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 |
(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 |
Sec. 101.691. (A) Either house of the
general assembly or
any | 148 |
legislative agency may
dispose of any
excess or surplus
supplies | 149 |
that it possesses by
sale, lease,
donation, or other
transfer, | 150 |
including, but not
limited to, sale
by public auction
over the | 151 |
internet, as defined
in section 341.42
of the Revised
Code. | 152 |
Nothing in this division
prohibits either house of the
general | 153 |
assembly or a legislative agency from having the
director
of | 154 |
administrative services dispose of excess or surplus
supplies
of | 155 |
that house under sections 125.12 to 125.14 of the
Revised Code. | 156 |
Sec. 149.38. (A) There is hereby created in each county a | 190 |
county records commission, composed of the president of the board | 191 |
of county commissioners as chairmanchairperson, the prosecuting | 192 |
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 the | 195 |
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 recordsa | 209 |
list of those records shall be sent to the auditor of state.
If he | 210 |
the auditor of state disapproves the action by the county | 211 |
commission in whole or
in part, hethe auditor of state shall so | 212 |
inform the commission
within a period of
sixty days, and these | 213 |
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 |
Sec. 304.02. Prior to the use of electronic records and | 337 |
electronic signatures by a county office under Chapter 1306. of | 338 |
the Revised Code, and except as otherwise provided in section | 339 |
955.013 of the Revised Code, a county office shall adopt, in | 340 |
writing, a
security procedure for the purpose of verifying that an | 341 |
electronic
signature, record, or performance is that of a specific | 342 |
person or
for detecting changes or errors in the information in an | 343 |
electronic record. A
security procedure includes, but is not | 344 |
limited to, a procedure that requires the use of algorithms or | 345 |
other codes, identifying words or numbers, encryption, or callback | 346 |
or other acknowledgment procedures.
| 347 |
Sec. 307.12. (A) Except as otherwise provided in
divisions | 367 |
(B), (C), and (E) of this section, when the board of
county | 368 |
commissioners
finds, by resolution, that the county has
personal | 369 |
property,
including motor vehicles acquired for the use
of county | 370 |
officers
and departments, and road machinery, equipment,
tools, or | 371 |
supplies, which is not needed for public use, or is
obsolete or | 372 |
unfit for the use for which it was acquired, and when
the fair | 373 |
market value of the property to be sold under this
division is, in | 374 |
the opinion
of the board, in excess of two
thousand five hundred | 375 |
dollars, the board
may do either of the
following: | 376 |
(B) When the board of county commissioners finds, by | 399 |
resolution, that the
county has personal property, including motor | 400 |
vehicles acquired for the use of
county officers and departments, | 401 |
and road machinery, equipment, tools, or
supplies, which is not | 402 |
needed for public use, or is obsolete or unfit
for the use for | 403 |
which it was acquired, and when the fair market value of the | 404 |
property to be sold under this division is, in the opinion of the | 405 |
board, two
thousand five hundred dollars or less, the board may | 406 |
sell the property by
private sale, without advertisement or public | 407 |
notification. | 408 |
(C)
Notwithstanding anything to the contrary in division
(A), | 415 |
(B), or (E) of this section and regardless of the property's | 416 |
value, the board of county commissioners may sell personal | 417 |
property, including motor vehicles acquired for the use of county | 418 |
officers and departments, and road machinery, equipment, tools, or | 419 |
supplies, which is not needed for public use, or is obsolete or | 420 |
unfit for the use for which it was acquired, by internet auction. | 421 |
The board shall adopt, during each calendar year, a resolution | 422 |
expressing its intent to sell that property by internet auction. | 423 |
The resolution shall include a description of how the auctions | 424 |
will be conducted and shall specify the number of days for bidding | 425 |
on the property, which shall be no less than fifteen days, | 426 |
including
Saturdays, Sundays, and legal holidays. The resolution | 427 |
shall
indicate whether the county will conduct the auction or the | 428 |
board will contract with a representative to
conduct the auction | 429 |
and shall establish the general terms and
conditions of sale. If
a | 430 |
representative is known when
the resolution is adopted, the | 431 |
resolution shall provide contact
information such as the | 432 |
representative's name, address, and telephone
number. | 433 |
After adoption of the resolution, the board shall
publish, in | 434 |
a newspaper of general circulation in the
county, notice of
its | 435 |
intent to sell unneeded, obsolete, or unfit county
personal | 436 |
property by internet auction. The notice shall include a
summary | 437 |
of the information provided in the resolution and shall be | 438 |
published at least twice. The second and any subsequent notice | 439 |
shall be published not less than ten nor more than twenty days | 440 |
after the previous notice. A similar notice also shall be posted | 441 |
continually throughout the calendar year in a conspicuous place in | 442 |
the offices of the county auditor and the board of county | 443 |
commissioners, and, if the county maintains a website on the | 444 |
internet, the notice shall be posted continually throughout the | 445 |
calendar year at that website. | 446 |
(D) When a county
officer or department head determines
that | 456 |
county-owned personal
property under the jurisdiction
of the | 457 |
officer or department head,
including motor vehicles, road | 458 |
machinery, equipment, tools, or
supplies, is not of immediate | 459 |
need, the county
officer or
department head may notify the board | 460 |
of county
commissioners,
and
the board may lease
that
personal | 461 |
property to any municipal
corporation, township, or other | 462 |
political subdivision of the
state.
The
lease shall require
the | 463 |
county to be reimbursed
under terms, conditions, and
fees | 464 |
established by the board, or under
contracts
executed by the | 465 |
board. | 466 |
(E) If the board
of county commissioners finds,
by | 467 |
resolution, that the county
has vehicles, equipment, or
machinery | 468 |
which is not needed, or is
unfit for public use, and the
board | 469 |
desires to sell
the
vehicles, equipment, or machinery
to the | 470 |
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
the | 473 |
selling
price credited to the person or firm
against the purchase | 474 |
price
of other vehicles, equipment, or
machinery. | 475 |
(F) If the board
of county commissioners
advertises for bids | 476 |
for the sale of
new vehicles, equipment, or
machinery to the | 477 |
county, it may
include in the same advertisement
a notice of the | 478 |
willingness of
the board to accept bids for
the purchase of | 479 |
county-owned
vehicles, equipment, or machinery
which is obsolete | 480 |
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 lowest | 483 |
responsible
bidder. | 484 |
Sec. 505.10. The board of township trustees may accept, on | 536 |
behalf of the township, the donation by bequest, devise, deed of | 537 |
gift, or otherwise, of any
real or personal
property
for any | 538 |
township use. When the township has property, including
motor | 539 |
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
in | 544 |
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
hundred | 549 |
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 |
(3) If the board finds, by resolution, that the
township has | 562 |
motor vehicles, road machinery, equipment, or tools
which are not | 563 |
needed or
are unfit for public use, and the
board wishes
to sell
| 564 |
the motor vehicles, road machinery,
equipment, or tools
to the | 565 |
person or firm from which it proposes
to purchase other
motor | 566 |
vehicles, road machinery, equipment, or
tools, the board
may offer | 567 |
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
new | 572 |
motor vehicles, road machinery, equipment, or tools to the | 573 |
township, it may include in the same advertisement a notice of
the | 574 |
willingness of the board to accept bids for the purchase of | 575 |
township-owned motor vehicles, road machinery, equipment, or
tools | 576 |
which are obsolete or not needed for public use, and to
have the | 577 |
amount of
those bids subtracted from the selling
price of
the new | 578 |
motor vehicles, road machinery, equipment, or
tools, as a
means of | 579 |
determining the lowest responsible bidder. | 580 |
(C) Notwithstanding anything to the contrary in division
(A) | 605 |
or (B) of this section and regardless of the property's value,
the | 606 |
board of township trustees may sell personal property,
including | 607 |
motor vehicles, road machinery, equipment, tools, or
supplies, | 608 |
which is not needed for public use, or is obsolete or
unfit for | 609 |
the use for which it was acquired, by internet auction.
