Section 1. That sections 102.03, 2921.01, 2921.43, 3501.38, | 12 |
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, 3517.082, | 13 |
3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, | 14 |
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, | 15 |
3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20, | 16 |
3517.23, 3517.992, and 3599.031 be amended and new section 3599.03 | 17 |
and sections 3501.381, 3517.1011, 3517.1012, and 3599.111 of the | 18 |
Revised Code be enacted to read as follows: | 19 |
Sec. 102.03. (A)(1) No present or former public official
or | 20 |
employee shall, during public employment or service or for
twelve | 21 |
months thereafter, represent a client or act in a
representative | 22 |
capacity for any person on any matter in which the
public
official | 23 |
or employee personally participated as a public
official or | 24 |
employee
through decision, approval, disapproval,
recommendation, | 25 |
the rendering of
advice, investigation, or other
substantial | 26 |
exercise of administrative
discretion. | 27 |
(3) For twenty-four months after the conclusion of
employment | 34 |
or service, no former public official or employee who
personally | 35 |
participated as a public official or employee through
decision, | 36 |
approval, disapproval, recommendation, the rendering of
advice, | 37 |
the development or adoption of solid waste management
plans, | 38 |
investigation, inspection, or other substantial exercise
of | 39 |
administrative discretion under Chapter 343. or 3734. of the | 40 |
Revised Code shall represent a person who is the owner or
operator | 41 |
of a facility, as defined in section 3734.01 of the
Revised Code, | 42 |
or who is an applicant for a permit or license for
a facility | 43 |
under that chapter, on any matter in which the public official or | 44 |
employee personally participated as a public official or employee. | 45 |
(4) For a period of one year after the conclusion of | 46 |
employment or service as a member or employee of the general | 47 |
assembly, no former member or employee of the general assembly | 48 |
shall represent, or act in a representative capacity for, any | 49 |
person on any matter before the general assembly, any committee
of | 50 |
the general assembly, or the controlling board. Division
(A)(4)
of | 51 |
this section does not apply to or affect a person who
separates | 52 |
from service with the general assembly on or before
December 31, | 53 |
1995. As used in division (A)(4) of this section
"person" does
not | 54 |
include any state agency or political
subdivision of the
state. | 55 |
(5) As used in divisions (A)(1), (2), and (3) of this | 56 |
section, "matter" includes any case, proceeding, application, | 57 |
determination, issue, or question, but does not include the | 58 |
proposal, consideration, or enactment of statutes, rules, | 59 |
ordinances, resolutions, or charter or constitutional amendments. | 60 |
As used in division (A)(4) of this section, "matter" includes the | 61 |
proposal, consideration, or enactment of statutes, resolutions,
or | 62 |
constitutional amendments. As used in division (A) of this | 63 |
section, "represent" includes any formal or informal appearance | 64 |
before, or any written or oral communication with, any public | 65 |
agency on behalf of any person. | 66 |
(B) No present or former public official or employee shall | 78 |
disclose or use, without appropriate authorization, any | 79 |
information acquired by the public official or employee in the | 80 |
course of the public official's or employee's official duties
that | 81 |
is confidential because of statutory provisions, or that
has been | 82 |
clearly designated to the public official or employee as | 83 |
confidential when that
confidential designation is warranted | 84 |
because of the status of
the proceedings or the circumstances | 85 |
under which the information
was received and preserving its | 86 |
confidentiality is necessary to
the proper conduct of government | 87 |
business. | 88 |
(C) No public official or employee shall participate
within | 89 |
the scope of duties as a public official or employee,
except | 90 |
through ministerial functions as defined in division (A)
of this | 91 |
section, in any license or rate-making proceeding that
directly | 92 |
affects the license or rates of any person, partnership,
trust, | 93 |
business trust, corporation, or association in which the
public | 94 |
official or employee or immediate family owns or
controls more | 95 |
than five per cent. No public official or employee
shall | 96 |
participate within the scope of duties as a public
official or | 97 |
employee, except through ministerial functions as
defined in | 98 |
division (A) of this section, in any license or
rate-making | 99 |
proceeding that directly affects the license or rates
of any | 100 |
person to whom the public official or employee or
immediate | 101 |
family, or a partnership, trust, business trust,
corporation, or | 102 |
association of which the public official or employee
or the public | 103 |
official's or employee's immediate family
owns or controls more | 104 |
than five per cent, has sold goods or
services totaling more than | 105 |
one thousand dollars during the
preceding year, unless the public | 106 |
official or employee has filed
a written statement acknowledging | 107 |
that sale with the clerk or
secretary of the public agency and the | 108 |
statement is entered in
any public record of the agency's | 109 |
proceedings. This division
shall not be construed to require the | 110 |
disclosure of clients of
attorneys or persons licensed under | 111 |
section 4732.12 or 4732.15 of
the Revised Code, or patients of | 112 |
persons certified under section
4731.14 of the Revised Code. | 113 |
(H)(1) No public official or employee, except for the | 140 |
president
or other chief administrative officer of or a member of | 141 |
a board of
trustees of a state institution of higher education as | 142 |
defined in
section 3345.011 of the Revised Code, who
is required | 143 |
to file a
financial disclosure statement under section 102.02 of | 144 |
the Revised
Code shall solicit or accept, and no person shall
give | 145 |
to that
public official or employee, an honorarium.
Except as | 146 |
provided in division (H)(2) of this section, this division and | 147 |
divisions (D), (E), and (F) of this section do not
prohibit a | 148 |
public official or employee who is required to file a
financial | 149 |
disclosure statement under section 102.02 of the
Revised Code from | 150 |
accepting and do not prohibit a person from
giving to that public | 151 |
official or employee the payment of actual
travel expenses, | 152 |
including any expenses incurred in connection
with the travel for | 153 |
lodging, and meals, food, and beverages
provided to the public | 154 |
official or employee at a meeting at which
the public official or | 155 |
employee participates in a panel, seminar,
or speaking engagement | 156 |
or provided to the public official or
employee at a meeting or | 157 |
convention of a national organization to
which
any
state
agency, | 158 |
including, but not limited to, any state legislative
agency
or | 159 |
state institution of higher education as defined in
section | 160 |
3345.011 of the Revised Code, pays membership dues. Except as | 161 |
provided in division (H)(2) of this section, this
division
and | 162 |
divisions (D), (E), and (F) of this section do not
prohibit a | 163 |
public official or employee who is not required to
file
a | 164 |
financial disclosure statement under section 102.02 of the
Revised | 165 |
Code from accepting and do not prohibit a person from
promising or | 166 |
giving to that public official or employee an
honorarium or the | 167 |
payment of travel, meal, and lodging expenses
if
the honorarium, | 168 |
expenses, or both were paid in
recognition of
demonstrable | 169 |
business, professional, or esthetic
interests of the
public | 170 |
official or employee that exist apart
from public office or | 171 |
employment, including, but not limited
to, such a demonstrable | 172 |
interest in public speaking and were not
paid by any person or | 173 |
other entity, or by any representative or
association of those | 174 |
persons or entities, that is regulated by,
doing business with, or | 175 |
seeking to do business with the
department, division, institution, | 176 |
board, commission, authority,
bureau, or other instrumentality of | 177 |
the governmental entity with
which the public official or employee | 178 |
serves. | 179 |
(2) No person who is a member of the board of a state | 180 |
retirement system, a state retirement system investment officer, | 181 |
or an employee of a state retirement system whose position | 182 |
involves substantial and material exercise of discretion in the | 183 |
investment of retirement system funds shall solicit or accept, and | 184 |
no person shall give to that board member, officer, or employee, | 185 |
payment of actual travel expenses, including expenses incurred | 186 |
with the travel for lodging, meals, food, and beverages. | 187 |
(I) A public official or employee may accept travel,
meals, | 188 |
and lodging or expenses or reimbursement of expenses for
travel, | 189 |
meals, and lodging in connection with conferences,
seminars, and | 190 |
similar events related to official duties if
the travel, meals, | 191 |
and lodging, expenses, or reimbursement is not
of such a character | 192 |
as to manifest a substantial and improper
influence upon the | 193 |
public official or employee with respect to
that person's duties. | 194 |
The house of
representatives and senate, in their code of ethics, | 195 |
and the Ohio
ethics commission, under section 111.15 of the | 196 |
Revised Code, may
adopt rules setting standards and conditions for | 197 |
the furnishing
and acceptance of such travel, meals, and lodging, | 198 |
expenses, or
reimbursement. | 199 |
(J) For purposes of divisions (D), (E), and (F) of this | 207 |
section, the membership of a public official or employee in an | 208 |
organization shall not be considered, in and of itself, to be of | 209 |
such a character as to manifest a substantial and improper | 210 |
influence on the public official or employee with respect to
that | 211 |
person's duties. As used in this
division, "organization" means a | 212 |
church or a religious,
benevolent, fraternal, or professional | 213 |
organization that is tax
exempt under subsection 501(a) and | 214 |
described in subsection
501(c)(3), (4), (8), (10), or (19) of the | 215 |
"Internal Revenue Code
of 1986." This division does not apply to
a | 216 |
public official or
employee who is an employee of an
organization, | 217 |
serves as a
trustee, director, or officer of an
organization, or | 218 |
otherwise
holds a fiduciary relationship with an
organization. | 219 |
This
division does not allow a public official or
employee who is | 220 |
a
member of an organization to participate,
formally or | 221 |
informally,
in deliberations, discussions, or voting
on a matter | 222 |
or to use
his official position with regard to the
interests of | 223 |
the
organization on the matter if the public official
or employee | 224 |
has
assumed a particular
responsibility in the
organization with | 225 |
respect to the matter or
if the matter would
affect that person's | 226 |
personal, pecuniary
interests. | 227 |
(K) It is not a violation of this section for a
prosecuting | 228 |
attorney to appoint assistants and employees in
accordance with | 229 |
division (B) of section 309.06 and section 2921.421 of the
Revised | 230 |
Code, for a chief legal officer of a municipal corporation or
an | 231 |
official designated as prosecutor in a municipal corporation
to | 232 |
appoint assistants and employees in accordance with sections | 233 |
733.621 and 2921.421 of the Revised Code, for a township law | 234 |
director appointed under section 504.15 of the Revised Code to | 235 |
appoint
assistants and
employees in accordance with sections | 236 |
504.151 and 2921.421 of the Revised
Code, or for a coroner to | 237 |
appoint assistants and employees in
accordance with division (B) | 238 |
of section 313.05 of the Revised Code. | 239 |
(3) A person who is a candidate for public office, whether or | 253 |
not the person is elected or appointed to the office for which the | 254 |
person is a candidate. A person is a candidate for purposes of | 255 |
this division if the person has been nominated according to law | 256 |
for election or appointment to public office, or if the person has | 257 |
filed a petition or petitions as required by law to have the | 258 |
person's name placed on the ballot in a primary, general, or | 259 |
special election, or if the person campaigns as a write-in | 260 |
candidate in any primary, general, or special election. | 261 |
(E) "Detention" means arrest; confinement in any vehicle | 273 |
subsequent to an arrest; confinement in any public or private | 274 |
facility for custody of persons charged with or convicted of crime | 275 |
in this state or another state or under the laws of the United | 276 |
States or alleged or found to be a delinquent child or unruly | 277 |
child in this state or another state or under the laws of the | 278 |
United States; hospitalization, institutionalization, or | 279 |
confinement in any public or private facility that is ordered | 280 |
pursuant to or under the authority of section 2945.37, 2945.371, | 281 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 282 |
Code; confinement in any vehicle for transportation to or from any | 283 |
facility of any of those natures; detention for extradition or | 284 |
deportation; except as provided in this division, supervision by | 285 |
any employee of any facility of any of those natures that is | 286 |
incidental to hospitalization, institutionalization, or | 287 |
confinement in the facility but that occurs outside the facility; | 288 |
supervision by an employee of the department of rehabilitation and | 289 |
correction of a person on any type of release from a state | 290 |
correctional institution; or confinement in any vehicle, airplane, | 291 |
or place while being returned from outside of this state into this | 292 |
state by a private person or entity pursuant to a contract entered | 293 |
into under division (E) of section 311.29 of the Revised Code or | 294 |
division (B) of section 5149.03 of the Revised Code. For a person | 295 |
confined in a county jail who participates in a county jail | 296 |
industry program pursuant to section 5147.30 of the Revised Code, | 297 |
"detention" includes time spent at an assigned work site and going | 298 |
to and from the work site. | 299 |
(E)(1) On each petition paper, the circulator shall indicate | 390 |
the number of signatures contained
on it, and shall sign a | 391 |
statement made under penalty of election falsification that
the | 392 |
circulator witnessed the affixing of every signature, that all | 393 |
signers
were to the best of
the circulator's knowledge and
belief | 394 |
qualified to sign, and that every signature is to the best
of
the | 395 |
circulator's knowledge and belief the signature of the
person | 396 |
whose
signature it purports to be. On the circulator's statement | 397 |
for a declaration of candidacy, nominating petition, or | 398 |
declaration of intent to be a write-in candidate for a person | 399 |
seeking to become a statewide candidate or for a statewide | 400 |
initiative or a statewide referendum petition, the circulator | 401 |
shall identify the name of the person employing the circulator to | 402 |
circulate the petition, if any. | 403 |
(L) If a board of elections distributes for use a petition | 434 |
form for a declaration of candidacy, nominating petition, | 435 |
declaration of intent to be a write-in candidate, or any type of | 436 |
question or issue petition that does not satisfy the requirements | 437 |
of law as of the date of that distribution, the board shall not | 438 |
invalidate the petition on the basis that the petition form does | 439 |
not satisfy the requirements of law, if the petition otherwise is | 440 |
valid. Division (L) of this section applies only if the candidate | 441 |
received the petition from the board within ninety days of when | 442 |
the petition is required to be filed. | 443 |
Sec. 3501.381. (A)(1) Any person who will receive | 444 |
compensation for supervising, managing, or otherwise organizing | 445 |
any effort to obtain signatures for a declaration of candidacy, | 446 |
nominating petition, or declaration of intent to be a write-in | 447 |
candidate for a person seeking to become a statewide candidate or | 448 |
for a statewide initiative petition or a statewide referendum | 449 |
petition shall file a statement to that effect with the office of | 450 |
the secretary of state before any signatures are obtained for the | 451 |
petition or before the person is engaged to supervise, manage, or | 452 |
otherwise organize the effort to obtain signatures for the | 453 |
petition, whichever is later. | 454 |
(2) Any person who will compensate a person for supervising, | 455 |
managing, or otherwise organizing any effort to obtain signatures | 456 |
for a declaration of candidacy, nominating petition, or | 457 |
declaration of intent to be a write-in candidate for a person | 458 |
seeking to become a statewide candidate or for a statewide | 459 |
initiative or a statewide referendum petition shall file a | 460 |
statement to that effect with the office of the secretary of state | 461 |
before any signatures are obtained for the petition or before the | 462 |
person engages a person to supervise, manage, or otherwise | 463 |
organize the effort to obtain signatures for the petition, | 464 |
whichever is later. | 465 |
Sec. 3503.14. (A) The secretary of state shall prescribe the | 478 |
form and content of the registration and change of residence and | 479 |
change of name form used in this state. The form shall set forth | 480 |
the eligibility requirements needed to qualify as an elector and | 481 |
meet the requirements of the National Voter Registration Act of | 482 |
1993. The form shall include a space on which the person | 483 |
registering an applicant shall sign the person's name and a space | 484 |
on which the person registering an applicant shall name the | 485 |
employer who is employing that person to register the applicant. | 486 |
No election official or employee of a designated agency who is | 487 |
registering an applicant shall be required to sign the election | 488 |
official's or employee's name or to name the employer who is | 489 |
employing the election official or employee to register an | 490 |
applicant on a form prepared under this section. | 491 |
(B) Any applicant who is unable to sign histhe applicant's | 492 |
own name
shall make an
"X," if possible, which shall be certified | 493 |
by the signing of the
name of the applicant by the person filling | 494 |
out the registration
form, who shall add histhe person's own | 495 |
signature. If an
applicant is unable
to make an "X," hethe | 496 |
applicant shall indicate in some manner
that hethe applicant | 497 |
desires
to register to vote or to change histhe applicant's name | 498 |
or
residence. The
person registering such anthe applicant shall | 499 |
sign the form and
attest that the applicant indicated that hethe | 500 |
applicant
desired to register
to vote or to change histhe | 501 |
applicant's name or residence. | 502 |
I, ........................... (Name of Candidate), the | 520 |
undersigned, hereby declare under penalty of election | 521 |
falsification that my voting residence is in ............... | 522 |
precinct of the ............................. (Township) or
(Ward | 523 |
and City or Village) in the county of ................,
Ohio; that | 524 |
my voting residence is
............... (Street and
Number, if any, | 525 |
or Rural Route and Number) of the
............................. | 526 |
(City or Village) of .................,
Ohio; and that I am a | 527 |
qualified
elector in the precinct in which my voting residence is | 528 |
located. I am a
member of the ........ Party. I hereby declare | 529 |
that I
desire to be .................... (a candidate for | 530 |
nomination as
a candidate of
the Party for election to
the office | 531 |
of .............) (a candidate for election to the
office or | 532 |
position of ..............) for the ............ in the
state, | 533 |
district, (Full term or unexpired term ending
...............) | 534 |
county, city, or village of ...................,
at the primary | 535 |
election to be held on the ............. day of
........., ...., | 536 |
and I hereby request that my name be printed upon
the official | 537 |
primary election ballot of the said .......... Party
as a | 538 |
candidate for ......... (such nomination) or (such election)
as | 539 |
provided by law. | 540 |
We, the undersigned, qualified electors of the state of
Ohio, | 550 |
whose voting residence is in the county, city, village,
ward, | 551 |
township, or school district, and precinct set opposite our
names, | 552 |
and members of the .......................................
Party, | 553 |
hereby certify that ............................ (Name of | 554 |
candidate) whose declaration of candidacy is filed herewith, is
a | 555 |
member of the ............ Party, and is, in our opinion, well | 556 |
qualified to perform the duties of the office or position to
which | 557 |
that candidate desires to be elected. | 558 |
....................................... (Name of circulator | 566 |
of petition), declares under penalty of election falsification | 567 |
that the circulator of the petition is a qualified elector of the | 568 |
state of Ohio and resides at
the address appearing below the | 569 |
signature of that
circulator; that the circulator is a
member of | 570 |
the ........... Party; that the circulator is the
circulator
of | 571 |
the
foregoing petition paper containing ............. (Number) | 572 |
signatures; that the circulator witnessed the affixing of every | 573 |
signature;
that all signers were to the best of the circulator's | 574 |
knowledge and
belief
qualified to sign; and that every signature | 575 |
is to the best of the
circulator's
knowledge and belief the | 576 |
signature of the person whose signature
it purports to be. | 577 |
Sec. 3513.261. A nominating petition may consist of one or | 691 |
more separate petition papers, each of which shall be | 692 |
substantially in the form prescribed in this section. If the | 693 |
petition consists of more than one separate petition paper, the | 694 |
statement of candidacy of the candidate or joint candidates named | 695 |
need be signed by the candidate or joint candidates on only one
of | 696 |
such separate petition papers, but the statement of candidacy
so | 697 |
signed shall be copied on each other separate petition paper | 698 |
before the signatures of electors are placed
on it. Each | 699 |
nominating petition containing signatures of electors of more
than | 700 |
one county shall consist of separate petition papers each of
which | 701 |
shall contain signatures of electors of only one county;
provided | 702 |
that petitions containing signatures of electors of more
than one | 703 |
county shall not thereby be declared invalid. In case
petitions | 704 |
containing signatures of electors of more than one
county are | 705 |
filed, the board of elections shall determine the
county from | 706 |
which the majority of the signatures came, and only
signatures | 707 |
from this county shall be counted. Signatures from
any other | 708 |
county shall be invalid. | 709 |
I, ................................... (Name of candidate), | 736 |
the undersigned, hereby declare under penalty of election | 737 |
falsification that my voting residence is in ................ | 738 |
.......... Precinct of the ......................... (Township)
or | 739 |
(Ward and City, or Village) in the county of ...............
