If the fair market value of property to be sold is, in558
the opinion of the board, two thousand five hundred dollars or559
less, the board may sell the property by private sale, without560
advertisement or public notification.561

       (3) If the board finds, by resolution, that the township has562
motor vehicles, road machinery, equipment, or tools which are not563
needed or are unfit for public use, and the board wishes to sell 564
the motor vehicles, road machinery, equipment, or tools to the565
person or firm from which it proposes to purchase other motor566
vehicles, road machinery, equipment, or tools, the board may offer567
to sell the motor vehicles, road machinery, equipment, or tools to 568
that person or firm, and to have the selling price credited to the 569
person or firm against the purchase price of other motor vehicles, 570
road machinery, equipment, or tools.571

       (4) If the board advertises for bids for the sale of new572
motor vehicles, road machinery, equipment, or tools to the573
township, it may include in the same advertisement a notice of the574
willingness of the board to accept bids for the purchase of575
township-owned motor vehicles, road machinery, equipment, or tools576
which are obsolete or not needed for public use, and to have the577
amount of those bids subtracted from the selling price of the new578
motor vehicles, road machinery, equipment, or tools, as a means of579
determining the lowest responsible bidder.580

       (5) When a township has title to real property, the board of581
township trustees, by resolution, may authorize the transfer and582
conveyance of that property to any other political subdivision of583
the state upon such terms as are agreed to between the board and584
the legislative authority of that political subdivision.585

       (6) When a township has title to real property and the board586
of township trustees wishes to sell or otherwise transfer the587
property, the board, upon a unanimous vote of its members and by588
resolution, may authorize the transfer and conveyance of that real589
property to any person upon whatever terms are agreed to between590
the board and that person.591

       (7) If the board of township trustees determines that592
township personal property is not needed for public use, or is593
obsolete or unfit for the use for which it was acquired, and that594
the property has no value, the board may discard or salvage that595
property.596

       (B) When the board has offered property at public auction597
under this section and has not received an acceptable offer, the598
board, by resolution, may enter into a contract, without599
advertising or bidding, for the sale of that property. The600
resolution shall specify a minimum acceptable price and the601
minimum acceptable terms for the contract. The minimum acceptable602
price shall not be lower than the minimum price established for603
the public auction.604

       (C) Notwithstanding anything to the contrary in division (A)605
or (B) of this section and regardless of the property's value, the606
board of township trustees may sell personal property, including607
motor vehicles, road machinery, equipment, tools, or supplies,608
which is not needed for public use, or is obsolete or unfit for609
the use for which it was acquired, by internet auction. The board610
shall adopt, during each calendar year, a resolution expressing611
its intent to sell that property by internet auction. The612
resolution shall include a description of how the auctions will be613
conducted and shall specify the number of days for bidding on the614
property, which shall be no less than fifteen days, including615
Saturdays, Sundays, and legal holidays. The resolution shall616
indicate whether the township will conduct the auction or the617
board will contract with a representative to conduct the auction618
and shall establish the general terms and conditions of sale. If a 619
representative is known when the resolution is adopted, the620
resolution shall provide contact information such as the621
representative's name, address, and telephone number.622

       After adoption of the resolution, the board shall publish, in623
a newspaper of general circulation in the township, notice of its624
intent to sell unneeded, obsolete, or unfit township personal625
property by internet auction. The notice shall include a summary626
of the information provided in the resolution and shall be627
published at least twice. The second and any subsequent notice628
shall be published not less than ten nor more than twenty days629
after the previous notice. A clerk also shall post a similar630
notice throughout the calendar year in a conspicuous place in the631
board's office, and, if the township maintains a website on the632
internet, the notice shall be posted continually throughout the633
calendar year at that website.634

       When property is to be sold by internet auction, the board or635
its representative may establish a minimum price that will be636
accepted for specific items and may establish any other terms and637
conditions for the particular sale, including requirements for638
pick-up or delivery, method of payment, and sales tax. This type639
of information shall be provided on the internet at the time of640
the auction and may be provided before that time upon request641
after the terms and conditions have been determined by the board642
or its representative.643

       As used in this section, "internet" means the international644
computer network of both federal and nonfederal interoperable645
packet switched data networks, including the graphical subnetwork646
called the world wide web.647

       Sec. 718.07.  As used in this section, "internet" means the648
international computer network of both federal and nonfederal649
interoperable packet switched data networks, including the650
graphical subnetwork known as the world wide web.651

       On and after January 1, 2002, each municipal corporation that652
imposes a tax on income shall make electronic versions of any653
rules or ordinances governing the tax available to the public654
through the internet, including, but not limited to, ordinances or655
rules governing the rate of tax; payment and withholding of taxes;656
filing any prescribed returns, reports, or other documents; dates657
for filing or paying taxes, including estimated taxes; penalties,658
interest, assessment, and other collection remedies; rights of659
taxpayers to appeal; and procedures for filing appeals. On and660
after that date, any municipal corporation that requires taxpayers661
to file income tax returns, reports, or other documents shall make662
blanks of such returns, reports, or documents, and any663
instructions pertaining thereto, available to the public664
electronically through the internet. Electronic versions of rules,665
ordinances, blanks, and instructions shall be made available666
either by posting them on the electronic site established by the667
tax commissioner under section 5703.49 of the Revised Code or by668
posting them on an electronic site established by the municipal669
corporation that is accessible through the internet. If a670
municipal corporation establishes such an electronic site, the671
municipal corporation shall incorporate an electronic link between672
that site and the site established pursuant to section 5703.49 of673
the Revised Code, and shall provide to the tax commissioner the674
uniform resource locator of the site established pursuant to this675
division.676

       Sec. 721.15.  (A) Personal property not needed for municipal677
purposes, the estimated value of which is less than one thousand678
dollars, may be sold by the board or officer having supervision or679
management of that property. If the estimated value of that680
property is one thousand dollars or more, it shall be sold only681
when authorized by an ordinance of the legislative authority of682
the municipal corporation and approved by the board, officer, or683
director having supervision or management of that property. When684
so authorized, the board, officer, or director shall make a685
written contract with the highest and best bidder after686
advertisement for not less than two or more than four consecutive687
weeks in a newspaper of general circulation within the municipal688
corporation, or with a board of county commissioners upon such689
lawful terms as are agreed upon, as provided by section 721.27 of690
the Revised Code.691

       (B) When the legislative authority finds, by resolution, that 692
the municipal corporation has vehicles, equipment, or machinery 693
which is obsolete, or is not needed or is unfit for public use, 694
that the municipal corporation has need of other vehicles, 695
equipment, or machinery of the same type, and that it will be in 696
the best interest of the municipal corporation that the sale of 697
obsolete, unneeded, or unfit vehicles, equipment, or machinery be 698
made simultaneously with the purchase of the new vehicles,699
equipment, or machinery of the same type, the legislative700
authority may offer to sell, or authorize a board, officer, or701
director of the municipal corporation having supervision or702
management of the property to offer to sell, those vehicles,703
equipment, or machinery and to have the selling price credited 704
against the purchase price of other vehicles, equipment, or 705
machinery and to consummate the sale and purchase by a single 706
contract with the lowest and best bidder to be determined by 707
subtracting from the selling price of the vehicles, equipment, or 708
machinery to be purchased by the municipal corporation the 709
purchase price offered for the municipally-owned vehicles, 710
equipment, or machinery. When the legislative authority or the 711
authorized board, officer, or director of a municipal corporation 712
advertises for bids for the sale of new vehicles, equipment, or 713
machinery to the municipal corporation, they may include in the 714
same advertisement a notice of willingness to accept bids for the715
purchase of municipally-owned vehicles, equipment, or machinery716
which is obsolete, or is not needed or is unfit for public use, 717
and to have the amount of those bids subtracted from the selling 718
price as a means of determining the lowest and best bidder.719

       (C) If the legislative authority of the municipal corporation 720
determines that municipal personal property is not needed for 721
public use, or is obsolete or unfit for the use for which it was 722
acquired, and that the property has no value, the legislative 723
authority may discard or salvage that property.724

       (D) Notwithstanding anything to the contrary in division (A)725
or (B) of this section and regardless of the property's value, the726
legislative authority of a municipal corporation may sell personal727
property, including motor vehicles acquired for the use of728
municipal officers and departments, and road machinery, equipment,729
tools, or supplies, which is not needed for public use, or is730
obsolete or unfit for the use for which it was acquired, by731
internet auction. The legislative authority shall adopt, during732
each calendar year, a resolution expressing its intent to sell733
that property by internet auction. The resolution shall include a734
description of how the auctions will be conducted and shall735
specify the number of days for bidding on the property, which736
shall be no less than fifteen days, including Saturdays, Sundays,737
and legal holidays. The resolution shall indicate whether the738
municipal corporation will conduct the auction or the legislative739
authority will contract with a representative to conduct the740
auction and shall establish the general terms and conditions of741
sale. If a representative is known when the resolution is adopted, 742
the resolution shall provide contact information such as the 743
representative's name, address, and telephone number.744

       After adoption of the resolution, the legislative authority745
shall publish, in a newspaper of general circulation in the746
municipal corporation, notice of its intent to sell unneeded,747
obsolete, or unfit municipal personal property by internet748
auction. The notice shall include a summary of the information749
provided in the resolution and shall be published at least twice.750
The second and any subsequent notice shall be published not less751
than ten nor more than twenty days after the previous notice. A752
similar notice also shall be posted continually throughout the753
calendar year in a conspicuous place in the offices of the village754
clerk or city auditor, and the legislative authority, and, if the755
municipal corporation maintains a website on the internet, the756
notice shall be posted continually throughout the calendar year at757
that website.758

       When the property is to be sold by internet auction, the759
legislative authority or its representative may establish a760
minimum price that will be accepted for specific items and may761
establish any other terms and conditions for the particular sale,762
including requirements for pick-up or delivery, method of payment,763
and sales tax. This type of information shall be provided on the764
internet at the time of the auction and may be provided before765
that time upon request after the terms and conditions have been766
determined by the legislative authority or its representative.767

       As used in this section, "internet" means the international768
computer network of both federal and nonfederal interoperable769
packet switched data networks, including the graphical subnetwork770
called the world wide web.771

       Sec. 753.32.  (A) As used in this section:772

       (1) "Municipal correctional officer" has the same meaning as773
in section 753.31 of the Revised Code.774

       (2) "Computer," "computer network," "computer system,"775
"computer services," "telecommunications service," and776
"information service" have the same meanings as in section 2913.01777
of the Revised Code.778

       (3) "Internet" has the same meaning as in section 341.42 of779
the Revised Code.780

       (4) "Municipal correctional facility" means a municipal jail,781
municipal workhouse, minimum security jail, joint city and county 782
workhouse, municipal-county correctional center,783
multicounty-municipal correctional center, municipal-county jail784
or workhouse, or multicounty-municipal jail or workhouse.785