The board | 610 |
shall adopt, during each calendar year, a resolution
expressing | 611 |
its intent to sell that property by internet auction.
The | 612 |
resolution shall include a description of how the auctions
will be | 613 |
conducted and shall specify the number of days for bidding
on the | 614 |
property, which shall be no less than fifteen days,
including | 615 |
Saturdays, Sundays, and legal holidays. The resolution
shall | 616 |
indicate whether the township will conduct the auction or
the | 617 |
board will contract with a representative to conduct the
auction | 618 |
and shall establish the general terms and
conditions of
sale. If
a | 619 |
representative is known when
the resolution is
adopted, the | 620 |
resolution shall provide contact
information such as
the | 621 |
representative's name, address, and telephone
number. | 622 |
After adoption of the resolution, the board shall
publish, in | 623 |
a newspaper of general circulation in the township, notice of its | 624 |
intent to sell unneeded, obsolete, or unfit township personal | 625 |
property by internet auction. The notice shall include a
summary | 626 |
of the information provided in the resolution and shall be | 627 |
published at least twice. The second and any subsequent notice | 628 |
shall be published not less than ten nor more than twenty days | 629 |
after the previous notice. A clerk also shall post a similar | 630 |
notice throughout the calendar year in a conspicuous place in the | 631 |
board's office, and, if the township maintains a website on the | 632 |
internet, the notice shall be posted continually throughout the | 633 |
calendar year at that website. | 634 |
On and after January 1, 2002, each municipal corporation that | 652 |
imposes a tax on income shall make electronic versions of any | 653 |
rules or
ordinances governing the tax available to the public | 654 |
through the internet, including, but not limited to, ordinances or | 655 |
rules governing the rate of tax; payment and withholding of taxes; | 656 |
filing any prescribed returns, reports, or other documents;
dates | 657 |
for filing or paying taxes, including estimated
taxes; penalties, | 658 |
interest, assessment, and other collection
remedies; rights of | 659 |
taxpayers to appeal; and procedures for filing
appeals. On and | 660 |
after that date, any municipal
corporation that
requires taxpayers | 661 |
to file income tax returns, reports, or other documents
shall make | 662 |
blanks of such returns, reports, or documents, and any | 663 |
instructions
pertaining thereto, available to the public | 664 |
electronically through the internet. Electronic versions of rules, | 665 |
ordinances,
blanks, and instructions
shall be made available | 666 |
either by posting them on the electronic site
established by the | 667 |
tax commissioner under section 5703.49 of the Revised Code or by | 668 |
posting
them on an electronic site established by the
municipal | 669 |
corporation that is accessible through the internet. If a | 670 |
municipal
corporation
establishes such an electronic site, the | 671 |
municipal corporation
shall incorporate an
electronic link between | 672 |
that site and the site established pursuant to section
5703.49 of | 673 |
the Revised Code, and shall provide to the tax
commissioner the | 674 |
uniform resource locator of the site established
pursuant to this | 675 |
division. | 676 |
Sec. 721.15.
(A) Personal property not needed for municipal | 677 |
purposes, the estimated value of which is less than one thousand | 678 |
dollars, may be sold by the board or officer having supervision
or | 679 |
management
of that property. If the estimated value of
that | 680 |
property
is one thousand dollars
or more, it
shall be sold only | 681 |
when
authorized by an ordinance of the
legislative authority of | 682 |
the
municipal corporation and approved by
the board, officer, or | 683 |
director having supervision or management
of
that
property. When | 684 |
so authorized, the
board, officer, or director
shall make a | 685 |
written contract with the
highest and best bidder
after | 686 |
advertisement for not less than two
or more than four
consecutive | 687 |
weeks in a newspaper of general
circulation within
the municipal | 688 |
corporation, or with a board of
county
commissioners upon such | 689 |
lawful terms as are agreed upon, as
provided by section 721.27 of | 690 |
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
legislative | 700 |
authority may offer to sell,
or authorize a board,
officer, or | 701 |
director of
the municipal
corporation having
supervision or | 702 |
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 the | 715 |
purchase of municipally-owned
vehicles,
equipment, or machinery | 716 |
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 |
(D) Notwithstanding anything to the contrary in division
(A) | 725 |
or (B) of this section and regardless of the property's value,
the | 726 |
legislative authority of a municipal corporation may sell
personal | 727 |
property, including motor vehicles acquired for the use
of | 728 |
municipal officers and departments, and road machinery,
equipment, | 729 |
tools, or supplies, which is not needed for public use,
or is | 730 |
obsolete or unfit for the use for which it was acquired, by | 731 |
internet auction. The legislative authority shall adopt, during | 732 |
each calendar year, a resolution expressing its intent to sell | 733 |
that property by internet auction.
The resolution shall include a | 734 |
description of how the auctions
will be conducted and shall | 735 |
specify the number of days for bidding
on the property, which | 736 |
shall be no less than fifteen days, including
Saturdays, Sundays, | 737 |
and legal holidays. The resolution shall indicate whether the | 738 |
municipal corporation will conduct the auction or the legislative | 739 |
authority will contract with a representative to conduct the | 740 |
auction and shall establish the general terms and
conditions of | 741 |
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 authority | 745 |
shall publish, in a newspaper of general circulation in the | 746 |
municipal corporation, notice of its intent to sell unneeded, | 747 |
obsolete, or unfit municipal personal property by internet | 748 |
auction. The notice shall include a
summary
of the information | 749 |
provided in the resolution and shall be
published at least twice. | 750 |
The second and any subsequent notice
shall be published not less | 751 |
than ten nor more than twenty days
after the previous notice. A | 752 |
similar notice also shall be posted
continually throughout the | 753 |
calendar year in a conspicuous place in the offices of the village | 754 |
clerk or city auditor, and the legislative authority, and, if the | 755 |
municipal corporation maintains a website on the internet, the | 756 |
notice shall be posted continually throughout the calendar year at | 757 |
that website. | 758 |
When the property is to be sold by internet auction, the | 759 |
legislative authority or its representative may establish a | 760 |
minimum
price that
will be accepted for specific items and may | 761 |
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 the | 764 |
internet
at the time of the auction and may be provided before | 765 |
that time
upon request after the terms and conditions have been | 766 |
determined
by the legislative authority or its representative. | 767 |
(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 |
(C) No person shall use a computer, a computer network, or | 944 |
the computer services of an electronic mail service provider to | 945 |
transmit an electronic mail advertisement in contravention of the | 946 |
authority granted by, or in violation of the policies related to | 947 |
electronic mail advertisements set by, the
electronic mail service | 948 |
provider if the electronic mail service provider has provided the | 949 |
person notice of those policies. For the purposes of this | 950 |
division, notice of those policies shall be deemed sufficient if | 951 |
an electronic mail service provider maintains an easily accessible | 952 |
web page containing its policies regarding electronic mail | 953 |
advertisements and can demonstrate that notice was supplied via | 954 |
electronic means between the sending and receiving computers. | 955 |
(G) In addition to any recovery that is allowed
under | 989 |
divisions (E) or (F) of this section, the recipient of
an | 990 |
electronic mail
advertisement transmitted in violation of division | 991 |
(B) of this
section or the electronic mail service provider of an | 992 |
advertisement transmitted in violation of division (C) of this | 993 |
section may apply to
the court
of common pleas of the county in | 994 |
which the recipient resides or the service provider is located for | 995 |
an order
enjoining the person who
transmitted or caused to be | 996 |
transmitted that electronic mail
advertisement from
transmitting | 997 |
or causing to be transmitted to
the
