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To amend sections 101.34, 101.99, 102.03, 121.99, | 1 |
127.13, 2921.01, 2921.43, 2923.31, 3501.05, | 2 |
3513.10, 3517.01, 3517.03, 3517.06, 3517.08, | 3 |
3517.082, 3517.09, 3517.092, 3517.10, 3517.102, | 4 |
3517.103, 3517.105, 3517.106, 3517.108, 3517.109, | 5 |
3517.1010, 3517.11, 3517.13, 3517.151, 3517.152, | 6 |
3517.154, 3517.155, 3517.20, 3517.23, 3517.992, | 7 |
3599.03, 3599.031, 5727.61, and 5733.27, and to | 8 |
enact sections 101.80, 101.801, 101.802, 101.803, | 9 |
101.804, 121.80, 121.81, 121.82, 121.83, 121.84, | 10 |
and 3517.1011 of the Revised Code to revise the | 11 |
Campaign Finance Law and the Ethics Law. | 12 |
Section 1. That sections 101.34, 101.99, 102.03, 121.99, | 13 |
127.13, 2921.01, 2921.43, 2923.31, 3501.05, 3513.10, 3517.01, | 14 |
3517.03, 3517.06, 3517.08, 3517.082, 3517.09, 3517.092, 3517.10, | 15 |
3517.102, 3517.103, 3517.105, 3517.106, 3517.108, 3517.109, | 16 |
3517.1010, 3517.11, 3517.13, 3517.151, 3517.152, 3517.154, | 17 |
3517.155, 3517.20, 3517.23, 3517.992, 3599.03, 3599.031, 5727.61, | 18 |
and 5733.27 be amended and sections 101.80, 101.801, 101.802, | 19 |
101.803, 101.804, 121.80, 121.81, 121.82, 121.83, 121.84, and | 20 |
3517.1011 of the Revised Code be enacted to read as follows: | 21 |
Sec. 101.34. (A) There is hereby created a joint legislative | 22 |
ethics committee to serve the general assembly. The committee | 23 |
shall be composed of twelve members, six each from the two major | 24 |
political parties, and each member shall serve on the committee | 25 |
during the member's term as a member of that general assembly. Six | 26 |
members of the committee shall be members of the house of | 27 |
representatives appointed by the speaker of the house of | 28 |
representatives, not more than three from the same political | 29 |
party, and six members of the committee shall be members of the | 30 |
senate appointed by the president of the senate, not more than | 31 |
three from the same political party. A vacancy in the committee | 32 |
shall be filled for the unexpired term in the same manner as an | 33 |
original appointment. The members of the committee shall be | 34 |
appointed within fifteen days after the first day of the first | 35 |
regular session of each general assembly, and the committee shall | 36 |
meet and proceed to recommend an ethics code not later than thirty | 37 |
days after the first day of the first regular session of each | 38 |
general assembly. | 39 |
In the first regular session of each general assembly, the | 40 |
speaker of the house of representatives shall appoint the | 41 |
chairperson of the committee from among the house members of the | 42 |
committee, and the president of the senate shall appoint the | 43 |
vice-chairperson of the committee from among the senate members of | 44 |
the committee. In the second regular session of each general | 45 |
assembly, the president of the senate shall appoint the | 46 |
chairperson of the committee from among the senate members of the | 47 |
committee, and the speaker of the house of representatives shall | 48 |
appoint the vice-chairperson of the committee from among the house | 49 |
members of the committee. The chairperson, vice-chairperson, and | 50 |
members of the committee shall serve until their respective | 51 |
successors are appointed or until they are no longer members of | 52 |
the general assembly. | 53 |
The committee shall meet at the call of the chairperson or | 54 |
upon the written request of seven members of the committee. | 55 |
(B) The joint legislative ethics committee: | 56 |
(1) Shall recommend a code of ethics | 57 |
with law to govern all members and employees of each house of the | 58 |
general assembly and all candidates for the office of member of | 59 |
each house; | 60 |
(2) May receive and hear any complaint | 61 |
breach of any privilege of either house, or misconduct of any | 62 |
member, employee, or candidate, or any violation of the | 63 |
appropriate code of ethics; | 64 |
(3) May obtain information with respect to any complaint | 65 |
filed pursuant to this section and to that end may enforce the | 66 |
attendance and testimony of witnesses, and the production of books | 67 |
and papers; | 68 |
(4) May recommend whatever sanction is appropriate with | 69 |
respect to a particular member, employee, or candidate as will | 70 |
best maintain in the minds of the public a good opinion of the | 71 |
conduct and character of members and employees of the general | 72 |
assembly; | 73 |
(5) May recommend legislation to the general assembly | 74 |
relating to the conduct and ethics of members and employees of and | 75 |
candidates for the general assembly; | 76 |
(6) Shall employ an executive director for the committee and | 77 |
may employ | 78 |
to assist it in exercising its powers and duties. The executive | 79 |
director and staff of the committee shall be known as the office | 80 |
of legislative inspector general. At least one member of the staff | 81 |
of the committee shall be an attorney at law licensed to practice | 82 |
law in this state. The appointment and removal of the executive | 83 |
director shall require the approval of at least eight members of | 84 |
the committee. | 85 |
(7) May employ a special counsel to assist the committee in | 86 |
exercising its powers and duties. The appointment and removal of a | 87 |
special counsel shall require the approval of at least eight | 88 |
members of the committee. | 89 |
(8) Shall act as an advisory body to the general assembly and | 90 |
to individual members, candidates, and employees on questions | 91 |
relating to ethics, possible conflicts of interest, and financial | 92 |
disclosure; | 93 |
(9) Shall provide for the proper forms on which the statement | 94 |
required pursuant to section 102.02 of the Revised Code shall be | 95 |
filed and instructions as to the filing of the statement; | 96 |
(10) Exercise the powers and duties prescribed under sections | 97 |
101.70 to 101.79, sections 101.80 to 101.804, sections 101.90 to | 98 |
101.98, | 99 |
121.84 of the Revised Code; | 100 |
(11) Adopt, in accordance with section 111.15 of the Revised | 101 |
Code, any rules that are necessary to implement and clarify | 102 |
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code. | 103 |
(C) There is hereby created in the state treasury the joint | 104 |
legislative ethics committee fund. | 105 |
division (E) of section 101.802 and division (E) of section 121.82 | 106 |
of the Revised Code, money credited to the fund and any interest | 107 |
and earnings from the fund shall be used solely for the operation | 108 |
of the joint legislative ethics committee and the office of | 109 |
legislative inspector general and for the purchase of data storage | 110 |
and computerization facilities for the statements filed with the | 111 |
joint committee under sections 101.73, 101.74, 101.802, 121.63, | 112 |
113 |
(D) The chairperson of the joint legislative ethics committee | 114 |
shall issue a written report, not later than the thirty-first day | 115 |
of January of each year, to the speaker and minority leader of the | 116 |
house of representatives and to the president and minority leader | 117 |
of the senate that lists the number of committee meetings and | 118 |
investigations the committee conducted during the immediately | 119 |
preceding calendar year and the number of advisory opinions it | 120 |
issued during the immediately preceding calendar year. | 121 |
(E) Any investigative report that contains facts and findings | 122 |
regarding a complaint filed with the joint legislative ethics | 123 |
committee and that is prepared by the staff of the committee or a | 124 |
special counsel to the committee shall become a public record upon | 125 |
its acceptance by a vote of the majority of the members of the | 126 |
committee, except for any names of specific individuals and | 127 |
entities contained in the report. If the committee recommends | 128 |
disciplinary action or reports its findings to the appropriate | 129 |
prosecuting authority for proceedings in prosecution of the | 130 |
violations alleged in the complaint, the investigatory report | 131 |
regarding the complaint shall become a public record in its | 132 |
entirety. | 133 |
(F)(1) Any file obtained by or in the possession of the | 134 |
former house ethics committee or former senate ethics committee | 135 |
shall become the property of the joint legislative ethics | 136 |
committee. Any such file is confidential if either of the | 137 |
following applies: | 138 |
(a) It is confidential under section 102.06 of the Revised | 139 |
Code or the legislative code of ethics. | 140 |
(b) If the file was obtained from the former house ethics | 141 |
committee or from the former senate ethics committee, it was | 142 |
confidential under any statute or any provision of a code of | 143 |
ethics that governed the file. | 144 |
(2) As used in this division, "file" includes, but is not | 145 |
limited to, evidence, documentation, or any other tangible thing. | 146 |
Sec. 101.80. As used in sections 101.80 to 101.804 of the | 147 |
Revised Code: | 148 |
(A) "Contribution" means money, property, financial | 149 |
assistance, or any other thing of value given to a person for a | 150 |
social, recreational, benevolent, charitable, fraternal, | 151 |
political, patriotic, athletic, or other purpose. | 152 |
(B) "Person" hasthe same meaning as in section 101.70 of the | 153 |
Revised Code. | 154 |
Sec. 101.801. (A) No member of the general assembly or | 155 |
candidate for the office of member of the general assembly shall | 156 |
knowingly fail to maintain a record that section 101.802 of the | 157 |
Revised Code requires the member or candidate to maintain. | 158 |
(B) No member of the general assembly or candidate for the | 159 |
office of member of the general assembly shall knowingly fail to | 160 |
file a statement that section 101.802 of the Revised Code requires | 161 |
the member or candidate to file. | 162 |
(C) No member of the general assembly or candidate for the | 163 |
office of member of the general assembly shall knowingly file a | 164 |
false statement that section 101.802 of the Revised Code requires | 165 |
the member or candidate to file. | 166 |