       (B) No municipal correctional officer shall provide a786
prisoner access to or permit a prisoner to have access to the787
internet through the use of a computer, computer network, computer788
system, computer services, telecommunications service, or789
information service unless both of the following apply:790

       (1) The prisoner is participating in an approved educational791
program with direct supervision that requires the use of the792
internet for training or research purposes.793

       (2) The provision of and access to the internet is in794
accordance with rules promulgated by the department of795
rehabilitation and correction pursuant to section 5120.62 of the796
Revised Code.797

       (C)(1) No prisoner in a municipal correctional facility under798
the control of a municipal corporation shall access the internet 799
through the use of a computer, computer network, computer system, 800
computer services, telecommunications service, or information 801
service unless both of the following apply:802

       (a) The prisoner is participating in an approved educational803
program with direct supervision that requires the use of the804
internet for training or research purposes.805

       (b) The provision of and access to the internet is in806
accordance with rules promulgated by the department of807
rehabilitation and correction pursuant to section 5120.62 of the808
Revised Code.809

       (2) Whoever violates division (C)(1) of this section is810
guilty of improper internet access, a misdemeanor of the first811
degree.812

       Sec. 955.013.  (A) As used in this section:813

       (1) "Financial, "financial transaction device" has the same814
meaning as in section 301.28 of the Revised Code.815

       (2) "Internet" means the international computer network of816
both federal and nonfederal interoperable packet switched data817
networks, including the graphical subnetwork called the world wide818
web.819

       (B) A county auditor may establish procedures and take820
actions that are necessary to allow for either or both of the821
following:822

       (1) The registration of dogs and kennels under this chapter823
via the internet;824

       (2) The payment of dog and kennel registration fees under825
this chapter by financial transaction devices, including payment826
by financial transaction devices via the internet.827

       Sec. 1306.16.  (A) A provision of a nonelectronic contract828
involving a consumer and to which a state agency or a county829
office is not a party that authorizes the conducting of a830
transaction or any part of a transaction by electronic means is831
unenforceable against the consumer, unless the consumer separately832
signs the provision.833

       (B) A consumer's agreement to conduct a transaction or a part 834
of a transaction electronically shall not be inferred solely from 835
the fact that the consumer has used electronic means to pay an 836
account or register a purchase or warranty.837

       (C) Divisions (A) and (B) of this section apply to every838
transaction described in those divisions notwithstanding any other839
provision of sections 1306.01 to 1306.23 of the Revised Codethis840
chapter. This section shall not be varied by agreement.841

       (D) For purposes of this section, both of the following842
apply:843

       (1) "Consumer" means an individual who is involved in a844
transaction primarily for personal, family, or household purposes.845

       (2) "State agency" means every organized body, office, or846
agency established by the laws of the state for the exercise of847
any function of state government.848

       (3) "County office" means any officer, department, board,849
commission, agency, court, or other instrumentality of a county.850

       Sec. 2307.64. (A) As used in this section:851

       (1) "Advertisement" has the same meaning as in section852
4931.55 of the Revised Code.853

       (2) "Computer," "computer network," "computer program,"854
"computer services," and "telecommunications device" have the same855
meanings as in section 2913.01 of the Revised Code.856

       (3) "Electronic mail" means an electronic message that is857
transmitted between two or more telecommunications devices or858
electronic devices capable of receiving electronic messages,859
whether or not the message is converted to hard copy format after860
receipt, and whether or not the message is viewed upon the861
transmission or stored for later retrieval. "Electronic mail"862
includes electronic messages that are transmitted through a local,863
regional, or global computer network.864

       (4) "Electronic mail advertisement" means electronic mail865
containing an advertisement.866

       (5) "Electronic mail service provider" means any person that867
is an intermediary in sending and receiving electronic mail and868
that provides to users of electronic mail services the ability to869
send or receive electronic mail. "Electronic mail service870
provider" includes an internet service provider.871

       (6) "Internet" has the same meaning as in section 341.42 of872
the Revised Code.873

       (7) "Originating address" means the string of characters used874
to specify the source of any electronic mail message.875

       (8)(7) "Person" has the same meaning as in section 1.59 of 876
the Revised Code, but when a person is not an individual, the 877
person responsible for transmitting or causing to be transmitted 878
an electronic mail advertisement is the particular division of the879
partnership, corporation, or other business entity actually880
responsible for the transmission of the electronic mail881
advertisement.882

       (9)(8) "Pre-existing business relationship" means that there 883
was a business transaction between the initiator and the recipient 884
of a commercial electronic mail message during the five-year 885
period preceding the receipt of that message. A pre-existing 886
business relationship includes a transaction involving the free 887
provision of information, goods, or services requested by the 888
recipient. A pre-existing business relationship does not exist 889
after a recipient requests to be removed from the distribution 890
lists of an initiator pursuant to division (B) of this section and 891
a reasonable amount of time has expired since that request.892

       (10)(9) "Receiving address" means the string of characters 893
used to specify a recipient with each receiving address creating a894
unique and separate recipient.895

       (11)(10) "Recipient" means a person who receives an896
electronic mail advertisement at any one of the following897
receiving addresses:898

       (a) A receiving address furnished by an electronic mail899
service provider that bills for furnishing and maintaining that900
receiving address to a mailing address within this state;901

       (b) A receiving address ordinarily accessed from a computer902
located within this state;903

       (c) A receiving address ordinarily accessed by a person904
domiciled within this state;905

       (d) Any other receiving address with respect to which the906
obligations imposed by this section can be imposed consistent with907
the United States Constitution.908

       (B)(1) Except as otherwise provided in division (B)(3) of909
this section, a person that transmits or causes to be transmitted910
to a recipient an electronic mail advertisement shall clearly and911
conspicuously provide to the recipient, within the body of the912
electronic mail advertisement, both of the following:913

       (a) The person's name and complete residence or business914
address and the electronic mail address of the person transmitting915
the electronic mail advertisement;916

       (b) A notice that the recipient may decline to receive from917
the person transmitting or causing to be transmitted the918
electronic mail advertisement any additional electronic mail919
advertisements and a detailed procedure for declining to receive920
any additional electronic mail advertisements at no cost. The921
notice shall be of the same size of type as the majority of the922
text of the message and shall not require that the recipient923
provide any information other than the receiving address.924

       (2) If the recipient of an electronic mail advertisement uses 925
the procedure contained in the notice described in division926
(B)(1)(b) of this section to decline to receive any additional927
electronic mail advertisements, the person that transmitted or928
caused to be transmitted the original electronic mail929
advertisement, within a reasonable period of time, shall cease930
transmitting or causing to be transmitted to the receiving address931
any additional electronic mail advertisements.932

       (3) A person does not violate division (B) of this section if933
the person transmits or causes to be transmitted to the recipient 934
an electronic mail advertisement when any of the following apply:935

       (a) The person has a pre-existing business or personal936
relationship with the recipient.937

       (b) The recipient has consented or has agreed as a condition938
of service to receive the electronic mail advertisement.939

       (c) The recipient receives the electronic mail advertisement940
because another recipient forwarded the advertisement to that941
recipient via an internet web site or another recipient made a942
direct referral of that recipient to receive the advertisement.943

       (C) No person shall use a computer, a computer network, or944
the computer services of an electronic mail service provider to945
transmit an electronic mail advertisement in contravention of the946
authority granted by, or in violation of the policies related to947
electronic mail advertisements set by, the electronic mail service948
provider if the electronic mail service provider has provided the949
person notice of those policies. For the purposes of this950
division, notice of those policies shall be deemed sufficient if951
an electronic mail service provider maintains an easily accessible952
web page containing its policies regarding electronic mail953
advertisements and can demonstrate that notice was supplied via954
electronic means between the sending and receiving computers.955

       (D) No electronic mail service provider shall be liable for956
transmitting another person's electronic mail advertisement957
through its service in violation of this section, or shall be958
liable for any action it voluntarily takes in good faith to block959
the receipt or transmission through its service of any electronic960
mail advertisement that it believes is, or will be sent, in961
violation of this section.962

       (E) A recipient of an electronic mail advertisement963
transmitted in violation of division (B) of this section may bring964
a civil action against a person who transmitted that advertisement965
or caused it to be transmitted. In that action, the recipient may966
recover the following:967

       (1) One hundred dollars for each violation, not to exceed a968
total of fifty thousand dollars;969

       (2) Reasonable attorney's fees, court costs, and other costs970
of bringing the action.971

       (F) An electronic mail service provider whose authority or972
policy has been contravened in violation of division (C) of this973
section may bring a civil action against a person who transmitted974
that advertisement or caused it to be transmitted. In that action, 975
the electronic mail service provider may recover the following:976

       (1)(a) Fifty dollars for each violation of division (C) of977
this section, not to exceed fifty thousand dollars;978

       (b) If a violation of division (C) of this section is a979
willful or knowing violation, the court may increase the amount980
recoverable to an amount not to exceed five hundred thousand981
dollars.982

       (c) If a violation of division (C) of this section is983
accompanied by a violation of division (H) of this section, there984
shall be no limit on the amount that may be recovered pursuant to985
this section.986

       (2) Reasonable attorney's fees, court costs, and other costs987
of bringing the action.988

       (G) In addition to any recovery that is allowed under989
divisions (E) or (F) of this section, the recipient of an990
electronic mail advertisement transmitted in violation of division991
(B) of this section or the electronic mail service provider of an992
advertisement transmitted in violation of division (C) of this993
section may apply to the court of common pleas of the county in994
which the recipient resides or the service provider is located for995
an order enjoining the person who transmitted or caused to be996
transmitted that electronic mail advertisement from transmitting997
or causing to be transmitted to the recipient any additional998
electronic mail advertisement.999

       (H) No person shall use a computer, a computer network, a1000
computer program, or the computer services of an electronic mail1001
service provider with the intent to forge an originating address1002
or other routing information, in any manner, in connection with1003
the transmission of an electronic mail advertisement through or1004
into the network of an electronic mail service provider or its1005
subscribers. Each use of a computer, a computer network, a1006
computer program, or the computer services of an electronic mail1007
service provider in violation of this division constitutes a1008
separate offense. A person who violates this division is guilty of 1009
forgery under section 2913.31 of the Revised Code.1010

       Sec. 3517.10.  (A) Except as otherwise provided in this1011
division, every campaign committee, political action committee,1012
legislative campaign fund, political party, and political1013
contributing entity that made or received a contribution or made1014
an expenditure in connection with the nomination or election of1015
any candidate or in connection with any ballot issue or question1016
at any election held or to be held in this state shall file, on a1017
form prescribed under this section, by electronic means of1018
transmission as provided in this section and section 3517.106 of1019
the Revised Code, or, until March 1, 2004, on computer disk as1020
provided in section 3517.106 of the Revised Code, a full, true,1021
and itemized statement, made under penalty of election1022
falsification, setting forth in detail the contributions and1023
expenditures, no later than four p.m. of the following dates:1024