recipient any additional | 998 |
electronic mail
advertisement. | 999 |
(H) No person shall use a computer, a
computer network, a | 1000 |
computer program, or the computer services of an electronic mail | 1001 |
service provider with the intent to forge an originating address | 1002 |
or other routing information, in any manner, in connection with | 1003 |
the
transmission of an electronic mail advertisement through or | 1004 |
into
the network of an electronic mail service provider or its | 1005 |
subscribers. Each use of a computer, a computer network, a | 1006 |
computer program, or the computer services of an electronic mail | 1007 |
service provider in violation of this division constitutes a | 1008 |
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 this | 1011 |
division, every campaign committee, political action committee, | 1012 |
legislative campaign fund, political party, and political | 1013 |
contributing entity
that made or received a contribution or made | 1014 |
an expenditure in connection with the nomination or election of | 1015 |
any candidate or in connection with any ballot issue or question | 1016 |
at any election held or to be held in this state shall file, on a | 1017 |
form prescribed under this section, by electronic means of | 1018 |
transmission as provided in this section and section 3517.106 of | 1019 |
the Revised
Code, or, until
March 1,
2004, on computer disk
as | 1020 |
provided in section 3517.106 of the Revised Code, a
full, true, | 1021 |
and
itemized
statement, made under penalty of election | 1022 |
falsification, setting
forth in detail the contributions and | 1023 |
expenditures, no later than
four p.m. of the following dates: | 1024 |
The statement required under division (A)(1) of this
section | 1044 |
shall not be required of any campaign committee,
political action | 1045 |
committee, legislative campaign
fund, political party, or | 1046 |
political contributing
entity that has
received
contributions of | 1047 |
less than one thousand dollars and has made
expenditures of less | 1048 |
than one thousand dollars at the close of
business on the | 1049 |
twentieth day before the election. Those contributions and | 1050 |
expenditures shall be reported in the statement required under | 1051 |
division (A)(2)
of this section. | 1052 |
No statement under division (A)(3) of this section shall be | 1066 |
required for any year in which a campaign committee, political | 1067 |
action committee, legislative campaign fund,
political party, or | 1068 |
political contributing entity is required to
file a
postgeneral | 1069 |
election statement under
division (A)(2)
of this
section.
However, | 1070 |
such a statement may be filed, at the option
of the
campaign | 1071 |
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 be | 1074 |
required if the campaign committee, political action committee, | 1075 |
legislative campaign fund, political party, or political | 1076 |
contributing entity has no
contributions that it has received and | 1077 |
no expenditures that it has made since the
last date reflected in | 1078 |
its last previously filed statement.
However, the campaign | 1079 |
committee, political action committee,
legislative campaign fund, | 1080 |
political party, or political
contributing entity shall
file a | 1081 |
statement to that effect, on a form prescribed under this
section | 1082 |
and made under penalty of election falsification, on the
date | 1083 |
required in division (A)(3) of this section. | 1084 |
The campaign committee of a statewide candidate shall
file a | 1085 |
monthly statement of contributions received during each of
the | 1086 |
months of July, August, and September
in the year of the general | 1087 |
election in which the candidate seeks
office. The campaign | 1088 |
committee of a statewide candidate shall
file the monthly | 1089 |
statement
not later than three business days after the last day of | 1090 |
the
month covered by the statement. During the period
beginning
on | 1091 |
the
nineteenth day before the general election in which a | 1092 |
statewide candidate
seeks election to office and extending through | 1093 |
the day of that general
election, each time the campaign committee | 1094 |
of the joint candidates for the
offices of governor and
lieutenant | 1095 |
governor or of a candidate for the office of secretary of state, | 1096 |
auditor of state, treasurer of state, or attorney general receives | 1097 |
a
contribution from a contributor that causes the aggregate amount | 1098 |
of contributions received from that contributor during that
period | 1099 |
to equal or exceed two thousand five hundred dollars and each time | 1100 |
the
campaign committee of a candidate for the office of chief | 1101 |
justice or
justice of the supreme court receives a contribution | 1102 |
from a
contributor that causes the aggregate amount of | 1103 |
contributions
received from that contributor during that period to | 1104 |
exceed five
hundred dollars, the campaign committee
shall file a | 1105 |
two-business-day statement reflecting that
contribution. During | 1106 |
the period beginning on the nineteenth
day before a
primary | 1107 |
election in which a candidate for statewide
office seeks | 1108 |
nomination to office and extending through the day
of that primary | 1109 |
election, each time either the campaign committee of a
statewide | 1110 |
candidate in that primary election that files a
notice under | 1111 |
division (C)(1) of section 3517.103 of the Revised Code or the | 1112 |
campaign committee
of a statewide candidate in that primary | 1113 |
election to which, in
accordance with division (D) of section | 1114 |
3517.103 of the
Revised Code, the contribution limitations | 1115 |
prescribed in
section 3517.102 of the Revised Code
no longer apply | 1116 |
receives a contribution
from a contributor that causes the | 1117 |
aggregate amount of
contributions received from that contributor | 1118 |
during that period
to exceed two thousand five hundred dollars, | 1119 |
the campaign
committee shall file a two-business-day statement | 1120 |
reflecting
that contribution.
Contributions reported on a | 1121 |
two-business-day statement
required to be filed by a campaign | 1122 |
committee of a statewide
candidate in a primary election shall | 1123 |
also be included
in the postprimary election statement required to | 1124 |
be filed by
that campaign committee under division (A)(2) of this | 1125 |
section. A two-business-day statement required by this
paragraph | 1126 |
shall be filed not
later than two business days after receipt of | 1127 |
the contribution. The
statements required by this paragraph shall | 1128 |
be filed in
addition to any other statements required by this | 1129 |
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 the | 1138 |
campaign committee
is required to file a preelection, | 1139 |
postelection, or
monthly statement of contributions and | 1140 |
expenditures by
electronic means of transmission under this | 1141 |
section or section
3517.106 of the Revised
Code. | 1142 |
If a campaign committee or political action committee has
no | 1143 |
balance on hand and no outstanding obligations and desires to | 1144 |
terminate itself, it shall file a statement to that effect, on a | 1145 |
form prescribed under this section and made under penalty of | 1146 |
election falsification, with the official with whom it files a | 1147 |
statement under division (A) of this section after filing a final | 1148 |
statement of contributions and a final statement of expenditures, | 1149 |
if contributions have been received or expenditures made since
the | 1150 |
period reflected in its last previously filed statement. | 1151 |
(b)(i) The full name and address of each person, political | 1170 |
party, campaign committee, legislative campaign fund,
political | 1171 |
action committee, or political contributing entity
from whom | 1172 |
contributions are received and the
registration number assigned to | 1173 |
the
political action committee under division (D)(1) of this | 1174 |
section. The requirement of filing the full address does not
apply | 1175 |
to any statement filed by a state or local committee of a | 1176 |
political
party, to a finance committee of
such committee, or to a | 1177 |
committee recognized by a state or local
committee as its | 1178 |
fund-raising auxiliary. Notwithstanding
division (F)(1) of this | 1179 |
section, the requirement of filing the full
address shall be | 1180 |
considered as being met if the address filed is
the same address | 1181 |
the contributor provided under division
(E)(1) of this section. | 1182 |
(iii) If a campaign committee of a statewide candidate or | 1189 |
candidate for the office of member of the general assembly | 1190 |
receives a
contribution transmitted pursuant to
section 3599.031 | 1191 |
of the Revised Code from
amounts deducted from the wages and | 1192 |
salaries of two or more
employees that exceeds
in the aggregate | 1193 |
one hundred dollars during any one filing period