Sec. 101.802. (A) Each member of the general assembly and | 167 |
each candidate for the office of member of the general assembly | 168 |
shall file by electronic means of transmission with the office of | 169 |
the joint legislative ethics committee, not later than the last | 170 |
day of January, May, and September of each year, a statement of | 171 |
contributions solicited. The statement shall include, for each | 172 |
contribution that was made to a person as a result of a | 173 |
solicitation by the member or candidate, all of the following: | 174 |
(1) The name and address of the contributor; | 175 |
(2) The name, address, and employer of the person who | 176 |
received the contribution; | 177 |
(3) The approximate date the contribution was made; | 178 |
(4) The dollar amount or fair market value of the | 179 |
contribution. If it is impractical or impossible to determine the | 180 |
exact dollar amount or fair market value of the contribution, | 181 |
reporting of good faith estimates, based on reasonable accounting | 182 |
procedures, constitutes compliance with this requirement. | 183 |
(B) Each statement shall cover contributions solicited during | 184 |
the four-calendar-month period that ended on the last day of the | 185 |
month immediately preceding the month in which the statement is | 186 |
required to be filed. | 187 |
(C) Members of the general assembly and candidates for the | 188 |
office of member of the general assembly shall maintain records | 189 |
for all contributions solicited that they are required to report | 190 |
under this section. These records shall be maintained for a period | 191 |
ending on the thirty-first day of December of the second calendar | 192 |
year after the year in which a contribution was made. | 193 |
(D) If a statement required to be filed under this section is | 194 |
not filed by the date on which it is required to be filed, the | 195 |
joint committee shall assess a late filing fee equal to twelve | 196 |
dollars and fifty cents per day, up to a maximum of one hundred | 197 |
dollars, upon the member of the general assembly or candidate for | 198 |
the office of member of the general assembly. The joint committee | 199 |
may waive the late filing fee for good cause shown. | 200 |
(E) The joint committee shall deposit all money collected | 201 |
from late filing fees under division (D) of this section into the | 202 |
joint legislative ethics committee fund created under section | 203 |
101.34 of the Revised Code. Money collected from those fees shall | 204 |
be used by the joint committee for the purpose of employing | 205 |
additional special investigators. | 206 |
Sec. 101.803. (A) The joint legislative ethics committee | 207 |
shall keep on file the statements required by section 101.802 of | 208 |
the Revised Code. Those statements are public records open to | 209 |
public inspection and copying under section 149.43 of the Revised | 210 |
Code. | 211 |
(B) The joint committee shall provide the information | 212 |
contained in each statement to the secretary of state. The | 213 |
secretary of state shall make this information readily accessible | 214 |
to the general public in a manner that is searchable on the | 215 |
secretary of state's web site. | 216 |
(C) The joint committee shall prescribe and make available an | 217 |
appropriate process for the filing of the statements by electronic | 218 |
means of transmission. The electronic form shall contain the | 219 |
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES | 220 |
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 | 221 |
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE." | 222 |
(D) The joint committee may adopt rules as necessary to | 223 |
implement sections 101.80 to 101.804 of the Revised Code. Any | 224 |
rules it adopts shall be adopted in accordance with section 111.15 | 225 |
of the Revised Code. | 226 |
(E) The joint committee shall publish a handbook that | 227 |
explains in clear and concise language sections 101.80 to 101.804 | 228 |
of the Revised Code and make it available free of charge to | 229 |
members of the general assembly, candidates for the office of | 230 |
member of the general assembly, and other interested persons. | 231 |
Sec. 101.804. The attorney general and any assistant or | 232 |
special counsel designated by the attorney general may investigate | 233 |
compliance with sections 101.80 to 101.803 of the Revised Code in | 234 |
connection with statements required to be filed under those | 235 |
sections and, in the event of an apparent violation, shall report | 236 |
the findings of any such investigation to the prosecuting attorney | 237 |
of Franklin county, who shall institute appropriate proceedings. | 238 |
Sec. 101.99. (A) Whoever violates division (A), (B), or (C) | 239 |
of section
101.71 or of section 101.91, | 240 |
division (A) or (B) of section 101.801, or section 101.97 of the | 241 |
Revised Code is guilty of a misdemeanor of the fourth degree. | 242 |
(B) Whoever violates division (D) of section 101.71 or of | 243 |
section 101.91 or division (C) of section 101.801 of the Revised | 244 |
Code is guilty of a misdemeanor of the first degree. | 245 |
Sec. 102.03. (A)(1) No present or former public official or | 246 |
employee shall, during public employment or service or for twelve | 247 |
months thereafter, represent a client or act in a representative | 248 |
capacity for any person on any matter in which the public official | 249 |
or employee personally participated as a public official or | 250 |
employee through decision, approval, disapproval, recommendation, | 251 |
the rendering of advice, investigation, or other substantial | 252 |
exercise of administrative discretion. | 253 |
(2) For twenty-four months after the conclusion of service, | 254 |
no former commissioner or attorney examiner of the public | 255 |
utilities commission shall represent a public utility, as defined | 256 |
in section 4905.02 of the Revised Code, or act in a representative | 257 |
capacity on behalf of such a utility before any state board, | 258 |
commission, or agency. | 259 |
(3) For twenty-four months after the conclusion of employment | 260 |
or service, no former public official or employee who personally | 261 |
participated as a public official or employee through decision, | 262 |
approval, disapproval, recommendation, the rendering of advice, | 263 |
the development or adoption of solid waste management plans, | 264 |
investigation, inspection, or other substantial exercise of | 265 |
administrative discretion under Chapter 343. or 3734. of the | 266 |
Revised Code shall represent a person who is the owner or operator | 267 |
of a facility, as defined in section 3734.01 of the Revised Code, | 268 |
or who is an applicant for a permit or license for a facility | 269 |
under that chapter, on any matter in which the public official or | 270 |
employee personally participated as a public official or employee. | 271 |
(4) For a period of one year after the conclusion of | 272 |
employment or service as a member or employee of the general | 273 |
assembly, no former member or employee of the general assembly | 274 |
shall represent, or act in a representative capacity for, any | 275 |
person on any matter before the general assembly, any committee of | 276 |
the general assembly, or the controlling board. Division (A)(4) of | 277 |
this section does not apply to or affect a person who separates | 278 |
from service with the general assembly on or before December 31, | 279 |
1995. As used in division (A)(4) of this section, "person" does | 280 |
not include any state agency or political subdivision of the | 281 |
state. | 282 |
(5) As used in divisions (A)(1), (2), and (3) of this | 283 |
section, "matter" includes any case, proceeding, application, | 284 |
determination, issue, or question, but does not include the | 285 |
proposal, consideration, or enactment of statutes, rules, | 286 |
ordinances, resolutions, or charter or constitutional amendments. | 287 |
As used in division (A)(4) of this section, "matter" includes the | 288 |
proposal, consideration, or enactment of statutes, resolutions, or | 289 |
constitutional amendments. As used in division (A) of this | 290 |
section, "represent" includes any formal or informal appearance | 291 |
before, or any written or oral communication with, any public | 292 |
agency on behalf of any person. | 293 |
(6) Nothing contained in division (A) of this section shall | 294 |
prohibit, during such period, a former public official or employee | 295 |
from being retained or employed to represent, assist, or act in a | 296 |
representative capacity for the public agency by which the public | 297 |
official or employee was employed or on which the public official | 298 |
or employee served. | 299 |
(7) Division (A) of this section shall not be construed to | 300 |
prohibit the performance of ministerial functions, including, but | 301 |
not limited to, the filing or amendment of tax returns, | 302 |
applications for permits and licenses, incorporation papers, and | 303 |
other similar documents. | 304 |
(B) No present or former public official or employee shall | 305 |
disclose or use, without appropriate authorization, any | 306 |
information acquired by the public official or employee in the | 307 |
course of the public official's or employee's official duties that | 308 |
is confidential because of statutory provisions, or that has been | 309 |
clearly designated to the public official or employee as | 310 |
confidential when that confidential designation is warranted | 311 |
because of the status of the proceedings or the circumstances | 312 |
under which the information was received and preserving its | 313 |
confidentiality is necessary to the proper conduct of government | 314 |
business. | 315 |
(C) No public official or employee shall participate within | 316 |
the scope of duties as a public official or employee, except | 317 |
through ministerial functions as defined in division (A) of this | 318 |
section, in any license or rate-making proceeding that directly | 319 |
affects the license or rates of any person, partnership, trust, | 320 |
business trust, corporation, or association in which the public | 321 |
official or employee or immediate family owns or controls more | 322 |