       (1) The twelfth day before the election to reflect1025
contributions received and expenditures made from the close of1026
business on the last day reflected in the last previously filed1027
statement, if any, to the close of business on the twentieth day1028
before the election;1029

       (2) The thirty-eighth day after the election to reflect the1030
contributions received and expenditures made from the close of1031
business on the last day reflected in the last previously filed1032
statement, if any, to the close of business on the seventh day1033
before the filing of the statement;1034

       (3) The last business day of January of every year to reflect 1035
the contributions received and expenditures made from the close of 1036
business on the last day reflected in the last previously filed 1037
statement, if any, to the close of business on the last day of 1038
December of the previous year.1039

       A campaign committee shall only be required to file the1040
statements prescribed under divisions (A)(1) and (2) of this1041
section in connection with the nomination or election of the1042
committee's candidate.1043

       The statement required under division (A)(1) of this section1044
shall not be required of any campaign committee, political action1045
committee, legislative campaign fund, political party, or1046
political contributing entity that has received contributions of1047
less than one thousand dollars and has made expenditures of less1048
than one thousand dollars at the close of business on the1049
twentieth day before the election. Those contributions and1050
expenditures shall be reported in the statement required under1051
division (A)(2) of this section.1052

       If an election to select candidates to appear on the general1053
election ballot is held within sixty days before a general1054
election, the campaign committee of a successful candidate in the1055
earlier election may file the statement required by division1056
(A)(1) of this section for the general election instead of the1057
statement required by division (A)(2) of this section for the1058
earlier election if the pregeneral election statement reflects the1059
status of contributions and expenditures for the period twenty1060
days before the earlier election to twenty days before the general1061
election.1062

       If a person becomes a candidate less than twenty days before1063
an election, the candidate's campaign committee is not required to1064
file the statement required by division (A)(1) of this section.1065

       No statement under division (A)(3) of this section shall be1066
required for any year in which a campaign committee, political1067
action committee, legislative campaign fund, political party, or1068
political contributing entity is required to file a postgeneral1069
election statement under division (A)(2) of this section. However,1070
such a statement may be filed, at the option of the campaign1071
committee, political action committee, legislative campaign fund,1072
political party, or political contributing entity.1073

       No statement under division (A)(3) of this section shall be1074
required if the campaign committee, political action committee,1075
legislative campaign fund, political party, or political1076
contributing entity has no contributions that it has received and1077
no expenditures that it has made since the last date reflected in1078
its last previously filed statement. However, the campaign1079
committee, political action committee, legislative campaign fund,1080
political party, or political contributing entity shall file a1081
statement to that effect, on a form prescribed under this section1082
and made under penalty of election falsification, on the date1083
required in division (A)(3) of this section.1084

       The campaign committee of a statewide candidate shall file a1085
monthly statement of contributions received during each of the1086
months of July, August, and September in the year of the general1087
election in which the candidate seeks office. The campaign1088
committee of a statewide candidate shall file the monthly1089
statement not later than three business days after the last day of1090
the month covered by the statement. During the period beginning on 1091
the nineteenth day before the general election in which a1092
statewide candidate seeks election to office and extending through1093
the day of that general election, each time the campaign committee1094
of the joint candidates for the offices of governor and lieutenant1095
governor or of a candidate for the office of secretary of state,1096
auditor of state, treasurer of state, or attorney general receives1097
a contribution from a contributor that causes the aggregate amount1098
of contributions received from that contributor during that period1099
to equal or exceed two thousand five hundred dollars and each time1100
the campaign committee of a candidate for the office of chief1101
justice or justice of the supreme court receives a contribution1102
from a contributor that causes the aggregate amount of1103
contributions received from that contributor during that period to1104
exceed five hundred dollars, the campaign committee shall file a1105
two-business-day statement reflecting that contribution. During1106
the period beginning on the nineteenth day before a primary1107
election in which a candidate for statewide office seeks1108
nomination to office and extending through the day of that primary1109
election, each time either the campaign committee of a statewide1110
candidate in that primary election that files a notice under1111
division (C)(1) of section 3517.103 of the Revised Code or the1112
campaign committee of a statewide candidate in that primary1113
election to which, in accordance with division (D) of section1114
3517.103 of the Revised Code, the contribution limitations1115
prescribed in section 3517.102 of the Revised Code no longer apply1116
receives a contribution from a contributor that causes the1117
aggregate amount of contributions received from that contributor1118
during that period to exceed two thousand five hundred dollars,1119
the campaign committee shall file a two-business-day statement1120
reflecting that contribution. Contributions reported on a1121
two-business-day statement required to be filed by a campaign1122
committee of a statewide candidate in a primary election shall1123
also be included in the postprimary election statement required to1124
be filed by that campaign committee under division (A)(2) of this1125
section. A two-business-day statement required by this paragraph1126
shall be filed not later than two business days after receipt of1127
the contribution. The statements required by this paragraph shall1128
be filed in addition to any other statements required by this1129
section.1130

       Subject to the secretary of state having implemented, tested, 1131
and verified the successful operation of any system the secretary 1132
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of 1133
this section and division (H)(1) of section 3517.106 of the 1134
Revised Code for the filing of campaign finance statements by 1135
electronic means of transmission, a campaign committee of a 1136
statewide candidate shall file a two-business-day statement under 1137
the preceding paragraph by electronic means of transmission if the1138
campaign committee is required to file a preelection,1139
postelection, or monthly statement of contributions and1140
expenditures by electronic means of transmission under this1141
section or section 3517.106 of the Revised Code.1142

       If a campaign committee or political action committee has no1143
balance on hand and no outstanding obligations and desires to1144
terminate itself, it shall file a statement to that effect, on a1145
form prescribed under this section and made under penalty of1146
election falsification, with the official with whom it files a1147
statement under division (A) of this section after filing a final1148
statement of contributions and a final statement of expenditures,1149
if contributions have been received or expenditures made since the1150
period reflected in its last previously filed statement.1151

       (B) Except as otherwise provided in division (C)(7) of this1152
section, each statement required by division (A) of this section1153
shall contain the following information:1154

       (1) The full name and address of each campaign committee,1155
political action committee, legislative campaign fund, political1156
party, or political contributing entity, including any treasurer1157
of the committee, fund, party, or entity, filing a contribution1158
and expenditure statement;1159

       (2)(a) In the case of a campaign committee, the candidate's1160
full name and address;1161

       (b) In the case of a political action committee, the1162
registration number assigned to the committee under division1163
(D)(1) of this section.1164

       (3) The date of the election and whether it was or will be a1165
general, primary, or special election;1166

       (4) A statement of contributions received, which shall1167
include the following information:1168

       (a) The month, day, and year of the contribution;1169

       (b)(i) The full name and address of each person, political1170
party, campaign committee, legislative campaign fund, political1171
action committee, or political contributing entity from whom1172
contributions are received and the registration number assigned to1173
the political action committee under division (D)(1) of this1174
section. The requirement of filing the full address does not apply 1175
to any statement filed by a state or local committee of a1176
political party, to a finance committee of such committee, or to a1177
committee recognized by a state or local committee as its1178
fund-raising auxiliary. Notwithstanding division (F)(1) of this1179
section, the requirement of filing the full address shall be1180
considered as being met if the address filed is the same address1181
the contributor provided under division (E)(1) of this section.1182

       (ii) If a campaign committee of a statewide candidate or1183
candidate for the office of member of the general assembly1184
receives a contribution from an individual that exceeds one1185
hundred dollars, the name of the individual's current employer, if1186
any, or, if the individual is self-employed, the individual's1187
occupation;1188

       (iii) If a campaign committee of a statewide candidate or1189
candidate for the office of member of the general assembly1190
receives a contribution transmitted pursuant to section 3599.0311191
of the Revised Code from amounts deducted from the wages and1192
salaries of two or more employees that exceeds in the aggregate1193
one hundred dollars during any one filing period under division1194
(A)(1), (2), or (3) of this section, the full name of the1195
employees' employer and the full name of the labor organization of1196
which the employees are members, if any.1197

       (c) A description of the contribution received, if other than 1198
money;1199

       (d) The value in dollars and cents of the contribution;1200

       (e) A separately itemized account of all contributions and1201
expenditures regardless of the amount, except a receipt of a1202
contribution from a person in the sum of twenty-five dollars or1203
less at one social or fund-raising activity and a receipt of a1204
contribution transmitted pursuant to section 3599.031 of the1205
Revised Code from amounts deducted from the wages and salaries of1206
employees if the contribution from the amount deducted from the1207
wages and salary of any one employee is twenty-five dollars or1208
less aggregated in a calendar year. An account of the total1209
contributions from each social or fund-raising activity shall1210
include a description of and the value of each in-kind1211
contribution received at that activity from any person who made1212
one or more such contributions whose aggregate value exceeded two1213
hundred fifty dollars and shall be listed separately, together1214
with the expenses incurred and paid in connection with that1215
activity. A campaign committee, political action committee,1216
legislative campaign fund, political party, or political1217
contributing entity shall keep records of contributions from each1218
person in the amount of twenty-five dollars or less at one social1219
or fund-raising activity and contributions from amounts deducted1220
under section 3599.031 of the Revised Code from the wages and1221
salary of each employee in the amount of twenty-five dollars or1222
less aggregated in a calendar year. No continuing association that1223
is recognized by a state or local committee of a political party 1224
as an auxiliary of the party and that makes a contribution from 1225
funds derived solely from regular dues paid by members of the1226
auxiliary shall be required to list the name or address of any1227
members who paid those dues.1228

       Contributions that are other income shall be itemized1229
separately from all other contributions. The information required1230
under division (B)(4) of this section shall be provided for all1231
other income itemized. As used in this paragraph, "other income"1232
means a loan, investment income, or interest income.1233

       (f) In the case of a campaign committee of a state elected1234
officer, if a person doing business with the state elected officer1235
in the officer's official capacity makes a contribution to the1236
campaign committee of that officer, the information required under1237
division (B)(4) of this section in regard to that contribution,1238
which shall be filed together with and considered a part of the1239
committee's statement of contributions as required under division1240
(A) of this section but shall be filed on a separate form provided1241
by the secretary of state. As used in division (B)(4)(f) of this1242
section:1243

       (i) "State elected officer" has the same meaning as in1244
section 3517.092 of the Revised Code.1245

       (ii) "Person doing business" means a person or an officer of1246
an entity who enters into one or more contracts with a state1247
elected officer or anyone authorized to enter into contracts on1248
behalf of that officer to receive payments for goods or services,1249
if the payments total, in the aggregate, more than five thousand1250
dollars during a calendar year.1251