Ohio; | 740 |
that my post-office address is ............................ | 741 |
(Street and Number, if any, or Rural Route and Number) of the | 742 |
............................... (City, Village, or post office)
of | 743 |
...................., Ohio; and that I am a qualified elector in | 744 |
the precinct in which my voting residence is located. I hereby | 745 |
declare that I desire to be a candidate for election to the
office | 746 |
of .............. in the ........................ (State, | 747 |
District, County, City, Village, Township, or School District)
for | 748 |
the ...................................... (Full term or
unexpired | 749 |
term ending ................) at the General Election
to be held | 750 |
on the ........... day of ..............., .... | 751 |
We, the undersigned, qualified electors of the state of
Ohio, | 767 |
whose voting residence is in the County, City, Village,
Ward, | 768 |
Township or Precinct set opposite our names,
hereby nominate | 769 |
.................... as a candidate for
election to the office of | 770 |
........................... in the
............................ | 771 |
(State, District, County, City,
Village, Township, or School | 772 |
District) for the .................
(Full term or unexpired term | 773 |
ending ...................) to be
voted for at the general | 774 |
election next hereafter to be held,
and certify that this person | 775 |
is, in our opinion, well qualified to
perform the duties of the | 776 |
office or position to which the person
desires
to be elected. | 777 |
The secretary of state or a board of elections shall not | 837 |
accept for filing a nominating petition of a person seeking to | 838 |
become a candidate if that person, for the same election, has | 839 |
already filed a declaration of candidacy, a declaration of intent | 840 |
to be a write-in candidate, or a nominating petition, or has | 841 |
become a candidate through party nomination at a primary election | 842 |
or by the filling of a vacancy under section 3513.30 or 3513.31 of | 843 |
the Revised Code for any state or county office, if the nominating | 844 |
petition is for a state or county office, or for any municipal or | 845 |
township office, for member of a city, local, or exempted
village | 846 |
board of education, or for member of a governing board of an | 847 |
educational service center, if the nominating petition is for a | 848 |
municipal or township office, or for member of a city, local, or | 849 |
exempted village board of education, or for member of a governing | 850 |
board
of an educational service center. | 851 |
Sec. 3517.01. (A) A political party within the meaning of | 852 |
Title XXXV of the Revised Code is any group of voters
that, at
the | 853 |
most recent regular state election, polled
for its
candidate for | 854 |
governor in the state or nominees for presidential
electors at | 855 |
least five per cent of the entire vote cast for
that office or | 856 |
that filed with the secretary of state, subsequent to any
election | 857 |
in which it received less than five per cent of that
vote, a | 858 |
petition signed by qualified electors equal in number to
at least | 859 |
one per cent of the total vote for governor or nominees
for | 860 |
presidential electors at the most recent
election,
declaring their | 861 |
intention of organizing a political party, the
name of which shall | 862 |
be stated in the declaration, and of
participating in the | 863 |
succeeding primary election, held in
even-numbered years, that | 864 |
occurs more than one hundred twenty
days after the date of filing. | 865 |
No such group of electors shall
assume a name or designation that | 866 |
is similar, in the opinion of
the secretary of state, to that of | 867 |
an existing political party as
to confuse or mislead the voters at | 868 |
an election. If any political party fails
to cast five per cent
of | 869 |
the total vote
cast at an election for the office of governor
or | 870 |
president, it
shall cease to be a political party. | 871 |
(3)
"Candidate" has the same meaning as in division (H) of | 881 |
section 3501.01 of the Revised Code and also includes any person | 882 |
who, at any time before or after an election, receives | 883 |
contributions or makes expenditures or other use of
contributions, | 884 |
has given consent for another to receive
contributions or make | 885 |
expenditures or other use of contributions,
or appoints a campaign | 886 |
treasurer, for the purpose of bringing
about the person's | 887 |
nomination or election to public office.
When two persons jointly | 888 |
seek the offices of governor and lieutenant governor,
"candidate" | 889 |
means the pair of candidates jointly.
"Candidate" does not
include | 890 |
candidates for election to the
offices of member of a
county or | 891 |
state central committee,
presidential elector, and
delegate to a | 892 |
national convention or
conference of a political
party. | 893 |
(4)
"Continuing association" means an association, other
than | 894 |
a
campaign committee, political party, legislative campaign
fund, | 895 |
political
contributing entity, or labor
organization, that
is | 896 |
intended to be a permanent organization that has a
primary
purpose | 897 |
other than supporting or opposing specific candidates,
political | 898 |
parties, or ballot issues, and that functions on a
regular basis | 899 |
throughout the year. "Continuing association" includes | 900 |
organizations that are determined to be not organized for profit | 901 |
under subsection 501 and that are described in subsection | 902 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 903 |
(5)
"Contribution" means a loan, gift, deposit,
forgiveness | 904 |
of indebtedness, donation, advance, payment, or transfer
of funds | 905 |
or
transfer of anything of value, including a transfer of funds | 906 |
from
an inter vivos or testamentary trust or decedent's estate, | 907 |
and the
payment by any
person other than the person to whom the | 908 |
services
are rendered
for the personal services of another person, | 909 |
which
contribution
is made, received, or used for the purpose of | 910 |
influencing the
results of an election.
"Contribution"Any loan, | 911 |
gift, deposit, forgiveness of indebtedness, donation, advance, | 912 |
payment, or transfer of funds or of anything of value, including a | 913 |
transfer of funds from an inter vivos or testamentary trust or | 914 |
decedent's estate, and the payment by any campaign committee, | 915 |
political action committee, legislative campaign fund, political | 916 |
party, or person other than the person to whom the services are | 917 |
rendered for the personal services of another person, that is | 918 |
made, received, or used by a state or county political party, | 919 |
other than moneys a state or county political party receives from | 920 |
the Ohio political party fund pursuant to section 3517.17 of the | 921 |
Revised Code and the moneys a state or county political party may | 922 |
receive under sections 3517.101 and 3517.1012 of the Revised Code, | 923 |
shall be considered to be a "contribution" for the purpose of | 924 |
section 3517.10 of the Revised Code and shall be included on a | 925 |
statement of contributions filed under that section. | 926 |
(6)
"Expenditure" means the disbursement or use of a | 944 |
contribution for the purpose of influencing the results of an | 945 |
election or of making a charitable donation under division (G) of | 946 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 947 |
contribution by a state or county political party is an | 948 |
expenditure and shall be considered either to be made for the | 949 |
purpose of influencing the results of an election or to be made as | 950 |
a charitable donation under division (G) of section 3517.08 of the | 951 |
Revised Code and shall be reported on a statement of expenditures | 952 |
filed under section 3517.10 of the Revised Code. During the thirty | 953 |
days preceding a primary or general election, any disbursement to | 954 |
pay the direct costs of producing or airing a broadcast, cable, or | 955 |
satellite communication that refers to a clearly identified | 956 |
candidate shall be considered to be made for the purpose of | 957 |
influencing the results of that election. | 958 |
(8)
"Political action committee" means a combination of
two | 965 |
or more persons, the primary or incidentalmajor purpose of
which | 966 |
is
to
support or oppose any candidate, political party, or issue, | 967 |
or
to
influence the result of any election through express | 968 |
advocacy, and that is
not a political
party, a campaign committee, | 969 |
a political contributing entity, or a
legislative campaign fund. | 970 |
"Political action committee" does not include a continuing | 971 |
association that makes disbursements for the direct costs of | 972 |
producing or airing electioneering communications as defined in | 973 |
section 3517.1011 of the Revised Code and that does not engage in | 974 |
express advocacy. | 975 |
(16)
"In-kind contribution" means anything of
value other | 997 |
than money that is used to influence the results of
an election or | 998 |
is transferred to or used in support of or in
opposition to a | 999 |
candidate, campaign committee, legislative
campaign fund, | 1000 |
political party, or political action committee,
or political | 1001 |
contributing entity and
that is made with the consent of, in | 1002 |
coordination, cooperation,
or consultation with, or at the request | 1003 |
or suggestion of the
benefited candidate, committee, fund, or | 1004 |
party,
or
entity. The financing of
the
dissemination, | 1005 |
distribution, or
republication, in whole or part,
of any broadcast | 1006 |
or of any
written, graphic, or other form of
campaign materials | 1007 |
prepared by
the candidate, the
candidate's campaign committee, or | 1008 |
their
authorized agents is an in-kind
contribution to the | 1009 |
candidate and
an expenditure by the candidate. | 1010 |
(d)
"Made in coordination, cooperation, or
consultation
with, | 1030 |
or at the request or suggestion of, any
candidate or the
campaign | 1031 |
committee or agent of the
candidate" means made pursuant
to any | 1032 |
arrangement,
coordination, or direction by the candidate,
the | 1033 |
candidate's
campaign committee, or the candidate's agent prior
to | 1034 |
the
publication, distribution,
display, or broadcast of the | 1035 |
communication. An expenditure is
presumed to be so made when it
is | 1036 |
any of the following: | 1037 |
(18)
"Labor organization" means a labor
union; an employee | 1059 |
organization; a federation of labor unions,
groups, locals, or | 1060 |
other employee organizations; an auxiliary of
a labor union, | 1061 |
employee organization, or federation of labor unions, groups, | 1062 |
locals, or other employee organizations; or any other bona fide | 1063 |
organization in
which employees participate and that exists for | 1064 |
the purpose, in
whole or in part, of dealing with employers | 1065 |
concerning
grievances, labor disputes, wages, hours, and other | 1066 |
terms and
conditions of employment. | 1067 |
(21)
"Political contributing entity"
means any entity, | 1073 |
including a corporation or labor organization,
that may lawfully | 1074 |
make contributions and expenditures and that
is not an individual | 1075 |
or a political action committee, continuing
association, campaign | 1076 |
committee, political party, legislative
campaign fund, designated | 1077 |
state campaign committee, or state
candidate fund. For purposes
of | 1078 |
division (B)(21) of this section,
"lawfully" means not
prohibited | 1079 |
by any section of the Revised Code, or
authorized
by a
final | 1080 |
judgment of
a court of competent jurisdiction."Restricted fund" | 1081 |
means the fund a state or county political party must establish | 1082 |
under division (A)(1) of section 3517.1012 of the Revised Code. | 1083 |
(C) An expenditure by a continuing association, political | 1112 |
contributing entity, or
political party shall not be considered a | 1113 |
contribution to any
campaign committee or an expenditure by or on | 1114 |
behalf of any
campaign committee if the purpose of the expenditure | 1115 |
is for the
staff and maintenance of the continuing association's, | 1116 |
political
contributing entity's, or
political party's | 1117 |
headquarters, or for a political poll, survey,
index, or other | 1118 |
type of measurement not on behalf of a specific
candidate. | 1119 |
(F) An expenditure that purchases goods or services shall
be | 1130 |
attributed to an election when the disbursement of funds is
made, | 1131 |
rather than at the time the goods or services are used. The | 1132 |
secretary
of state, under the procedures of Chapter 119. of
the | 1133 |
Revised Code, shall establish rules for the attribution of | 1134 |
expenditures to a candidate when the candidate is a candidate
for | 1135 |
more than one office during a reporting period and for | 1136 |
expenditures made
in a year in which no election is held. The | 1137 |
secretary of
state shall
further define by rule those expenditures | 1138 |
that are or are not by or on behalf
of a candidate. | 1139 |
(C) A corporation, nonprofit corporation, or labor | 1169 |
organization shall report to a political
action
committee, or to a | 1170 |
separate segregated fund with respect to state
and local | 1171 |
elections, the following costs expended by the
corporation, | 1172 |
nonprofit corporation, or labor organization that are associated | 1173 |
with
establishing, administering,
and soliciting contributions to | 1174 |
the political action committee or
separate segregated fund | 1175 |
pursuant to division (A) of this
section: | 1176 |
The political action committee shall itemize the amounts
and | 1196 |
purposes of those costs expended by the
corporation, nonprofit | 1197 |
corporation, or labor organization and file
them as part of the | 1198 |
statement required of political
action
committees under division | 1199 |
(A) of section 3517.10 of the Revised
Code on a form prescribed by | 1200 |
the secretary of state. The
separate segregated fund with respect | 1201 |
to state and local
elections shall file with the secretary of | 1202 |
state a copy of the
portion of each report and statement required | 1203 |
under the
Federal
Election Campaign Act that applies to state and | 1204 |
local elections
at
the same time that the entire original report | 1205 |
is filed in
accordance with that act. | 1206 |
(D) Solicitations of contributions pursuant to division
(B) | 1207 |
of this section from employees of a
corporation or
members and | 1208 |
employees of a labor organization other than executive and | 1209 |
administrative employees of a corporation or officers and | 1210 |
executive and
administrative employees of a labor organization | 1211 |
shall be in
writing and shall not be made more than four times | 1212 |
during
each calendar year. Any person who solicits any employee of | 1213 |
a corporation or
member or employee of a labor organization for a | 1214 |
contribution to a political action committee established or | 1215 |
administered by
the corporation or labor organization under | 1216 |
division (A)(1) of
this section shall inform the employee or | 1217 |
member at the
time of the solicitation
that he may refuse to make | 1218 |
a contribution
without suffering any reprisal.(1) Contributions | 1219 |
shall not be obtained for a political action committee or a | 1220 |
separate segregated fund under this section by use of coercion or | 1221 |
physical force, by making a contribution a condition of employment | 1222 |
or membership, or by using or threatening to use job | 1223 |
discrimination or financial reprisals. Except as specified in this | 1224 |
division, a corporation, nonprofit corporation, or labor | 1225 |
organization shall not solicit or obtain contributions from an | 1226 |
individual described in division (B) of this section on an | 1227 |
automatic or passive basis, including, but not limited to, a | 1228 |
payroll deduction or reverse checkoff method. A corporation, | 1229 |
nonprofit corporation, or labor organization may solicit and | 1230 |
obtain contributions for a political action committee or a | 1231 |
separate segregated fund under this section from an individual | 1232 |
described in division (B) of this section on an automatic basis, | 1233 |
including, but not limited to, a payroll deduction plan, only if | 1234 |
the individual who is contributing to the political action | 1235 |
committee or separate segregated fund affirmatively consents to | 1236 |
the contribution at least once in every calendar year. | 1237 |
(3) If a corporation, nonprofit corporation, or labor | 1245 |
organization that obtains contributions from individuals described | 1246 |
in division (B) of this section pays to one or more of those | 1247 |
individuals a bonus or other remuneration for the purpose of | 1248 |
reimbursing those contributions, that corporation, nonprofit | 1249 |
corporation, or labor organization shall be fined twice the total | 1250 |
contributions obtained from all individuals for the political | 1251 |
action committee or separate segregated fund, as applicable, | 1252 |
during that calendar year. | 1253 |
Sec. 3517.09. (A) No person or committee shall solicit, ask, | 1260 |
invite, or demand, directly or indirectly, orally or in writing,
a | 1261 |
contribution, subscription, or payment from a
candidate for | 1262 |
nomination or election or from the campaign committee of that | 1263 |
candidate, and no person shall solicit, ask,
invite, or demand | 1264 |
that a candidate for nomination or election or the campaign | 1265 |
committee of that candidate subscribe to the
support of a club or | 1266 |
organization, buy tickets to an
entertainment, ball, supper, or | 1267 |
other meeting, or pay for space in
a book, program, or | 1268 |
publication. This division does not apply to any of the
following: | 1269 |
(B) No person shall coerce, intimidate, or cause harm to | 1278 |
another
person by an act or failure to act, or shall threaten to | 1279 |
coerce,
intimidate,
or cause harm to another person, because that | 1280 |
other person makes
or does not
make a contribution to a candidate, | 1281 |
campaign committee, political
party, legislative campaign fund, | 1282 |
political action committee,
or political contributing entity | 1283 |
electioneering communication committee. | 1284 |
(C) An employer or labor organization that, directly
or | 1285 |
through another person, solicits an employee of the employer
or a | 1286 |
member of the labor organization(1) Contributions shall not be | 1287 |
obtained by an employer or labor organization for a contribution | 1288 |
to a
candidate, campaign committee, political
action committee, | 1289 |
legislative campaign fund, political party,
or political | 1290 |
contributing entity shall inform the employee or member at
the | 1291 |
time of the
solicitation that making a contribution is voluntary | 1292 |
and that a
decision of the employee or member to make a | 1293 |
contribution or not
to make a contribution will not benefit the | 1294 |
employee or member or
place the employee or member at a | 1295 |
disadvantage with respect to
employment by the employer or | 1296 |
membership in the labor
organizationelectioneering communication | 1297 |
committee by use of coercion or physical force, by making a | 1298 |
contribution a condition of employment or membership, or by using | 1299 |
or threatening to use job discrimination or financial reprisals. | 1300 |
Except as specified in this division, an employer or labor | 1301 |
organization, directly or through another person, shall not | 1302 |
solicit or obtain contributions from an employee or member on an | 1303 |
automatic or passive basis, including, but not limited to, a | 1304 |
payroll deduction or reverse checkoff method. An employer or labor | 1305 |
organization, directly or through another person, may solicit and | 1306 |
obtain contributions for a candidate, campaign committee, | 1307 |
political action committee, legislative campaign fund, political | 1308 |
party, or electioneering communication committee from an employee | 1309 |
or member on an automatic basis, including, but not limited to, a | 1310 |
payroll deduction plan, only if the employee or member who is | 1311 |
contributing to the candidate, campaign committee, political | 1312 |
action committee, legislative campaign fund, political party, or | 1313 |
electioneering communication committee affirmatively consents to | 1314 |
the contribution at least once in every calendar year. | 1315 |
(3) If an employer or labor organization that obtains | 1323 |
contributions from employees or members pays to one or more of | 1324 |
those employees or members a bonus or other remuneration for the | 1325 |
purpose of reimbursing those contributions, that employer or labor | 1326 |
organization shall be fined twice the total contributions obtained | 1327 |
from all individuals for the candidate, campaign committee, | 1328 |
political action committee, legislative campaign fund, political | 1329 |
party, or electioneering communication committee, as applicable, | 1330 |
during that calendar year. | 1331 |
Sec. 3517.10. (A) Except as otherwise provided in this | 1412 |
division, every campaign committee, political action committee, | 1413 |
legislative campaign fund, and political party, and political | 1414 |
contributing entity
that made or received a contribution or made | 1415 |
an expenditure in connection with the nomination or election of | 1416 |
any candidate or in connection with any ballot issue or question | 1417 |
at any election held or to be held in this state shall file, on a | 1418 |
form prescribed under this section,or by electronic means of | 1419 |
transmission as provided in this section and section 3517.106 of | 1420 |
the Revised
Code, or, until
March 1,
2004, on computer disk
as | 1421 |
provided in section 3517.106 of the Revised Code, a
full, true, | 1422 |
and
itemized
statement, made under penalty of election | 1423 |
falsification, setting
forth in detail the contributions and | 1424 |
expenditures, nonot later than
four p.m. of the following dates: | 1425 |
No statement under division (A)(3) or (4) of this section | 1472 |
shall be
required for any year in which a campaign committee, | 1473 |
political
action committee, legislative campaign fund, or | 1474 |
political party, or
political contributing entity is required to | 1475 |
file a
postgeneral
election statement under
division (A)(2)
of | 1476 |
this
section.