than five per cent. No public official or employee shall | 323 |
participate within the scope of duties as a public official or | 324 |
employee, except through ministerial functions as defined in | 325 |
division (A) of this section, in any license or rate-making | 326 |
proceeding that directly affects the license or rates of any | 327 |
person to whom the public official or employee or immediate | 328 |
family, or a partnership, trust, business trust, corporation, or | 329 |
association of which the public official or employee or the public | 330 |
official's or employee's immediate family owns or controls more | 331 |
than five per cent, has sold goods or services totaling more than | 332 |
one thousand dollars during the preceding year, unless the public | 333 |
official or employee has filed a written statement acknowledging | 334 |
that sale with the clerk or secretary of the public agency and the | 335 |
statement is entered in any public record of the agency's | 336 |
proceedings. This division shall not be construed to require the | 337 |
disclosure of clients of attorneys or persons licensed under | 338 |
section 4732.12 or 4732.15 of the Revised Code, or patients of | 339 |
persons certified under section 4731.14 of the Revised Code. | 340 |
(D) No public official or employee shall use or authorize the | 341 |
use of the authority or influence of office or employment to | 342 |
secure anything of value or the promise or offer of anything of | 343 |
value that is of such a character as to manifest a substantial and | 344 |
improper influence upon the public official or employee with | 345 |
respect to that person's duties. | 346 |
(E) No public official or employee shall solicit or accept | 347 |
anything of value that is of such a character as to manifest a | 348 |
substantial and improper influence upon the public official or | 349 |
employee with respect to that person's duties. | 350 |
(F) No person shall promise or give to a public official or | 351 |
employee anything of value that is of such a character as to | 352 |
manifest a substantial and improper influence upon the public | 353 |
official or employee with respect to that person's duties. | 354 |
(G) In the absence of bribery or another offense under the | 355 |
Revised Code or a purpose to defraud, contributions made to a | 356 |
campaign
committee, political party, | 357 |
political action committee, | 358 |
entity engaging in electioneering on behalf of an elected public | 359 |
officer or other public official or employee who seeks elective | 360 |
office shall be considered to accrue ordinarily to the public | 361 |
official or employee for the purposes of divisions (D), (E), and | 362 |
(F) of this section. | 363 |
As used in this division, "contributions," "campaign | 364 |
committee," "political party," | 365 |
"political action committee," | 366 |
and "entity engaging in electioneering" have the same meanings as | 367 |
in section 3517.01 of the Revised Code. | 368 |
(H)(1) No public official or employee, except for the | 369 |
president or other chief administrative officer of or a member of | 370 |
a board of trustees of a state institution of higher education as | 371 |
defined in section 3345.011 of the Revised Code, who is required | 372 |
to file a financial disclosure statement under section 102.02 of | 373 |
the Revised Code shall solicit or accept, and no person shall give | 374 |
to that public official or employee, an honorarium. Except as | 375 |
provided in division (H)(2) of this section, this division and | 376 |
divisions (D), (E), and (F) of this section do not prohibit a | 377 |
public official or employee who is required to file a financial | 378 |
disclosure statement under section 102.02 of the Revised Code from | 379 |
accepting and do not prohibit a person from giving to that public | 380 |
official or employee the payment of actual travel expenses, | 381 |
including any expenses incurred in connection with the travel for | 382 |
lodging, and meals, food, and beverages provided to the public | 383 |
official or employee at a meeting at which the public official or | 384 |
employee participates in a panel, seminar, or speaking engagement | 385 |
or provided to the public official or employee at a meeting or | 386 |
convention of a national organization to which any state agency, | 387 |
including, but not limited to, any state legislative agency or | 388 |
state institution of higher education as defined in section | 389 |
3345.011 of the Revised Code, pays membership dues. Except as | 390 |
provided in division (H)(2) of this section, this division and | 391 |
divisions (D), (E), and (F) of this section do not prohibit a | 392 |
public official or employee who is not required to file a | 393 |
financial disclosure statement under section 102.02 of the Revised | 394 |
Code from accepting and do not prohibit a person from promising or | 395 |
giving to that public official or employee an honorarium or the | 396 |
payment of travel, meal, and lodging expenses if the honorarium, | 397 |
expenses, or both were paid in recognition of demonstrable | 398 |
business, professional, or esthetic interests of the public | 399 |
official or employee that exist apart from public office or | 400 |
employment, including, but not limited to, such a demonstrable | 401 |
interest in public speaking and were not paid by any person or | 402 |
other entity, or by any representative or association of those | 403 |
persons or entities, that is regulated by, doing business with, or | 404 |
seeking to do business with the department, division, institution, | 405 |
board, commission, authority, bureau, or other instrumentality of | 406 |
the governmental entity with which the public official or employee | 407 |
serves. | 408 |
(2) No person who is a member of the board of a state | 409 |
retirement system, a state retirement system investment officer, | 410 |
or an employee of a state retirement system whose position | 411 |
involves substantial and material exercise of discretion in the | 412 |
investment of retirement system funds shall solicit or accept, and | 413 |
no person shall give to that board member, officer, or employee, | 414 |
payment of actual travel expenses, including expenses incurred | 415 |
with the travel for lodging, meals, food, and beverages. | 416 |
(I) A public official or employee may accept travel, meals, | 417 |
and lodging or expenses or reimbursement of expenses for travel, | 418 |
meals, and lodging in connection with conferences, seminars, and | 419 |
similar events related to official duties if the travel, meals, | 420 |
and lodging, expenses, or reimbursement is not of such a character | 421 |
as to manifest a substantial and improper influence upon the | 422 |
public official or employee with respect to that person's duties. | 423 |
The house of representatives and senate, in their code of ethics, | 424 |
and the Ohio ethics commission, under section 111.15 of the | 425 |
Revised Code, may adopt rules setting standards and conditions for | 426 |
the furnishing and acceptance of such travel, meals, and lodging, | 427 |
expenses, or reimbursement. | 428 |
A person who acts in compliance with this division and any | 429 |
applicable rules adopted under it, or any applicable, similar | 430 |
rules adopted by the supreme court governing judicial officers and | 431 |
employees, does not violate division (D), (E), or (F) of this | 432 |
section. This division does not preclude any person from seeking | 433 |
an advisory opinion from the appropriate ethics commission under | 434 |
section 102.08 of the Revised Code. | 435 |
(J) For purposes of divisions (D), (E), and (F) of this | 436 |
section, the membership of a public official or employee in an | 437 |
organization shall not be considered, in and of itself, to be of | 438 |
such a character as to manifest a substantial and improper | 439 |
influence on the public official or employee with respect to that | 440 |
person's duties. As used in this division, "organization" means a | 441 |
church or a religious, benevolent, fraternal, or professional | 442 |
organization that is tax exempt under subsection 501(a) and | 443 |
described in subsection 501(c)(3), (4), (8), (10), or (19) of the | 444 |
"Internal Revenue Code of 1986." This division does not apply to a | 445 |
public official or employee who is an employee of an organization, | 446 |
serves as a trustee, director, or officer of an organization, or | 447 |
otherwise holds a fiduciary relationship with an organization. | 448 |
This division does not allow a public official or employee who is | 449 |
a member of an organization to participate, formally or | 450 |
informally, in deliberations, discussions, or voting on a matter | 451 |
or to use
| 452 |
position with regard to the interests of the organization on the | 453 |
matter if the public official or employee has assumed a particular | 454 |
responsibility in the organization with respect to the matter or | 455 |
if the matter would affect that person's personal, pecuniary | 456 |
interests. | 457 |
(K) It is not a violation of this section for a prosecuting | 458 |
attorney to appoint assistants and employees in accordance with | 459 |
division (B) of section 309.06 and section 2921.421 of the Revised | 460 |
Code, for a chief legal officer of a municipal corporation or an | 461 |
official designated as prosecutor in a municipal corporation to | 462 |
appoint assistants and employees in accordance with sections | 463 |
733.621 and 2921.421 of the Revised Code, for a township law | 464 |
director appointed under section 504.15 of the Revised Code to | 465 |
appoint assistants and employees in accordance with sections | 466 |
504.151 and 2921.421 of the Revised Code, or for a coroner to | 467 |
appoint assistants and employees in accordance with division (B) | 468 |
of section 313.05 of the Revised Code. | 469 |
As used in this division, "chief legal officer" has the same | 470 |
meaning as in section 733.621 of the Revised Code. | 471 |
Sec. 121.80. As used in sections 121.80 to 121.84 of the | 472 |
Revised Code: | 473 |
(A) "Contribution" means money, property, financial | 474 |
assistance, or any other thing of value given to a person for a | 475 |
social, recreational, benevolent, charitable, fraternal, | 476 |