under division | 1194 |
(A)(1), (2), or (3) of this section, the full
name of the | 1195 |
employees' employer and the full name of the labor organization
of | 1196 |
which the employees are members, if any. | 1197 |
(e) A separately itemized account of all contributions and | 1201 |
expenditures regardless of the amount, except a receipt of a | 1202 |
contribution from a person in the sum of twenty-five dollars or | 1203 |
less at one social or fund-raising activity and a receipt of a | 1204 |
contribution
transmitted pursuant to section 3599.031 of the | 1205 |
Revised Code from amounts
deducted from the wages and salaries of | 1206 |
employees if the contribution from the
amount deducted from the | 1207 |
wages and salary of any one employee is twenty-five
dollars or | 1208 |
less aggregated in a calendar year. An account of the total | 1209 |
contributions from each social or fund-raising activity shall | 1210 |
include a
description of and the value of each in-kind | 1211 |
contribution received at that
activity from any person who made | 1212 |
one or more
such contributions whose aggregate value exceeded two | 1213 |
hundred
fifty dollars and shall be listed separately, together | 1214 |
with the expenses
incurred and paid in connection with that | 1215 |
activity. A campaign committee,
political action committee, | 1216 |
legislative campaign fund, political
party, or political | 1217 |
contributing entity
shall keep records of contributions from each | 1218 |
person in the amount of
twenty-five dollars or less at one social | 1219 |
or fund-raising activity and
contributions from amounts deducted | 1220 |
under section 3599.031 of the Revised Code
from the wages and | 1221 |
salary of each employee in the amount of twenty-five
dollars or | 1222 |
less aggregated in a calendar year. No continuing association
that | 1223 |
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 the | 1226 |
auxiliary shall be required to list
the name or address of any | 1227 |
members who paid those dues. | 1228 |
(f) In the case of a campaign committee of a
state elected | 1234 |
officer, if a person doing business with the state elected
officer | 1235 |
in the officer's official capacity makes a contribution to
the | 1236 |
campaign committee of that officer, the information required
under | 1237 |
division (B)(4) of this section in regard to that
contribution, | 1238 |
which shall be filed together with and considered a
part of the | 1239 |
committee's statement of contributions as required
under division | 1240 |
(A) of this section but shall be filed on
a separate form provided | 1241 |
by the secretary of state. As used in
division (B)(4)(f) of this | 1242 |
section: | 1243 |
(C)(1) The statement of contributions and expenditures
shall | 1262 |
be signed by the person completing the form. If a statement of | 1263 |
contributions and expenditures is filed by electronic means of | 1264 |
transmission
pursuant to this
section or section 3517.106 of the | 1265 |
Revised Code, the
electronic signature of the person who executes | 1266 |
the statement and transmits
the statement by electronic means of | 1267 |
transmission, as
provided in division (H) of section 3517.106 of | 1268 |
the Revised
Code, shall be attached to or associated with the | 1269 |
statement and shall
be binding on all persons and for all purposes | 1270 |
under the campaign finance
reporting law as if the
signature had | 1271 |
been handwritten in ink on a printed form. | 1272 |
(5) The campaign committee of any person who attempts to | 1290 |
become
a candidate and who, for any reason, does not become | 1291 |
certified in
accordance with Title XXXV of the Revised Code for | 1292 |
placement on
the official ballot of a primary, general, or special | 1293 |
election to
be held in this state, and who, at any time prior to | 1294 |
or after an
election, receives contributions or makes | 1295 |
expenditures, or has
given consent for another to receive | 1296 |
contributions or make
expenditures, for the purpose of bringing | 1297 |
about the person's
nomination or election to public office, shall | 1298 |
file the statement
or statements prescribed by this section and a | 1299 |
termination
statement, if applicable. This paragraph does not | 1300 |
apply to any
person with respect to an election to the offices of | 1301 |
member of a
county or state central committee, presidential | 1302 |
elector, or
delegate to a national convention or conference of a | 1303 |
political
party. | 1304 |
(b) The secretary of state shall prescribe the form for all | 1310 |
statements
required to be
filed under this section
and
shall | 1311 |
furnish the forms to the boards of elections in
the several | 1312 |
counties. The boards
of elections shall supply printed copies of | 1313 |
those forms without charge. The
secretary of state
shall
prescribe | 1314 |
the appropriate methodology, protocol, and data file
structure for | 1315 |
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
training | 1330 |
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 secretary | 1338 |
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 |
(D)(1) Prior to receiving a contribution or making an | 1350 |
expenditure, every
campaign committee, political action
committee, | 1351 |
legislative campaign fund, political party, or
political | 1352 |
contributing entity
shall appoint a treasurer and shall
file, on a | 1353 |
form prescribed by the secretary of state, a
designation of that | 1354 |
appointment,
including the full name and address of the treasurer | 1355 |
and of the
campaign committee, political
action committee, | 1356 |
legislative campaign fund, political
party, or political | 1357 |
contributing entity. That designation shall
be filed with
the | 1358 |
official with whom the campaign committee,
political action | 1359 |
committee, legislative campaign fund,
political party, or | 1360 |
political contributing entity is required to
file statements under | 1361 |
section 3517.11 of the
Revised Code. The name of a campaign | 1362 |
committee shall include at least the
last name of the campaign | 1363 |
committee's candidate. The secretary of
state shall assign a | 1364 |
registration number to each political action
committee that files | 1365 |
a designation of the appointment of a treasurer under
division | 1366 |
(D)(1) of this section if the political action committee is | 1367 |
required
by division (A)(1) of section 3517.11 of the Revised Code | 1368 |
to file the
statements prescribed by this section with the | 1369 |
secretary of state. | 1370 |
(c) A state or county political party may
establish a state | 1382 |
candidate fund that is separate from an account that
contains the | 1383 |
public moneys received from the Ohio political party fund
under | 1384 |
section 3517.17 of the Revised Code and from all other funds. A | 1385 |
state
or county political party may deposit into its state | 1386 |
candidate fund any
amounts of monetary contributions that are made | 1387 |
to or accepted by the
political party subject to the applicable | 1388 |
limitations, if any, prescribed in
section 3517.102 of the Revised | 1389 |
Code. A state or county political party
shall deposit all other | 1390 |
monetary contributions received by the
party into one or more | 1391 |
accounts
that are separate from its state candidate fund and from | 1392 |
its account that contains the public moneys received from the Ohio | 1393 |
political party fund under section 3517.17 of the Revised Code. | 1394 |
(d) Each state political party shall have only one | 1395 |
legislative campaign fund
for each house of the general assembly. | 1396 |
Each such fund shall be separate from
any other funds or accounts | 1397 |
of that state party. A legislative campaign fund
is authorized to | 1398 |
receive contributions and make expenditures for the primary | 1399 |
purpose of furthering the election of candidates who are members | 1400 |
of that
political party to the house of the general assembly with | 1401 |
which that
legislative campaign fund is associated. Each | 1402 |
legislative campaign fund shall
be administered and controlled in | 1403 |
a manner designated by the caucus. As used
in division (D)(3)(d) | 1404 |
of this section, "caucus" has the same meaning as in
section | 1405 |
3517.01 of the Revised Code and includes, as an ex officio member, | 1406 |
the
chairperson of the state political party with which the caucus | 1407 |
is
associated or that chairperson's designee. | 1408 |
(6) The secretary of
state, by rule adopted pursuant to | 1422 |
section 3517.23 of the
Revised
Code, shall prescribe the
manner of | 1423 |
immediately acknowledging, with date and time received, and | 1424 |
preserving the receipt of statements
that are transmitted by | 1425 |
electronic means of transmission to the secretary of
state | 1426 |
pursuant to this section or section 3517.106 of the
Revised
Code | 1427 |
and the manner of
preserving the contribution and expenditure | 1428 |
information in those statements.