       (5) A statement of expenditures which shall include the1252
following information:1253

       (a) The month, day, and year of the expenditure;1254

       (b) The full name and address of each person, political1255
party, campaign committee, legislative campaign fund, political1256
action committee, or political contributing entity to whom the1257
expenditure was made and the registration number assigned to the1258
political action committee under division (D)(1) of this section;1259

       (c) The object or purpose for which the expenditure was made;1260

       (d) The amount of each expenditure.1261

       (C)(1) The statement of contributions and expenditures shall1262
be signed by the person completing the form. If a statement of1263
contributions and expenditures is filed by electronic means of1264
transmission pursuant to this section or section 3517.106 of the1265
Revised Code, the electronic signature of the person who executes1266
the statement and transmits the statement by electronic means of1267
transmission, as provided in division (H) of section 3517.106 of1268
the Revised Code, shall be attached to or associated with the1269
statement and shall be binding on all persons and for all purposes1270
under the campaign finance reporting law as if the signature had1271
been handwritten in ink on a printed form.1272

       (2) The person filing the statement, under penalty of1273
election falsification, shall include with it a list of each1274
anonymous contribution, the circumstances under which it was1275
received, and the reason it cannot be attributed to a specific1276
donor.1277

       (3) Each statement of a campaign committee of a candidate who1278
holds public office shall contain a designation of each1279
contributor who is an employee in any unit or department under the1280
candidate's direct supervision and control. In a space provided in 1281
the statement, the person filing the statement shall affirm that 1282
each such contribution was voluntarily made.1283

       (4) A campaign committee that did not receive contributions1284
or make expenditures in connection with the nomination or election1285
of its candidate shall file a statement to that effect, on a form1286
prescribed under this section and made under penalty of election1287
falsification, on the date required in division (A)(2) of this1288
section.1289

       (5) The campaign committee of any person who attempts to1290
become a candidate and who, for any reason, does not become1291
certified in accordance with Title XXXV of the Revised Code for1292
placement on the official ballot of a primary, general, or special1293
election to be held in this state, and who, at any time prior to1294
or after an election, receives contributions or makes1295
expenditures, or has given consent for another to receive1296
contributions or make expenditures, for the purpose of bringing1297
about the person's nomination or election to public office, shall1298
file the statement or statements prescribed by this section and a1299
termination statement, if applicable. This paragraph does not1300
apply to any person with respect to an election to the offices of1301
member of a county or state central committee, presidential1302
elector, or delegate to a national convention or conference of a1303
political party.1304

       (6)(a) The statements required to be filed under this section1305
shall specify the balance in the hands of the campaign committee, 1306
political action committee, legislative campaign fund, political1307
party, or political contributing entity and the disposition1308
intended to be made of that balance.1309

       (b) The secretary of state shall prescribe the form for all1310
statements required to be filed under this section and shall1311
furnish the forms to the boards of elections in the several1312
counties. The boards of elections shall supply printed copies of1313
those forms without charge. The secretary of state shall prescribe 1314
the appropriate methodology, protocol, and data file structure for1315
statements required or permitted to be filed by electronic means 1316
of transmission under division (A) of this section and divisions 1317
(E), (F), and (G) of section 3517.106 of the Revised Code and for 1318
statements permitted to be filed on computer disk under division 1319
(F) of section 3517.106 of the Revised Code. Subject to division 1320
(A) of this section and divisions (E), (F), and (G) of section 1321
3517.106 of the Revised Code, the statements required to be stored 1322
on computer by the secretary of state under division (B) of 1323
section 3517.106 of the Revised Code shall be filed in whatever 1324
format the secretary of state considers necessary to enable the 1325
secretary of state to store the information contained in the 1326
statements on computer. Any such format shall be of a type and 1327
nature that is readily available to whoever is required to file 1328
the statements in that format.1329

       (c) The secretary of state shall assess the need for training1330
regarding the filing of campaign finance statements by electronic 1331
means of transmission and regarding associated technologies for 1332
candidates, campaign committees, political action committees,1333
legislative campaign funds, political parties, political 1334
contributing entities, or individuals, partnerships, or other 1335
entities required or permitted to file statements by electronic 1336
means of transmission under this section or section 3517.105 or 1337
3517.106 of the Revised Code. If, in the opinion of the secretary1338
of state, training in these areas is necessary, the secretary of 1339
state shall arrange for the provision of voluntary training 1340
programs for candidates, campaign committees, political action 1341
committees, legislative campaign funds, political parties,1342
political contributing entities, and individuals, partnerships,1343
and other entities.1344

       (7) Each monthly statement and each two-business-day1345
statement required by division (A) of this section shall contain1346
the information required by divisions (B)(1) to (4), (C)(2), and,1347
if appropriate, (C)(3) of this section. Each statement shall be1348
signed as required by division (C)(1) of this section.1349

       (D)(1) Prior to receiving a contribution or making an1350
expenditure, every campaign committee, political action committee,1351
legislative campaign fund, political party, or political1352
contributing entity shall appoint a treasurer and shall file, on a1353
form prescribed by the secretary of state, a designation of that1354
appointment, including the full name and address of the treasurer1355
and of the campaign committee, political action committee,1356
legislative campaign fund, political party, or political1357
contributing entity. That designation shall be filed with the1358
official with whom the campaign committee, political action1359
committee, legislative campaign fund, political party, or1360
political contributing entity is required to file statements under1361
section 3517.11 of the Revised Code. The name of a campaign1362
committee shall include at least the last name of the campaign1363
committee's candidate. The secretary of state shall assign a1364
registration number to each political action committee that files1365
a designation of the appointment of a treasurer under division1366
(D)(1) of this section if the political action committee is1367
required by division (A)(1) of section 3517.11 of the Revised Code1368
to file the statements prescribed by this section with the1369
secretary of state.1370

       (2) The treasurer appointed under division (D)(1) of this1371
section shall keep a strict account of all contributions, from1372
whom received and the purpose for which they were disbursed.1373

       (3)(a) Except as otherwise provided in section 3517.108 of1374
the Revised Code, a campaign committee shall deposit all monetary1375
contributions received by the committee into an account separate1376
from a personal or business account of the candidate or campaign1377
committee.1378

       (b) A political action committee shall deposit all monetary1379
contributions received by the committee into an account separate1380
from all other funds.1381

       (c) A state or county political party may establish a state1382
candidate fund that is separate from an account that contains the1383
public moneys received from the Ohio political party fund under1384
section 3517.17 of the Revised Code and from all other funds. A1385
state or county political party may deposit into its state1386
candidate fund any amounts of monetary contributions that are made1387
to or accepted by the political party subject to the applicable1388
limitations, if any, prescribed in section 3517.102 of the Revised1389
Code. A state or county political party shall deposit all other1390
monetary contributions received by the party into one or more1391
accounts that are separate from its state candidate fund and from1392
its account that contains the public moneys received from the Ohio1393
political party fund under section 3517.17 of the Revised Code.1394

       (d) Each state political party shall have only one1395
legislative campaign fund for each house of the general assembly.1396
Each such fund shall be separate from any other funds or accounts1397
of that state party. A legislative campaign fund is authorized to1398
receive contributions and make expenditures for the primary1399
purpose of furthering the election of candidates who are members1400
of that political party to the house of the general assembly with1401
which that legislative campaign fund is associated. Each1402
legislative campaign fund shall be administered and controlled in1403
a manner designated by the caucus. As used in division (D)(3)(d)1404
of this section, "caucus" has the same meaning as in section1405
3517.01 of the Revised Code and includes, as an ex officio member,1406
the chairperson of the state political party with which the caucus1407
is associated or that chairperson's designee.1408

       (4) Every expenditure in excess of twenty-five dollars shall1409
be vouched for by a receipted bill, stating the purpose of the1410
expenditures, that shall be filed with the statement of1411
expenditures. A canceled check with a notation of the purpose of1412
the expenditure is a receipted bill for purposes of division1413
(D)(4) of this section.1414

       (5) The secretary of state or the board of elections, as the1415
case may be, shall issue a receipt for each statement filed under1416
this section and shall preserve a copy of the receipt for a period1417
of at least six years. All statements filed under this section1418
shall be open to public inspection in the office where they are1419
filed and shall be carefully preserved for a period of at least1420
six years after the year in which they are filed.1421

       (6) The secretary of state, by rule adopted pursuant to1422
section 3517.23 of the Revised Code, shall prescribe the manner of1423
immediately acknowledging, with date and time received, and1424
preserving the receipt of statements that are transmitted by1425
electronic means of transmission to the secretary of state1426
pursuant to this section or section 3517.106 of the Revised Code1427
and the manner of preserving the contribution and expenditure1428
information in those statements. The secretary of state shall1429
preserve the contribution and expenditure information in those1430
statements for at least ten years after the year in which they are1431
filed by electronic means of transmission.1432

       (7) The secretary of state, pursuant to division (I) of1433
section 3517.106 of the Revised Code, shall make available online1434
to the public through the internet the contribution and1435
expenditure information in all statements, all addenda,1436
amendments, or other corrections to statements, and all amended1437
statements filed with the secretary of state by electronic or1438
other means of transmission under this section, division (B)(2)(b)1439
or (C)(2)(b) of section 3517.105, or section 3517.106 or 3517.111440
of the Revised Code. The secretary of state may remove the1441
information from the internet after a reasonable period of time.1442

       (E)(1) Any person, political party, campaign committee,1443
legislative campaign fund, political action committee, or1444
political contributing entity that makes a contribution in1445
connection with the nomination or election of any candidate or in1446
connection with any ballot issue or question at any election held1447
or to be held in this state shall provide its full name and1448
address to the recipient of the contribution at the time the1449
contribution is made. The political action committee also shall1450
provide the registration number assigned to the committee under1451
division (D)(1) of this section to the recipient of the1452
contribution at the time the contribution is made.1453

       (2) Any individual who makes a contribution that exceeds one1454
hundred dollars to a campaign committee of a statewide candidate1455
or candidate for the office of member of the general assembly1456
shall provide the name of the individual's current employer, if1457
any, or, if the individual is self-employed, the individual's1458
occupation to the recipient of the contribution at the time the1459
contribution is made. Sections 3599.39 and 3599.40 of the Revised1460
Code do not apply to division (E)(2) of this section.1461

       (3) If a campaign committee shows that it has exercised its1462
best efforts to obtain, maintain, and submit the information1463
required under divisions (B)(4)(b)(ii) and (iii) of this section,1464
that committee is considered to have met the requirements of those1465
divisions. A campaign committee shall not be considered to have1466
exercised its best efforts unless, in connection with written1467
solicitations, it regularly includes a written request for the1468
information required under division (B)(4)(b)(ii) of this section1469
from the contributor or the information required under division1470
(B)(4)(b)(iii) of this section from whoever transmits the1471
contribution.1472