political, patriotic, athletic, or other purpose. | 477 |
(B) "Person" hasthe same meaning as in section 101.70 of the | 478 |
Revised Code. | 479 |
(C) "Statewide candidate" means the joint candidates for the | 480 |
offices of governor and lieutenant governor or a candidate for the | 481 |
office of secretary of state, auditor of state, treasurer of | 482 |
state, or attorney general. | 483 |
(D) "Statewide officeholder" means the governor, lieutenant | 484 |
governor, secretary of state, auditor of state, treasurer of | 485 |
state, or attorney general. | 486 |
Sec. 121.81. (A) No statewide officeholder or statewide | 487 |
candidate shall knowingly fail to maintain a record that section | 488 |
121.82 of the Revised Code requires the officeholder or candidate | 489 |
to maintain. | 490 |
(B) No statewide officeholder or statewide candidate shall | 491 |
knowingly fail to file a statement that section 121.82 of the | 492 |
Revised Code requires the officeholder or candidate to file. | 493 |
(C) No statewide officeholder or statewide candidate shall | 494 |
knowingly file a false statement that section 121.82 of the | 495 |
Revised Code requires the officeholder or candidate to file. | 496 |
Sec. 121.82. (A) Each statewide officeholder and each | 497 |
statewide candidate shall file by electronic means of transmission | 498 |
with the office of the joint legislative ethics committee, not | 499 |
later than the last day of January, May, and September of each | 500 |
year, a statement of contributions solicited. The statement shall | 501 |
include, for each contribution that was made to a person as a | 502 |
result of a solicitation by the statewide officeholder or | 503 |
statewide candidate, all of the following: | 504 |
(1) The name and address of the contributor; | 505 |
(2) The name, address, and employer of the person who | 506 |
received the contribution; | 507 |
(3) The approximate date the contribution was made; | 508 |
(4) The dollar amount or fair market value of the | 509 |
contribution. If it is impractical or impossible to determine the | 510 |
exact dollar amount or fair market value of the contribution, | 511 |
reporting of good faith estimates, based on reasonable accounting | 512 |
procedures, constitutes compliance with this requirement. | 513 |
(B) Each statement shall cover contributions solicited during | 514 |
the four-calendar-month period that ended on the last day of the | 515 |
month immediately preceding the month in which the statement is | 516 |
required to be filed. | 517 |
(C) Statewide officeholders and statewide candidates shall | 518 |
maintain records for all contributions solicited that they are | 519 |
required to report under this section. These records shall be | 520 |
maintained for a period ending on the thirty-first day of December | 521 |
of the second calendar year after the year in which a contribution | 522 |
was made. | 523 |
(D) If a statement required to be filed under this section is | 524 |
not filed by the date on which it is required to be filed, the | 525 |
joint committee shall assess a late filing fee equal to twelve | 526 |
dollars and fifty cents per day, up to a maximum of one hundred | 527 |
dollars, upon the statewide officeholder or statewide candidate. | 528 |
The joint committee may waive the late filing fee for good cause | 529 |
shown. | 530 |
(E) The joint committee shall deposit all money collected | 531 |
from late filing fees under division (D) of this section into the | 532 |
joint legislative ethics committee fund created under section | 533 |
101.34 of the Revised Code. Money collected from those fees shall | 534 |
be used by the joint committee for the purpose of employing | 535 |
additional special investigators. | 536 |
Sec. 121.83. (A) The joint legislative ethics committee | 537 |
shall keep on file the statements required by section 121.82 of | 538 |
the Revised Code. Those statements are public records open to | 539 |
public inspection and copying under section 149.43 of the Revised | 540 |
Code. | 541 |
(B) The joint committee shall provide the information | 542 |
contained in each statement to the secretary of state. The | 543 |
secretary of state shall make this information readily accessible | 544 |
to the general public in a manner that is searchable on the | 545 |
secretary of state's web site. | 546 |
(C) The joint committee shall prescribe and make available an | 547 |
appropriate process for the filing of the statements by electronic | 548 |
means of transmission. The electronic form shall contain the | 549 |
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES | 550 |
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 | 551 |
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE." | 552 |
(D) The joint committee may adopt rules as necessary to | 553 |
implement sections 121.80 to 121.84 of the Revised Code. Any rules | 554 |
it adopts shall be adopted in accordance with section 111.15 of | 555 |
the Revised Code. | 556 |
(E) The joint committee shall publish a handbook that | 557 |
explains in clear and concise language sections 121.80 to 121.84 | 558 |
of the Revised Code and make it available free of charge to | 559 |
statewide officeholders, statewide candidates, and other | 560 |
interested persons. | 561 |
Sec. 121.84. The attorney general and any assistant or | 562 |
special counsel designated by the attorney general may investigate | 563 |
compliance with sections 121.80 to 121.83 of the Revised Code in | 564 |
connection with statements required to be filed under those | 565 |
sections and, in the event of an apparent violation, shall report | 566 |
the findings of any such investigation to the prosecuting attorney | 567 |
of Franklin county, who shall institute appropriate proceedings. | 568 |
Sec. 121.99. (A) Whoever violates division (A), (B), or (C) | 569 |
of section
121.61 | 570 |
section 121.81 of the Revised Code is guilty of a misdemeanor of | 571 |
the fourth degree. | 572 |
(B) Whoever violates division (D) of section 121.61 or | 573 |
division (C) of section 121.81 of the Revised Code is guilty of a | 574 |
misdemeanor of the first degree. | 575 |
Sec. 127.13. (A) The director of budget and management or | 576 |
the director's designee shall be president of the controlling | 577 |
board. The president shall prepare the proposed agenda for the | 578 |
meetings of the board and shall provide, at least seven days prior | 579 |
to the meeting, copies of the proposed agenda and supporting | 580 |
documentation to the members of the board and to | 581 |
582 |
The director shall designate an employee of the office of | 583 |
budget and management to serve as secretary of the controlling | 584 |
board. The secretary shall assist the president of the board and | 585 |
shall make and keep a record of each request received by the board | 586 |
and of its action | 587 |
certify a copy of the record of each action to each member of the | 588 |
board and to the director. | 589 |
| 590 |
controlling board may adopt procedural rules for the conduct of | 591 |
the business of the board, may approve, disapprove, modify as to | 592 |
specific dollar amounts, or defer requests, and may require that a | 593 |
request from the senate, the house of representatives, the supreme | 594 |
court, or an elected member of the executive department as defined | 595 |
in Section 1 of Article III, Ohio Constitution, not currently | 596 |
before the controlling board be added to the agenda for a | 597 |
specified future meeting of the board, provided that such request | 598 |
has been previously submitted to the president for inclusion in | 599 |
the agenda for a board meeting. The controlling board also may | 600 |
adopt rules authorizing the president to act on its behalf in | 601 |
exigent circumstances affecting the public health, safety, or | 602 |
welfare. | 603 |
(C) The affirmative vote of no fewer than four members of the | 604 |
controlling board shall be required for any action of the board. | 605 |
The board shall meet at least once a month. | 606 |
(D) In addition to any procedural rules for requests that are | 607 |
adopted by the controlling board under division (B) of this | 608 |
section, any request made to the controlling board that involves | 609 |
the approval of a contract with any business that employs | 610 |
legislative agents or executive agency lobbyists shall include | 611 |
copies of the registration statements that the business and that | 612 |
the legislative agents or executive agency lobbyists employed by | 613 |
that business are required to file with the joint legislative | 614 |
ethics committee under section 101.72 or 121.62 of the Revised | 615 |
Code. | 616 |
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the | 617 |
Revised Code: | 618 |
(A) "Public official" means any elected or appointed officer, | 619 |
or employee, or agent of the state or any political subdivision, | 620 |
whether in a temporary or permanent capacity, and includes, but is | 621 |
not limited to, legislators, judges, and law enforcement officers. | 622 |
(B) "Public servant" means any of the following: | 623 |
(1) Any public official; | 624 |
(2) Any person performing ad hoc a governmental function, | 625 |
including, but not limited to, a juror, member of a temporary | 626 |
commission, master, arbitrator, advisor, or consultant; | 627 |
(3) A person who is a candidate for public office, whether or | 628 |
not the person is elected or appointed to the office for which the | 629 |
person is a candidate. A person is a candidate for purposes of | 630 |
this division if the person has been nominated according to law | 631 |
for election or appointment to public office, or if the person has | 632 |
filed a petition or petitions as required by law to have the | 633 |
person's name placed on the ballot in a primary, general, or | 634 |
special election, or if the person | 635 |
declaration of intent to be a write-in candidate in any primary, | 636 |
general, or special election. | 637 |
(C) "Party official" means any person who holds an elective | 638 |
or appointive post in a political party in the United States or | 639 |
this state, by virtue of which the person directs, conducts, or | 640 |
participates in directing or conducting party affairs at any level | 641 |
of responsibility. | 642 |