The secretary of state
shall | 1429 |
preserve the contribution and expenditure information in those | 1430 |
statements for at least
ten years after the year in which they are | 1431 |
filed by electronic means of transmission. | 1432 |
(7) The secretary of state, pursuant to division
(I) of | 1433 |
section 3517.106 of the Revised Code, shall
make available online | 1434 |
to the public through the internet the contribution and | 1435 |
expenditure information in
all statements, all addenda, | 1436 |
amendments, or other corrections to statements,
and all amended | 1437 |
statements filed with the secretary of state by electronic or | 1438 |
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 3517.11 | 1440 |
of the Revised Code. The secretary of state
may remove the | 1441 |
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, or | 1444 |
political contributing entity
that makes a contribution in | 1445 |
connection with the nomination or election of any candidate or in | 1446 |
connection with any ballot issue or question at any election held | 1447 |
or to be held in this state shall provide its full name and | 1448 |
address to the recipient of the contribution at the time the | 1449 |
contribution is made. The political action committee also
shall | 1450 |
provide the registration number assigned to the committee under | 1451 |
division
(D)(1) of this section to the recipient of the | 1452 |
contribution at the time the
contribution is made. | 1453 |
(3) If a campaign committee shows that it has exercised its | 1462 |
best efforts to
obtain, maintain, and submit the information | 1463 |
required under divisions
(B)(4)(b)(ii) and (iii) of this section, | 1464 |
that committee is considered to have
met the requirements of those | 1465 |
divisions. A campaign committee shall not be
considered to have | 1466 |
exercised its best efforts unless, in connection with written | 1467 |
solicitations,
it regularly includes a written request for the | 1468 |
information required under
division (B)(4)(b)(ii) of this section | 1469 |
from the contributor or the information
required under division | 1470 |
(B)(4)(b)(iii) of this section from whoever transmits
the | 1471 |
contribution. | 1472 |
(1) "Address" means all of the
following if they exist: | 1478 |
apartment number, street, road, or
highway name and number, rural | 1479 |
delivery route number, city or
village, state, and zip code as | 1480 |
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 and | 1482 |
office, room, or suite number may be included in addition to but | 1483 |
not in lieu of an apartment, street, road, or highway name and | 1484 |
number. If an
address is required in this section, a
campaign | 1485 |
committee, political action committee, legislative campaign fund, | 1486 |
political party, or political contributing entity may use
the | 1487 |
business or residence address of its treasurer or deputy | 1488 |
treasurer. The post-office box number of the campaign committee, | 1489 |
political action committee, legislative campaign fund,
political | 1490 |
party, or political contributing entity may be used in
addition to | 1491 |
that address. | 1492 |
(H)(1) Except as otherwise provided in division (H)(2)
of | 1505 |
this section, if, during the combined preelection and postelection | 1506 |
reporting periods
for an election, a campaign committee has | 1507 |
received contributions of five
hundred dollars or less and has | 1508 |
made expenditures in the total amount of five
hundred dollars or | 1509 |
less, it may file a statement to that effect, under penalty
of | 1510 |
election falsification, in lieu of the statement required by | 1511 |
division
(A)(2) of this section. The statement shall indicate the | 1512 |
total
amount of contributions received and the total amount of | 1513 |
expenditures made
during those combined reporting periods. | 1514 |
(2) In the case of a successful candidate at a primary | 1515 |
election, if either
the
total contributions received by or the | 1516 |
total expenditures made by the
candidate's campaign committee | 1517 |
during the preprimary, postprimary, pregeneral,
and postgeneral | 1518 |
election periods combined equal more than five hundred
dollars, | 1519 |
the campaign committee may file the statement under division | 1520 |
(H)(1)
of this section only for the primary election. The first | 1521 |
statement that the
campaign committee files in regard to the | 1522 |
general election shall reflect all
contributions received and all | 1523 |
expenditures made during the preprimary and
postprimary election | 1524 |
periods. | 1525 |
(K)(1) In addition to filing a designation of appointment
of | 1549 |
a treasurer under division
(D)(1) of this section, the campaign | 1550 |
committee of any candidate
for an elected municipal office that | 1551 |
pays an annual amount of
compensation of five thousand dollars or | 1552 |
less, the campaign
committee of any candidate for member of a | 1553 |
board of education
except member of the state board of education, | 1554 |
or the campaign
committee of any candidate for township trustee or | 1555 |
township
clerk may sign, under penalty of election falsification, | 1556 |
a
certificate attesting that the committee will not accept | 1557 |
contributions during an election period that exceed in the | 1558 |
aggregate two thousand dollars from all contributors and one | 1559 |
hundred dollars from any one individual, and that the campaign | 1560 |
committee will not make expenditures during an election period | 1561 |
that exceed in the aggregate two thousand dollars. | 1562 |
(3) If, after filing a certificate under division (K)(1)
of | 1573 |
this section, a campaign committee exceeds any of the
limitations | 1574 |
described in that division during an election
period, the | 1575 |
certificate is void and thereafter the campaign
committee shall | 1576 |
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 this | 1580 |
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, nominating | 1584 |
petition, or declaration of intent to be a
write-in candidate. | 1585 |
(4) As used in division (K) of this section, "election | 1586 |
period" means the period of time beginning on the day a person | 1587 |
files a declaration of candidacy and petition, nominating | 1588 |
petition, or declaration of intent to be a write-in candidate | 1589 |
through the day of the election at which the person seeks | 1590 |
nomination to office if the person is not elected to office, or, | 1591 |
if the
candidate was nominated in a primary election,
the day of | 1592 |
the election at which the candidate seeks office. | 1593 |
(L) Notwithstanding division
(B)(4) of this
section, a | 1594 |
political contributing entity that receives
contributions from the | 1595 |
dues, membership fees, or other assessments of its
members or from | 1596 |
its officers,
shareholders, and employees may report the aggregate | 1597 |
amount of
contributions received from those contributors and the | 1598 |
number of
individuals making those contributions, for each filing | 1599 |
period
identified under divisions (A)(1), (2), and
(3) of this | 1600 |
section. Division
(B)(4) of this section applies
to a political | 1601 |
contributing entity with regard to contributions
it receives from | 1602 |
all other contributors. | 1603 |
(C)(1) The secretary of state shall make
available to the | 1634 |
campaign committees, political action
committees, political | 1635 |
contributing entities, legislative
campaign funds, political | 1636 |
parties, individuals,
partnerships, corporations, labor | 1637 |
organizations, and other entities
described in division (B) of | 1638 |
this section, and to
members of the news
media and other | 1639 |
interested persons, for a reasonable fee,
computer programs that | 1640 |
are compatible with the secretary of state's
method of storing the | 1641 |
information contained in the statements. | 1642 |
(E)(1) Subject to the secretary of state having implemented, | 1653 |
tested, and verified the successful operation of any system the | 1654 |
secretary of
state prescribes pursuant to division (H)(1) of this | 1655 |
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of | 1656 |
the Revised Code for the filing of campaign finance statements by | 1657 |
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 of | 1660 |
transmission or, if the total amount
of the contributions received | 1661 |
or the total amount of the
expenditures made by the campaign | 1662 |
committee for the applicable
reporting period as specified in | 1663 |
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 five | 1667 |
business days after a statement filed by a campaign committee of a | 1668 |
candidate for statewide office is received by the secretary of | 1669 |
state by
electronic or other means of transmission, the secretary | 1670 |
of state shall make
available online to the public
through the | 1671 |
internet, as provided in division (I) of this section,
the | 1672 |
contribution and expenditure information in that statement.