       (4) Any check that a political action committee uses to make1473
a contribution or an expenditure shall contain the full name and1474
address of the committee and the registration number assigned to1475
the committee under division (D)(1) of this section.1476

       (F) As used in this section:1477

       (1) "Address" means all of the following if they exist:1478
apartment number, street, road, or highway name and number, rural1479
delivery route number, city or village, state, and zip code as1480
used in a person's post-office address, but not post-office box. 1481
If an address is required in this section, a post-office box and1482
office, room, or suite number may be included in addition to but1483
not in lieu of an apartment, street, road, or highway name and1484
number. If an address is required in this section, a campaign1485
committee, political action committee, legislative campaign fund,1486
political party, or political contributing entity may use the1487
business or residence address of its treasurer or deputy1488
treasurer. The post-office box number of the campaign committee,1489
political action committee, legislative campaign fund, political1490
party, or political contributing entity may be used in addition to1491
that address.1492

       (2) "Statewide candidate" means the joint candidates for the1493
offices of governor and lieutenant governor or a candidate for the1494
office of secretary of state, auditor of state, treasurer of1495
state, attorney general, member of the state board of education,1496
chief justice of the supreme court, or justice of the supreme1497
court.1498

       (3) "Internet" has the same meaning as in section 3517.106 of 1499
the Revised Code.1500

       (G) An independent expenditure shall be reported whenever and 1501
in the same manner that an expenditure is required to be reported1502
under this section and shall be reported pursuant to division1503
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.1504

       (H)(1) Except as otherwise provided in division (H)(2) of1505
this section, if, during the combined preelection and postelection1506
reporting periods for an election, a campaign committee has1507
received contributions of five hundred dollars or less and has1508
made expenditures in the total amount of five hundred dollars or1509
less, it may file a statement to that effect, under penalty of1510
election falsification, in lieu of the statement required by1511
division (A)(2) of this section. The statement shall indicate the1512
total amount of contributions received and the total amount of1513
expenditures made during those combined reporting periods.1514

       (2) In the case of a successful candidate at a primary1515
election, if either the total contributions received by or the1516
total expenditures made by the candidate's campaign committee1517
during the preprimary, postprimary, pregeneral, and postgeneral1518
election periods combined equal more than five hundred dollars,1519
the campaign committee may file the statement under division1520
(H)(1) of this section only for the primary election. The first1521
statement that the campaign committee files in regard to the1522
general election shall reflect all contributions received and all1523
expenditures made during the preprimary and postprimary election1524
periods.1525

       (3) Divisions (H)(1) and (2) of this section do not apply if1526
a campaign committee receives contributions or makes expenditures1527
prior to the first day of January of the year of the election at1528
which the candidate seeks nomination or election to office or if1529
the campaign committee does not file a termination statement with1530
its postprimary election statement in the case of an unsuccessful1531
primary election candidate or with its postgeneral election1532
statement in the case of other candidates.1533

       (I) In the case of a contribution made by a partnership or1534
unincorporated business, all of the following apply:1535

       (1) The recipient of the contribution shall report the1536
contribution by listing both the partnership or unincorporated1537
business and the name of the partner or owner making the1538
contribution.1539

       (2) For purposes of section 3517.102 of the Revised Code, the 1540
contribution shall be considered to have been made by the partner 1541
or owner reported under division (I)(1) of this section.1542

       (3) No contribution from a partnership or unincorporated1543
business shall be accepted unless the recipient reports the1544
contribution under division (I)(1) of this section.1545

       (J) A candidate shall have only one campaign committee at any1546
given time for all of the offices for which the person is a1547
candidate or holds office.1548

       (K)(1) In addition to filing a designation of appointment of1549
a treasurer under division (D)(1) of this section, the campaign1550
committee of any candidate for an elected municipal office that1551
pays an annual amount of compensation of five thousand dollars or1552
less, the campaign committee of any candidate for member of a1553
board of education except member of the state board of education,1554
or the campaign committee of any candidate for township trustee or1555
township clerk may sign, under penalty of election falsification,1556
a certificate attesting that the committee will not accept1557
contributions during an election period that exceed in the1558
aggregate two thousand dollars from all contributors and one1559
hundred dollars from any one individual, and that the campaign1560
committee will not make expenditures during an election period1561
that exceed in the aggregate two thousand dollars.1562

       The certificate shall be on a form prescribed by the1563
secretary of state and shall be filed not later than ten days1564
after the candidate files a declaration of candidacy and petition,1565
a nominating petition, or a declaration of intent to be a write-in1566
candidate.1567

       (2) Except as otherwise provided in division (K)(3) of this1568
section, a campaign committee that files a certificate under1569
division (K)(1) of this section is not required to file the1570
statements required by division (A) of this section 3517.10 of the1571
Revised Code.1572

       (3) If, after filing a certificate under division (K)(1) of1573
this section, a campaign committee exceeds any of the limitations1574
described in that division during an election period, the1575
certificate is void and thereafter the campaign committee shall1576
file the statements required by division (A) of this section 1577
3517.10 of the Revised Code. If the campaign committee has not 1578
previously filed a statement, then on the first statement the 1579
campaign committee is required to file under division (A) of this1580
section 3517.10 of the Revised Code after the committee's 1581
certificate is void, the committee shall report all contributions 1582
received and expenditures made from the time the candidate filed 1583
the candidate's declaration of candidacy and petition, nominating1584
petition, or declaration of intent to be a write-in candidate.1585

       (4) As used in division (K) of this section, "election1586
period" means the period of time beginning on the day a person1587
files a declaration of candidacy and petition, nominating1588
petition, or declaration of intent to be a write-in candidate1589
through the day of the election at which the person seeks1590
nomination to office if the person is not elected to office, or,1591
if the candidate was nominated in a primary election, the day of1592
the election at which the candidate seeks office.1593

       (L) Notwithstanding division (B)(4) of this section, a1594
political contributing entity that receives contributions from the1595
dues, membership fees, or other assessments of its members or from1596
its officers, shareholders, and employees may report the aggregate1597
amount of contributions received from those contributors and the1598
number of individuals making those contributions, for each filing1599
period identified under divisions (A)(1), (2), and (3) of this1600
section. Division (B)(4) of this section applies to a political1601
contributing entity with regard to contributions it receives from1602
all other contributors.1603

       Sec. 3517.106.  (A) As used in this section:1604

       (1) "Internet" means the international computer network of1605
both federal and nonfederal interoperable packet switched data1606
networks, including the graphical subnetwork called the world wide1607
web.1608

       (2) "Statewide office" means any of the offices of governor,1609
lieutenant governor, secretary of state, auditor of state,1610
treasurer of state, attorney general, chief justice of the supreme1611
court, and justice of the supreme court.1612

       (3)(2) "Addendum to a statement" includes an amendment or 1613
other correction to that statement.1614

       (B) The secretary of state shall store on computer the1615
information contained in statements of contributions and1616
expenditures and monthly statements required to be filed under1617
section 3517.10 of the Revised Code and in statements of1618
independent expenditures required to be filed under section1619
3517.105 of the Revised Code by any of the following:1620

       (1) The campaign committees of candidates for statewide1621
office;1622

       (2) The political action committees and political1623
contributing entities described in division (A)(1) of section1624
3517.11 of the Revised Code;1625

       (3) Legislative campaign funds;1626

       (4) State political parties;1627

       (5) Individuals, partnerships, corporations, labor1628
organizations, or other entities that make independent1629
expenditures in support of or opposition to a statewide candidate1630
or a statewide ballot issue or question;1631

       (6) The campaign committees of candidates for the office of1632
member of the general assembly.1633

       (C)(1) The secretary of state shall make available to the1634
campaign committees, political action committees, political1635
contributing entities, legislative campaign funds, political1636
parties, individuals, partnerships, corporations, labor1637
organizations, and other entities described in division (B) of1638
this section, and to members of the news media and other1639
interested persons, for a reasonable fee, computer programs that1640
are compatible with the secretary of state's method of storing the1641
information contained in the statements.1642

       (2) The secretary of state shall make the information1643
required to be stored under division (B) of this section available1644
on computer at the secretary of state's office so that, to the1645
maximum extent feasible, individuals may obtain at the secretary1646
of state's office any part or all of that information for any1647
given year, subject to the limitation expressed in division (D) of1648
this section.1649

       (D) The secretary of state shall keep the information stored1650
on computer under division (B) of this section for at least six1651
years.1652

       (E)(1) Subject to the secretary of state having implemented,1653
tested, and verified the successful operation of any system the1654
secretary of state prescribes pursuant to division (H)(1) of this1655
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of1656
the Revised Code for the filing of campaign finance statements by1657
electronic means of transmission, the campaign committee of each 1658
candidate for statewide office may file the statements prescribed 1659
by section 3517.10 of the Revised Code by electronic means of1660
transmission or, if the total amount of the contributions received1661
or the total amount of the expenditures made by the campaign1662
committee for the applicable reporting period as specified in1663
division (A) of section 3517.10 of the Revised Code exceeds ten 1664
thousand dollars, shall file those statements by electronic means 1665
of transmission.1666

       Except as otherwise provided in this division, within five1667
business days after a statement filed by a campaign committee of a1668
candidate for statewide office is received by the secretary of1669
state by electronic or other means of transmission, the secretary1670
of state shall make available online to the public through the1671
internet, as provided in division (I) of this section, the1672
contribution and expenditure information in that statement. The1673
secretary of state shall not make available online to the public1674
through the internet any contribution or expenditure information1675
contained in a statement for any candidate until the secretary of1676
state is able to make available online to the public through the1677
internet the contribution and expenditure information for all1678
candidates for a particular office. As soon as the secretary of1679
state has available all of that information, the secretary of1680
state shall simultaneously make available online to the public1681
through the internet the information for all candidates for a1682
particular office.1683

       If a statement filed by electronic means of transmission is1684
found to be incomplete or inaccurate after the examination of the1685
statement for completeness and accuracy pursuant to division1686
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign1687
committee shall file by electronic means of transmission any1688
addendum to the statement that provides the information necessary1689
to complete or correct the statement or, if required by the1690
secretary of state under that division, an amended statement.1691

       Within five business days after the secretary of state1692
receives from a campaign committee of a candidate for statewide1693
office an addendum to the statement or an amended statement by1694
electronic or other means of transmission under this division or1695
division (B)(3)(a) of section 3517.11 of the Revised Code, the1696
secretary of state shall make the contribution and expenditure1697
information in the addendum or amended statement available online1698
to the public through the internet as provided in division (I) of1699
this section.1700