(D) "Official proceeding" means any proceeding before a | 643 |
legislative, judicial, administrative, or other governmental | 644 |
agency or official authorized to take evidence under oath, and | 645 |
includes any proceeding before a referee, hearing examiner, | 646 |
commissioner, notary, or other person taking testimony or a | 647 |
deposition in connection with an official proceeding. | 648 |
(E) "Detention" means arrest; confinement in any vehicle | 649 |
subsequent to an arrest; confinement in any public or private | 650 |
facility for custody of persons charged with or convicted of crime | 651 |
in this state or another state or under the laws of the United | 652 |
States or alleged or found to be a delinquent child or unruly | 653 |
child in this state or another state or under the laws of the | 654 |
United States; hospitalization, institutionalization, or | 655 |
confinement in any public or private facility that is ordered | 656 |
pursuant to or under the authority of section 2945.37, 2945.371, | 657 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 658 |
Code; confinement in any vehicle for transportation to or from any | 659 |
facility of any of those natures; detention for extradition or | 660 |
deportation; except as provided in this division, supervision by | 661 |
any employee of any facility of any of those natures that is | 662 |
incidental to hospitalization, institutionalization, or | 663 |
confinement in the facility but that occurs outside the facility; | 664 |
supervision by an employee of the department of rehabilitation and | 665 |
correction of a person on any type of release from a state | 666 |
correctional institution; or confinement in any vehicle, airplane, | 667 |
or place while being returned from outside of this state into this | 668 |
state by a private person or entity pursuant to a contract entered | 669 |
into under division (E) of section 311.29 of the Revised Code or | 670 |
division (B) of section 5149.03 of the Revised Code. For a person | 671 |
confined in a county jail who participates in a county jail | 672 |
industry program pursuant to section 5147.30 of the Revised Code, | 673 |
"detention" includes time spent at an assigned work site and going | 674 |
to and from the work site. | 675 |
(F) "Detention facility" means any public or private place | 676 |
used for the confinement of a person charged with or convicted of | 677 |
any crime in this state or another state or under the laws of the | 678 |
United States or alleged or found to be a delinquent child or | 679 |
unruly child in this state or another state or under the laws of | 680 |
the United States. | 681 |
(G) "Valuable thing or valuable benefit" includes, but is not | 682 |
limited to, a contribution. This inclusion does not indicate or | 683 |
imply that a contribution was not included in those terms before | 684 |
September 17, 1986. | 685 |
(H) "Campaign committee," "contribution," "political action | 686 |
committee," | 687 |
"political contributing entity," and "entity engaging in | 688 |
electioneering" have the same meanings as in section 3517.01 of | 689 |
the Revised Code. | 690 |
(I) "Provider agreement" and "medical assistance program" | 691 |
have the same meanings as in section 2913.40 of the Revised Code. | 692 |
Sec. 2921.43. (A) No public servant shall knowingly solicit | 693 |
or accept and no person shall knowingly promise or give to a | 694 |
public servant either of the following: | 695 |
(1) Any compensation, other than as allowed by divisions (G), | 696 |
(H), and (I) of section 102.03 of the Revised Code or other | 697 |
provisions of law, to perform the public servant's official | 698 |
duties, to perform any other act or service in the public | 699 |
servant's public capacity, for the general performance of the | 700 |
duties of the public servant's public office or public employment, | 701 |
or as a supplement to the public servant's public compensation; | 702 |
(2) Additional or greater fees or costs than are allowed by | 703 |
law to perform the public servant's official duties. | 704 |
(B) No public servant for the public servant's own personal | 705 |
or business use, and no person for the person's own personal or | 706 |
business use or for the personal or business use of a public | 707 |
servant or party official, shall solicit or accept anything of | 708 |
value in consideration of either of the following: | 709 |
(1) Appointing or securing, maintaining, or renewing the | 710 |
appointment of any person to any public office, employment, or | 711 |
agency; | 712 |
(2) Preferring, or maintaining the status of, any public | 713 |
employee with respect to compensation, duties, placement, | 714 |
location, promotion, or other material aspects of employment. | 715 |
(C) No person for the benefit of a political party, campaign | 716 |
committee, | 717 |
718 | |
electioneering shall coerce any contribution in consideration of | 719 |
either of the following: | 720 |
(1) Appointing or securing, maintaining, or renewing the | 721 |
appointment of any person to any public office, employment, or | 722 |
agency; | 723 |
(2) Preferring, or maintaining the status of, any public | 724 |
employee with respect to compensation, duties, placement, | 725 |
location, promotion, or other material aspects of employment. | 726 |
(D) Whoever violates this section is guilty of soliciting | 727 |
improper compensation, a misdemeanor of the first degree. | 728 |
(E) A public servant who is convicted of a violation of this | 729 |
section is disqualified from holding any public office, | 730 |
employment, or position of trust in this state for a period of | 731 |
seven years from the date of conviction. | 732 |
(F) Divisions (A), (B), and (C) of this section do not | 733 |
prohibit a person from making voluntary contributions to a | 734 |
political party, campaign committee, | 735 |
political
action
committee, | 736 |
entity engaging in electioneering or prohibit a political party, | 737 |
campaign committee,
| 738 |
committee, | 739 |
electioneering from accepting voluntary contributions. | 740 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 741 |
Revised Code: | 742 |
(A) "Beneficial interest" means any of the following: | 743 |
(1) The interest of a person as a beneficiary under a trust | 744 |
in which the trustee holds title to personal or real property; | 745 |
(2) The interest of a person as a beneficiary under any other | 746 |
trust arrangement under which any other person holds title to | 747 |
personal or real property for the benefit of such person; | 748 |
(3) The interest of a person under any other form of express | 749 |
fiduciary arrangement under which any other person holds title to | 750 |
personal or real property for the benefit of such person. | 751 |
"Beneficial interest" does not include the interest of a | 752 |
stockholder in a corporation or the interest of a partner in | 753 |
either a general or limited partnership. | 754 |
(B) "Costs of investigation and prosecution" and "costs of | 755 |
investigation and litigation" mean all of the costs incurred by | 756 |
the state or a county or municipal corporation under sections | 757 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 758 |
investigation of any criminal action or in the litigation and | 759 |
investigation of any civil action, and includes, but is not | 760 |
limited to, the costs of resources and personnel. | 761 |
(C) "Enterprise" includes any individual, sole | 762 |
proprietorship, partnership, limited partnership, corporation, | 763 |
trust, union, government agency, or other legal entity, or any | 764 |
organization, association, or group of persons associated in fact | 765 |
although not a legal entity. "Enterprise" includes illicit as well | 766 |
as licit enterprises. | 767 |
(D) "Innocent person" includes any bona fide purchaser of | 768 |
property that is allegedly involved in a violation of section | 769 |
2923.32 of the Revised Code, including any person who establishes | 770 |
a valid claim to or interest in the property in accordance with | 771 |
division (E) of section 2923.32 of the Revised Code, and any | 772 |
victim of an alleged violation of that section or of any | 773 |
underlying offense involved in an alleged violation of that | 774 |
section. | 775 |
(E) "Pattern of corrupt activity" means two or more incidents | 776 |
of corrupt activity, whether or not there has been a prior | 777 |
conviction, that are related to the affairs of the same | 778 |
enterprise, are not isolated, and are not so closely related to | 779 |
each other and connected in time and place that they constitute a | 780 |
single event. | 781 |
At least one of the incidents forming the pattern shall occur | 782 |
on or after January 1, 1986. Unless any incident was an aggravated | 783 |
murder or murder, the last of the incidents forming the pattern | 784 |
shall occur within six years after the commission of any prior | 785 |
incident forming the pattern, excluding any period of imprisonment | 786 |
served by any person engaging in the corrupt activity. | 787 |
For the purposes of the criminal penalties that may be | 788 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 789 |
one of the incidents forming the pattern shall constitute a felony | 790 |
under the laws of this state in existence at the time it was | 791 |
committed or, if committed in violation of the laws of the United | 792 |
States or of any other state, shall constitute a felony under the | 793 |
law of the United States or the other state and would be a | 794 |
criminal offense under the law of this state if committed in this | 795 |
state. | 796 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 797 |
commercial interest, or anything of value, as defined in section | 798 |
1.03 of the Revised Code, or any other property or service that | 799 |
has a value in excess of one hundred dollars. | 800 |
(G) "Person" means any person, as defined in section 1.59 of | 801 |
the Revised Code, and any governmental officer, employee, or | 802 |
entity. | 803 |
(H) "Personal property" means any personal property, any | 804 |
interest in personal property, or any right, including, but not | 805 |
limited to, bank accounts, debts, corporate stocks, patents, or | 806 |
copyrights. Personal property and any beneficial interest in | 807 |