The | 1673 |
secretary
of state shall not make available online to the public | 1674 |
through the
internet any contribution or expenditure information | 1675 |
contained in a
statement for any candidate until the secretary of | 1676 |
state is able to make
available online to the public through the | 1677 |
internet the
contribution and expenditure information for all | 1678 |
candidates for a
particular office. As soon as the secretary of | 1679 |
state has
available all of that information, the secretary of | 1680 |
state shall
simultaneously make available online to the public | 1681 |
through the
internet the information for all candidates for a | 1682 |
particular
office. | 1683 |
(2) Subject to division (E)(3) of this section and subject
to | 1701 |
the
secretary of state having implemented, tested, and verified | 1702 |
the successful
operation of any system the secretary of state | 1703 |
prescribes pursuant to division
(H)(1) of this section and | 1704 |
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised | 1705 |
Code for the filing
of campaign finance statements by electronic | 1706 |
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 the | 1710 |
Revised
Code by electronic means of
transmission. | 1711 |
Within five business days after
a statement filed by a | 1712 |
political action committee or a political
contributing entity | 1713 |
described in division
(B)(2) of this section, a legislative | 1714 |
campaign fund, or a state
political party is received by the | 1715 |
secretary of state by electronic or other
means of transmission, | 1716 |
the secretary of state shall make available online to
the public | 1717 |
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 is | 1720 |
found to be
incomplete or inaccurate after the examination of the | 1721 |
statement
for completeness and accuracy pursuant to division | 1722 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political | 1723 |
action
committee, political contributing entity, legislative | 1724 |
campaign
fund, or state political party shall file by electronic | 1725 |
means of transmission
any addendum to the
statement that provides | 1726 |
the information necessary to complete or
correct the statement or, | 1727 |
if required by the secretary of state under that
division, an | 1728 |
amended statement. | 1729 |
Within five business days after the secretary of state | 1730 |
receives from a
political action committee or a political | 1731 |
contributing entity described in division (B)(2) of this section, | 1732 |
a
legislative campaign fund, or a state political party an | 1733 |
addendum to the statement or an amended statement by electronic or | 1734 |
other means
of transmission under this
division or division | 1735 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 1736 |
state shall make the contribution and expenditure information in | 1737 |
the addendum
or amended statement
available online to the public | 1738 |
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 the | 1741 |
secretary of state
prescribes pursuant to division (H)(1) of this | 1742 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 1743 |
the Revised Code
for the filing of campaign finance statements by | 1744 |
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 thousand | 1754 |
dollars. | 1755 |
Within five business days after a statement filed by a | 1756 |
political action
committee or a political contributing entity | 1757 |
described in division
(B)(2) of this section, a legislative | 1758 |
campaign fund, or a state
political party is received by the | 1759 |
secretary of state by electronic or other
means of transmission, | 1760 |
the secretary of state shall make available online to
the public | 1761 |
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
is | 1764 |
found to be incomplete or inaccurate after the
examination of the | 1765 |
statement for completeness and accuracy
pursuant to division | 1766 |
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political | 1767 |
action
committee, political contributing entity, legislative | 1768 |
campaign
fund, or state political party shall file by electronic | 1769 |
means of transmission
any addendum to the
statement that provides | 1770 |
the information necessary to complete or
correct the statement or, | 1771 |
if required by the secretary of state under that
division, an | 1772 |
amended statement. | 1773 |
Within five business days after the secretary of state | 1774 |
receives from a
political action committee or a political | 1775 |
contributing entity described in division (B)(2) of this section, | 1776 |
a
legislative campaign fund, or a state political party an | 1777 |
addendum to the statement or an amended statement by electronic or | 1778 |
other means
of transmission under this
division or division | 1779 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 1780 |
state
shall make the contribution and expenditure information in | 1781 |
the addendum or
amended statement available
online to the public | 1782 |
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 and | 1787 |
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised | 1788 |
Code for the filing of campaign
finance statements by electronic | 1789 |
means of transmission or on computer disk,
a campaign committee of | 1790 |
a
candidate for the office of member
of the general assembly may | 1791 |
file the statements prescribed by
section 3517.10 of the
Revised | 1792 |
Code by electronic means of
transmission to the office of the | 1793 |
secretary of state or, until March 1, 2004, on computer disk with | 1794 |
the appropriate board
of elections specified in division (A)(2) of | 1795 |
section 3517.11 of
the Revised Code. | 1796 |
Except as otherwise provided in this division, within five | 1797 |
business days
after a statement filed by a campaign committee of a | 1798 |
candidate for the office
of member of the general assembly is | 1799 |
received by the secretary of state by
electronic or other means of | 1800 |
transmission,
the secretary of state shall make available online | 1801 |
to the public
through the internet, as provided in division (I) of | 1802 |
this section,
the contribution and expenditure information in
that | 1803 |
statement. The secretary
of state shall not make available online | 1804 |
to the public through the
internet any contribution or expenditure | 1805 |
information contained in a
statement for any candidate until the | 1806 |
secretary of state is able to make
available online to the public | 1807 |
through the internet the
contribution and expenditure information | 1808 |
for all candidates for a
particular office. As soon as the | 1809 |
secretary of state has
available all of that information, the | 1810 |
secretary of state shall
simultaneously make available online to | 1811 |
the public through the
internet the information for all candidates | 1812 |
for a particular
office. | 1813 |
If a statement filed by electronic means of transmission or | 1814 |
on computer
disk
is found to be
incomplete or inaccurate after the | 1815 |
examination of the statement
for completeness and accuracy | 1816 |
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised | 1817 |
Code, the campaign committee
shall file by electronic means of | 1818 |
transmission to the office of the secretary
of state, or, until | 1819 |
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
information | 1822 |
necessary to complete or correct the statement or, if required by | 1823 |
the secretary of state under that division, an amended statement. | 1824 |
(2) Until
March 1,
2004, if a campaign committee of a | 1834 |
candidate for the office of member of the general assembly files
a | 1835 |
statement of contributions and expenditures, an addendum to
the | 1836 |
statement, or an amended statement by electronic means of | 1837 |
transmission or
on computer disk pursuant to division
(F)(1) of | 1838 |
this section, the campaign committee shall
file as prescribed by | 1839 |
section 3517.10 of the Revised Code with the appropriate
board of | 1840 |
elections specified in division
(A)(2) of section 3517.11 of the | 1841 |
Revised
Code a printed version of the
statement, addendum, or | 1842 |
amended statement filed by electronic means of
transmission or on | 1843 |
computer disk, in the format
that the secretary of state shall | 1844 |
prescribe.