However,
such a statement may be filed, at the | 1477 |
option
of the
campaign
committee, political action committee, | 1478 |
legislative
campaign fund, or
political party, or political | 1479 |
contributing entity. | 1480 |
No statement under division (A)(3) or (4) of this section | 1481 |
shall be
required if the campaign committee, political action | 1482 |
committee,
legislative campaign fund, or political party, or | 1483 |
political
contributing entity has no
contributions that it has | 1484 |
received and
no expenditures that it has made since the
last date | 1485 |
reflected in
its last previously filed statement.
However, the | 1486 |
campaign
committee, political action committee,
legislative | 1487 |
campaign fund, or
political party, or political
contributing | 1488 |
entity shall
file a
statement to that effect, on a form prescribed | 1489 |
under this
section
and made under penalty of election | 1490 |
falsification, on the
date
required in division (A)(3) or (4) of | 1491 |
this section, as applicable. | 1492 |
The campaign committee of a statewide candidate shall
file a | 1493 |
monthly statement of contributions received during each of
the | 1494 |
months of July, August, and September
in the year of the general | 1495 |
election in which the candidate seeks
office. The campaign | 1496 |
committee of a statewide candidate shall
file the monthly | 1497 |
statement
not later than three business days after the last day of | 1498 |
the
month covered by the statement. During the period
beginning
on | 1499 |
the
nineteenth day before the general election in which a | 1500 |
statewide candidate
seeks election to office and extending through | 1501 |
the day of that general
election, each time the campaign committee | 1502 |
of the joint candidates for the
offices of governor and
lieutenant | 1503 |
governor or of a candidate for the office of secretary of state, | 1504 |
auditor of state, treasurer of state, or attorney general receives | 1505 |
a
contribution from a contributor that causes the aggregate amount | 1506 |
of contributions received from that contributor during that
period | 1507 |
to equal or exceed twoten thousand five hundred dollars and each | 1508 |
time
the
campaign committee of a candidate for the office of chief | 1509 |
justice or
justice of the supreme court receives a contribution | 1510 |
from a
contributor that causes the aggregate amount of | 1511 |
contributions
received from that contributor during that period to | 1512 |
exceed five
hundredten thousand dollars, the campaign committee | 1513 |
shall file a
two-business-day statement reflecting that | 1514 |
contribution. During
the period beginning on the nineteenth
day | 1515 |
before a
primary
election in which a candidate for statewide | 1516 |
office seeks
nomination to office and extending through the day
of | 1517 |
that primary
election, each time either the campaign committee of | 1518 |
a
statewide
candidate in that primary election that files a
notice | 1519 |
under
division (C)(1) of section 3517.103 of the Revised Code or | 1520 |
the
campaign committee
of a statewide candidate in that primary | 1521 |
election to which, in
accordance with division (D) of section | 1522 |
3517.103 of the
Revised Code, the contribution limitations | 1523 |
prescribed in
section 3517.102 of the Revised Code
no longer apply | 1524 |
receives a contribution
from a contributor that causes the | 1525 |
aggregate amount of
contributions received from that contributor | 1526 |
during that period
to exceed twoten thousand five hundred | 1527 |
dollars,
the campaign
committee shall file a two-business-day | 1528 |
statement
reflecting
that contribution.
Contributions reported on | 1529 |
a
two-business-day statement
required to be filed by a campaign | 1530 |
committee of a statewide
candidate in a primary election shall | 1531 |
also be included
in the postprimary election statement required to | 1532 |
be filed by
that campaign committee under division (A)(2) of this | 1533 |
section. A two-business-day statement required by this
paragraph | 1534 |
shall be filed not
later than two business days after receipt of | 1535 |
the contribution. The
statements required by this paragraph shall | 1536 |
be filed in
addition to any other statements required by this | 1537 |
section. | 1538 |
Subject to the secretary
of state
having implemented, tested, | 1539 |
and verified the successful
operation of any system the secretary | 1540 |
of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of | 1541 |
this
section and division
(H)(1) of section 3517.106 of the | 1542 |
Revised Code for the
filing
of
campaign finance statements by | 1543 |
electronic means of transmission,
a campaign committee
of a | 1544 |
statewide
candidate shall file a two-business-day
statement under | 1545 |
the
preceding paragraph
by electronic means of transmission if the | 1546 |
campaign committee
is required to file a preelectionpre-election, | 1547 |
postelection, or
monthly statement of contributions and | 1548 |
expenditures by
electronic means of transmission under this | 1549 |
section or section
3517.106 of the Revised
Code. | 1550 |
(b)(i) The full name and address of each person, political | 1578 |
party, campaign committee, legislative campaign fund, or
political | 1579 |
action committee, or political contributing entity
from whom | 1580 |
contributions are received and the
registration number assigned to | 1581 |
the
political action committee under division (D)(1) of this | 1582 |
section. The requirement of filing the full address does not
apply | 1583 |
to any statement filed by a state or local committee of a | 1584 |
political
party, to a finance committee of
such committee, or to a | 1585 |
committee recognized by a state or local
committee as its | 1586 |
fund-raising auxiliary. Notwithstanding
division (F)(1) of this | 1587 |
section, the requirement of filing the full
address shall be | 1588 |
considered as being met if the address filed is
the same address | 1589 |
the contributor provided under division
(E)(1) of this section. | 1590 |
(ii) If a political action committee, legislative campaign | 1591 |
fund, or political party that is required to file campaign finance | 1592 |
statements by electronic means of transmission under section | 1593 |
3517.106 of the Revised Code or a campaign committee of a | 1594 |
statewide candidate or
candidate for the office of member of the | 1595 |
general assembly
receives a
contribution from an individual that | 1596 |
exceeds one
hundred dollars, the name of the individual's current | 1597 |
employer,
if
any, or, if the individual is self-employed, the | 1598 |
individual's
occupation and the name of the individual's business, | 1599 |
if any; | 1600 |
(e) A separately itemized account of all contributions and | 1613 |
expenditures regardless of the amount, except a receipt of a | 1614 |
contribution from a person in the sum of twenty-five dollars or | 1615 |
less at one social or fund-raising activity and a receipt of a | 1616 |
contribution
transmitted pursuant to section 3599.031 of the | 1617 |
Revised Code from amounts
deducted from the wages and salaries of | 1618 |
employees if the contribution from the
amount deducted from the | 1619 |
wages and salary of any one employee is twenty-five
dollars or | 1620 |
less aggregated in a calendar year. An account of the total | 1621 |
contributions from each social or fund-raising activity shall | 1622 |
include a
description of and the value of each in-kind | 1623 |
contribution received at that
activity from any person who made | 1624 |
one or more
such contributions whose aggregate value exceeded two | 1625 |
hundred
fifty dollars and shall be listed separately, together | 1626 |
with the expenses
incurred and paid in connection with that | 1627 |
activity. A campaign committee,
political action committee, | 1628 |
legislative campaign fund, or political
party, or political | 1629 |
contributing entity
shall keep records of contributions from each | 1630 |
person in the amount of
twenty-five dollars or less at one social | 1631 |
or fund-raising activity and
contributions from amounts deducted | 1632 |
under section 3599.031 of the Revised Code
from the wages and | 1633 |
salary of each employee in the amount of twenty-five
dollars or | 1634 |
less aggregated in a calendar year. No continuing association
that | 1635 |
is recognized by a state or local committee of a political
party | 1636 |
as an
auxiliary of the party and that makes a contribution
from | 1637 |
funds derived solely
from regular dues paid by members of the | 1638 |
auxiliary shall be required to list
the name or address of any | 1639 |
members who paid those dues. | 1640 |
(C)(1) The statement of contributions and expenditures
shall | 1674 |
be signed by the person completing the form. If a statement of | 1675 |
contributions and expenditures is filed by electronic means of | 1676 |
transmission
pursuant to this
section or section 3517.106 of the | 1677 |
Revised Code, the
electronic signature of the person who executes | 1678 |
the statement and transmits
the statement by electronic means of | 1679 |
transmission, as
provided in division (H) of section 3517.106 of | 1680 |
the Revised
Code, shall be attached to or associated with the | 1681 |
statement and shall
be binding on all persons and for all purposes | 1682 |
under the campaign finance
reporting law as if the
signature had | 1683 |
been handwritten in ink on a printed form. | 1684 |
(5) The campaign committee of any person who attempts to | 1702 |
become
a candidate and who, for any reason, does not become | 1703 |
certified in
accordance with Title XXXV of the Revised Code for | 1704 |
placement on
the official ballot of a primary, general, or special | 1705 |
election to
be held in this state, and who, at any time prior to | 1706 |
or after an
election, receives contributions or makes | 1707 |
expenditures, or has
given consent for another to receive | 1708 |
contributions or make
expenditures, for the purpose of bringing | 1709 |
about the person's
nomination or election to public office, shall | 1710 |
file the statement
or statements prescribed by this section and a | 1711 |
termination
statement, if applicable. This paragraphDivision | 1712 |
(C)(5) of this section does not
apply to any
person with respect | 1713 |
to an election to the offices of
member of a
county or state | 1714 |
central committee, presidential
elector, or
delegate to a national | 1715 |
convention or conference of a
political
party. | 1716 |
(b) The secretary of state shall prescribe the form for all | 1722 |
statements
required to be
filed under this section
and
shall | 1723 |
furnish the forms to the boards of elections in
the several | 1724 |
counties. The boards
of elections shall supply printed copies of | 1725 |
those forms without charge. The
secretary of state
shall
prescribe | 1726 |
the appropriate methodology, protocol, and data file
structure for | 1727 |
statements required or permitted to
be filed by
electronic means | 1728 |
of transmission under division (A) of
this
section and,
divisions | 1729 |
(E), (F), and (G) of section 3517.106, division (D) of section | 1730 |
3517.1011, and division (B) of section 3517.1012 of
the
Revised | 1731 |
Code and for statements permitted to be filed on
computer
disk | 1732 |
under division (F) of section 3517.106 of the
Revised Code. | 1733 |
Subject to division (A) of this
section and, divisions
(E), (F), | 1734 |
and (G) of section 3517.106, division (D) of section 3517.1011, | 1735 |
and division (B) of section 3517.1012 of the
Revised
Code, the | 1736 |
statements
required to be stored on
computer by the secretary of | 1737 |
state under
division (B) of section
3517.106 of the Revised Code | 1738 |
shall be
filed in whatever format
the secretary of state considers | 1739 |
necessary to enable
the secretary of state to store the | 1740 |
information contained in
the statements on computer. Any such | 1741 |
format shall be of a type and nature that is readily available to | 1742 |
whoever is
required to file the statements in that format. | 1743 |
(c) The secretary of state shall assess the need for
training | 1744 |
regarding the filing of campaign finance statements by
electronic | 1745 |
means of
transmission and regarding associated
technologies for | 1746 |
candidates, campaign committees, political action
committees, | 1747 |
legislative campaign funds, or political parties,
political | 1748 |
contributing
entities, orfor individuals, partnerships, or
other | 1749 |
entities, or for electioneering communication committees, required | 1750 |
or
permitted to file statements by
electronic means of | 1751 |
transmission under this
section or section
3517.105 or, 3517.106, | 1752 |
3517.1011, or 3517.1012 of the Revised Code. If, in the opinion of | 1753 |
the secretary
of state,
training in these areas is necessary, the | 1754 |
secretary of state shall arrange
for the provision of voluntary | 1755 |
training programs for candidates, campaign
committees, political | 1756 |
action committees, legislative campaign funds, or political | 1757 |
parties,
political contributing entities, andfor individuals, | 1758 |
partnerships,
and
other entities, or for electioneering | 1759 |
communication committees, as appropriate. | 1760 |
(D)(1) Prior to receiving a contribution or making an | 1766 |
expenditure, every
campaign committee, political action
committee, | 1767 |
legislative campaign fund, or political party, or
political | 1768 |
contributing entity
shall appoint a treasurer and shall
file, on a | 1769 |
form prescribed by the secretary of state, a
designation of that | 1770 |
appointment,
including the full name and address of the treasurer | 1771 |
and of the
campaign committee, political
action committee, | 1772 |
legislative campaign fund, or political
party, or political | 1773 |
contributing entity. That designation shall
be filed with
the | 1774 |
official with whom the campaign committee,
political action | 1775 |
committee, legislative campaign fund, or
political party, or | 1776 |
political contributing entity is required to
file statements under | 1777 |
section 3517.11 of the
Revised Code. The name of a campaign | 1778 |
committee shall include at least the
last name of the campaign | 1779 |
committee's candidate. The secretary of
state shall assign a | 1780 |
registration number to each political action
committee that files | 1781 |
a designation of the appointment of a treasurer under
this | 1782 |
division
(D)(1) of this section if the political action committee | 1783 |
is
required
by division (A)(1) of section 3517.11 of the Revised | 1784 |
Code
to file the
statements prescribed by this section with the | 1785 |
secretary of state. | 1786 |
(c) A state or county political party may
establish a state | 1798 |
candidate fund that is separate from an account that
contains the | 1799 |
public moneys received from the Ohio political party fund
under | 1800 |
section 3517.17 of the Revised Code and from all other funds. A | 1801 |
state
or county political party may deposit into its state | 1802 |
candidate fund any
amounts of monetary contributions that are made | 1803 |
to or accepted by the
political party subject to the applicable | 1804 |
limitations, if any, prescribed in
section 3517.102 of the Revised | 1805 |
Code. A state or county political party
shall deposit all other | 1806 |
monetary contributions received by the
party into one or more | 1807 |
accounts
that are separate from its state candidate fund and from | 1808 |
its account that contains the public moneys received from the Ohio | 1809 |
political party fund under section 3517.17 of the Revised Code. | 1810 |
(d) Each state political party shall have only one | 1811 |
legislative campaign fund
for each house of the general assembly. | 1812 |
Each such fund shall be separate from
any other funds or accounts | 1813 |
of that state party. A legislative campaign fund
is authorized to | 1814 |
receive contributions and make expenditures for the primary | 1815 |
purpose of furthering the election of candidates who are members | 1816 |
of that
political party to the house of the general assembly with | 1817 |
which that
legislative campaign fund is associated. Each | 1818 |
legislative campaign fund shall
be administered and controlled in | 1819 |
a manner designated by the caucus. As used
in this division | 1820 |
(D)(3)(d)
of this section, "caucus" has the same meaning as in | 1821 |
section
3517.01 of the Revised Code and includes, as an ex officio | 1822 |
member,
the
chairperson of the state political party with which | 1823 |
the caucus
is
associated or that chairperson's designee. | 1824 |
(7) The secretary of state, pursuant to division
(I) of | 1854 |
section 3517.106 of the Revised Code, shall
make available online | 1855 |
to the public through the internet the contribution and | 1856 |
expenditure, contribution and disbursement, or deposit and | 1857 |
disbursement information in
all statements, all addenda, | 1858 |
amendments, or other corrections to statements,
and all amended | 1859 |
statements filed with the secretary of state by electronic or | 1860 |
other means of transmission under this section, division
(B)(2)(b) | 1861 |
or (C)(2)(b) of
section 3517.105, or section 3517.106, 3517.1011, | 1862 |
3517.1012, or 3517.11
of the Revised Code. The secretary of state | 1863 |
may remove the
information from the internet after a reasonable | 1864 |
period of
time. | 1865 |
(E)(1) Any person, political party, campaign committee, | 1866 |
legislative campaign fund, or
political action committee, or | 1867 |
political contributing entity
that makes a contribution in | 1868 |
connection with the nomination or election of any candidate or in | 1869 |
connection with any ballot issue or question at any election held | 1870 |
or to be held in this state shall provide its full name and | 1871 |
address to the recipient of the contribution at the time the | 1872 |
contribution is made. The political action committee also
shall | 1873 |
provide the registration number assigned to the committee under | 1874 |
division
(D)(1) of this section to the recipient of the | 1875 |
contribution at the time the
contribution is made. | 1876 |
(2) Any individual who makes a contribution that
exceeds one | 1877 |
hundred dollars to a campaign committee of a statewide candidate | 1878 |
or candidate for the office of member of the general assembly | 1879 |
shall provide
the name of the individual's current employer, if | 1880 |
any, or, if
the individual is
self-employed, the individual's | 1881 |
occupation and the name of the individual's business, if any, to | 1882 |
the recipient of the contribution at the time the
contribution is | 1883 |
made. Sections 3599.39 and 3599.40 of the Revised
Code do not | 1884 |
apply to division (E)(2) of this section. | 1885 |
(3) If a campaign committee shows that it has exercised its | 1886 |
best efforts to
obtain, maintain, and submit the information | 1887 |
required under divisions
(B)(4)(b)(ii) and (iii) of this section, | 1888 |
that committee is considered to have
met the requirements of those | 1889 |
divisions. A campaign committee shall not be
considered to have | 1890 |
exercised its best efforts unless, in connection with written | 1891 |
solicitations,
it regularly includes a written request for the | 1892 |
information required under
division (B)(4)(b)(ii) of this section | 1893 |
from the contributor or the information
required under division | 1894 |
(B)(4)(b)(iii) of this section from whoever transmits
the | 1895 |
contribution. | 1896 |
(1) "Address" means all of the
following if they exist: | 1902 |
apartment number, street, road, or
highway name and number, rural | 1903 |
delivery route number, city or
village, state, and zip code as | 1904 |
used in a person's
post-office address, but not post-office box.