       (2) Subject to division (E)(3) of this section and subject to 1701
the secretary of state having implemented, tested, and verified1702
the successful operation of any system the secretary of state1703
prescribes pursuant to division (H)(1) of this section and1704
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised1705
Code for the filing of campaign finance statements by electronic1706
means of transmission, a political action committee and a 1707
political contributing entity described in division (B)(2) of this 1708
section, a legislative campaign fund, and a state political party 1709
may file the statements prescribed by section 3517.10 of the1710
Revised Code by electronic means of transmission.1711

       Within five business days after a statement filed by a1712
political action committee or a political contributing entity1713
described in division (B)(2) of this section, a legislative1714
campaign fund, or a state political party is received by the1715
secretary of state by electronic or other means of transmission,1716
the secretary of state shall make available online to the public1717
through the internet, as provided in division (I) of this section,1718
the contribution and expenditure information in that statement.1719

       If a statement filed by electronic means of transmission is1720
found to be incomplete or inaccurate after the examination of the1721
statement for completeness and accuracy pursuant to division1722
(B)(3)(a) of section 3517.11 of the Revised Code, the political1723
action committee, political contributing entity, legislative1724
campaign fund, or state political party shall file by electronic1725
means of transmission any addendum to the statement that provides1726
the information necessary to complete or correct the statement or,1727
if required by the secretary of state under that division, an1728
amended statement.1729

       Within five business days after the secretary of state1730
receives from a political action committee or a political1731
contributing entity described in division (B)(2) of this section,1732
a legislative campaign fund, or a state political party an1733
addendum to the statement or an amended statement by electronic or1734
other means of transmission under this division or division1735
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of1736
state shall make the contribution and expenditure information in1737
the addendum or amended statement available online to the public1738
through the internet as provided in division (I) of this section.1739

       (3) Subject to the secretary of state having implemented,1740
tested, and verified the successful operation of any system the1741
secretary of state prescribes pursuant to division (H)(1) of this1742
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of1743
the Revised Code for the filing of campaign finance statements by1744
electronic means of transmission, a political action committee and 1745
a political contributing entity described in division (B)(2) of 1746
this section, a legislative campaign fund, and a state political 1747
party shall file the statements prescribed by section 3517.10 of 1748
the Revised Code by electronic means of transmission if the total 1749
amount of the contributions received or the total amount of the 1750
expenditures made by the political action committee, political 1751
contributing entity, legislative campaign fund, or political party 1752
for the applicable reporting period as specified in division (A) 1753
of section 3517.10 of the Revised Code exceeds ten thousand1754
dollars.1755

       Within five business days after a statement filed by a1756
political action committee or a political contributing entity1757
described in division (B)(2) of this section, a legislative1758
campaign fund, or a state political party is received by the1759
secretary of state by electronic or other means of transmission,1760
the secretary of state shall make available online to the public1761
through the internet, as provided in division (I) of this section,1762
the contribution and expenditure information in that statement.1763

       If a statement filed by electronic means of transmission is1764
found to be incomplete or inaccurate after the examination of the1765
statement for completeness and accuracy pursuant to division1766
(B)(3)(a) of section 3517.11 of the Revised Code, the political1767
action committee, political contributing entity, legislative1768
campaign fund, or state political party shall file by electronic1769
means of transmission any addendum to the statement that provides1770
the information necessary to complete or correct the statement or,1771
if required by the secretary of state under that division, an1772
amended statement.1773

       Within five business days after the secretary of state1774
receives from a political action committee or a political1775
contributing entity described in division (B)(2) of this section,1776
a legislative campaign fund, or a state political party an1777
addendum to the statement or an amended statement by electronic or1778
other means of transmission under this division or division1779
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of1780
state shall make the contribution and expenditure information in1781
the addendum or amended statement available online to the public1782
through the internet as provided in division (I) of this section.1783

       (F)(1) Subject to division (F)(4) of this section and subject 1784
to the secretary of state having implemented, tested, and verified 1785
the successful operation of any system the secretary of state 1786
prescribes pursuant to division (H)(1) of this section and1787
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised1788
Code for the filing of campaign finance statements by electronic1789
means of transmission or on computer disk, a campaign committee of 1790
a candidate for the office of member of the general assembly may1791
file the statements prescribed by section 3517.10 of the Revised1792
Code by electronic means of transmission to the office of the 1793
secretary of state or, until March 1, 2004, on computer disk with1794
the appropriate board of elections specified in division (A)(2) of1795
section 3517.11 of the Revised Code.1796

       Except as otherwise provided in this division, within five1797
business days after a statement filed by a campaign committee of a1798
candidate for the office of member of the general assembly is1799
received by the secretary of state by electronic or other means of1800
transmission, the secretary of state shall make available online1801
to the public through the internet, as provided in division (I) of1802
this section, the contribution and expenditure information in that1803
statement. The secretary of state shall not make available online1804
to the public through the internet any contribution or expenditure1805
information contained in a statement for any candidate until the1806
secretary of state is able to make available online to the public1807
through the internet the contribution and expenditure information1808
for all candidates for a particular office. As soon as the1809
secretary of state has available all of that information, the1810
secretary of state shall simultaneously make available online to1811
the public through the internet the information for all candidates1812
for a particular office.1813

       If a statement filed by electronic means of transmission or1814
on computer disk is found to be incomplete or inaccurate after the1815
examination of the statement for completeness and accuracy1816
pursuant to division (B)(3)(a) of section 3517.11 of the Revised1817
Code, the campaign committee shall file by electronic means of1818
transmission to the office of the secretary of state, or, until1819
March 1, 2004, on computer disk with the appropriate board of 1820
elections if the original statement was filed on computer disk,1821
any addendum to the statement that provides the information1822
necessary to complete or correct the statement or, if required by1823
the secretary of state under that division, an amended statement.1824

       Within five business days after the secretary of state1825
receives from a campaign committee of a candidate for the office1826
of member of the general assembly an addendum to the statement or1827
an amended statement by electronic or other means of transmission1828
under this division or division (B)(3)(a) of section 3517.11 of1829
the Revised Code, the secretary of state shall make the1830
contribution and expenditure information in the addendum or1831
amended statement available online to the public through the1832
internet as provided in division (I) of this section.1833

       (2) Until March 1, 2004, if a campaign committee of a1834
candidate for the office of member of the general assembly files a1835
statement of contributions and expenditures, an addendum to the1836
statement, or an amended statement by electronic means of1837
transmission or on computer disk pursuant to division (F)(1) of1838
this section, the campaign committee shall file as prescribed by1839
section 3517.10 of the Revised Code with the appropriate board of1840
elections specified in division (A)(2) of section 3517.11 of the1841
Revised Code a printed version of the statement, addendum, or1842
amended statement filed by electronic means of transmission or on1843
computer disk, in the format that the secretary of state shall1844
prescribe. If a statement, addendum, or amended statement is not1845
filed by electronic means of transmission or on computer disk but1846
is filed by printed version only, the campaign committee shall1847
file two copies of the printed version of the statement, addendum,1848
or amended statement with the appropriate board of elections. The1849
board of elections shall send one of those copies by overnight1850
delivery service to the secretary of state before the close of1851
business on the day the board of elections receives the statement,1852
addendum, or amended statement.1853

       (3)(a) Subject to division (F)(4) of this section and subject 1854
to the secretary of state having implemented, tested, and verified 1855
the successful operation of any system the secretary of state 1856
prescribes pursuant to division (H)(1) of this section and1857
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised1858
Code for the filing of campaign finance statements by electronic1859
means of transmission or on computer disk, the secretary of state 1860
shall assess, and a campaign committee of a candidate for the 1861
office of member of the general assembly shall pay, a fee as 1862
provided in this division if the campaign committee has not filed 1863
the campaign finance statements prescribed by section 3517.10 of 1864
the Revised Code by electronic means of transmission or on 1865
computer disk pursuant to division (F)(1) of this section. The fee 1866
shall be calculated on the total contributions received for the 1867
applicable reporting period specified in division (A) of section 1868
3517.10 of the Revised Code as follows:1869

       (i) No fee for total contributions up to and including ten1870
thousand dollars;1871

       (ii) A fee of fifty dollars for total contributions of over1872
ten thousand dollars up to and including twenty-five thousand1873
dollars;1874

       (iii) A fee of one hundred fifty dollars for total1875
contributions over twenty-five thousand dollars up to and1876
including fifty thousand dollars;1877

       (iv) A fee of two hundred dollars for total contributions1878
over fifty thousand dollars.1879

       (b) No campaign committee of a candidate for the office of1880
member of the general assembly shall be required to pay the fee1881
prescribed by division (F)(3)(a) of this section in connection1882
with the filing of an addendum to a statement of contributions and1883
expenditures or in connection with the filing of an amended1884
statement.1885

       (c) The fee prescribed by division (F)(3)(a) of this section1886
shall be made payable to the secretary of state and shall be1887
collected by the appropriate board of elections at the time the1888
campaign committee of a candidate for the office of member of the1889
general assembly files the statement of contributions and1890
expenditures. The fee shall be sent along with the statement,1891
before the close of business on the day it is received, to the1892
secretary of state by overnight delivery service.1893

       (4) Subject to the secretary of state having implemented,1894
tested, and verified the successful operation of any system the1895
secretary of state prescribes pursuant to division (H)(1) of this1896
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of1897
the Revised Code for the filing of campaign finance statements by1898
electronic means of transmission, on and after March 1, 2004, a1899
campaign committee of a candidate for the office of member of the 1900
general assembly shall file the statements prescribed by section 1901
3517.10 of the Revised Code by electronic means of transmission to 1902
the secretary of state if the total amount of the contributions1903
received by the campaign committee for the applicable reporting1904
period as specified in division (A) of section 3517.10 of the1905
Revised Code exceeds ten thousand dollars.1906

       Except as otherwise provided in this division, within five1907
business days after a statement filed by a campaign committee of a1908
candidate for the office of member of the general assembly is1909
received by the secretary of state by electronic or other means of1910
transmission, the secretary of state shall make available online1911
to the public through the internet, as provided in division (I) of1912
this section, the contribution and expenditure information in that1913
statement. The secretary of state shall not make available online1914
to the public through the internet any contribution or expenditure1915
information contained in a statement for any candidate until the1916
secretary of state is able to make available online to the public1917
through the internet the contribution and expenditure information1918
for all candidates for a particular office. As soon as the1919
secretary of state has available all of that information, the1920
secretary of state shall simultaneously make available online to1921
the public through the internet the information for all candidates1922
for a particular office.1923

       If a statement filed by electronic means of transmission is1924
found to be incomplete or inaccurate after the examination of the1925
statement for completeness and accuracy pursuant to division1926
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign1927
committee of a candidate for the office of member of the general1928
assembly shall file by electronic means of transmission any1929
addendum to the statement that provides the information necessary1930
to complete or correct the statement or, if required by the1931
secretary of state under that division, an amended statement.1932