If a statement,
addendum, or amended statement is not | 1845 |
filed by electronic means of
transmission or on computer disk but | 1846 |
is filed by printed version
only, the campaign committee shall | 1847 |
file two copies of the printed
version of the statement, addendum, | 1848 |
or amended statement with the
appropriate board of elections. The | 1849 |
board of elections shall send
one of those copies by overnight | 1850 |
delivery service to the secretary
of state before the close of | 1851 |
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 and | 1857 |
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised | 1858 |
Code for the filing of campaign
finance statements by electronic | 1859 |
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 |
(4) Subject to the secretary of state having implemented, | 1894 |
tested, and verified the successful operation of any system the | 1895 |
secretary of state prescribes pursuant to division (H)(1) of this | 1896 |
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of | 1897 |
the Revised Code for the filing of campaign finance
statements by | 1898 |
electronic means of transmission, on and after
March
1,
2004, a | 1899 |
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
contributions | 1903 |
received by the campaign committee for the
applicable reporting | 1904 |
period as specified in division (A) of
section 3517.10 of the | 1905 |
Revised Code exceeds ten thousand dollars. | 1906 |
Except as otherwise provided in this division,
within five | 1907 |
business days after a statement filed by a campaign committee of a | 1908 |
candidate for the office of member of the general assembly is | 1909 |
received by the
secretary of state by electronic or other means of | 1910 |
transmission,
the secretary of state shall make available online | 1911 |
to the public through the
internet, as provided in division (I) of | 1912 |
this section, the
contribution and expenditure information in that | 1913 |
statement. The secretary
of state shall not make available online | 1914 |
to the public through the
internet any contribution or expenditure | 1915 |
information contained in a
statement for any candidate until the | 1916 |
secretary of state is able to make
available online to the public | 1917 |
through the internet the
contribution and expenditure information | 1918 |
for all candidates for a
particular office. As soon as the | 1919 |
secretary of state has
available all of that information, the | 1920 |
secretary of state shall
simultaneously make available online to | 1921 |
the public through the
internet the information for all candidates | 1922 |
for a particular
office. | 1923 |
If a statement filed by electronic means of transmission is | 1924 |
found
to be incomplete or inaccurate after the examination of the | 1925 |
statement for completeness and accuracy pursuant to division | 1926 |
(B)(3)(a) of section 3517.11 of the
Revised Code, the campaign | 1927 |
committee of a candidate for the
office of member of the general | 1928 |
assembly shall file by electronic means of
transmission any | 1929 |
addendum to the statement that provides the information
necessary | 1930 |
to complete or correct the statement or, if required by the | 1931 |
secretary of state under that division, an amended statement. | 1932 |
(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 and | 1945 |
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 1946 |
Code
for the filing of campaign finance statements by electronic | 1947 |
means of
transmission,
any
individual, partnership, or
other | 1948 |
entity that makes independent
expenditures in support of or | 1949 |
opposition to a statewide candidate
or a statewide ballot issue or | 1950 |
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section | 1951 |
3517.105 of the Revised Code may
file the statement
specified in | 1952 |
that division by electronic means
of transmission. | 1953 |
If a statement filed by electronic means of transmission is | 1960 |
found to be
incomplete or inaccurate after the
examination of the | 1961 |
statement for completeness and accuracy
pursuant to division | 1962 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual, | 1963 |
partnership, or other entity shall file by electronic means of | 1964 |
transmission any addendum to the statement that provides the | 1965 |
information necessary to complete or correct the statement or, if | 1966 |
required by the secretary of state under that division, an amended | 1967 |
statement. | 1968 |
Within five business days after the secretary of state | 1969 |
receives from an
individual, partnership, or other entity | 1970 |
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105 | 1971 |
of
the Revised Code an addendum to the statement or an
amended | 1972 |
statement by electronic or other means of transmission under this | 1973 |
division or division (B)(3)(a) of section 3517.11 of
the
Revised | 1974 |
Code, the secretary of
state shall make the expenditure | 1975 |
information in the addendum or amended
statement
available online | 1976 |
to the public through the internet as provided in
division (I) of | 1977 |
this section. | 1978 |
(2) Subject to the secretary of state having implemented, | 1979 |
tested, and
verified the successful operation of any system the | 1980 |
secretary of state
prescribes pursuant to division (H)(1) of this | 1981 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 1982 |
the Revised Code
for the filing of campaign finance statements by | 1983 |
electronic means of
transmission,
any individual, partnership, or | 1984 |
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 total | 1989 |
amount
of the independent expenditures made during
the reporting | 1990 |
period
under that division exceeds ten thousand dollars. | 1991 |
If a statement filed by electronic means of transmission is | 1998 |
found to be incomplete or inaccurate after the examination of
the | 1999 |
statement for completeness and accuracy pursuant to division | 2000 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual, | 2001 |
partnership, or other entity shall file by electronic means of | 2002 |
transmission
any addendum to the
statement that provides the | 2003 |
information necessary to complete or
correct the statement or, if | 2004 |
required by the secretary of state under that
division, an amended | 2005 |
statement. | 2006 |
Within five business days after
the secretary of state | 2007 |
receives from
an individual, partnership, or other entity | 2008 |
described in division
(B)(2)(b) or (C)(2)(b) of
section 3517.105 | 2009 |
of the Revised Code an addendum to the statement or an amended | 2010 |
statement by electronic or other means of transmission under this | 2011 |
division or
division (B)(3)(a) of section 3517.11 of the Revised | 2012 |
Code, the
secretary of state shall make the expenditure | 2013 |
information in the addendum
or amended statement available online | 2014 |
to the public
through the internet as provided in division (I) of | 2015 |
this section. | 2016 |
(H)(1) The secretary of
state, by rule adopted pursuant to | 2017 |
section 3517.23 of the
Revised
Code, shall prescribe one or
more | 2018 |
techniques by which a person who executes
and transmits by | 2019 |
electronic means a statement of contributions
and expenditures, a | 2020 |
statement of independent expenditures, an
addendum to either | 2021 |
statement, an amended statement of contributions and
expenditures, | 2022 |
or an amended statement of independent expenditures under this | 2023 |
section or section
3517.10 or 3517.105 of the Revised
Code shall | 2024 |
electronically sign
the statement, addendum, or amended statement. | 2025 |
Any technique prescribed by
the secretary of state pursuant to | 2026 |
this division shall create an electronic
signature that satisfies | 2027 |
all of the following: | 2028 |
(2) An electronic signature prescribed by the secretary of | 2038 |
state under
division
(H)(1) of this section shall be
attached to | 2039 |
or associated with the statement of contributions
and | 2040 |
expenditures, the statement of independent expenditures,
the | 2041 |
addendum to either statement, the amended statement of | 2042 |
contributions
and expenditures, or the amended statement of | 2043 |
independent expenditures
that is executed and
transmitted by | 2044 |
electronic means by the person to whom the
electronic signature is | 2045 |
attributed. The electronic signature
that is attached to or | 2046 |
associated with the statement, addendum, or amended
statement | 2047 |
under this division shall be binding on all persons and for all | 2048 |
purposes under the campaign finance reporting law as if the | 2049 |
signature had
been handwritten in ink on a printed form of the | 2050 |
statement,
addendum, or amended statement. | 2051 |
(K) It is an affirmative defense to a complaint or charge | 2091 |
brought against any campaign committee, political action | 2092 |
committee,
legislative campaign fund, political party, political | 2093 |
contributing entity, or
individual, partnership, or other entity | 2094 |
for the failure to file by electronic
means of transmission a | 2095 |
campaign finance
statement as required by this section or section | 2096 |
3517.10 or 3517.105 of the Revised Code that
all of the
following | 2097 |
apply to the campaign committee, political action committee, | 2098 |
legislative campaign fund, political party, political contributing | 2099 |
entity, or
individual, partnership, or other entity that failed to | 2100 |
file the required
statement: | 2101 |
(2) The campaign committee, political action committee, | 2107 |
legislative
campaign fund, political party, political contributing | 2108 |