| 1905 |
If an address is required in this section, a post-office box and | 1906 |
office, room, or suite number may be included in addition to but | 1907 |
not in lieu of an apartment, street, road, or highway name and | 1908 |
number. If an
address is required in this section, a
campaign | 1909 |
committee, political action committee, legislative campaign fund, | 1910 |
or
political party, or political contributing entity may use
the | 1911 |
business or residence address of its treasurer or deputy | 1912 |
treasurer. The post-office box number of the campaign committee, | 1913 |
political action committee, legislative campaign fund, or | 1914 |
political
party, or political contributing entity may be used in | 1915 |
addition to
that address. | 1916 |
(H)(1) Except as otherwise provided in division (H)(2)
of | 1927 |
this section, if, during the combined preelectionpre-election and | 1928 |
postelection
reporting periods
for an election, a campaign | 1929 |
committee has
received contributions of five
hundred dollars or | 1930 |
less and has
made expenditures in the total amount of five
hundred | 1931 |
dollars or
less, it may file a statement to that effect, under | 1932 |
penalty
of
election falsification, in lieu of the statement | 1933 |
required by
division
(A)(2) of this section. The statement shall | 1934 |
indicate the
total
amount of contributions received and the total | 1935 |
amount of
expenditures made
during those combined reporting | 1936 |
periods. | 1937 |
(2) In the case of a successful candidate at a primary | 1938 |
election, if either
the
total contributions received by or the | 1939 |
total expenditures made by the
candidate's campaign committee | 1940 |
during the preprimary, postprimary, pregeneral,
and postgeneral | 1941 |
election periods combined equal more than five hundred
dollars, | 1942 |
the campaign committee may file the statement under division | 1943 |
(H)(1)
of this section only for the primary election. The first | 1944 |
statement that the
campaign committee files in regard to the | 1945 |
general election shall reflect all
contributions received and all | 1946 |
expenditures made during the preprimary and
postprimary election | 1947 |
periods. | 1948 |
(K)(1) In addition to filing a designation of appointment
of | 1985 |
a treasurer under division
(D)(1) of this section, the campaign | 1986 |
committee of any candidate
for an elected municipal office that | 1987 |
pays an annual amount of
compensation of five thousand dollars or | 1988 |
less, the campaign
committee of any candidate for member of a | 1989 |
board of education
except member of the state board of education, | 1990 |
or the campaign
committee of any candidate for township trustee or | 1991 |
township
clerk may sign, under penalty of election falsification, | 1992 |
a
certificate attesting that the committee will not accept | 1993 |
contributions during an election period that exceed in the | 1994 |
aggregate two thousand dollars from all contributors and one | 1995 |
hundred dollars from any one individual, and that the campaign | 1996 |
committee will not make expenditures during an election period | 1997 |
that exceed in the aggregate two thousand dollars. | 1998 |
(3) If, after filing a certificate under division (K)(1)
of | 2008 |
this section, a campaign committee exceeds any of the
limitations | 2009 |
described in that division during an election
period, the | 2010 |
certificate is void and thereafter the campaign
committee shall | 2011 |
file the statements required by
division (A) of this section. If | 2012 |
the
campaign committee has not previously
filed a statement, then | 2013 |
on
the first statement the campaign
committee is required to file | 2014 |
under division (A) of this section
after
the committee's | 2015 |
certificate is
void, the committee shall report all
contributions | 2016 |
received and
expenditures made from the time the
candidate filed | 2017 |
the
candidate's declaration of candidacy and
petition, nominating | 2018 |
petition, or declaration of intent to be a
write-in candidate. | 2019 |
(L) Notwithstanding division
(B)(4) of this
section, a | 2028 |
political contributing entity that receives
contributions from the | 2029 |
dues, membership fees, or other assessments of its
members or from | 2030 |
its officers,
shareholders, and employees may report the aggregate | 2031 |
amount of
contributions received from those contributors and the | 2032 |
number of
individuals making those contributions, for each filing | 2033 |
period
identified under divisions (A)(1), (2), and
(3) of this | 2034 |
section. Division
(B)(4) of this section applies
to a political | 2035 |
contributing entity with regard to contributions
it receives from | 2036 |
all other contributors. | 2037 |
(f) Two(vi) Ten thousand five hundred dollars to another | 2156 |
political
action committee or to a political contributing entity | 2157 |
in a
calendar
year. This division does
not apply to a political | 2158 |
action
committee that makes a contribution to a
political action | 2159 |
committee or to a political contributing entity
affiliated with | 2160 |
it. For purposes of this division, a political action
committee
is | 2161 |
affiliated with
another political action committee or with a | 2162 |
political contributing
entity if they are both established, | 2163 |
financed,
maintained, or controlled by, or if they are, the same | 2164 |
corporation, organization, labor
organization, continuing | 2165 |
association, or other person, including any parent,
subsidiary, | 2166 |
division, or department of that corporation, organization, labor | 2167 |
organization, continuing association, or other person. | 2168 |
(c) A county political party that has no state candidate
fund | 2247 |
and that is
located in a county having a population of less
than | 2248 |
one hundred fifty
thousand may make one or more contributions
from | 2249 |
other accounts to any one statewide candidate or to any one | 2250 |
designated state campaign committee
that do not exceed, in the | 2251 |
aggregate, two thousand five hundred
dollars in any primary | 2252 |
election period
or general election period.
As used in this | 2253 |
division,
"other accounts"
does not include either
an account that | 2254 |
contains the public
moneys received from the Ohio
political party | 2255 |
fund under section 3517.17 of
the Revised Code or
the county | 2256 |
political party's operating account. | 2257 |
(f) Two thousand five hundred
dollars to another political | 2278 |
contributing entity or to a
political action committee in a | 2279 |
calendar year. This division does not
apply to a political | 2280 |
contributing
entity that makes a contribution to a political | 2281 |
contributing
entity or to a political action committee affiliated | 2282 |
with it. For
purposes of this division, a political contributing | 2283 |
entity is
affiliated with another political contributing entity or | 2284 |
with a
political action committee if they are both established, | 2285 |
financed, maintained, or controlled by, or if they are, the same | 2286 |
corporation,
organization, labor organization, continuing | 2287 |
association, or
other person, including any parent, subsidiary, | 2288 |
division, or
department of that corporation, organization, labor | 2289 |
organization, continuing association, or other person. | 2290 |
(4)(a)(i) Subject to division (D)(1)(C)(4)(a)(ii) of this | 2335 |
section and except for a designated state campaign committee, no | 2336 |
county
political party shall accept a
contribution or | 2337 |
contributions for
the party's state candidate
fund aggregating | 2338 |
more than fiveten
thousand dollars from any one
individual,who | 2339 |
resides within that county or from any one political
action | 2340 |
committee, from any one political contributing entity, or
from any | 2341 |
one campaign committee, other than a designated
state
campaign | 2342 |
committee, in a calendar year. | 2343 |
(b) Subject to division (D)(1) of this section, no
political | 2397 |
action committee shall accept a contribution or contributions | 2398 |
aggregating more than twoten thousand five hundred dollars from | 2399 |
another political
action committee or from a political | 2400 |
contributing entity in a calendar
year. Subject to division
(D)(1) | 2401 |
of this section, no political
contributing entity shall
accept a | 2402 |
contribution or contributions
aggregating more than two
thousand | 2403 |
five hundred dollars from
another political contributing
entity or | 2404 |
from a political action
committee in a calendar year.
This | 2405 |
division does not apply to a
political action
committee or | 2406 |
political
contributing entity that accepts a
contribution from a | 2407 |
political action committee or political contributing
entity | 2408 |
affiliated with it. For purposes of this division, a political | 2409 |
action
committee is affiliated with another political action | 2410 |
committee or
political contributing entity if they are | 2411 |
established, financed, maintained, or controlled by the same | 2412 |
corporation,
organization, labor organization, continuing | 2413 |
association, or other person,
including any parent, subsidiary, | 2414 |
division, or department of that corporation,
organization, labor | 2415 |
organization, continuing association, or other person. | 2416 |
(D)(1)(a) For purposes of the limitations prescribed
in | 2417 |
division (B)(2) of this section and the limitations
prescribed in | 2418 |
divisions (C)(1), (2), (3), (4), (5),
and (7)(b) of this section, | 2419 |
whichever is applicable, all contributions made by and all | 2420 |
contributions
accepted from
political action committees that are | 2421 |
established, financed,
maintained, or controlled by the same | 2422 |
corporation, organization,
labor organization, continuing | 2423 |
association, or other person, including any
parent, subsidiary, | 2424 |
division, or department of that corporation,
organization, labor | 2425 |
organization, continuing association, or other person, are | 2426 |
considered to have been made by or accepted from a single | 2427 |
political action committee. | 2428 |
(b) For purposes of the limitations prescribed in division | 2429 |
(B)(7) of
this section and the limitations prescribed in divisions | 2430 |
(C)(1),
(2), (3), (4), (5), and (7)(b) of this section,
whichever | 2431 |
is applicable, all contributions made by and all
contributions | 2432 |
accepted from political contributing entities that
are | 2433 |
established, financed, maintained, or controlled by, or that are, | 2434 |
the same
corporation, organization, labor organization, continuing | 2435 |
association, or other person, including any parent, subsidiary, | 2436 |
division, or department of that corporation, organization, labor | 2437 |
organization, continuing association, or other person, are | 2438 |
considered to have been made by or accepted from a single | 2439 |
political contributing entity. | 2440 |
(2) As used in divisions (B)(1)(f)(a)(vii), (B)(3)(d), | 2441 |
(B)(4), and
(C)(7) of this
section,
"political action committee" | 2442 |
does not
include a political action
committee that is organized to | 2443 |
support
or oppose a ballot issue
or question and that makes no | 2444 |
contributions to or expenditures
on behalf of a political party, | 2445 |
campaign committee, legislative
campaign fund, or political action | 2446 |
committee, or political
contributing entity. As used in divisions | 2447 |
(B)(1)(g),
(B)(3)(e), (B)(4), and (C)(7)
of this section, | 2448 |
"political contributing entity" does not
include a political | 2449 |
contributing entity that is organized to support or oppose
a | 2450 |
ballot issue or question and that makes no contributions to or | 2451 |
expenditures on behalf of a political party, campaign committee, | 2452 |
legislative campaign fund, political action committee, or | 2453 |
political
contributing entity. | 2454 |
(2)(a) Any legislative campaign fund that
has kept a total | 2468 |
amount of contributions in excess of the amount specified in | 2469 |
division (E)(1) of this section at the close of
business on the | 2470 |
seventh day before the
postgeneral election statement is required | 2471 |
to be filed under section 3517.10
of the Revised Code shall | 2472 |
dispose of the excess amount in the manner
prescribed in division | 2473 |
(E)(2)(c)(b)(i), (ii), or (iii) of this section not later
than | 2474 |
ninety
days after the day the postgeneral
election statement is | 2475 |
required
to be filed under section 3517.10 of the
Revised Code. | 2476 |
Any
legislative campaign fund that is required to
dispose of
an | 2477 |
excess
amount of contributions under this division shall file a | 2478 |
statement
on the ninetieth day after the postgeneral election | 2479 |
statement is
required to
be filed under section 3517.10 of the | 2480 |
Revised Code
indicating the total amount
of contributions the fund | 2481 |
has at the
close of
business on the seventh day before the | 2482 |
postgeneral
election statement is required to be filed under | 2483 |
section 3517.10
of the Revised Code and
that the
excess | 2484 |
contributions were
disposed of pursuant to this division and | 2485 |
divisionsdivision
(E)(2)(b) and
(c) of this section. The | 2486 |
statement shall be on a form prescribed
by the secretary of state | 2487 |
and shall
contain any additional
information the secretary of | 2488 |
state considers necessary. | 2489 |
(3)(ii) A loan obtained by, guaranteed by, or for the benefit | 2527 |
of a statewide candidate, senate candidate, or house candidate | 2528 |
shall be considered "personal funds" subject to the provisions of | 2529 |
this section and section 3517.1010 of the Revised Code to the | 2530 |
extent that the loan is obtained or guaranteed by the candidate or | 2531 |
is for the benefit of the candidate and is obtained or guaranteed | 2532 |
by the candidate's spouse, parents, children, sons-in-law, | 2533 |
daughters-in-law, brothers, sisters, grandparents, mother-in-law, | 2534 |
father-in-law, brothers-in-law, sisters-in-law, or grandparents by | 2535 |
marriage. A loan that is obtained or guaranteed and that is for | 2536 |
the benefit of a statewide candidate, senate candidate, or house | 2537 |
candidate shall not be considered "personal funds" for the | 2538 |
purposes of this section and section 3517.1010 of the Revised Code | 2539 |
but shall be considered to be a "contribution" for the purposes of | 2540 |
this chapter if the loan is obtained or guaranteed by anyone other | 2541 |
than the candidate or the candidate's spouse, parents, children, | 2542 |
sons-in-law, daughters-in-law, brothers, sisters, grandparents, | 2543 |
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or | 2544 |
grandparents by marriage. | 2545 |
(C)(1) If the campaign committee of any
statewide candidate | 2576 |
has received or expended or expects to expend more
than
one | 2577 |
hundred thousand dollars of personal funds during a primary | 2578 |
election period or one hundred fifty thousand dollars of personal | 2579 |
funds during
a general election period, the
campaign committee | 2580 |
shall file a personal funds notice in the manner provided
in | 2581 |
division (C)(3) of this section indicating that the
committee has | 2582 |
received or expended or expects to expend more than that
amount. | 2583 |
For the purpose of this division, a joint team of candidates
for | 2584 |
governor and lieutenant
governor shall be considered a single | 2585 |
candidate and their
personal funds shall be combined. | 2586 |
(b) The statement of primary-day
finances or the year-end | 2672 |
statement required to be filed under division
(E) of section | 2673 |
3517.1010 of the Revised Code shall
be filed not later than | 2674 |
fourteen days after the date the candidate's opponent fails to | 2675 |
file a declaration of candidacy or nominating petition by the | 2676 |
appropriate
filing deadline, or dies
or withdraws. For purposes of | 2677 |
calculating permitted funds under division
(A)(7)(4) of section | 2678 |
3517.1010 of the Revised Code, the primary or
general election | 2679 |
period, whichever is applicable, shall be considered to have ended | 2680 |
on the
filing deadline, in the case of an opponent who fails to | 2681 |
file a declaration of
candidacy or nominating petition, or on the | 2682 |
date of the opponent's death or
withdrawal. In such an event, the | 2683 |
filing of a statement of primary-day
finances or year-end finances | 2684 |
and the disposing of any excess funds as
required under division | 2685 |
(B) of section 3517.1010 of the Revised Code
satisfies the | 2686 |
candidate's obligation to file such a statement for that election | 2687 |
period. | 2688 |
Sec. 3517.104. (A) In January of
each odd-numbered year, the | 2728 |
secretary of state, in accordance
with this division and division | 2729 |
(B) of this section,
shall adjust each amount specified in section | 2730 |
3517.102
and in division (B)(4)(e) of section 3517.10
of the | 2731 |
Revised Code. The adjustment shall be
based on the yearly average | 2732 |
of the previous two years of the
Consumer Price Index for All | 2733 |
Urban Consumers or its successive equivalent, as
determined by the | 2734 |
United States department of
labor, bureau of labor statistics, or | 2735 |
its successor in
responsibility, for all items, Series A. Using | 2736 |
the 1996 yearly average as the base year, the secretary of state | 2737 |
shall compare the most current average consumer price index with | 2738 |
that determined in the preceding odd-numbered year, and shall | 2739 |
determine the percentage increase or decrease. The percentage | 2740 |
increase or decrease shall be multiplied by the actual dollar | 2741 |
figure for each office or entity specified in
section 3517.102 of | 2742 |
the Revised Code and by each actual
dollar figure specified in | 2743 |
division
(B)(4)(e) of section 3517.10 of the
Revised Code as | 2744 |
determined in the previous
odd-numbered year, and the product | 2745 |
shall be added to or
subtracted from its corresponding actual | 2746 |
dollar figure, as
necessary, for that previous odd-numbered year. | 2747 |
The | 2748 |
(3) On or before the twenty-fifth day of
February of each | 2776 |
odd-numbered year, the secretary of
state shall prepare a report | 2777 |
setting forth the maximum
contribution limitations under section | 2778 |
3517.102 of the Revised
Code, the maximum amounts, if any, of | 2779 |
contributions
permitted to
be kept under that section, and the | 2780 |
amounts required under division
(B)(4)(e) of section 3517.10 of | 2781 |
the Revised Code for
reporting contributions and in-kind | 2782 |
contributions at social or fund-raising activities and | 2783 |
contributions from amounts deducted from an employee's wages and | 2784 |
salary, as calculated and certified
pursuant to divisions (A) and | 2785 |
(B)(1) and (2) of
this section. The report and all documents | 2786 |
relating to the
calculations contained in the report are public | 2787 |
records. The
report shall contain an indication of the period in | 2788 |
which the
limitations, the maximum contribution amounts, and the | 2789 |
reporting
amounts apply, a summary of
how the limitations, the | 2790 |
maximum contribution amounts, and the
reporting amounts were | 2791 |
calculated, and a statement that the report and all related | 2792 |
documents are available for inspection and copying at the office | 2793 |
of the secretary of state. | 2794 |
(B)(1) Whenever a candidate, a campaign committee, a | 2824 |
political action committee or political contributing entity with | 2825 |
ten or
more members, or a
legislative
campaign fund makes an | 2826 |
independent
expenditure, or whenever a political action committee | 2827 |
or political
contributing entity with fewer
than ten members makes | 2828 |
an independent expenditure in excess of one hundred
dollars for a | 2829 |
local candidate, in excess of two hundred fifty dollars for a | 2830 |
candidate for the office of member of the general assembly, or in | 2831 |
excess of
five hundred dollars for a statewide candidate, for the | 2832 |
purpose of
financing communications advocating the election or | 2833 |
defeat of an identified candidate or
solicits
without the | 2834 |
candidate's express consent a contribution for or against an | 2835 |
identified candidate through public political
advertising, a | 2836 |
statement shall appear or be presented in a clear
and conspicuous | 2837 |
manner in the advertising that does both of the
following: | 2838 |
(2)(a) Whenever any campaign committee, legislative
campaign | 2847 |
fund, political action committee, political contributing
entity, | 2848 |
or political
party makes an independent expenditure in support of | 2849 |
or
opposition to any candidate, the committee,
entity, fund,
or | 2850 |
party shall
report
the independent expenditure and identify the | 2851 |
candidate on a
statement prescribed by the secretary of state and | 2852 |
filed by the
committee, entity, fund, or political party as part | 2853 |
of its
statement of contributions
and expenditures pursuant to | 2854 |
division
(A) of
section 3517.10 and division (A) of section | 2855 |
3517.11 of
the Revised Code. | 2856 |
(b) Whenever any individual, partnership, or
other entity, | 2857 |
except a corporation, labor organization, campaign
committee, | 2858 |
legislative campaign fund, political action committee,
political | 2859 |
contributing entity, or political party, makes one or more | 2860 |
independent expenditures in
support of or opposition to any | 2861 |
candidate,
the
individual,
partnership, or other entity shall file | 2862 |
with the secretary of
state in the case of a statewide candidate, | 2863 |
or with the board of elections
in the county in which the | 2864 |
candidate files the candidate's petitions for
nomination or | 2865 |
election for district or local office,
not later than the dates | 2866 |
specified in divisions
(A)(1), (2), and (3), and (4) of section | 2867 |
3517.10 of the
Revised Code, and, except as otherwise provided in | 2868 |
that section,
a statement itemizing all
independent expenditures | 2869 |
made during the period since the close
of business on the last day | 2870 |
reflected in the last previously
filed such statement, if any. The | 2871 |
statement shall be made on a
form prescribed by the secretary of | 2872 |
state or shall be filed by
electronic means of transmission | 2873 |
pursuant to division (G) of
section 3517.106 of the Revised Code | 2874 |
as authorized or required by that
division. The
statement shall | 2875 |
indicate the date and the amount of each independent
expenditure | 2876 |
and the candidate on whose behalf it was made and
shall be made | 2877 |
under penalty of election falsification. | 2878 |
(C)(1) Whenever a corporation, labor organization, campaign | 2879 |
committee, political action committee with ten or more members, or | 2880 |
legislative
campaign fund makes an independent expenditure, or | 2881 |
whenever a political action
committee with fewer than ten members | 2882 |
makes an independent expenditure in
excess of one hundred dollars | 2883 |
for a local ballot issue or question, or in
excess of five hundred | 2884 |
dollars for a statewide ballot issue or question, for
the purpose | 2885 |
of financing communications advocating support of or opposition to | 2886 |
an identified ballot issue or question or solicits without the | 2887 |
express consent
of the ballot issue committee a contribution for | 2888 |
or against an identified
ballot issue or question through public | 2889 |
political advertising, a statement
shall appear or be presented in | 2890 |
a clear and conspicuous manner in the
advertising that does both | 2891 |
of the following: | 2892 |
(2)(a) Whenever any corporation, labor organization, campaign | 2901 |
committee, legislative campaign fund, political party, or | 2902 |
political action
committee makes an independent expenditure in | 2903 |
support of or opposition to any
ballot issue or question, the | 2904 |
corporation or labor organization shall report
the independent | 2905 |
expenditure in accordance with division (C) of
section 3599.03 of | 2906 |
the Revised Code, and the campaign committee, fund, party,
or | 2907 |
political
action committee shall report the independent | 2908 |
expenditure and identify the
ballot issue or question on a | 2909 |
statement prescribed by the secretary of state
and filed by the | 2910 |
campaign committee, fund, political party, or political
action | 2911 |
committee as part of its statement of contributions and | 2912 |
expenditures
pursuant to division (A) of section 3517.10 and | 2913 |
division (A)
of section 3517.11 of the Revised Code. | 2914 |
(b) Whenever any individual, partnership, or other entity, | 2915 |
except
a corporation, labor organization, campaign committee, | 2916 |
legislative campaign
fund,
political action committee, or | 2917 |
political party, makes one or more independent
expenditures in | 2918 |
excess of one hundred dollars in support of or opposition to
any | 2919 |
ballot issue or question, the individual, partnership, or other | 2920 |
entity
shall file with the secretary of state in the case of a | 2921 |
statewide ballot
issue or question, or with the board of elections | 2922 |
in the county that
certifies the issue or question for placement | 2923 |
on the ballot in the case of a
district or local issue or | 2924 |
question, not later than the dates specified in
divisiondivisions | 2925 |
(A)(1), (2), and (3), and (4) of section 3517.10 of the Revised | 2926 |
Code, and,
except as
otherwise provided in that section, a | 2927 |
statement itemizing all independent
expenditures made during the | 2928 |
period since the close of business on the last
day
reflected in | 2929 |
the last previously filed such statement, if any. The statement | 2930 |
shall be made on a form prescribed by the secretary of state or | 2931 |
shall be filed by electronic means of transmission pursuant to | 2932 |
division (G) of section 3517.106 of the Revised Code as authorized | 2933 |
or required
by
that division. The statement shall indicate
the | 2934 |
date and the amount of each independent expenditure and the ballot | 2935 |
issue
or question in support of or opposition to which it was made | 2936 |
and shall
be
made under penalty of election falsification. | 2937 |
(3) No person, campaign committee, legislative campaign
fund, | 2938 |
political action committee, corporation, labor organization,
or | 2939 |
other organization or association shall use
or cause to be used a | 2940 |
false or fictitious name in making an
independent expenditure in | 2941 |
support of or opposition to any
candidate or any ballot issue or | 2942 |
question. A name is false or fictitious if
the person, campaign | 2943 |
committee,
legislative campaign fund, political action committee, | 2944 |
corporation, labor organization, or other organization or | 2945 |
association does
not actually exist or operate, if the | 2946 |
corporation, labor organization, or
other organization or | 2947 |
association has failed to file a fictitious name or
other | 2948 |
registration with the secretary of state, if it is required to do | 2949 |
so, or
if the person, campaign committee, legislative campaign | 2950 |
fund,
or political action committee has failed to
file a | 2951 |
designation of the appointment of a
treasurer, if it is required | 2952 |
to do so by division
(D)(1) of section 3517.10 of the Revised | 2953 |
Code. | 2954 |
(C)(1) The secretary of state shall make
available to the | 2995 |
campaign committees, political action
committees, political | 2996 |
contributing entities, legislative
campaign funds, political | 2997 |
parties, individuals,
partnerships, corporations, labor | 2998 |
organizations, and other entities
described in division (B) of | 2999 |
this section, and to
members of the news
media and other | 3000 |
interested persons, for a reasonable fee,
computer programs that | 3001 |
are compatible with the secretary of state's
method of storing the | 3002 |
information contained in the statements. | 3003 |
(E)(1) Subject to the secretary of state having implemented, | 3014 |
tested, and verified the successful operation of any system the | 3015 |
secretary of
state prescribes pursuant to division (H)(1) of this | 3016 |
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of | 3017 |
the Revised Code for the filing of campaign finance statements by | 3018 |
electronic means of
transmission,
the campaign
committee of each | 3019 |
candidate for statewide office may
file the
statements prescribed | 3020 |
by section 3517.10 of the
Revised
Code by electronic means of | 3021 |
transmission or, if the total amount
of the contributions received | 3022 |
or the total amount of the
expenditures made by the campaign | 3023 |
committee for the applicable
reporting period as specified in | 3024 |
division (A) of section 3517.10
of the Revised Code exceeds ten | 3025 |
thousand
dollars, shall file those
statements by electronic means | 3026 |
of transmission. | 3027 |
Except as otherwise provided in this division,
within five | 3028 |
business days after a statement filed by a campaign committee of a | 3029 |
candidate for statewide office is received by the secretary of | 3030 |
state by
electronic or other means of transmission, the secretary | 3031 |
of state shall make
available online to the public
through the | 3032 |
internet, as provided in division (I) of this section,
the | 3033 |
contribution and expenditure information in that statement.