       Within five business days after the secretary of state1933
receives from a campaign committee of a candidate for the office1934
of member of the general assembly an addendum to the statement or1935
an amended statement by electronic or other means of transmission1936
under this division or division (B)(3)(a) of section 3517.11 of1937
the Revised Code, the secretary of state shall make the1938
contribution and expenditure information in the addendum or1939
amended statement available online to the public through the1940
internet as provided in division (I) of this section.1941

       (G)(1) Subject to division (G)(2) of this section and subject 1942
to the secretary of state having implemented, tested, and verified 1943
the successful operation of any system the secretary of state 1944
prescribes pursuant to division (H)(1) of this section and1945
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised1946
Code for the filing of campaign finance statements by electronic1947
means of transmission, any individual, partnership, or other 1948
entity that makes independent expenditures in support of or1949
opposition to a statewide candidate or a statewide ballot issue or1950
question as provided in division (B)(2)(b) or (C)(2)(b) of section1951
3517.105 of the Revised Code may file the statement specified in1952
that division by electronic means of transmission.1953

       Within five business days after a statement filed by an1954
individual, partnership, or other entity is received by the1955
secretary of state by electronic or other means of transmission,1956
the secretary of state shall make available online to the public1957
through the internet, as provided in division (I) of this section,1958
the expenditure information in that statement.1959

       If a statement filed by electronic means of transmission is1960
found to be incomplete or inaccurate after the examination of the1961
statement for completeness and accuracy pursuant to division1962
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,1963
partnership, or other entity shall file by electronic means of1964
transmission any addendum to the statement that provides the1965
information necessary to complete or correct the statement or, if1966
required by the secretary of state under that division, an amended1967
statement.1968

       Within five business days after the secretary of state1969
receives from an individual, partnership, or other entity1970
described in division (B)(2)(b) or (C)(2)(b) of section 3517.1051971
of the Revised Code an addendum to the statement or an amended1972
statement by electronic or other means of transmission under this1973
division or division (B)(3)(a) of section 3517.11 of the Revised1974
Code, the secretary of state shall make the expenditure1975
information in the addendum or amended statement available online1976
to the public through the internet as provided in division (I) of1977
this section.1978

       (2) Subject to the secretary of state having implemented,1979
tested, and verified the successful operation of any system the1980
secretary of state prescribes pursuant to division (H)(1) of this1981
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of1982
the Revised Code for the filing of campaign finance statements by1983
electronic means of transmission, any individual, partnership, or1984
other entity that makes independent expenditures in support of or 1985
opposition to a statewide candidate or a statewide ballot issue or 1986
question as provided in division (B)(2)(b) or (C)(2)(b) of section 1987
3517.105 of the Revised Code shall file the statement specified in 1988
that division by electronic means of transmission if the total1989
amount of the independent expenditures made during the reporting 1990
period under that division exceeds ten thousand dollars.1991

       Within five business days after a statement filed by an1992
individual, partnership, or other entity is received by the1993
secretary of state by electronic or other means of transmission,1994
the secretary of state shall make available online to the public1995
through the internet, as provided in division (I) of this section,1996
the expenditure information in that statement.1997

       If a statement filed by electronic means of transmission is1998
found to be incomplete or inaccurate after the examination of the1999
statement for completeness and accuracy pursuant to division2000
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,2001
partnership, or other entity shall file by electronic means of2002
transmission any addendum to the statement that provides the2003
information necessary to complete or correct the statement or, if2004
required by the secretary of state under that division, an amended2005
statement.2006

       Within five business days after the secretary of state2007
receives from an individual, partnership, or other entity2008
described in division (B)(2)(b) or (C)(2)(b) of section 3517.1052009
of the Revised Code an addendum to the statement or an amended2010
statement by electronic or other means of transmission under this2011
division or division (B)(3)(a) of section 3517.11 of the Revised2012
Code, the secretary of state shall make the expenditure2013
information in the addendum or amended statement available online2014
to the public through the internet as provided in division (I) of2015
this section.2016

       (H)(1) The secretary of state, by rule adopted pursuant to2017
section 3517.23 of the Revised Code, shall prescribe one or more2018
techniques by which a person who executes and transmits by2019
electronic means a statement of contributions and expenditures, a2020
statement of independent expenditures, an addendum to either2021
statement, an amended statement of contributions and expenditures,2022
or an amended statement of independent expenditures under this2023
section or section 3517.10 or 3517.105 of the Revised Code shall2024
electronically sign the statement, addendum, or amended statement.2025
Any technique prescribed by the secretary of state pursuant to2026
this division shall create an electronic signature that satisfies2027
all of the following:2028

       (a) It is unique to the signer.2029

       (b) It objectively identifies the signer.2030

       (c) It involves the use of a signature device or other means2031
or method that is under the sole control of the signer and that2032
cannot be readily duplicated or compromised.2033

       (d) It is created and linked to the electronic record to2034
which it relates in a manner that, if the record or signature is2035
intentionally or unintentionally changed after signing, the2036
electronic signature is invalidated.2037

       (2) An electronic signature prescribed by the secretary of2038
state under division (H)(1) of this section shall be attached to2039
or associated with the statement of contributions and2040
expenditures, the statement of independent expenditures, the2041
addendum to either statement, the amended statement of2042
contributions and expenditures, or the amended statement of2043
independent expenditures that is executed and transmitted by2044
electronic means by the person to whom the electronic signature is2045
attributed. The electronic signature that is attached to or2046
associated with the statement, addendum, or amended statement2047
under this division shall be binding on all persons and for all2048
purposes under the campaign finance reporting law as if the2049
signature had been handwritten in ink on a printed form of the2050
statement, addendum, or amended statement.2051

       (I) The secretary of state shall make the contribution and2052
expenditure information in all statements, all addenda to the2053
statements, and all amended statements that are filed with the2054
secretary of state by electronic or other means of transmission2055
under this section or section 3517.10, 3517.105, or 3517.11 of the2056
Revised Code available online to the public by any means that are2057
searchable, viewable, and accessible through the internet.2058

       (J)(1) As used in this division, "library" means a library2059
that is open to the public and that is one of the following:2060

       (a) A library that is maintained and regulated under section2061
715.13 of the Revised Code;2062

       (b) A library that is created, maintained, and regulated2063
under Chapter 3375. of the Revised Code.2064

       (2) The secretary of state shall notify all libraries of the2065
location on the internet at which the contribution and expenditure2066
information in campaign finance statements required to be made2067
available online to the public through the internet pursuant to2068
division (I) of this section may be accessed.2069

       If that location is part of the graphical subnetwork called 2070
the world wide web and if the secretary of state has notified a 2071
library of that world wide web location as required by this 2072
division, the library shall include a link to that world wide web 2073
location on each internet-connected computer it maintains that is 2074
accessible to the public.2075

       (3) If the system the secretary of state prescribes for the2076
filing of campaign finance statements by electronic means of2077
transmission pursuant to division (H)(1) of this section and2078
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised2079
Code includes filing those statements through the internet via an2080
interactive location on the graphical subnetwork called the world2081
wide web, the secretary of state shall notify all libraries of the2082
world wide web location at which those statements may be filed.2083

       If those statements may be filed through the internet via an 2084
interactive location on the graphical subnetwork called the world 2085
wide web and if the secretary of state has notified a library of 2086
that world wide web location as required by this division, the 2087
library shall include a link to that world wide web location on 2088
each internet-connected computer it maintains that is accessible 2089
to the public.2090

       (K) It is an affirmative defense to a complaint or charge2091
brought against any campaign committee, political action2092
committee, legislative campaign fund, political party, political2093
contributing entity, or individual, partnership, or other entity2094
for the failure to file by electronic means of transmission a2095
campaign finance statement as required by this section or section2096
3517.10 or 3517.105 of the Revised Code that all of the following2097
apply to the campaign committee, political action committee,2098
legislative campaign fund, political party, political contributing2099
entity, or individual, partnership, or other entity that failed to2100
file the required statement:2101

       (1) The campaign committee, political action committee,2102
legislative campaign fund, political party, political contributing2103
entity, or individual, partnership, or other entity attempted to2104
file by electronic means of transmission the required statement2105
prior to the deadline set forth in the applicable section.2106

       (2) The campaign committee, political action committee,2107
legislative campaign fund, political party, political contributing2108
entity, or individual, partnership, or other entity was unable to2109
file by electronic means of transmission due to an expected or2110
unexpected shutdown of the whole or part of the electronic2111
campaign finance statement-filing system, such as for maintenance2112
or because of hardware, software, or network connection failure.2113

       (3) The campaign committee, political action committee,2114
legislative campaign fund, political party, political contributing2115
entity, or individual, partnership, or other entity filed by2116
electronic means of transmission the required statement within a2117
reasonable period of time after being unable to so file it under2118
the circumstance described in division (K)(2) of this section.2119

       Sec. 3517.11.  (A)(1) Campaign committees of candidates for2120
statewide offices or the state board of education, political2121
action committees or political contributing entities that make2122
contributions to campaign committees of candidates that are2123
required to file the statements prescribed by section 3517.10 of2124
the Revised Code with the secretary of state, political action2125
committees or political contributing entities that make2126
contributions to campaign committees of candidates for member of2127
the general assembly, political action committees or political2128
contributing entities that make contributions to state and2129
national political parties and to legislative campaign funds,2130
political action committees or political contributing entities2131
that receive contributions or make expenditures in connection with2132
a statewide ballot issue, political action committees or political2133
contributing entities that make contributions to other political2134
action committees or political contributing entities, political2135
parties, and campaign committees, except as set forth in division2136
(A)(3) of this section, legislative campaign funds, and state and2137
national political parties shall file the statements prescribed by2138
section 3517.10 of the Revised Code with the secretary of state.2139

       (2) Except as otherwise provided in division (F) of section2140
3517.106 of the Revised Code, campaign committees of candidates2141
for all other offices shall file the statements prescribed by2142
section 3517.10 of the Revised Code with the board of elections2143
where their candidates are required to file their petitions or2144
other papers for nomination or election.2145

       A campaign committee of a candidate for office of member of2146
the general assembly shall file two copies of the printed version2147
of any statement, addendum, or amended statement if the committee2148
does not file by electronic means of transmission or on computer2149
disk pursuant to division (F)(1) of section 3517.106 of the2150
Revised Code but files by printed version only with the2151
appropriate board of elections. The board of elections shall send2152
one of those copies by overnight delivery service to the secretary2153
of state before the close of business on the day the board of2154
elections receives the statement, addendum, or amended statement.2155

       (3) Political action committees or political contributing2156
entities that only contribute to a county political party,2157
contribute to campaign committees of candidates whose nomination2158
or election is to be submitted only to electors within a county,2159
subdivision, or district, excluding candidates for member of the2160
general assembly, and receive contributions or make expenditures2161
in connection with ballot questions or issues to be submitted only2162
to electors within a county, subdivision, or district shall file2163
the statements prescribed by section 3517.10 of the Revised Code2164
with the board of elections in that county or in the county2165
contained in whole or part within the subdivision or district2166
having a population greater than that of any other county2167
contained in whole or part within that subdivision or district, as2168
the case may be.2169