personal property are deemed to be located where the trustee of | 808 |
the property, the personal property, or the instrument evidencing | 809 |
the right is located. | 810 |
(I) "Corrupt activity" means engaging in, attempting to | 811 |
engage in, conspiring to engage in, or soliciting, coercing, or | 812 |
intimidating another person to engage in any of the following: | 813 |
(1) Conduct defined as "racketeering activity" under the | 814 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 815 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 816 |
(2) Conduct constituting any of the following: | 817 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 818 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 819 |
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 820 |
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, | 821 |
2911.13, 2911.31, 2913.05, 2913.06, 2921.02, 2921.03, 2921.04, | 822 |
2921.11, 2921.12, 2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or | 823 |
2923.17; division (F)(1)(a), (b), or (c) of section 1315.53; | 824 |
division (A)(1) or (2) of section 1707.042; division (B), (C)(4), | 825 |
(D), (E), or (F) of section 1707.44; division (A)(1) or (2) of | 826 |
section 2923.20; division (BB)(1) or (2) of section 3517.13; | 827 |
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or | 828 |
4719.06; division (C), (D), or (E) of section 4719.07; section | 829 |
4719.08; or division (A) of section 4719.09 of the Revised Code. | 830 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 831 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 832 |
any violation of section 2915.02 of the Revised Code that occurs | 833 |
on or after July 1, 1996, and that, had it occurred prior to that | 834 |
date, would have been a violation of section 3769.11 of the | 835 |
Revised Code as it existed prior to that date, or any violation of | 836 |
section 2915.05 of the Revised Code that occurs on or after July | 837 |
1, 1996, and that, had it occurred prior to that date, would have | 838 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 839 |
Revised Code as it existed prior to that date. | 840 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 841 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 842 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 843 |
of the Revised Code, any violation of section 2925.11 of the | 844 |
Revised Code that is a felony of the first, second, third, or | 845 |
fourth degree and that occurs on or after July 1, 1996, any | 846 |
violation of section 2915.02 of the Revised Code that occurred | 847 |
prior to July 1, 1996, any violation of section 2915.02 of the | 848 |
Revised Code that occurs on or after July 1, 1996, and that, had | 849 |
it occurred prior to that date, would not have been a violation of | 850 |
section 3769.11 of the Revised Code as it existed prior to that | 851 |
date, any violation of section 2915.06 of the Revised Code as it | 852 |
existed prior to July 1, 1996, or any violation of division (B) of | 853 |
section 2915.05 of the Revised Code as it exists on and after July | 854 |
1, 1996, when the proceeds of the violation, the payments made in | 855 |
the violation, the amount of a claim for payment or for any other | 856 |
benefit that is false or deceptive and that is involved in the | 857 |
violation, or the value of the contraband or other property | 858 |
illegally possessed, sold, or purchased in the violation exceeds | 859 |
five hundred dollars, or any combination of violations described | 860 |
in division (I)(2)(c) of this section when the total proceeds of | 861 |
the combination of violations, payments made in the combination of | 862 |
violations, amount of the claims for payment or for other benefits | 863 |
that is false or deceptive and that is involved in the combination | 864 |
of violations, or value of the contraband or other property | 865 |
illegally possessed, sold, or purchased in the combination of | 866 |
violations exceeds five hundred dollars; | 867 |
(d) Any violation of section 5743.112 of the Revised Code | 868 |
when the amount of unpaid tax exceeds one hundred dollars; | 869 |
(e) Any violation or combination of violations of section | 870 |
2907.32 of the Revised Code involving any material or performance | 871 |
containing a display of bestiality or of sexual conduct, as | 872 |
defined in section 2907.01 of the Revised Code, that is explicit | 873 |
and depicted with clearly visible penetration of the genitals or | 874 |
clearly visible penetration by the penis of any orifice when the | 875 |
total proceeds of the violation or combination of violations, the | 876 |
payments made in the violation or combination of violations, or | 877 |
the value of the contraband or other property illegally possessed, | 878 |
sold, or purchased in the violation or combination of violations | 879 |
exceeds five hundred dollars; | 880 |
(f) Any combination of violations described in division | 881 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 882 |
Revised Code involving any material or performance containing a | 883 |
display of bestiality or of sexual conduct, as defined in section | 884 |
2907.01 of the Revised Code, that is explicit and depicted with | 885 |
clearly visible penetration of the genitals or clearly visible | 886 |
penetration by the penis of any orifice when the total proceeds of | 887 |
the combination of violations, payments made in the combination of | 888 |
violations, amount of the claims for payment or for other benefits | 889 |
that is false or deceptive and that is involved in the combination | 890 |
of violations, or value of the contraband or other property | 891 |
illegally possessed, sold, or purchased in the combination of | 892 |
violations exceeds five hundred dollars. | 893 |
(3) Conduct constituting a violation of any law of any state | 894 |
other than this state that is substantially similar to the conduct | 895 |
described in division (I)(2) of this section, provided the | 896 |
defendant was convicted of the conduct in a criminal proceeding in | 897 |
the other state. | 898 |
(J) "Real property" means any real property or any interest | 899 |
in real property, including, but not limited to, any lease of, or | 900 |
mortgage upon, real property. Real property and any beneficial | 901 |
interest in it is deemed to be located where the real property is | 902 |
located. | 903 |
(K) "Trustee" means any of the following: | 904 |
(1) Any person acting as trustee under a trust in which the | 905 |
trustee holds title to personal or real property; | 906 |
(2) Any person who holds title to personal or real property | 907 |
for which any other person has a beneficial interest; | 908 |
(3) Any successor trustee. | 909 |
"Trustee" does not include an assignee or trustee for an | 910 |
insolvent debtor or an executor, administrator, administrator with | 911 |
the will annexed, testamentary trustee, guardian, or committee, | 912 |
appointed by, under the control of, or accountable to a court. | 913 |
(L) "Unlawful debt" means any money or other thing of value | 914 |
constituting principal or interest of a debt that is legally | 915 |
unenforceable in this state in whole or in part because the debt | 916 |
was incurred or contracted in violation of any federal or state | 917 |
law relating to the business of gambling activity or relating to | 918 |
the business of lending money at an usurious rate unless the | 919 |
creditor proves, by a preponderance of the evidence, that the | 920 |
usurious rate was not intentionally set and that it resulted from | 921 |
a good faith error by the creditor, notwithstanding the | 922 |
maintenance of procedures that were adopted by the creditor to | 923 |
avoid an error of that nature. | 924 |
Sec. 3501.05. The secretary of state shall do all of the | 925 |
following: | 926 |
(A) Appoint all members of boards of elections; | 927 |
(B) Issue instructions by directives and advisories to | 928 |
members of the boards as to the proper methods of conducting | 929 |
elections; | 930 |
(C) Prepare rules and instructions for the conduct of | 931 |
elections; | 932 |
(D) Publish and furnish to the boards from time to time a | 933 |
sufficient number of indexed copies of all election laws then in | 934 |
force; | 935 |
(E) Edit and issue all pamphlets concerning proposed laws or | 936 |
amendments required by law to be submitted to the voters; | 937 |
(F) Prescribe the form of registration cards, blanks, and | 938 |
records; | 939 |
(G) Determine and prescribe the forms of ballots and the | 940 |
forms of all blanks, cards of instructions, pollbooks, tally | 941 |
sheets, certificates of election, and forms and blanks required by | 942 |
law for use by candidates, committees, and boards; | 943 |
(H) Prepare the ballot title or statement to be placed on the | 944 |
ballot for any proposed law or amendment to the constitution to be | 945 |
submitted to the voters of the state; | 946 |
(I) Certify to the several boards the forms of ballots and | 947 |
names of candidates for state offices, and the form and wording of | 948 |
state referendum questions and issues, as they shall appear on the | 949 |
ballot; | 950 |
(J) Give final approval to ballot language for any local | 951 |
question or issue approved and transmitted by boards of elections | 952 |
under section 3501.11 of the Revised Code; | 953 |
(K) Receive all initiative and referendum petitions on state | 954 |
questions and issues and determine and certify to the sufficiency | 955 |
of those petitions; | 956 |
(L) Require such reports from the several boards as are | 957 |
provided by law, or as the secretary of state considers necessary; | 958 |
(M) Compel the observance by election officers in the several | 959 |
counties of the requirements of the election laws; | 960 |
(N)(1) Except as otherwise provided in division (N)(2) of | 961 |
this section, investigate the administration of election laws, | 962 |
frauds, and irregularities in elections in any county, and report | 963 |
violations of election laws to the attorney general or prosecuting | 964 |
attorney, or both, for prosecution; | 965 |
(2) On and after August 24, 1995, report a failure to comply | 966 |
with or a violation of a provision in sections 3517.08 to 3517.13, | 967 |