The | 3034 |
secretary
of state shall not make available online to the public | 3035 |
through the
internet any contribution or expenditure information | 3036 |
contained in a
statement for any candidate until the secretary of | 3037 |
state is able to make
available online to the public through the | 3038 |
internet the
contribution and expenditure information for all | 3039 |
candidates for a
particular office. As soon as the secretary of | 3040 |
state has
available all of that information, the secretary of | 3041 |
state shall
simultaneously make available online to the public | 3042 |
through the
internet the information for all candidates for a | 3043 |
particular
office. | 3044 |
(2) Subject to division (E)(3) of this section and subject
to | 3062 |
the
secretary of state having implemented, tested, and verified | 3063 |
the successful
operation of any system the secretary of state | 3064 |
prescribes pursuant to division
(H)(1) of this section and | 3065 |
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised | 3066 |
Code for the filing
of campaign finance statements by electronic | 3067 |
means of transmission,
a
political
action committee and a | 3068 |
political
contributing entity described in
division
(B)(2)(1)(b) | 3069 |
of this section,
a legislative campaign fund, and
a state | 3070 |
political party may file
the statements prescribed by
section | 3071 |
3517.10 of the
Revised
Code by electronic means of
transmission | 3072 |
or, if the total amount of the contributions received or the total | 3073 |
amount of the expenditures made by the political action committee, | 3074 |
legislative campaign fund, or state political party for the | 3075 |
applicable reporting period as specified in division (A) of | 3076 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 3077 |
shall file those statements by electronic means of transmission. | 3078 |
If a statement filed by electronic means of transmission is | 3087 |
found to be
incomplete or inaccurate after the examination of the | 3088 |
statement
for completeness and accuracy pursuant to division | 3089 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political | 3090 |
action
committee, political contributing entity, legislative | 3091 |
campaign
fund, or state political party shall file by electronic | 3092 |
means of transmission
any addendum to the
statement that provides | 3093 |
the information necessary to complete or
correct the statement or, | 3094 |
if required by the secretary of state under that
division, an | 3095 |
amended statement. | 3096 |
Within five business days after the secretary of state | 3097 |
receives from a
political action committee or a political | 3098 |
contributing entity described in division (B)(2)(1)(b) of this | 3099 |
section,
a
legislative campaign fund, or a state political party | 3100 |
an
addendum to the statement or an amended statement by electronic | 3101 |
or
other means
of transmission under this
division or division | 3102 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3103 |
state shall make the contribution and expenditure information in | 3104 |
the addendum
or amended statement
available online to the public | 3105 |
through the internet as provided in division (I) of this section. | 3106 |
(3) Subject to the secretary of state having implemented, | 3107 |
tested, and
verified the successful operation of any system the | 3108 |
secretary of state
prescribes pursuant to division (H)(1) of this | 3109 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 3110 |
the Revised Code
for the filing of campaign finance statements by | 3111 |
electronic means of
transmission,
a
political
action committee and | 3112 |
a political contributing entity
described
in division (B)(2) of | 3113 |
this
section, a legislative
campaign fund, and a statecounty | 3114 |
political party
shall file the
statements prescribed by section | 3115 |
3517.10 of the
Revised
Code with respect to its state candidate | 3116 |
fund by
electronic means of
transmission if the total amount of | 3117 |
the
contributions received
or the total amount of the expenditures | 3118 |
made by the political
action committee, political contributing | 3119 |
entity, legislative
campaign fund, or political party for the | 3120 |
applicable reporting
period as specified in division
(A) of | 3121 |
section 3517.10 of the
Revised
Code exceeds ten thousand
dollars | 3122 |
to the office of the secretary of state. | 3123 |
If a statement filed by electronic means of transmission
is | 3133 |
found to be incomplete or inaccurate after the
examination of the | 3134 |
statement for completeness and accuracy
pursuant to division | 3135 |
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political | 3136 |
action
committee, political contributing entity, legislative | 3137 |
campaign
fund, or statea county political party shall file by | 3138 |
electronic
means of transmission
any addendum to the
statement | 3139 |
that provides
the information necessary to complete or
correct the | 3140 |
statement or,
if required by the secretary of state under that | 3141 |
division, an
amended statement. | 3142 |
Within five business days after the secretary of state | 3143 |
receives from a
political action committee or a political | 3144 |
contributing entity described in division (B)(2) of this section, | 3145 |
a
legislative campaign fund, or a statecounty political party an | 3146 |
addendum to the statement or an amended statement by electronic or | 3147 |
other means
of transmission under this
division or division | 3148 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 3149 |
state
shall make the contribution and expenditure information in | 3150 |
the addendum or
amended statement available
online to the public | 3151 |
through the
internet as provided in division (I) of this section. | 3152 |
(F)(1) Subject to division (F)(4) of this section and
subject | 3153 |
to the secretary of
state having implemented, tested, and
verified | 3154 |
the successful operation of any
system the secretary of
state | 3155 |
prescribes pursuant to division (H)(1)
of this section and | 3156 |
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised | 3157 |
Code for the filing of campaign
finance statements by electronic | 3158 |
means of transmission or on computer disk,
a campaign committee of | 3159 |
a
candidate for the office of member
of the general assembly or a | 3160 |
campaign committee of a candidate for the office of judge of a | 3161 |
court of appeals may
file the statements prescribed by
section | 3162 |
3517.10 of the
Revised
Code in accordance with division (A)(2) of | 3163 |
section 3517.11 of the Revised Code or by electronic means of | 3164 |
transmission to the office of the secretary of state or, until | 3165 |
March 1, 2004, on computer disk with
the appropriate board
of | 3166 |
elections specified in division (A)(2) of
section 3517.11 of
the | 3167 |
Revised Codeif the total amount of the contributions received by | 3168 |
the campaign committee for the applicable reporting period as | 3169 |
specified in division (A) of section 3517.10 of the Revised Code | 3170 |
exceeds ten thousand dollars, shall file those statements by | 3171 |
electronic means of transmission to the office of the secretary of | 3172 |
state. | 3173 |
Except as otherwise provided in this division, within five | 3174 |
business days
after a statement filed by a campaign committee of a | 3175 |
candidate for the office
of member of the general assembly or a | 3176 |
campaign committee of a candidate for the office of judge of a | 3177 |
court of appeals is
received by the secretary of state by | 3178 |
electronic or other means of
transmission,
the secretary of state | 3179 |
shall make available online
to the public
through the internet, as | 3180 |
provided in division (I) of
this section,
the contribution and | 3181 |
expenditure information in
that
statement. The secretary
of state | 3182 |
shall not make available online
to the public through the
internet | 3183 |
any contribution or expenditure
information contained in a | 3184 |
statement for any candidate until the
secretary of state is able | 3185 |
to make
available online to the public
through the internet the | 3186 |
contribution and expenditure information
for all candidates for a | 3187 |
particular office. As soon as the
secretary of state has
available | 3188 |
all of that information, the
secretary of state shall | 3189 |
simultaneously make available online to
the public through the | 3190 |
internet the information for all candidates
for a particular | 3191 |
office. | 3192 |
If a statement filed by electronic means of transmission or | 3193 |
on computer
disk
is found to be
incomplete or inaccurate after the | 3194 |
examination of the statement
for completeness and accuracy | 3195 |
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised | 3196 |
Code, the campaign committee
shall file by electronic means of | 3197 |
transmission to the office of the secretary
of state, or, until | 3198 |
March 1,
2004, on computer disk with the
appropriate board
of | 3199 |
elections if the
original statement was filed on computer disk, | 3200 |
any addendum to the statement
that provides the
information | 3201 |
necessary to complete or correct the statement or, if required by | 3202 |
the secretary of state under that division, an amended statement. | 3203 |
(2) Until
March 1,
2004, if a campaign committee of a | 3214 |
candidate for the office of member of the general assembly files
a | 3215 |
statement of contributions and expenditures, an addendum to
the | 3216 |
statement, or an amended statement by electronic means of | 3217 |
transmission or
on computer disk pursuant to division
(F)(1) of | 3218 |
this section, the campaign committee shall
file as prescribed by | 3219 |
section 3517.10 of the Revised Code with the appropriate
board of | 3220 |
elections specified in division
(A)(2) of section 3517.11 of the | 3221 |
Revised
Code a printed version of the
statement, addendum, or | 3222 |
amended statement filed by electronic means of
transmission or on | 3223 |
computer disk, in the format
that the secretary of state shall | 3224 |
prescribe. | 3225 |
If a statement,
addendum, or amended statement is not
filed | 3226 |
by electronic means of
transmission or on computer diskto the | 3227 |
office of the secretary of state but
is filed by printed version | 3228 |
only under division (A)(2) of section 3517.11 of the Revised Code | 3229 |
with the appropriate board of elections, the campaign committee of | 3230 |
a candidate for the office of member of the general assembly or a | 3231 |
campaign committee of a candidate for the office of judge of a | 3232 |
court of appeals shall
file two copies of the printed
version of | 3233 |
the statement, addendum,
or amended statement with the
appropriate | 3234 |
board of elections. The
board of elections shall send
one of those | 3235 |
copies by overnight
delivery service to the secretary
of state | 3236 |
before the close of
business on the day the board of
elections | 3237 |
receives the statement,
addendum, or amended statement. | 3238 |
(3)(a) Subject to division (F)(4) of this section and
subject | 3239 |
to the secretary of state having implemented,
tested, and
verified | 3240 |
the successful operation of any system the secretary of
state | 3241 |
prescribes pursuant
to division (H)(1) of this section and | 3242 |
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised | 3243 |
Code for the filing of campaign
finance statements by electronic | 3244 |
means of transmission or on computer disk,
the secretary of
state | 3245 |
shall assess, and a campaign
committee of a candidate for the | 3246 |
office of
member of the general
assembly shall pay, a fee
as | 3247 |
provided in this
division if the
campaign committee has not filed | 3248 |
the campaign
finance statements
prescribed by section 3517.10 of | 3249 |
the Revised
Code by electronic
means of transmission or on | 3250 |
computer disk pursuant
to
division
(F)(1) of this section. The fee | 3251 |
shall be calculated on
the total
contributions received for the | 3252 |
applicable reporting period
specified in division (A) of section | 3253 |
3517.10 of the Revised
Code
as follows: | 3254 |
(4) Subject to the secretary of state having implemented, | 3279 |
tested, and verified the successful operation of any system the | 3280 |
secretary of state prescribes pursuant to division (H)(1) of this | 3281 |
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of | 3282 |
the Revised Code for the filing of campaign finance
statements by | 3283 |
electronic means of transmission, on and after
March
1,
2004, a | 3284 |
campaign committee of a candidate for the office of member
of the | 3285 |
general
assembly shall file the statements prescribed by
section | 3286 |
3517.10 of
the Revised Code by electronic means of
transmission to | 3287 |
the
secretary of state if the total amount of the
contributions | 3288 |
received by the campaign committee for the
applicable reporting | 3289 |
period as specified in division (A) of
section 3517.10 of the | 3290 |
Revised Code exceeds ten thousand dollars. | 3291 |
Except as otherwise provided in this division,
within five | 3292 |
business days after a statement filed by a campaign committee of a | 3293 |
candidate for the office of member of the general assembly is | 3294 |
received by the
secretary of state by electronic or other means of | 3295 |
transmission,
the secretary of state shall make available online | 3296 |
to the public through the
internet, as provided in division (I) of | 3297 |
this section, the
contribution and expenditure information in that | 3298 |
statement. The secretary
of state shall not make available online | 3299 |
to the public through the
internet any contribution or expenditure | 3300 |
information contained in a
statement for any candidate until the | 3301 |
secretary of state is able to make
available online to the public | 3302 |
through the internet the
contribution and expenditure information | 3303 |
for all candidates for a
particular office. As soon as the | 3304 |
secretary of state has
available all of that information, the | 3305 |
secretary of state shall
simultaneously make available online to | 3306 |
the public through the
internet the information for all candidates | 3307 |
for a particular
office. | 3308 |
(G)(1) Subject to division (G)(2) of this section and
subject | 3327 |
to the secretary of state having implemented, tested, and
verified | 3328 |
the
successful operation of any system the secretary of
state | 3329 |
prescribes pursuant
to division (H)(1) of this section and | 3330 |
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3331 |
Code
for the filing of campaign finance statements by electronic | 3332 |
means of
transmission,
any
individual, partnership, or
other | 3333 |
entity that makes independent
expenditures in support of or | 3334 |
opposition to a statewide candidate
or a statewide ballot issue or | 3335 |
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section | 3336 |
3517.105 of the Revised Code may
file the statement
specified in | 3337 |
that division by electronic means
of transmission or, if the total | 3338 |
amount of independent expenditures made during the reporting | 3339 |
period under that division exceeds ten thousand dollars, shall | 3340 |
file the statement specified in that division by electronic means | 3341 |
of transmission. | 3342 |
(2) Subject to the secretary of state having implemented, | 3368 |
tested, and
verified the successful operation of any system the | 3369 |
secretary of state
prescribes pursuant to division (H)(1) of this | 3370 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 3371 |
the Revised Code
for the filing of campaign finance statements by | 3372 |
electronic means of
transmission,
any individual, partnership, or | 3373 |
other entity that makes
independent
expenditures in support of or | 3374 |
opposition to a
statewide
candidate or a statewide ballot issue or | 3375 |
question as
provided in
division (B)(2)(b) or
(C)(2)(b) of section | 3376 |
3517.105 of
the
Revised Code shall file the statement
specified in | 3377 |
that
division by electronic means of transmission if the total | 3378 |
amount
of the independent expenditures made during
the reporting | 3379 |
period
under that division exceeds ten thousand dollars. | 3380 |
(H)(1) The secretary of
state, by rule adopted pursuant to | 3406 |
section 3517.23 of the
Revised
Code, shall prescribe one or
more | 3407 |
techniques by which a person who executes
and transmits by | 3408 |
electronic means a statement of contributions
and expenditures, a | 3409 |
statement of independent expenditures, a disclosure of | 3410 |
electioneering communications statement, or a deposit and | 3411 |
disbursement statement, an
addendum to either
statementany of | 3412 |
those statements, an amended statement of contributions and | 3413 |
expenditures,
or an amended statement of independent expenditures, | 3414 |
an amended disclosure of electioneering communications statement, | 3415 |
or an amended deposit and disbursement statement, under this | 3416 |
section or section
3517.10 or, 3517.105, 3517.1011, or 3517.1012 | 3417 |
of the Revised
Code shall
electronically sign
the statement, | 3418 |
addendum, or amended statement.