       (4) County political parties shall file the statements2170
prescribed by section 3517.10 of the Revised Code with the board2171
of elections of their respective counties.2172

       (B)(1) The official with whom petitions and other papers for2173
nomination or election to public office are filed shall furnish2174
each candidate at the time of that filing a copy of sections2175
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and2176
3599.031 of the Revised Code and any other materials that the2177
secretary of state may require. Each candidate receiving the2178
materials shall acknowledge their receipt in writing.2179

       (2) On or before the tenth day before the dates on which2180
statements are required to be filed by section 3517.10 of the2181
Revised Code, every candidate subject to the provisions of this2182
section and sections 3517.10 and 3517.106 of the Revised Code2183
shall be notified of the requirements and applicable penalties of2184
those sections. The secretary of state, by certified mail, return2185
receipt requested, shall notify all candidates required to file2186
those statements with the secretary of state's office. The board2187
of elections of every county shall notify by first class mail any2188
candidate who has personally appeared at the office of the board2189
on or before the tenth day before the statements are required to2190
be filed and signed a form, to be provided by the secretary of2191
state, attesting that the candidate has been notified of the2192
candidate's obligations under the campaign finance law. The board2193
shall forward the completed form to the secretary of state. The2194
board shall use certified mail, return receipt requested, to2195
notify all other candidates required to file those statements with2196
it.2197

       (3)(a) Any statement required to be filed under sections2198
3517.081 to 3517.17 of the Revised Code that is found to be2199
incomplete or inaccurate by the officer to whom it is submitted2200
shall be accepted on a conditional basis, and the person who filed2201
it shall be notified by certified mail as to the incomplete or2202
inaccurate nature of the statement. The secretary of state may2203
examine statements filed for candidates for the office of member2204
of the general assembly for completeness and accuracy. The 2205
secretary of state shall examine for completeness and accuracy 2206
statements that campaign committees of candidates for the office2207
of member of the general assembly file by electronic means of 2208
transmission pursuant to division (F) of section 3517.106 of the 2209
Revised Code. If an officer at the board of elections where a 2210
statement filed for a candidate for the office of member of the 2211
general assembly was submitted finds the statement to be 2212
incomplete or inaccurate, the officer shall immediately notify the2213
secretary of state of its incomplete or inaccurate nature. If 2214
either an officer at the board of elections or the secretary of 2215
state finds a statement filed for a candidate for the office of 2216
member of the general assembly to be incomplete or inaccurate, 2217
only the secretary of state shall send the notification as to the 2218
incomplete or inaccurate nature of the statement.2219

       Within twenty-one days after receipt of the notice, in the2220
case of a pre-election statement, a postelection statement, a 2221
monthly statement, or an annual statement prescribed by section 2222
3517.10, an annual statement prescribed by section 3517.101, or a 2223
statement prescribed by division (B)(2)(b) or (C)(2)(b) of section 2224
3517.105 or section 3517.107 of the Revised Code, the recipient 2225
shall file an addendum, amendment, or other correction to the 2226
statement providing the information necessary to complete or 2227
correct the statement. The secretary of state may require that, in 2228
lieu of filing an addendum, amendment, or other correction to a 2229
statement that is filed by electronic means of transmission to the 2230
office of the secretary of state or on computer disk with the 2231
appropriate board of elections pursuant to section 3517.106 of the2232
Revised Code, the recipient of the notice described in this 2233
division file by electronic means of transmission, or, until March 2234
1, 2004, on computer disk with the appropriate board of elections 2235
if the original statement was filed on computer disk, an amended 2236
statement that incorporates the information necessary to complete 2237
or correct the statement. The secretary of state shall determine 2238
by rule when an addendum, amendment, or other correction to a2239
two-business-day statement prescribed by section 3517.10 of the 2240
Revised Code or an amended two-business-day statement shall be2241
filed. An addendum, amendment, or other correction to a statement 2242
that is filed by electronic means of transmission or on computer 2243
disk pursuant to section 3517.106 of the Revised Code shall be 2244
filed in the same manner as the statement. The provisions of 2245
sections 3517.10 and 3517.106 of the Revised Code pertaining to2246
the filing of statements of contributions and expenditures and 2247
statements of independent expenditures by electronic means of 2248
transmission or on computer disk apply to the filing of addenda, 2249
amendments, or other corrections to those statements by electronic 2250
means of transmission or, until March 1, 2004, on computer disk 2251
and the filing of amended statements by electronic means of2252
transmission or, until March 1, 2004, on computer disk.2253

       (b) Within five business days after the secretary of state2254
receives, by electronic or other means of transmission, an2255
addendum, amendment, or other correction to a statement or an2256
amended statement under division (B)(3)(a) of this section, the2257
secretary of state, pursuant to divisions (E), (F), (G), and (I)2258
of section 3517.106 of the Revised Code, shall make the2259
contribution and expenditure information in that addendum,2260
amendment, correction, or amended statement available online to2261
the public through the internet. As used in this division,2262
"internet" has the same meaning as in section 3517.106 of the2263
Revised Code.2264

       (4)(a) The secretary of state or the board of elections shall2265
examine all statements for compliance with sections 3517.08 to2266
3517.17 of the Revised Code.2267

       (b) The secretary of state may contract with an individual or 2268
entity not associated with the secretary of state and experienced 2269
in interpreting the campaign finance law of this state to conduct 2270
examinations of statements filed by any statewide candidate, as 2271
defined in section 3517.103 of the Revised Code.2272

       (c) The examination shall be conducted by a person or entity2273
qualified to conduct it. The results of the examination shall be2274
available to the public, and, when the examination is conducted by2275
an individual or entity not associated with the secretary of2276
state, the results of the examination shall be reported to the2277
secretary of state.2278

       (C)(1) In the event of a failure to file or a late filing of2279
a statement required to be filed under sections 3517.081 to2280
3517.17 of the Revised Code or if a filed statement or any2281
addendum to the statement, if an addendum is required to be filed,2282
is incomplete or inaccurate or appears to disclose a failure to2283
comply with or a violation of law, the official whose duty it is2284
to examine the statement shall promptly file a complaint with the2285
Ohio elections commission under section 3517.153 of the Revised2286
Code if the law is one over which the commission has jurisdiction2287
to hear complaints, or the official shall promptly report the2288
failure or violation to the board of elections and the board shall2289
promptly report it to the prosecuting attorney in accordance with2290
division (J) of section 3501.11 of the Revised Code. If the2291
official files a complaint with the commission, the commission2292
shall proceed in accordance with sections 3517.154 to 3517.157 of2293
the Revised Code.2294

       (2) For purposes of division (C)(1) of this section, a2295
statement or an addendum to a statement required to be filed under2296
sections 3517.081 to 3517.17 of the Revised Code is incomplete or2297
inaccurate under this section if the statement or addendum fails2298
to disclose substantially all contributions that are received from2299
a source and that are required to be reported under sections2300
3517.10, 3517.107, and 3517.108 of the Revised Code or if the2301
statement or addendum fails to disclose at least ninety per cent2302
of the total contributions received or of the total expenditures2303
made during the reporting period.2304

       (D) No certificate of nomination or election shall be issued2305
to a person, and no person elected to an office shall enter upon2306
the performance of the duties of that office, until that person or2307
that person's campaign committee, as appropriate, has fully2308
complied with this section and sections 3517.08, 3517.081,2309
3517.10, and 3517.13 of the Revised Code.2310

       Sec. 5145.31.  (A) As used in this section:2311

       (1) "Computer,", "computer," "computer network," "computer2312
system," "computer services," "telecommunications service," and2313
"information service" have the same meanings as in section 2913.012314
of the Revised Code.2315

       (2) "Internet" has the same meaning as in section 341.42 of2316
the Revised Code.2317

       (B) No officer or employee of a correctional institution2318
under the control or supervision of the department of2319
rehabilitation and correction shall provide a prisoner access to2320
or permit a prisoner to have access to the internet through the2321
use of a computer, computer network, computer system, computer2322
services, telecommunications service, or information service2323
unless both of the following apply:2324

       (1) The prisoner is participating in an approved educational2325
program with direct supervision that requires the use of the2326
internet for training or research purposes.2327

       (2) The provision of and access to the internet is in2328
accordance with rules promulgated by the department of2329
rehabilitation and correction pursuant to section 5120.62 of the2330
Revised Code.2331

       (C)(1) No prisoner in a correctional institution under the2332
control or supervision of the department of rehabilitation and2333
correction shall access the internet through the use of a2334
computer, computer network, computer system, computer services,2335
telecommunications service, or information service unless both of2336
the following apply:2337

       (a) The prisoner is participating in an approved educational2338
program with direct supervision that requires the use of the2339
internet for training or research purposes.2340

       (b) The provision of and access to the internet is in2341
accordance with rules promulgated by the department of2342
rehabilitation and correction pursuant to section 5120.62 of the2343
Revised Code.2344

       (2) Whoever violates division (C)(1) of this section is2345
guilty of improper internet access, a misdemeanor of the first2346
degree.2347

       Sec. 5703.49.  (A) As used in this section, "internet" means2348
the international computer network of both federal and nonfederal2349
interoperable packet switched data networks, including the2350
graphical subnetwork known as the world wide web.2351

       (B) On or before December 31, 2001, the tax commissioner2352
shall establish an electronic site accessible through the2353
internet. The tax commissioner shall provide access on the site2354
for each municipal corporation that has not established its own2355
electronic site to post documents or information required under2356
section 718.07 of the Revised Code. The tax commissioner shall2357
provide electronic links for each municipal corporation that2358
establishes a site under that section and for which a uniform2359
resource locator has been provided to the tax commissioner. The2360
tax commissioner is not responsible for the accuracy of the posted2361
information, and is not liable for any inaccurate or outdated2362
information provided by a municipal corporation. The tax2363
commissioner may adopt rules governing the format and means of2364
submitting such documents or information and other matters2365
necessary to implement this section. The tax commissioner may2366
charge municipal corporations a fee to defray the cost of2367
establishing and maintaining the electronic site established under2368
this section.2369

       (C)(B) The tax commissioner shall deposit any fees received2370
under this section to the credit of the municipal internet site2371
fund, which is hereby created in the state treasury. The2372
commissioner shall use the fund for costs of establishing and2373
maintaining the electronic site established under this section.2374

       Section 2. That existing sections 1.59, 9.08, 9.314, 101.691,2375
125.072, 149.38, 149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 2376
753.32, 955.013, 1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 2377
5145.31, and 5703.49 of the Revised Code are hereby repealed.2378