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the | 968 |
Revised Code, whenever the secretary of state has or should have | 969 |
knowledge of a failure to comply with or a violation of a | 970 |
provision in one of those sections, by filing a complaint with the | 971 |
Ohio elections commission under section 3517.153 of the Revised | 972 |
Code; | 973 |
(O) Make an annual report to the governor containing the | 974 |
results of elections, the cost of elections in the various | 975 |
counties, a tabulation of the votes in the several political | 976 |
subdivisions, and other information and recommendations relative | 977 |
to elections the secretary of state considers desirable; | 978 |
(P) Prescribe and distribute to boards of elections a list of | 979 |
instructions indicating all legal steps necessary to petition | 980 |
successfully for local option elections under sections 4301.32 to | 981 |
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code; | 982 |
(Q) Prescribe a general program to remove ineligible voters | 983 |
from official registration lists by reason of change of residence, | 984 |
which shall be uniform, nondiscriminatory, and in compliance with | 985 |
the Voting Rights Act of 1965 and the National Voter Registration | 986 |
Act of 1993, including a program that uses the national change of | 987 |
address service provided by the United States postal system | 988 |
through its licensees; | 989 |
(R) Prescribe a general program for registering voters or | 990 |
updating voter registration information, such as name and | 991 |
residence changes, at designated agencies, the offices of deputy | 992 |
registrars of motor vehicles, public high schools and vocational | 993 |
schools, public libraries, and the offices of county treasurers, | 994 |
and prescribe a program of distribution of voter registration | 995 |
forms through those agencies, the offices of the registrar and | 996 |
deputy registrars of motor vehicles, public high schools and | 997 |
vocational schools, public libraries, and the offices of county | 998 |
treasurers; | 999 |
(S) To the extent feasible, provide copies, at no cost and | 1000 |
upon request, of the voter registration form in post offices in | 1001 |
this state; | 1002 |
(T) Adopt rules pursuant to section 111.15 of the Revised | 1003 |
Code for the purpose of implementing the program for registering | 1004 |
voters at designated agencies and the offices of the registrar and | 1005 |
deputy registrars of motor vehicles consistent with this chapter; | 1006 |
(U) Specify, by a directive issued not later than thirty-five | 1007 |
days prior to the date of an election, the date by which the | 1008 |
boards shall complete the canvass of election returns under | 1009 |
section 3505.32 or 3513.22 of the Revised Code; | 1010 |
(V) Establish the full-time position of Americans with | 1011 |
Disabilities Act coordinator within the office of the secretary of | 1012 |
state to do all of the following: | 1013 |
(1) Assist the secretary of state with ensuring that there is | 1014 |
equal access to polling places for persons with disabilities; | 1015 |
(2) Assist the secretary of state with ensuring that each | 1016 |
voter may cast the voter's ballot in a manner that provides the | 1017 |
same opportunity for access and participation, including privacy | 1018 |
and independence, as for other voters; | 1019 |
(3) Advise the secretary of state in the development of | 1020 |
standards for the certification of voting machines, marking | 1021 |
devices, and automatic tabulating equipment. | 1022 |
(W) Make information received from the joint legislative | 1023 |
ethics committee under sections 101.803 and 121.83 of the Revised | 1024 |
Code readily accessible to the general public in a manner that is | 1025 |
searchable on the secretary of state's web site; | 1026 |
(X) Perform other duties required by law. | 1027 |
Whenever a primary election is held under section 3513.32 of | 1028 |
the Revised Code or a special election is held under section | 1029 |
3521.03 of the Revised Code to fill a vacancy in the office of | 1030 |
representative to congress, the secretary of state shall establish | 1031 |
a deadline, notwithstanding any other deadline required under the | 1032 |
Revised Code, by which any or all of the following shall occur: | 1033 |
the filing of a declaration of candidacy and petitions or a | 1034 |
statement of candidacy and nominating petition together with the | 1035 |
applicable filing fee; the filing of protests against the | 1036 |
candidacy of any person filing a declaration of candidacy or | 1037 |
nominating petition; the filing of a declaration of intent to be a | 1038 |
write-in candidate; the filing of campaign finance reports; the | 1039 |
preparation of, and the making of corrections or challenges to, | 1040 |
precinct voter registration lists; the receipt of applications for | 1041 |
absent voter's ballots or armed service absent voter's ballots; | 1042 |
the supplying of election materials to precincts by boards of | 1043 |
elections; the holding of hearings by boards of elections to | 1044 |
consider challenges to the right of a person to appear on a voter | 1045 |
registration list; and the scheduling of programs to instruct or | 1046 |
reinstruct election officers. | 1047 |
In the performance of the secretary of state's duties as the | 1048 |
chief election officer, the secretary of state may administer | 1049 |
oaths, issue subpoenas, summon witnesses, compel the production of | 1050 |
books, papers, records, and other evidence, and fix the time and | 1051 |
place for hearing any matters relating to the administration and | 1052 |
enforcement of the election laws. | 1053 |
In any controversy involving or arising out of the adoption | 1054 |
of registration or the appropriation of funds for registration, | 1055 |
the secretary of state may, through the attorney general, bring an | 1056 |
action in the name of the state in the court of common pleas of | 1057 |
the county where the cause of action arose or in an adjoining | 1058 |
county, to adjudicate the question. | 1059 |
In any action involving the laws in Title XXXV of the Revised | 1060 |
Code wherein the interpretation of those laws is in issue in such | 1061 |
a manner that the result of the action will affect the lawful | 1062 |
duties of the secretary of state or of any board of elections, the | 1063 |
secretary of state may, on the secretary of state's motion, be | 1064 |
made a party. | 1065 |
The secretary of state may apply to any court that is hearing | 1066 |
a case in which the secretary of state is a party, for a change of | 1067 |
venue as a substantive right, and the change of venue shall be | 1068 |
allowed, and the case removed to the court of common pleas of an | 1069 |
adjoining county named in the application or, if there are cases | 1070 |
pending in more than one jurisdiction that involve the same or | 1071 |
similar issues, the court of common pleas of Franklin county. | 1072 |
Public high schools and vocational schools, public libraries, | 1073 |
and the office of a county treasurer shall implement voter | 1074 |
registration programs as directed by the secretary of state | 1075 |
pursuant to this section. | 1076 |
Sec. 3513.10. (A) At the time of filing a declaration of | 1077 |
candidacy for nomination for any office, or a declaration of | 1078 |
intent to be a write-in candidate, each candidate, except joint | 1079 |
candidates for governor and lieutenant governor, shall pay a fee | 1080 |
as follows: | 1081 |
For statewide office | $100 | 1082 | |||
For court of appeals judge | $ 50 | 1083 | |||
For court of common pleas judge | $ 50 | 1084 | |||
For county court judge | $ 50 | 1085 | |||
For municipal court judge | $ 50 | 1086 | |||
For district office including member | 1087 | ||||
of the United States house of | 1088 | ||||
representatives and member of the | 1089 | ||||
general assembly | $ 50 | 1090 | |||
For county office | $ 50 | 1091 | |||
For city office | $ 20 | 1092 | |||
For village office | $ 10 | 1093 | |||
For township office | $ 10 | 1094 | |||
For member of state board of education | $ 20 | 1095 | |||
For member of local, city, or | 1096 | ||||
exempted village board of education | 1097 | ||||
or educational service center | 1098 | ||||
governing board | $ 10 | 1099 |
At the time of filing a declaration of candidacy or a | 1100 |
declaration of intent to be a write-in candidate for the offices | 1101 |
of governor and lieutenant governor, the joint candidates shall | 1102 |
jointly pay to the secretary of state a fee of one hundred | 1103 |
dollars. | 1104 |
(B)(1) At the same time the fee required under division (A) | 1105 |
of this section is paid, each candidate shall pay an additional | 1106 |
fee as follows: | 1107 |
For the joint candidates for governor | 1108 | ||||
and lieutenant governor | $ 50 | 1109 | |||
For statewide office | $ 50 | 1110 | |||
For district office including member | 1111 | ||||
of the United States house of | 1112 | ||||
representatives and member of the | 1113 | ||||
general assembly | $ 35 | 1114 | |||
For member of state board of education | $ 35 | 1115 | |||
For court of appeals judge | $ 30 | 1116 | |||
For court of common pleas judge | $ 30 | 1117 | |||
For county court judge | $ 30 | 1118 | |||
For municipal court judge | $ 30 | 1119 | |||
For county office | $ 30 | 1120 | |||
For city office | $ 25 | 1121 | |||
For village office | $ 20 | 1122 | |||
For township office | $ 20 | 1123 | |||
For member of local, city,
|
1124 | ||||
or exempted village board of education | 1125 | ||||
or educational service center | 1126 | ||||
governing board | $ 20 | 1127 |
(2) Whoever seeks to propose a ballot question or issue to be | 1128 |
submitted to the electors shall pay the following fee at the time | 1129 |
the petition proposing the question or issue is filed: | 1130 |
(a) If the question or issue is to be submitted to the | 1131 |
electors throughout the entire state, twenty-five dollars; | 1132 |
(b) If the question or issue is to be submitted to the | 1133 |
electors of a county or of a district that consists of all or part | 1134 |
of two or more counties but less than the entire state, fifteen | 1135 |
dollars; | 1136 |
(c) If the question or issue is to be submitted to the | 1137 |