Any technique prescribed by
the | 3419 |
secretary of state pursuant to
this division shall create an | 3420 |
electronic
signature that satisfies
all of the following: | 3421 |
(2) An electronic signature prescribed by the secretary of | 3431 |
state under
division
(H)(1) of this section shall be
attached to | 3432 |
or associated with the statement of contributions
and | 3433 |
expenditures, the statement of independent expenditures,
the | 3434 |
disclosure of electioneering communications statement, or the | 3435 |
deposit and disbursement statement, the
addendum to either | 3436 |
statementany of those statements, the amended statement of | 3437 |
contributions
and expenditures, or the amended statement of | 3438 |
independent expenditures, the amended disclosure of electioneering | 3439 |
communications statement, or the amended deposit and disbursement | 3440 |
statement
that is executed and
transmitted by
electronic means by | 3441 |
the person to whom the
electronic signature is
attributed. The | 3442 |
electronic signature
that is attached to or
associated with the | 3443 |
statement, addendum, or amended
statement
under this division | 3444 |
shall be binding on all persons and for all
purposes under the | 3445 |
campaign finance reporting law as if the
signature had
been | 3446 |
handwritten in ink on a printed form of the
statement,
addendum, | 3447 |
or amended statement. | 3448 |
(I) The secretary of state shall make the contribution and | 3449 |
expenditure, the contribution and disbursement, or the deposit and | 3450 |
disbursement information in all statements, all addenda to the | 3451 |
statements, and
all amended statements that are filed with the | 3452 |
secretary of state by
electronic or other means of transmission | 3453 |
under this section or section
3517.10, 3517.105, 3517.1011, | 3454 |
3517.1012, or 3517.11 of the
Revised Code available
online to the | 3455 |
public by any means that are
searchable, viewable, and
accessible | 3456 |
through the internet. | 3457 |
(K) It is an affirmative defense to a complaint or charge | 3491 |
brought against any campaign committee, political action | 3492 |
committee,
legislative campaign fund, or political party, | 3493 |
political
contributing entity, orany individual, partnership, or | 3494 |
other entity, or any electioneering communication committee,
for | 3495 |
the failure to file by electronic
means of transmission a
campaign | 3496 |
finance
statement as required by this section or section
3517.10 | 3497 |
or, 3517.105, 3517.1011, or 3517.1012 of the Revised Code that
all | 3498 |
of the
following
apply to the campaign committee, political action | 3499 |
committee,
legislative campaign fund, or political party, | 3500 |
political contributing
entity, orthe individual, partnership, or | 3501 |
other entity, or the electioneering communication committee, that | 3502 |
failed to so
file the required
statement: | 3503 |
(2) The campaign committee, political action committee, | 3510 |
legislative
campaign fund, or political party, political | 3511 |
contributing
entity, orthe individual,
partnership, or other | 3512 |
entity, or the electioneering communication committee was unable | 3513 |
to
file by electronic means of
transmission due to an
expected or | 3514 |
unexpected shutdown of the whole or part of the electronic | 3515 |
campaign finance statement-filing system, such as for maintenance | 3516 |
or because
of hardware, software, or network connection failure. | 3517 |
(B) Whenever the campaign committee of a candidate
has unpaid | 3543 |
debt at the end of a primary election period or at
the end of a | 3544 |
general election period, the committee may accept
additional | 3545 |
contributions during the immediately following
election period up | 3546 |
to the applicable limitation prescribed under
section 3517.102 of | 3547 |
the Revised Code from any individual,
political action committee, | 3548 |
political contributing entity, or
other campaign committee who, | 3549 |
during the primary or general election period for which debt | 3550 |
remains unpaid, has contributed less than the contribution | 3551 |
limitations prescribed under section 3517.102 of the
Revised Code | 3552 |
applicable to that individual, political action committee, | 3553 |
political contributing entity, or
other campaign
committee. Any | 3554 |
additional contribution that a campaign committee accepts
under | 3555 |
this division shall count toward the applicable limitations | 3556 |
prescribed
under section 3517.102 of the Revised Code for that | 3557 |
primary or general
election period at the end of which the debt | 3558 |
remains
unpaid, and shall not count toward the applicable | 3559 |
limitations for any other
primary or general election period if | 3560 |
all of the following conditions apply: | 3561 |
(1) The campaign committee reports, on the statement
required | 3562 |
to be filed under division (A)(2) of section 3517.10 of the | 3563 |
Revised
Code, all debt remaining unpaid
at the end of the election | 3564 |
period. The committee shall also file a separate
statement, on a | 3565 |
form prescribed by the secretary of state, at the same time
that | 3566 |
the committee is required to file a statement of contributions and | 3567 |
expenditures under section 3517.10 of the Revised Code. The | 3568 |
separate
statement shall include the name and address of each | 3569 |
contributor who makes
an additional contribution under division | 3570 |
(B) of this section, how the
contribution was applied to pay the | 3571 |
unpaid debt as required by division (B)(3)
of this section, and | 3572 |
the balance of the unpaid debt after each contribution
was applied | 3573 |
to it. | 3574 |
(3) "Contribution" means any loan, gift, deposit, forgiveness | 3786 |
of indebtedness, donation, advance, payment, or transfer of funds | 3787 |
or of anything of value, including a transfer of funds from an | 3788 |
inter vivos or testamentary trust or decedent's estate, and the | 3789 |
payment by any person other than the person to whom the services | 3790 |
are rendered for the personal services of another person, that is | 3791 |
made, received, or used to pay the direct costs of producing or | 3792 |
airing electioneering communications. | 3793 |
(4)(a) "Coordinated electioneering communication" means any | 3794 |
electioneering communication that is made pursuant to any | 3795 |
arrangement, coordination, or direction by a candidate or a | 3796 |
candidate's campaign committee, by an officer, agent, employee, or | 3797 |
consultant of a candidate or a candidate's campaign committee, or | 3798 |
by a former officer, former agent, former employee, or former | 3799 |
consultant of a candidate or a candidate's campaign committee | 3800 |
prior to the airing, broadcasting, or cablecasting of the | 3801 |
communication. An electioneering communication is presumed to be a | 3802 |
"coordinated electioneering communication" when it is either of | 3803 |
the following: | 3804 |
(i) Based on information about a candidate's plans, projects, | 3805 |
or needs provided to the electioneering communication committee | 3806 |
making the disbursement by the candidate or the candidate's | 3807 |
campaign committee, by an officer, agent, employee, or consultant | 3808 |
of the candidate or the candidate's campaign committee, or by a | 3809 |
former officer, former agent, former employee, or former | 3810 |
consultant of the candidate or the candidate's campaign committee, | 3811 |
with a view toward having the communication made; | 3812 |
(ii) Made by or through any person who is, or has been, | 3813 |
authorized to raise or expend funds on behalf of a candidate or | 3814 |
the candidate's campaign committee, who is, or has been, an | 3815 |
officer, agent, employee, or consultant of the candidate or of the | 3816 |
candidate's campaign committee, or who is, or has been, receiving | 3817 |
any form of compensation or reimbursement from the candidate or | 3818 |
the candidate's campaign committee or from an officer, agent, | 3819 |
employee, or consultant of the candidate or of the candidate's | 3820 |
campaign committee. | 3821 |
(i) A communication that is publicly disseminated through a | 3858 |
means of communication other than a broadcast, cable, or satellite | 3859 |
television or radio station. For example, "electioneering | 3860 |
communication" does not include communications appearing in print | 3861 |
media, including a newspaper or magazine, handbill, brochure, | 3862 |
bumper sticker, yard sign, poster, billboard, and other written | 3863 |
materials, including mailings; communications over the internet, | 3864 |
including electronic mail; or telephone communications. | 3865 |
(e) If the disbursements were paid out of a segregated bank | 3946 |
account that consists of funds contributed solely by individuals | 3947 |
who are United States citizens or nationals or lawfully admitted | 3948 |
for permanent residence as defined in section 101(a)(20) of the | 3949 |
Immigration and Nationality Act directly to the account for | 3950 |
electioneering communications, the information specified in | 3951 |
division (D)(2) of this section for all contributors who | 3952 |
contributed an aggregate amount of two hundred dollars or more to | 3953 |
the segregated bank account during the period beginning on the | 3954 |
first day of the preceding calendar year and ending on the | 3955 |
disclosure date. Nothing in this division prohibits or shall be | 3956 |
construed to prohibit the use of funds in such a segregated bank | 3957 |
account for a purpose other than electioneering communications. | 3958 |
(3) Subject to the secretary of state having implemented, | 3989 |
tested, and verified the successful operation of any system the | 3990 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 3991 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 | 3992 |
of the Revised Code for the filing of campaign finance statements | 3993 |
by electronic means of transmission, an electioneering | 3994 |
communication committee shall file the disclosure of | 3995 |
electioneering communications statement prescribed under divisions | 3996 |
(D)(1) and (2) of this section by electronic means of transmission | 3997 |
to the office of the secretary of state. | 3998 |
If a filed disclosure of electioneering communications | 4005 |
statement is found to be incomplete or inaccurate after its | 4006 |
examination for completeness and accuracy pursuant to division | 4007 |
(B)(3)(a) of section 3517.11 of the Revised Code, the | 4008 |
electioneering communication committee shall file by electronic | 4009 |
means of transmission to the office of the secretary of state any | 4010 |
addendum, amendment, or other correction to the statement that | 4011 |
provides the information necessary to complete or correct the | 4012 |
statement or, if required by the secretary of state under that | 4013 |
division, an amended statement. | 4014 |
Within five business days after the secretary of state | 4015 |
receives an addendum, amendment, or other correction to a | 4016 |
disclosure of electioneering communications statement or an | 4017 |
amended statement by electronic means of transmission under this | 4018 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 4019 |
Code, the secretary of state shall make the contribution and | 4020 |
disbursement information in the addendum, amendment, or other | 4021 |
correction to the statement or amended statement available online | 4022 |
to the public through the internet as provided in division (I) of | 4023 |
section 3517.106 of the Revised Code. | 4024 |
(2) Any individual who makes a contribution or contributions | 4030 |
aggregating two hundred dollars or more during the period | 4031 |
specified in division (D)(1)(e) or (f) of this section, as | 4032 |
applicable, for the purpose of funding the direct costs of | 4033 |
producing or airing an electioneering communication under this | 4034 |
section shall provide the name of the individual's current | 4035 |
employer, if any, or, if the individual is self-employed, the | 4036 |
individual's occupation and the name of the individual's business, | 4037 |
if any, to the recipient of the contribution at the time the | 4038 |
contribution is made. | 4039 |
(B) Except as otherwise provided in this division, a state or | 4078 |
county political party shall file deposit and disbursement | 4079 |
statements, in the same manner as the party is required to file | 4080 |
statements of contributions and expenditures under section 3517.10 | 4081 |
of the Revised Code, regarding all deposits made into, and all | 4082 |
disbursements made from, the party's restricted fund. Deposit and | 4083 |
disbursement statements filed in accordance with this division by | 4084 |
a county political party shall be filed by electronic means of | 4085 |
transmission to the office of the secretary of state at the times | 4086 |
specified in division (A) of section 3517.10 of the Revised Code | 4087 |
for the filing of statements of contributions and expenditures if | 4088 |
the county political party accepts gifts from a corporation or | 4089 |
labor organization under division (A)(2) of this section. | 4090 |
Sec. 3517.11. (A)(1) Campaign committees of candidates
for | 4091 |
statewide officesoffice or the state board of education, | 4092 |
political
action committees or political contributing entities | 4093 |
that make
contributions to campaign committees
of candidates that | 4094 |
are
required to file the statements prescribed by section
3517.10 | 4095 |
of
the Revised Code with the secretary of state,
political action | 4096 |
committees or political contributing entities that
make | 4097 |
contributions to campaign
committees of candidates for member of | 4098 |
the general assembly,
political action committees or political | 4099 |
contributing entities that
make contributions to state and | 4100 |
national political parties and to legislative campaign
funds, | 4101 |
political action committees or political contributing entities | 4102 |
that
receive contributions or make expenditures in connection with | 4103 |
a
statewide ballot issue, political action committees or political | 4104 |
contributing entities that make
contributions to other political | 4105 |
action committees or political
contributing entities, political | 4106 |
parties, and campaign committees, except as set forth in division | 4107 |
(A)(3) of this section, legislative campaign funds,
and state and | 4108 |
national political parties
shall file the statements prescribed by | 4109 |
section 3517.10 of the
Revised Code with the secretary of state. | 4110 |
(b) A campaign committee of a candidate for office of member | 4117 |
of
the
general assembly or a campaign committee of a candidate for | 4118 |
the office of judge of a court of appeals shall file two copies of | 4119 |
the printed version
of
any statement, addendum, or amended | 4120 |
statement if the committee
does not file by electronic means of | 4121 |
transmission or on computer
disk pursuant to division (F)(1) of | 4122 |
section 3517.106 of the
Revised Code but files by printed version | 4123 |
only with
the
appropriate board of elections. The board of | 4124 |
elections shall send
one of
those copies by overnight delivery | 4125 |
service to the secretary
of state
before the close of business on | 4126 |
the day the board of
elections
receives the statement, addendum, | 4127 |
or amended statement. | 4128 |
(3) Political action committees or political contributing | 4129 |
entities
that only contribute to a
county political party, | 4130 |
contribute to campaign committees of
candidates whose nomination | 4131 |
or election is to be submitted only
to electors within a county, | 4132 |
subdivision, or district, excluding
candidates for member of the | 4133 |
general assembly, and receive
contributions or make expenditures | 4134 |
in connection with ballot
questions or issues to be submitted only | 4135 |
to electors within a
county, subdivision, or district shall file | 4136 |
the statements
prescribed by section 3517.10 of the Revised Code | 4137 |
with the board
of elections in that county or in the county | 4138 |
contained in whole
or part within the subdivision or district | 4139 |
having a population
greater than that of any other county | 4140 |
contained in whole or part
within that subdivision or district, as | 4141 |
the case may be. | 4142 |
(2) On or before the tenth day before the dates on which | 4155 |
statements are required to be filed by section 3517.10 of the | 4156 |
Revised Code, every candidate subject to the provisions of this | 4157 |
section and sections 3517.10 and
3517.106 of the Revised
Code | 4158 |
shall be notified
of the requirements and applicable penalties of | 4159 |
those sections.
The secretary of state, by certified mail, return | 4160 |
receipt
requested, shall
notify all candidates required to file | 4161 |
those statements with the secretary of state's office. The
board | 4162 |
of elections of every
county shall notify by first class mail any | 4163 |
candidate who has
personally appeared at the office of the board | 4164 |
on or before the
tenth day before the statements are required to | 4165 |
be
filed and signed a form,
to be provided by the secretary of | 4166 |
state, attesting that the
candidate has been notified of the | 4167 |
candidate's obligations
under the campaign
finance law. The board | 4168 |
shall forward the completed form to
the
secretary of state. The | 4169 |
board shall use certified mail,
return receipt requested, to | 4170 |
notify all other candidates required
to file those statements with | 4171 |
it. | 4172 |
(3)(a) Any statement required to be filed under sections | 4173 |
3517.081
to 3517.17 of the Revised Code that is found
to be | 4174 |
incomplete or inaccurate by the officer to whom it is submitted | 4175 |
shall be
accepted on a conditional basis, and the person who filed | 4176 |
it
shall be notified by certified mail as to the incomplete or | 4177 |
inaccurate nature of the statement. The secretary of state
may | 4178 |
examine statements filed for candidates for the office of
member | 4179 |
of the general assembly and candidates for the office of judge of | 4180 |
a court of appeals for completeness and accuracy.
The secretary of | 4181 |
state shall examine
for
completeness and accuracy statements that | 4182 |
campaign committees
of candidates for the office
of member of the | 4183 |
general assembly and campaign committees of candidates for the | 4184 |
office of judge of a court of appeals
file by electronic means of | 4185 |
transmission
pursuant to division (F)
of section 3517.106
of the | 4186 |
Revised Code. If
an officer at the
board of elections where a | 4187 |
statement filed for a candidate
for the
office of member of the | 4188 |
general
assembly or for a candidate for the office of judge of a | 4189 |
court of appeals was submitted finds the
statement to be | 4190 |
incomplete or
inaccurate, the officer shall
immediately notify the | 4191 |
secretary of state of
its incomplete or
inaccurate nature. If | 4192 |
either an officer at the
board of elections
or the secretary of | 4193 |
state finds a statement filed for a
candidate
for the office of | 4194 |
member of the general
assembly or for a candidate for the office | 4195 |
of judge of a court of appeals to be incomplete
or inaccurate, | 4196 |
only the
secretary of state shall send the
notification as to the | 4197 |
incomplete or
inaccurate nature of the
statement. | 4198 |
Within twenty-one
days
after
receipt of the notice, in the | 4199 |
case of a
pre-election statement, a
postelection
statement, a | 4200 |
monthly statement, or an annual statement, or a semiannual | 4201 |
statement
prescribed
by section 3517.10, an annual statement | 4202 |
prescribed by section
3517.101, or a statement
prescribed by | 4203 |
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or
section | 4204 |
3517.107 of the
Revised
Code,
the recipient shall file an | 4205 |
addendum, amendment, or other
correction to the statement | 4206 |
providing
the information necessary to
complete or correct the | 4207 |
statement.
The secretary of state may
require that, in lieu of | 4208 |
filing
an addendum, amendment, or other
correction to a statement | 4209 |
that
is filed by electronic means of
transmission to the office of | 4210 |
the secretary of state or on
computer disk with the appropriate | 4211 |
board of
elections pursuant to
section 3517.106 of the
Revised | 4212 |
Code, the recipient of the
notice
described in this division file | 4213 |
by electronic means of
transmission,
or, until
March 1,
2004, on | 4214 |
computer disk
with the appropriate
board of elections if the | 4215 |
original
statement
was filed on computer disk, an amended | 4216 |
statement that incorporates
the information necessary
to complete | 4217 |
or correct the statement.