entity, or individual,
partnership, or other entity was unable to | 2109 |
file by electronic means of
transmission due to an
expected or | 2110 |
unexpected shutdown of the whole or part of the electronic | 2111 |
campaign finance statement-filing system, such as for maintenance | 2112 |
or because
of hardware, software, or network connection failure. | 2113 |
Sec. 3517.11. (A)(1) Campaign committees of candidates
for | 2120 |
statewide offices or the state board of education, political | 2121 |
action committees or political contributing entities that make | 2122 |
contributions to campaign committees
of candidates that are | 2123 |
required to file the statements prescribed by section
3517.10 of | 2124 |
the Revised Code with the secretary of state,
political action | 2125 |
committees or political contributing entities that
make | 2126 |
contributions to campaign
committees of candidates for member of | 2127 |
the general assembly,
political action committees or political | 2128 |
contributing entities that
make contributions to state and | 2129 |
national political parties and to legislative campaign
funds, | 2130 |
political action committees or political contributing entities | 2131 |
that
receive contributions or make expenditures in connection with | 2132 |
a
statewide ballot issue, political action committees or political | 2133 |
contributing entities that make
contributions to other political | 2134 |
action committees or political
contributing entities, political | 2135 |
parties, and campaign committees, except as set forth in division | 2136 |
(A)(3) of this section, legislative campaign funds,
and state and | 2137 |
national political parties
shall file the statements prescribed by | 2138 |
section 3517.10 of the
Revised Code with the secretary of state. | 2139 |
A campaign committee of a candidate for office of member of | 2146 |
the
general assembly shall file two copies of the printed version | 2147 |
of
any statement, addendum, or amended statement if the committee | 2148 |
does not file by electronic means of transmission or on computer | 2149 |
disk pursuant to division (F)(1) of section 3517.106 of the | 2150 |
Revised Code but files by printed version only with
the | 2151 |
appropriate board of elections. The board of elections shall send | 2152 |
one of
those copies by overnight delivery service to the secretary | 2153 |
of state
before the close of business on the day the board of | 2154 |
elections
receives the statement, addendum, or amended statement. | 2155 |
(3) Political action committees or political contributing | 2156 |
entities
that only contribute to a
county political party, | 2157 |
contribute to campaign committees of
candidates whose nomination | 2158 |
or election is to be submitted only
to electors within a county, | 2159 |
subdivision, or district, excluding
candidates for member of the | 2160 |
general assembly, and receive
contributions or make expenditures | 2161 |
in connection with ballot
questions or issues to be submitted only | 2162 |
to electors within a
county, subdivision, or district shall file | 2163 |
the statements
prescribed by section 3517.10 of the Revised Code | 2164 |
with the board
of elections in that county or in the county | 2165 |
contained in whole
or part within the subdivision or district | 2166 |
having a population
greater than that of any other county | 2167 |
contained in whole or part
within that subdivision or district, as | 2168 |
the case may be. | 2169 |
(2) On or before the tenth day before the dates on which | 2180 |
statements are required to be filed by section 3517.10 of the | 2181 |
Revised Code, every candidate subject to the provisions of this | 2182 |
section and sections 3517.10 and
3517.106 of the Revised
Code | 2183 |
shall be notified
of the requirements and applicable penalties of | 2184 |
those sections.
The secretary of state, by certified mail, return | 2185 |
receipt
requested, shall
notify all candidates required to file | 2186 |
those statements with the secretary of state's office. The
board | 2187 |
of elections of every
county shall notify by first class mail any | 2188 |
candidate who has
personally appeared at the office of the board | 2189 |
on or before the
tenth day before the statements are required to | 2190 |
be
filed and signed a form,
to be provided by the secretary of | 2191 |
state, attesting that the
candidate has been notified of the | 2192 |
candidate's obligations
under the campaign
finance law. The board | 2193 |
shall forward the completed form to
the
secretary of state. The | 2194 |
board shall use certified mail,
return receipt requested, to | 2195 |
notify all other candidates required
to file those statements with | 2196 |
it. | 2197 |
(3)(a) Any statement required to be filed under sections | 2198 |
3517.081
to 3517.17 of the Revised Code that is found
to be | 2199 |
incomplete or inaccurate by the officer to whom it is submitted | 2200 |
shall be
accepted on a conditional basis, and the person who filed | 2201 |
it
shall be notified by certified mail as to the incomplete or | 2202 |
inaccurate nature of the statement. The secretary of state
may | 2203 |
examine statements filed for candidates for the office of
member | 2204 |
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 office | 2207 |
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 the | 2213 |
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 the | 2220 |
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 the | 2232 |
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 a | 2239 |
two-business-day statement
prescribed by section 3517.10 of
the | 2240 |
Revised Code or an amended
two-business-day statement shall be | 2241 |
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 to | 2246 |
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 of | 2252 |
transmission or, until
March 1,
2004, on
computer disk. | 2253 |
(b) Within five business days after the secretary
of state | 2254 |
receives, by electronic or other means of transmission, an | 2255 |
addendum,
amendment, or other correction to a statement or an | 2256 |
amended statement under
division (B)(3)(a) of this section, the | 2257 |
secretary of
state, pursuant to divisions (E), (F), (G), and
(I) | 2258 |
of section 3517.106 of the Revised Code, shall make the | 2259 |
contribution and
expenditure information in that
addendum, | 2260 |
amendment, correction, or amended statement available online to | 2261 |
the
public through the internet. As used in this division, | 2262 |
"internet" has the
same
meaning as in section 3517.106 of the | 2263 |
Revised Code. | 2264 |
(C)(1) In the event of a failure to file or a late filing
of | 2279 |
a statement required to be filed under sections 3517.081 to | 2280 |
3517.17 of the Revised Code or if a filed statement or any | 2281 |
addendum to the statement, if an addendum is required to be
filed, | 2282 |
is incomplete or inaccurate or appears to disclose a failure to | 2283 |
comply with or a
violation of law, the official whose duty
it is | 2284 |
to examine the statement shall promptly file a complaint
with the | 2285 |
Ohio elections commission
under section 3517.153 of the Revised | 2286 |
Code if the law is one over which the
commission has
jurisdiction | 2287 |
to hear complaints, or the official
shall promptly report the | 2288 |
failure or violation to the board of elections and the board shall | 2289 |
promptly
report it to the prosecuting attorney in accordance with | 2290 |
division (J)
of section 3501.11 of the Revised Code. If the | 2291 |
official
files a complaint with the
commission, the commission | 2292 |
shall proceed in accordance with sections 3517.154
to 3517.157 of | 2293 |
the Revised Code. | 2294 |
(2) For purposes of division (C)(1) of this section, a | 2295 |
statement
or an addendum to a statement required to be
filed under | 2296 |
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or | 2297 |
inaccurate under this section if the statement or addendum fails | 2298 |
to disclose substantially all contributions that are received
from | 2299 |
a source and that are required to be reported under
sections | 2300 |
3517.10, 3517.107, and 3517.108 of the
Revised
Code or if the | 2301 |
statement or
addendum fails to disclose at least ninety per cent | 2302 |
of the total
contributions received or of the total expenditures | 2303 |
made during
the reporting period. | 2304 |
(B) On or before December 31, 2001, the tax commissioner | 2352 |
shall
establish an electronic site accessible through the | 2353 |
internet. The tax
commissioner shall
provide access on the site | 2354 |
for
each municipal corporation that has not established its own | 2355 |
electronic
site to post documents or information required under | 2356 |
section 718.07 of the Revised Code. The tax commissioner
shall | 2357 |
provide electronic links for each
municipal corporation that | 2358 |
establishes a site under that section and for which
a uniform | 2359 |
resource locator has been provided to the tax commissioner. The | 2360 |
tax
commissioner is not responsible for the accuracy of the
posted | 2361 |
information, and is not liable for any inaccurate or
outdated | 2362 |
information provided by a municipal corporation. The tax | 2363 |
commissioner may adopt rules governing the format and
means of | 2364 |
submitting such documents or information and other matters | 2365 |
necessary to implement this section. The tax commissioner may | 2366 |
charge municipal corporations a fee to defray the cost of | 2367 |
establishing
and maintaining the electronic site established under | 2368 |
this
section. | 2369 |
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 |