The | 4218 |
The provisions of sections 3517.10 and,
3517.106, 3517.1011, | 4235 |
and 3517.1012 of the Revised Code pertaining to
the filing of | 4236 |
statements of contributions and expenditures and, statements of | 4237 |
independent expenditures, disclosure of electioneering | 4238 |
communications statements, and deposit and disbursement statements | 4239 |
by electronic means of transmission or on
computer
disk apply to | 4240 |
the filing of addenda, amendments, or other
corrections to those | 4241 |
statements by electronic means of
transmission or, until
March 1,
| 4242 |
2004, on computer disk and
the
filing of amended statements by | 4243 |
electronic means of
transmission or, until
March 1,
2004, on | 4244 |
computer disk. | 4245 |
(b) Within five business days after the secretary
of state | 4246 |
receives, by electronic or other means of transmission, an | 4247 |
addendum,
amendment, or other correction to a statement or an | 4248 |
amended statement under
division (B)(3)(a) of this section, the | 4249 |
secretary of
state, pursuant to divisions (E), (F), (G), and
(I) | 4250 |
of section 3517.106 or division (D) of section 3517.1011 of the | 4251 |
Revised Code, shall make the
contribution and
expenditure, | 4252 |
contribution and disbursement, or deposit and disbursement | 4253 |
information in that
addendum,
amendment, correction, or amended | 4254 |
statement available online to
the
public through the internet. | 4255 |
(C)(1) In the event of a failure to file or a late filing
of | 4270 |
a statement required to be filed under sections 3517.081 to | 4271 |
3517.17 of the Revised Code, or if a filed statement or any | 4272 |
addendum, amendment, or other correction to thea statement or any | 4273 |
amended statement, if an addendum, amendment, or other correction | 4274 |
or an amended statement is required to be
filed,
is incomplete or | 4275 |
inaccurate or appears to disclose a failure to
comply with or a | 4276 |
violation of law, the official whose duty
it is
to examine the | 4277 |
statement shall promptly file a complaint
with the
Ohio elections | 4278 |
commission
under section 3517.153 of the Revised
Code if the law | 4279 |
is one over which the
commission has
jurisdiction
to hear | 4280 |
complaints, or the official
shall promptly report the
failure or | 4281 |
violation to the board of elections and the board shall
promptly | 4282 |
report it to the prosecuting attorney in accordance with
division | 4283 |
(J)
of section 3501.11 of the Revised Code. If the
official
files | 4284 |
a complaint with the
commission, the commission
shall proceed in | 4285 |
accordance with sections 3517.154
to 3517.157 of
the Revised Code. | 4286 |
(2) For purposes of division (C)(1) of this section, a | 4287 |
statement
or an addendum, amendment, or other correction to a | 4288 |
statement or an amended statement required to be
filed under | 4289 |
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or | 4290 |
inaccurate under this section if the statement or, addendum, | 4291 |
amendment, other correction, or amended statement fails
to | 4292 |
disclose substantially all contributions that are received
from
a | 4293 |
source and thator deposits that are made that are required to be | 4294 |
reported under
sections
3517.10, 3517.107, and 3517.108, | 4295 |
3517.1011, and 3517.1012 of the
Revised
Code or if the
statement | 4296 |
or,
addendum, amendment, other correction, or amended statement | 4297 |
fails to disclose at least ninety per cent
of the total | 4298 |
contributions received or deposits made or of the total | 4299 |
expenditures
or disbursements made during
the reporting period. | 4300 |
(H) No person within this state, publishing a newspaper or | 4356 |
other periodical, shall charge a campaign committee for political | 4357 |
advertising a rate in excess of the rate such person would charge | 4358 |
if the campaign committee were a general rate advertiser whose | 4359 |
advertising was directed to promoting its business within the
same | 4360 |
area as that encompassed by the particular office
that the | 4361 |
candidate of the campaign committee is seeking. The rate shall | 4362 |
take into account the amount of space used, as well as the type
of | 4363 |
advertising copy submitted by or on behalf of the campaign | 4364 |
committee. All discount privileges otherwise offered by a | 4365 |
newspaper or periodical to general rate advertisers shall be | 4366 |
available upon equal terms to all campaign committees. | 4367 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 4378 |
section, no agency or department of this state or any political | 4379 |
subdivision shall award any contract, other than one let by | 4380 |
competitive bidding or a contract incidental to such contract or | 4381 |
which is by force account, for the purchase of goods costing more | 4382 |
than five hundred dollars or services costing more than five | 4383 |
hundred dollars to any individual, partnership, association, | 4384 |
including, without limitation, a professional association | 4385 |
organized under Chapter 1785. of the Revised Code, estate, or | 4386 |
trust if the individual has made or the individual's spouse
has | 4387 |
made, or any
partner, shareholder, administrator, executor, or | 4388 |
trustee, or the
spousesspouse of any of them
has
made, as an | 4389 |
individual,
within the two
previous calendar years, one or more | 4390 |
contributions
totaling in
excess of one thousand dollars to the | 4391 |
holder of the
public office
having ultimate responsibility for the | 4392 |
award of the
contract or
to the public officer's campaign | 4393 |
committee. | 4394 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 4395 |
section, no agency or department of this state or any political | 4396 |
subdivision shall award any contract, other than one let by | 4397 |
competitive bidding or a contract incidental to such contract or | 4398 |
which is by force account, for the purchase of goods costing more | 4399 |
than five hundred dollars or services costing more than five | 4400 |
hundred dollars to a corporation or business trust, except a | 4401 |
professional association organized under Chapter 1785. of the | 4402 |
Revised Code, if an owner of more than twenty per cent of the | 4403 |
corporation or business trust or the spouse of suchthat person, | 4404 |
has
made, as an individual, within the two previous calendar | 4405 |
years,
taking into consideration only owners for all of suchthat | 4406 |
period, one
or more contributions totaling in excess of one | 4407 |
thousand dollars
to the holder of a public office having ultimate | 4408 |
responsibility
for the award of the contract or to the public | 4409 |
officer's campaign
committee. | 4410 |
(K) For purposes of divisions (I) and (J) of this section,
if | 4411 |
a public officer who is responsible for the award of a
contract
is | 4412 |
appointed by the governor, whether or not the
appointment is | 4413 |
subject to the advice and consent of the senate,
excluding members | 4414 |
of boards, commissions, committees,
authorities, councils, boards | 4415 |
of trustees, task forces, and other
such entities appointed by the | 4416 |
governor, the office of the
governor is considered to have | 4417 |
ultimate responsibility for the
award of the contract. | 4418 |
(L) For purposes of divisions (I) and (J) of this section,
if | 4419 |
a public officer who is responsible for the award of a
contract
is | 4420 |
appointed by the elected chief executive officer of a
municipal | 4421 |
corporation, or appointed by the elected chief
executive officer | 4422 |
of a county operating under an alternative form
of county | 4423 |
government or county charter, excluding members of
boards, | 4424 |
commissions, committees, authorities, councils, boards of | 4425 |
trustees, task forces, and other such entities appointed by the | 4426 |
chief executive officer, the office of the chief executive
officer | 4427 |
is considered to have ultimate responsibility for the
award of the | 4428 |
contract. | 4429 |
(M)(1) Divisions (I) and (J) of this section do not apply
to | 4430 |
contracts awarded by the board of commissioners of the sinking | 4431 |
fund, municipal legislative authorities, boards of education, | 4432 |
boards of county commissioners, boards of township trustees, or | 4433 |
other boards, commissions, committees, authorities, councils, | 4434 |
boards of trustees, task forces, and other such entities created | 4435 |
by law, by the supreme court or courts of appeals, by county | 4436 |
courts consisting of more than one judge, courts of common pleas | 4437 |
consisting of more than one judge, or municipal courts consisting | 4438 |
of more than one judge, or by a division of any court if the | 4439 |
division consists of more than one judge. Division (M)(1) of
this | 4440 |
sectionThis division shall apply to the specified entity only if | 4441 |
the
members of
the entity act collectively in the award of a | 4442 |
contract
for goods
or services. | 4443 |
(2) Divisions (I) and (J) of this section do not apply to | 4455 |
contributions of a partner, shareholder, administrator, executor, | 4456 |
trustee, or owner of more than twenty per cent of a corporation
or | 4457 |
business trust made before the person held any of those
positions | 4458 |
or after the person ceased to hold any of those
positions in the | 4459 |
partnership, association, estate, trust,
corporation, or business | 4460 |
trust whose eligibility to be awarded a
contract is being | 4461 |
determined, nor to contributions of the
person's spouse made | 4462 |
before the person held any of those
positions, after the person | 4463 |
ceased to hold any of those
positions, before the two were | 4464 |
married, or after the granting of
a decree of divorce, dissolution | 4465 |
of marriage, or nullityannulment, or after the
granting of an | 4466 |
order in an action
brought solely for legal
separation. These | 4467 |
Those divisions do not apply
to contributions of the
spouse of an | 4468 |
individual whose eligibility
to be awarded a
contract is being | 4469 |
determined made before the two
were married, or
after the granting | 4470 |
of a decree of divorce,
dissolution of
marriage, or nullity | 4471 |
annulment, or after the granting of an order
in an action
brought | 4472 |
solely for legal separation. | 4473 |
(P) No beneficiary of a campaign fund shall knowingly
accept, | 4508 |
and no person shall knowingly give to the beneficiary of
a | 4509 |
campaign fund, reimbursement for an expense under division (O)
of | 4510 |
this section to the extent that the expense previously was | 4511 |
reimbursed or paid from another source of funds. If an expense
is | 4512 |
reimbursed under division (O) of this section and is later
paid or | 4513 |
reimbursed, wholly or in part, from another source of
funds, the | 4514 |
beneficiary shall repay the reimbursement received
under division | 4515 |
(O) of this section to the extent of the payment
made or | 4516 |
reimbursement received from the other source. | 4517 |
(Q) No candidate or public official or employee shall
accept | 4518 |
for personal or business use anything of value from a
political | 4519 |
party, political action committee,
political contributing entity, | 4520 |
legislative campaign fund, or
campaign
committee other than the | 4521 |
candidate's or public
official's or
employee's own campaign | 4522 |
committee, and no person shall knowingly
give to a candidate or | 4523 |
public official or employee anything of
value from a political | 4524 |
party, political action committee,
political contributing entity, | 4525 |
legislative campaign fund, or
such
a campaign committee, except | 4526 |
for the following: | 4527 |
Reimbursable expenses under this division do not include,
and | 4549 |
it is a violation of this division for a candidate or public | 4550 |
official or employee to accept, or for any person to knowingly | 4551 |
give to a candidate or public official or employee from a | 4552 |
political party, political action committee,
political | 4553 |
contributing entity,
legislative campaign fund, or campaign | 4554 |
committee other than the candidate's or public
official's or | 4555 |
employee's own campaign committee, anything of value for | 4556 |
activities primarily related to the candidate's or public | 4557 |
official's or employee's own campaign for election,
except for | 4558 |
contributions to the candidate's or public official's
or | 4559 |
employee's
campaign committee. | 4560 |
(2) No candidate, campaign committee, political action | 4631 |
committee,
political contributing entity, legislative campaign | 4632 |
fund, state candidate
fund, political party, or separate | 4633 |
segregated fund shall solicit or accept a contribution, | 4634 |
expenditure, or
independent expenditure from a foreign national. | 4635 |
The secretary of state
may direct any candidate,
committee, fund, | 4636 |
entity, or party that accepts a contribution,
expenditure, or | 4637 |
independent expenditure in violation of this
division to return | 4638 |
the contribution, expenditure, or independent
expenditure or, if | 4639 |
it is not possible to return the contribution, expenditure,
or | 4640 |
independent expenditure, then to return instead the value of it, | 4641 |
to
the contributor. | 4642 |
(2) If a complaint filed with the Ohio
elections commission | 4681 |
created under section 3517.152 of the
Revised Code alleges an act | 4682 |
or failure to act
that is a violation of section 3517.13 of the | 4683 |
Revised
Code, former divisions (A) to (R) of that
section apply to | 4684 |
the
act or failure to act if it occurred before
August 24,
1995, | 4685 |
former
divisions (A) to (U) of that
section apply to the act or | 4686 |
failure
to act if
it occurs on or after
August 24, 1995, but | 4687 |
before July
13, 1998, former
divisions
(A) to (V) of that section | 4688 |
apply to the act or
failure to
act if it occurs on or after July | 4689 |
13, 1998, but before
the effective
date of this amendmentDecember | 4690 |
22, 1999, andformer divisions (A) to (W) of
that
section apply to | 4691 |
the act or failure to act if it occurs on or
after
the
effective | 4692 |
date of this amendmentDecember 22, 1999, but before the effective | 4693 |
date of this amendment, and divisions (A) to (X) of that section | 4694 |
apply to the act or failure to act if it occurs on or after the | 4695 |
effective date of this amendment. | 4696 |
Not later than forty-five days after
August 24, 1995,
the | 4702 |
speaker of the house of representatives and the leader in the | 4703 |
senate of the
political party of which the speaker is a member | 4704 |
shall jointly submit to the
governor a list of five persons who | 4705 |
are affiliated with that political party.
Not later than | 4706 |
forty-five days after
August 24, 1995, the
two legislative leaders | 4707 |
in the two houses of the general assembly of the major
political | 4708 |
party of which the speaker is not a member shall jointly submit to | 4709 |
the governor a list of five persons who are affiliated with the | 4710 |
major
political
party of which the speaker is not a member. Not | 4711 |
later than fifteen days after
receiving each list, the governor | 4712 |
shall appoint three persons from each list
to
the commission. The | 4713 |
governor shall appoint one person from each list to a
term
that | 4714 |
ends on December 31, 1996, one person from each list to a term | 4715 |
that ends on December 31, 1997, and one person from each list to a | 4716 |
term that ends on December 31, 1998. | 4717 |
Not later than thirty days after the governor appoints these | 4718 |
six
members,
they shall, by a majority vote, appoint to the | 4719 |
commission a seventh member,
who shall not be affiliated with a | 4720 |
political party. If the six members fail
to appoint the seventh | 4721 |
member within this thirty-day period, the chief justice
of the | 4722 |
supreme court, not later than thirty days after the end of the | 4723 |
period
during which the six members were required to appoint a | 4724 |
member, shall appoint
the seventh member, who shall not be | 4725 |
affiliated with a political party. The
seventh member shall be | 4726 |
appointed to a term that ends on December 31,
2001. Terms of the | 4727 |
initial members appointed under this division
begin on January 1, | 4728 |
1996. | 4729 |
(2) If a vacancy occurs in the position of the seventh | 4730 |
member, who is not
affiliated with a political party, the six | 4731 |
remaining members by a majority
vote shall appoint, not later than | 4732 |
forty-five days after
the date of the vacancy,
the seventh member | 4733 |
of the commission, who shall not be affiliated with a
political | 4734 |
party. If these members fail to appoint the seventh member within | 4735 |
this forty-five-day period, the chief justice of the
supreme | 4736 |
court, within
fifteen days after the end of this period, shall | 4737 |
appoint the seventh member,
who shall not be affiliated with a | 4738 |
political party. If a vacancy occurs in
any of the other six | 4739 |
positions on the commission, the legislative leaders of
the | 4740 |
political party from whose list of persons the member being | 4741 |
replaced was
appointed shall submit to the governor, not later | 4742 |
than thirty days after the
date of the vacancy, a list of three | 4743 |
persons who are affiliated with that
political party. Not later | 4744 |
than fifteen days after receiving the list, the
governor, with the | 4745 |
advice and consent of the senate,
shall appoint one person from | 4746 |
the list to the commission. | 4747 |
(B) Each member of the
Ohio elections commission shall hold | 4759 |
office from the date of the member's appointment
until the end of | 4760 |
the term for which the member was appointed. A member
appointed to | 4761 |
fill a vacancy occurring prior
to the expiration of the term for | 4762 |
which the member's predecessor was
appointed shall hold office for | 4763 |
the remainder of that term. A
member shall continue in office | 4764 |
subsequent to
the expiration date of the member's term until the | 4765 |
member's successor takes
office
or until a period of sixty days | 4766 |
has elapsed, whichever occurs
first. After the initial terms of | 4767 |
office provided for in
division (A)(1) of this section, terms of | 4768 |
office shall be
for five years. | 4769 |
Sec. 3517.154. (A)(1) The full-time attorney
for the Ohio | 4864 |
elections commission shall review each
complaint filed with the | 4865 |
commission under section 3517.153 of the
Revised Code, shall | 4866 |
determine the nature of the
complaint, and, unless division | 4867 |
(A)(2)(a)
of this section requires that the complaint receive an | 4868 |
automatic
expedited hearing, shall make a recommendation to the | 4869 |
commission for
its disposition, in accordance with this section. | 4870 |
The attorney
shall make the determination and the recommendation, | 4871 |
if required,
not later than one business day after the complaint | 4872 |
is filed. | 4873 |
(b) If the attorney determines that the
complaint sets forth | 4884 |
a failure to comply with or a violation
of division (G), (I), (J), | 4885 |
(O),
(P), or (Q) of section 3517.13, division
(A) of section | 4886 |
3517.21, or division (A) of
section 3517.22 of the Revised Code | 4887 |
and that the complaint is filed during
one of the periods of time | 4888 |
specified in division (B)(1) of section
3517.156 of the Revised | 4889 |
Code, the attorney shall
recommend to the commission that the | 4890 |
complaint receive an
expedited hearing under section 3517.156 of | 4891 |
the Revised
Code, and the complaint shall receive such a hearing. | 4892 |
(c) If the attorney determines that the
complaint sets forth | 4893 |
a failure to comply with or a violation
of a section of the | 4894 |
Revised Code over which the commission has jurisdiction to
hear | 4895 |
complaints other than the sections described in divisions | 4896 |
(A)(2)(a) and (b) of this section,
and unless the attorney makes a | 4897 |
determination as provided for in division
(A)(3) of this section, | 4898 |
the attorney shall recommend to the
commission that the complaint | 4899 |
be submitted to the commission
under section 3517.155 of the | 4900 |
Revised Code.
After the attorney makes that recommendation, the | 4901 |
attorney shall notify
all parties to the complaint of the | 4902 |
attorney's recommendation. | 4903 |
(ii) If the complaint involves a statement
required to be | 4918 |
filed under section 3517.10, division (E) of section
3517.102, or | 4919 |
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109, | 4920 |
3517.1011, or 3517.1012 of
the Revised
Code or an addendum | 4921 |
required to be filed under section
3517.11 of the Revised Code | 4922 |
that is filed late,
how late the filing is and how much time has | 4923 |
elapsed between the
deadline for filing the statement or addendum | 4924 |
and the filing of
the complaint; | 4925 |
(iii) If the complaint involves contributions
orand | 4926 |
expenditures, contributions and disbursements, or deposits and | 4927 |
disbursements required to be reported under section 3517.10, | 4928 |
division
(E) of section 3517.102, or section 3517.105, 3517.107, | 4929 |
3517.108, or
3517.109, 3517.1011, or 3517.1012 of
the Revised Code | 4930 |
that are either not reported or
reported late, the number of | 4931 |
contributions orand expenditures, contributions and | 4932 |
disbursements, or deposits and disbursements not
reported or how | 4933 |
late they were reported; | 4934 |
(4) The attorney may join two or more complaints if the | 4975 |
attorney
determines that the allegations in each complaint are of | 4976 |
the same
or similar character, are based on the same act or | 4977 |
failure to
act, or are based on two or more acts or failures to | 4978 |
act
constituting parts of a common scheme or plan. If one | 4979 |
complaint
contains two or more allegations, the attorney may | 4980 |
separate the
allegations if they are not of the same or similar | 4981 |
character,
if they are not based on the same act or failure to | 4982 |
act, or if
they are not based on two or more acts or failures to | 4983 |
act
constituting parts of a common scheme or plan. If the attorney | 4984 |
separates the allegations in a complaint, the attorney may make | 4985 |
separate
recommendations under division (A)(2) or (3) of this | 4986 |
section for each allegation. | 4987 |
(B) Whenever a person or other entity files a
complaint with | 4988 |
the commission setting forth a failure to comply
with or a | 4989 |
violation of a section of the Revised Code as described in | 4990 |
division
(A)(2)(c) of this section and the complaint is filed | 4991 |
during one of the
periods of time specified in division (B)(1) of | 4992 |
section 3517.156
of the Revised Code, the person or
entity may | 4993 |
request an expedited hearing under that section at the time
the | 4994 |
complaint is
filed. The attorney for the commission shall inform | 4995 |
the members
of the commission of that request at the time the | 4996 |
attorney makes a
recommendation under division (A) of this | 4997 |
section. The
commission may grant the request for an expedited | 4998 |
hearing under this division
if it
determines that an expedited | 4999 |
hearing is practicable. | 5000 |
Sec. 3517.155. (A)(1) Except as otherwise
provided in | 5001 |
division (B) of this section, the
Ohio elections commission shall | 5002 |
hold its first hearing on
a complaint filed with it, other than a | 5003 |
complaint that receives
an expedited hearing under section | 5004 |
3517.156 of the
Revised Code, not later than ninety business days | 5005 |
after the complaint is filed unless the commission has good cause | 5006 |
to hold the hearing after that time, in which case it shall hold | 5007 |
the hearing not later than one hundred eighty business days after | 5008 |
the complaint is filed. At the hearing, the commission shall | 5009 |
determine whether or not the failure to act or the violation | 5010 |
alleged in the complaint has occurred and shall do only one of
the | 5011 |
following, except as otherwise provided in division
(B) of this | 5012 |
section or in division (B)
of section 3517.151 of the Revised | 5013 |
Code: | 5014 |
(B) If the commission decides that the evidence
is | 5045 |
insufficient for it to determine whether or not the failure to
act | 5046 |
or the violation alleged in the complaint has occurred,
the | 5047 |
commission, by the affirmative vote of five members,
may request | 5048 |
that an investigatory attorney investigate the
complaint. Upon | 5049 |
that request, an investigatory attorney shall make an | 5050 |
investigation in order to produce sufficient evidence for the | 5051 |
commission to decide the matter. If the commission requests
an | 5052 |
investigation under this division, for good cause shown by the | 5053 |
investigatory attorney, the commission may extend by sixty days | 5054 |
the deadline
for
holding its first hearing on the complaint as | 5055 |
required in
division (A) of this section. | 5056 |
(E) In an action before the commission or a
panel of the | 5074 |
commission, if the allegations of the complainant
are not proved, | 5075 |
and the commission takes the action described in
division | 5076 |
(A)(1)(a) of this section or a panel of the
commission takes the | 5077 |
action described in division (C)(1)
of section 3517.156 of the | 5078 |
Revised Code, the
commission or a panel of the commission may find | 5079 |
that the
complaint is frivolous, and, if the commission or panel | 5080 |
so finds, the
commission shall order the complainant to pay | 5081 |
reasonable attorney's fees and
to
pay the costs of the commission | 5082 |
or panel as determined
by a majority of the members of the | 5083 |
commission. The costs paid to the
commission or panel under this | 5084 |
division shall be
deposited into the Ohio elections commission | 5085 |
fund. | 5086 |
Each party treasurer receiving public moneys from the Ohio | 5116 |
political party fund shall deposit those moneys into the party's | 5117 |
restricted fund created under section 3517.1012 of the Revised | 5118 |
Code, shall expend and maintain suchthose moneys in an account | 5119 |
separate from all other assets of the political partysubject to | 5120 |
the requirements of that section and section 3517.18 of the | 5121 |
Revised Code, and shall
file deposit and disbursement statements | 5122 |
of contributions and expenditures as required by
sections 3517.10 | 5123 |
and 3517.11division (B) of section 3517.1012 of the Revised Code. | 5124 |
Each treasurer
of a state executive committee who files such a | 5125 |
statement shall
file it with the secretary of state and each | 5126 |
treasurer of a
county executive committee who files such a | 5127 |
statement shall file
it with the appropriate board of elections. | 5128 |
All such statements
filed shall clearly indicate the amounts of | 5129 |
public moneys
received and the manner of their expenditure. The | 5130 |
auditor of
state shall annually audit the deposit and disbursement | 5131 |
statements of the state committee
of a political party that has | 5132 |
receivedis eligible to receive public moneys collected
during the | 5133 |
previous year, to ascertain that suchall moneys in the party's | 5134 |
restricted fund are
expended in accordance with law. The auditor | 5135 |
of state shall
audit the deposit and disbursement statements of | 5136 |
each county committee of such a political
party to ascertain that | 5137 |
all moneys in the party's restricted fund are expended in | 5138 |
accordance with law at the time of the public office audit of that | 5139 |
county under
Chapter 117. of the Revised Code. | 5140 |
(B) Only major political parties, as defined in section | 5141 |
3501.01 of the Revised Code, may apply for public moneys from the | 5142 |
Ohio political party fund. At the end of each even-numbered | 5143 |
calendar year, the secretary of state shall announce the names of | 5144 |
all such political parties, indicating that they may apply to | 5145 |
receive such moneys during the ensuing two years. Any political | 5146 |
party named at this time may, not later than the last day of | 5147 |
January of the ensuing odd-numbered year, make application with | 5148 |
the tax commissionerauditor of state to receive public moneys. No | 5149 |
A political
party that fails to make a timely application shall | 5150 |
not receive
public moneys during that two-year period. The tax | 5151 |
commissionerauditor of state
shall prescribe an appropriate | 5152 |
application form. Moneys from the
fund shall be provided during | 5153 |
the appropriate two-year period to
each political party that makes | 5154 |
a timely application in
accordance with this division. | 5155 |
(2) No candidate, campaign committee, legislative
campaign | 5196 |
fund, political party, or other entity, except a political action | 5197 |
committee or political contributing entity, shall issue a form of | 5198 |
political publication
for or
against a candidate, or shall make an | 5199 |
expenditure
for the purpose of financing political communications | 5200 |
in support of or
opposition to a candidate through public | 5201 |
political advertising, unless the
name and residence or business | 5202 |
address of the
candidate or the chairperson, treasurer, or | 5203 |
secretary of the
campaign committee, legislative campaign fund, | 5204 |
political party,
or other entity that
issues or otherwise is | 5205 |
responsible for that political publication or
that makes an | 5206 |
expenditure for that political communication
appears in a | 5207 |
conspicuous place on that political
publication
or is contained | 5208 |
within that
political communication. | 5209 |
(a) Issue a form of political publication for or against
a | 5219 |
candidate that costs in excess of the designated amount or
that is | 5220 |
issued in cooperation, consultation, or concert with, or
at the | 5221 |
request or suggestion of, a candidate, a campaign
committee, a | 5222 |
legislative campaign fund, a political party, a
political action | 5223 |
committee with ten or more members, a political
contributing | 5224 |
entity with ten or more members, or a
limited political action | 5225 |
committee or limited political contributing
entity that spends in | 5226 |
excess of the
designated amount on a related or the same or | 5227 |
similar political
publication for or against a candidate; | 5228 |
(b) Make an expenditure in excess of the designated
amount in | 5229 |
support of or opposition to a candidate or make an
expenditure in | 5230 |
cooperation, consultation, or concert with, or at
the request or | 5231 |
suggestion of, a candidate, a campaign committee,
a legislative | 5232 |
campaign fund, a political party, a political
action committee | 5233 |
with ten or more members, a political contributing entity
with ten | 5234 |
or more members, or a limited
political action committee or | 5235 |
limited political contributing entity
that spends in excess of the | 5236 |
designated amount in support of or opposition to the same | 5237 |
candidate, for the purpose of financing political communications | 5238 |
in support of or opposition to that candidate through public | 5239 |
political advertising. | 5240 |
(4) No political action committee with ten or more
members | 5241 |
and no political contributing entity with ten or more members | 5242 |
shall issue a form of political
publication for or against a | 5243 |
candidate, or shall make an
expenditure for the purpose of | 5244 |
financing political
communications in support of or opposition to | 5245 |
a candidate
through public political advertising, unless the name | 5246 |
and
residence or business address of the chairperson, treasurer, | 5247 |
or
secretary of the political action committee or political | 5248 |
contributing
entity that issues or otherwise
is responsible for | 5249 |
that political publication or that makes an
expenditure for that | 5250 |
political communication through public
political advertising | 5251 |
appears in a conspicuous place in that
political publication or is | 5252 |
contained within that political
communication. | 5253 |
(5) No corporation, labor organization, campaign
committee, | 5254 |
legislative campaign fund, political party, or other
entity, | 5255 |
except a political action committee, shall issue a form of | 5256 |
political
publication for or against an
issue, or shall make an | 5257 |
expenditure for the purpose of financing
political communications | 5258 |
in support of or opposition to a ballot
issue or question through | 5259 |
public political advertising, unless
the name and residence or | 5260 |
business address of the chairperson,
treasurer, or secretary of | 5261 |
the corporation, labor organization,
campaign committee, | 5262 |
legislative campaign fund, political party,
or other entity that | 5263 |
issues or otherwise is responsible for that political publication | 5264 |
or
that makes an expenditure for that political communication | 5265 |
through public political advertising appears in a conspicuous | 5266 |
place in that political publication or is contained within that | 5267 |
political communication. | 5268 |
(a) Issue a form of political publication for or against
a | 5277 |
ballot issue that costs in excess of the designated amount or
that | 5278 |
is issued in cooperation, consultation, or concert with, or
at the | 5279 |
request or suggestion of, a candidate, a campaign
committee, a | 5280 |
legislative campaign fund, a political party, a
political action | 5281 |
committee with ten or more members, or a
limited political action | 5282 |
committee that spends in excess of the designated
amount for a | 5283 |
related or the same or similar political
publication for or | 5284 |
against an issue; | 5285 |
(b) Make an expenditure in excess of the designated
amount in | 5286 |
support of or opposition to a ballot issue or make an
expenditure | 5287 |
in cooperation, consultation, or concert with, or at
the request | 5288 |
or suggestion of, a candidate, a campaign committee,
a legislative | 5289 |
campaign fund, a political party, a political
action committee | 5290 |
with ten or more members, or a limited
political action committee | 5291 |
that spends in excess of the
designated amount in support of or | 5292 |
opposition to the same ballot
issue, for the purpose of financing | 5293 |
political communications in
support of or opposition to that | 5294 |
ballot issue through public
political advertising. | 5295 |
(7) No political action committee with ten or more
members | 5296 |
shall issue a form of political
publication for or against an | 5297 |
issue, or shall make an
expenditure for the purpose of financing | 5298 |
political
communications in support of or opposition to a ballot | 5299 |
issue or
question through public political advertising, unless the | 5300 |
name
and residence or business address of the chairperson, | 5301 |
treasurer, or
secretary of the political action committee that | 5302 |
issues or otherwise is
responsible for that political publication | 5303 |
or that makes an
expenditure for that political communication | 5304 |
appears in a
conspicuous place in that political publication or is | 5305 |
contained
within that political communication. | 5306 |
(B)(1) No
candidate, campaign committee, legislative campaign | 5338 |
fund, political contributing entity,
political party, political | 5339 |
action committee, limited political
action committee, political | 5340 |
contributing entity, limited
political contributing entity, or | 5341 |
other entity
shall utter or cause to be uttered, over the | 5342 |
broadcasting facilities of any radio or television station within | 5343 |
this state, any communication that is designed to promote the | 5344 |
nomination, election, or defeat of a candidate, or the
adoption
or | 5345 |
defeat of an issue or to influence the voters in an
election, | 5346 |
unless the speaker identifies the speaker with
the speaker's name | 5347 |
and residence address or unless the
communication identifies the | 5348 |
chairperson, treasurer, or secretary of the
organization | 5349 |
responsible for the communication with the name and residence or | 5350 |
business address of that officer, except that communications by | 5351 |
radio need not
broadcast the residence or business address of the | 5352 |
officer. However, a radio
station, for a period of at least six | 5353 |
months, shall keep the residence or
business address on file and | 5354 |
divulge it to any person upon request. | 5355 |
(C) No candidate, campaign committee, legislative campaign | 5369 |
fund, political party, political action committee, limited | 5370 |
political action committee, or other person or entity shall | 5371 |
conduct a telephone bank for the purpose of promoting the | 5372 |
nomination, election, or defeat of a candidate or the adoption or | 5373 |
defeat of an issue or to influence the voters in an election, | 5374 |
unless the call includes a disclaimer that identifies the name of | 5375 |
the candidate, campaign committee, legislative campaign fund, | 5376 |
political party, political action committee, limited political | 5377 |
action committee, or other person or entity paying for the | 5378 |
telephone bank. | 5379 |
Sec. 3517.23. The secretary of state shall adopt rules in | 5385 |
accordance with
Chapter 119. of the Revised Code that are | 5386 |
necessary for the administration and
enforcement of sections | 5387 |
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22,
3599.03, and | 5388 |
3599.031 of the Revised Code and shall provide
each
candidate, | 5389 |
political action committee, legislative campaign fund,
political | 5390 |
party, and political contributing entityelectioneering | 5391 |
communication committee with written
instructions and explanations | 5392 |
in order to ensure compliance with sections
3517.08 to 3517.13, | 5393 |
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 of the | 5394 |
Revised Code. | 5395 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 5639 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 5640 |
3517.1012, and section 3599.031 of the Revised Code and except
as | 5641 |
provided in divisions (D), (E), and
(F) of this section, no | 5642 |
corporation, no nonprofit
corporation, and no labor organization, | 5643 |
directly or
indirectly, shall pay or use, or offer, advise, | 5644 |
consent,
or agree to pay or
use, the corporation's money or | 5645 |
property, or the
labor organization's
money, including dues, | 5646 |
initiation fees, or other assessments paid
by members,
or | 5647 |
property, for or in aid of or
opposition to a political party, a | 5648 |
candidate for election or
nomination to public office, a political | 5649 |
action committee including a political action committee of the | 5650 |
corporation or labor organization, a
legislative campaign fund, or | 5651 |
any
organization that supports or opposes any such candidate, or | 5652 |
for
any partisan political purpose, shall violate any law | 5653 |
requiring the
filing of an affidavit or statement respecting such | 5654 |
use of
those funds, or shall pay or use the corporation's
or labor | 5655 |
organization's money
for the expenses of
a social fund-raising | 5656 |
event for its political action committee if
an employee's or labor | 5657 |
organization member's
right
to attend such an event is
predicated | 5658 |
on the employee's or member's contribution to the
corporation's
or | 5659 |
labor organization's political action committee. | 5660 |
(B)(1) No officer, stockholder, attorney, or agent of a | 5664 |
corporation or nonprofit
corporation, no member, including an | 5665 |
officer, attorney, or agent, of a labor
organization, and no | 5666 |
candidate, political party official, or other individual
shall | 5667 |
knowingly aid, advise, solicit, or receive money or other property | 5668 |
in
violation of division (A)(1) of this section. | 5669 |
(C) A corporation, a
nonprofit
corporation, or a labor | 5673 |
organization may
use its funds or property for or in aid of or | 5674 |
opposition to a
proposed or certified ballot issue. Such use of | 5675 |
funds or
property shall be reported on a form prescribed by the | 5676 |
secretary
of state. Reports of contributions in connection with | 5677 |
statewide
ballot issues shall be filed with the secretary of | 5678 |
state.
Reports of contributions in connection with local issues | 5679 |
shall be
filed with the board of elections of the most populous | 5680 |
county of
the district in which the issue is submitted or to be | 5681 |
submitted
to the electors. Reports made pursuant to this division | 5682 |
shall be
filed by the times specified in divisions (A)(1) and (2) | 5683 |
of
section 3517.10 of the Revised Code. | 5684 |
Sec. 3599.031. (A) Notwithstanding any sectionprovision of | 5714 |
the
Revised Code to the contrary and subject to divisions (C) and | 5715 |
(H)division (C) of section 3517.09 of the Revised Code and | 5716 |
division (B) of this
section, any employer may deduct from the | 5717 |
wages and salaries
of its employees amounts for an account | 5718 |
described in division (C)(B) of
this section, a separate | 5719 |
segregated fund, a political action
committee of the employer, a | 5720 |
political action committee
of a labor organization of the | 5721 |
employer's employees, a political action
committee of an | 5722 |
association of which the employer is a member, a political
party, | 5723 |
electioneering communication committee, or a ballot
issue that the | 5724 |
employee by written
authorization may designate and shall transmit | 5725 |
any amounts so
deducted as a separate written authorization | 5726 |
described in
division (C)(B) of this section shall direct. Any | 5727 |
authorization authorizing a deduction from an employee's wages or | 5728 |
salary may be on a form that
is used to apply for or
authorize | 5729 |
membership in or authorize payment of dues or fees to
any | 5730 |
organization, but the authorization for a deduction shall be | 5731 |
stated and signed separately from the application for membership | 5732 |
or the
authorization for the payment of dues or fees. The employer | 5733 |
either may deduct from the amount
to be so transmitted a uniform | 5734 |
amount determined by the employer
to be necessary to defray the | 5735 |
actual cost of making such
deduction and transmittal, or may | 5736 |
utilize its own funds in an
amount it determines is necessary to | 5737 |
defray the actual
administrative cost, including making the | 5738 |
deduction and
transmittal. | 5739 |
(C) If an employer establishes a separate account in the name | 5746 |
of
an employee for the purpose of depositing into the account | 5747 |
amounts deducted
from the wages and salary of the employee | 5748 |
pursuant to division (A) of
this section or amounts directly given | 5749 |
by the employee to the
employer for the
support of a candidate, a | 5750 |
separate segregated fund, a political action
committee of the | 5751 |
employer, a political action committee of a labor organization of | 5752 |
the employer's
employees, a political action committee of an | 5753 |
association of
which the employer
is a member, a political party, | 5754 |
a legislative campaign fund, an electioneering communication | 5755 |
committee, or a ballot
issue, the employee
shall sign a
written | 5756 |
authorization designating the recipient of a disbursement
from | 5757 |
that
account. The written authorization required under this | 5758 |
division
is separate
and distinct from a written authorization | 5759 |
required under division
(A)
of this section. The authorization | 5760 |
required under this division
shall clearly
identify and designate | 5761 |
the candidate, separate segregated fund, political
action | 5762 |
committee
of the employer, political action committee of a labor | 5763 |
organization of the
employer's employees, political action | 5764 |
committee of an
association of which
the employer is a member, | 5765 |
political party, a legislative campaign fund, electioneering | 5766 |
communication committee, or
ballot issue that
is to receive
any | 5767 |
disbursement from the account established pursuant to this | 5768 |
division. No
person shall designate the recipient of a | 5769 |
disbursement from the account except
the employee from whose | 5770 |
account the disbursement is made. No employer shall
make a | 5771 |
disbursement from the account of an employee established under | 5772 |
this
division unless the employer has received the written | 5773 |
authorization required
under this division. | 5774 |
Section 2. That existing sections 102.03, 2921.01, 2921.43, | 5855 |
3501.38, 3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, | 5856 |
3517.082, 3517.09, 3517.092, 3517.10, 3517.102, 3517.103, | 5857 |
3517.104, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, | 5858 |
3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, | 5859 |
3517.20, 3517.23, 3517.992, and 3599.031 and section Sec. 3599.03. of | 5860 |
the Revised Code are hereby repealed. | 5861 |
(B) Any person intending to make a disbursement or | 5868 |
disbursements for the direct costs of producing or airing | 5869 |
electioneering communications under this act who wishes to make | 5870 |
those disbursements using contributions that the person received | 5871 |
before the effective date of this act shall, in the first | 5872 |
disclosure of electioneering communications statement that the | 5873 |
person is required to file, report the contributor information | 5874 |
specified in division (D)(1)(e) or (f) of section 3517.1011 of the | 5875 |
Revised Code for each contribution that was received before the | 5876 |
effective date of this act and that the person uses to make a | 5877 |
disbursement that is included in that statement. | 5878 |
Section 4. (A) A state or county political party that has a | 5882 |
state candidate fund, established under division (D)(3)(c) of | 5883 |
section 3517.10 of the Revised Code as it existed prior to the | 5884 |
effective date of this act, in existence on that effective date | 5885 |
shall, not later than 4 p.m. on that effective date, disburse any | 5886 |
moneys in the fund in accordance with the versions of sections | 5887 |
3517.08 to 3517.13 of the Revised Code that were in effect prior | 5888 |
to that effective date. Any state candidate fund in existence on | 5889 |
the effective date of this act shall be abolished not later than 4 | 5890 |
p.m. on that effective date. | 5891 |