electors of a city, twelve dollars and fifty cents; | 1138 |
(d) If the question or issue is to be submitted to the | 1139 |
electors of a village, a township, a local, city, county, or | 1140 |
exempted village school district, a precinct, or another district | 1141 |
consisting of less than an entire county, ten dollars. | 1142 |
(C) No fee shall be required of candidates filing for the | 1143 |
office of delegate or alternate to the national convention of | 1144 |
political parties, member of the state central committee, or | 1145 |
member of the county central committee. | 1146 |
(D) All fees required under division (A) of this section | 1147 |
immediately shall be paid by the officer receiving them into the | 1148 |
state treasury to the credit of the general revenue fund, in the | 1149 |
case of fees received by the secretary of state, and into the | 1150 |
county treasury to the credit of the county general fund, in the | 1151 |
case of fees received by a board of elections. | 1152 |
(E) The officer who receives a fee required under division | 1153 |
(B) of this section immediately shall pay the fee to the credit of | 1154 |
the
Ohio elections commission fund | 1155 |
1156 | |
1157 | |
1158 |
(F)(1) In no case shall a fee paid under this section be | 1159 |
returned to a candidate. | 1160 |
(2) Whenever a section of law refers to a filing fee to be | 1161 |
paid by a candidate or by a committee proposing a ballot question | 1162 |
or issue to be submitted to the electors, that fee includes the | 1163 |
fees required under divisions (A) and (B) of this section. | 1164 |
(G) As used in divisions (A) and (B) of this section, | 1165 |
"statewide office" means the office of secretary of state, auditor | 1166 |
of state, treasurer of state, attorney general, justice and chief | 1167 |
justice of the supreme court, and member of the United States | 1168 |
senate. | 1169 |
Sec. 3517.01. (A) A political party within the meaning of | 1170 |
Title XXXV of the Revised Code is any group of voters that, at the | 1171 |
most recent regular state election, polled for its candidate for | 1172 |
governor in the state or nominees for presidential electors at | 1173 |
least five per cent of the entire vote cast for that office or | 1174 |
that filed with the secretary of state, subsequent to any election | 1175 |
in which it received less than five per cent of that vote, a | 1176 |
petition signed by qualified electors equal in number to at least | 1177 |
one per cent of the total vote for governor or nominees for | 1178 |
presidential electors at the most recent election, declaring their | 1179 |
intention of organizing a political party, the name of which shall | 1180 |
be stated in the declaration, and of participating in the | 1181 |
succeeding primary election, held in even-numbered years, that | 1182 |
occurs more than one hundred twenty days after the date of filing. | 1183 |
No such group of electors shall assume a name or designation that | 1184 |
is similar, in the opinion of the secretary of state, to that of | 1185 |
an existing political party as to confuse or mislead the voters at | 1186 |
an election. If any political party fails to cast five per cent of | 1187 |
the total vote cast at an election for the office of governor or | 1188 |
president, it shall cease to be a political party. | 1189 |
(B) Notwithstanding the definitions found in section 3501.01 | 1190 |
of the Revised Code, as used in this section, sections 3517.08 to | 1191 |
3517.14, and | 1192 |
Code: | 1193 |
(1) "Campaign committee" means a candidate or a combination | 1194 |
of two or more persons authorized by a candidate under section | 1195 |
3517.081 of the Revised Code to receive contributions and make | 1196 |
expenditures. | 1197 |
(2) "Campaign treasurer" means an individual appointed by a | 1198 |
candidate under section 3517.081 of the Revised Code. | 1199 |
(3) "Candidate" has the same meaning as in division (H) of | 1200 |
section 3501.01 of the Revised Code and also includes any person | 1201 |
who, at any time before or after an election, receives | 1202 |
contributions or makes expenditures or other use of contributions, | 1203 |
has given consent for another to receive contributions or make | 1204 |
expenditures or other use of contributions, or appoints a campaign | 1205 |
treasurer, for the purpose of bringing about the person's | 1206 |
nomination or election to public office. When two persons jointly | 1207 |
seek the offices of governor and lieutenant governor, "candidate" | 1208 |
means the pair of candidates jointly. "Candidate" does not include | 1209 |
candidates for election to the offices of member of a county or | 1210 |
state central committee, presidential elector, and delegate to a | 1211 |
national convention or conference of a political party. | 1212 |
(4) "Continuing association" means an association, other than | 1213 |
a
campaign committee, political party, | 1214 |
political contributing entity, or labor organization, that is | 1215 |
intended to be a permanent organization that has a primary purpose | 1216 |
other than supporting or opposing specific candidates, political | 1217 |
parties, or ballot issues, and that functions on a regular basis | 1218 |
throughout the year. | 1219 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 1220 |
of indebtedness, donation, advance, payment, transfer of funds or | 1221 |
1222 | |
an inter vivos or testamentary trust or decedent's estate, and the | 1223 |
payment by any person other than the person to whom the services | 1224 |
are rendered for the personal services of another person, which | 1225 |
contribution is made, received, or used for the purpose of | 1226 |
influencing the results of an election. "Contribution" does not | 1227 |
include any of the following: | 1228 |
(a) Services provided without compensation by individuals | 1229 |
volunteering a portion or all of their time on behalf of a person; | 1230 |
(b) Ordinary home hospitality; | 1231 |
(c) The personal expenses of a volunteer paid for by that | 1232 |
volunteer campaign worker; | 1233 |
(d) Any gift given to a state or county political party | 1234 |
pursuant to section 3517.101 of the Revised Code. As used in | 1235 |
division (B)(5)(d) of this section, "political party" means only a | 1236 |
major political party. | 1237 |
(6)
"Expenditure" means | 1238 |
(a) The disbursement or use of a contribution for the purpose | 1239 |
of influencing the results of an election or of making a | 1240 |
charitable donation under division (G) of section 3517.08 of the | 1241 |
Revised Code; | 1242 |
(b) The disbursement or use of funds for the direct costs or | 1243 |
indirect costs of producing or airing an electioneering | 1244 |
communication. | 1245 |
(7) "Personal expenses" includes, but is not limited to, | 1246 |
ordinary expenses for accommodations, clothing, food, personal | 1247 |
motor vehicle or airplane, and home telephone. | 1248 |
(8) "Political action committee" means a combination of two | 1249 |
or more persons, the primary or incidental purpose of which is to | 1250 |
support or oppose any candidate, political party, or issue, or to | 1251 |
influence the result of any election, and that is not a political | 1252 |
party, a campaign committee, or
a political contributing entity | 1253 |
1254 |
(9) "Public office" means any state, county, municipal, | 1255 |
township, and district office, except an office of a political | 1256 |
party, that is filled by an election and the offices of United | 1257 |
States senator and
| 1258 |
(10) "Anything of value" has the same meaning as in section | 1259 |
1.03 of the Revised Code. | 1260 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 1261 |
public official or employee for whose benefit a campaign fund | 1262 |
exists, and any other person who has ever been a candidate or | 1263 |
public official or employee and for whose benefit a campaign fund | 1264 |
exists. | 1265 |
(12) "Campaign fund" means money or other property, including | 1266 |
contributions. | 1267 |
(13) "Public official or employee" has the same meaning as in | 1268 |
section 102.01 of the Revised Code. | 1269 |
(14)
| 1270 |
1271 | |
1272 |
| 1273 |
1274 | |
1275 |
| 1276 |
than money that is used to influence the results of an election or | 1277 |
is transferred to or used in support of or in opposition to a | 1278 |
candidate, campaign committee, | 1279 |
political party, political action committee,
| 1280 |
contributing entity, or entity engaging in electioneering and that | 1281 |
is made with the consent of, in coordination, cooperation, or | 1282 |
consultation with, or at the request or suggestion of the | 1283 |
benefited candidate, committee, | 1284 |
financing of the dissemination, distribution, or republication, in | 1285 |
whole or part, of any broadcast or of any written, graphic, or | 1286 |
other form of campaign materials prepared by the candidate, the | 1287 |
candidate's campaign committee, or their authorized agents is an | 1288 |
in-kind contribution to the candidate and an expenditure by the | 1289 |
candidate. | 1290 |
| 1291 |
person advocating the election or defeat of an identified | 1292 |
candidate or candidates, that is not made with the consent of, in | 1293 |
coordination, cooperation, or consultation with, or at the request | 1294 |
or suggestion of any candidate or candidates or of the campaign | 1295 |
committee or agent of the candidate or candidates. As used in | 1296 |
division (B) | 1297 |
(a) "Person" means an individual, partnership, unincorporated | 1298 |
business organization or association, political action committee, | 1299 |
political contributing entity, entity engaging in electioneering, | 1300 |
separate
segregated
fund, association, or | 1301 |
or group of persons, but not a labor organization or a corporation | 1302 |
unless the labor organization or corporation is a political | 1303 |
contributing entity. | 1304 |
(b) "Advocating" means any communication containing a message | 1305 |
advocating election or defeat. | 1306 |
(c) "Identified candidate" means that the name of the | 1307 |
candidate appears, a photograph or drawing of the candidate | 1308 |
appears, or the identity of the candidate is otherwise apparent by | 1309 |
unambiguous reference. | 1310 |
(d) "Made in coordination, cooperation, or consultation with, | 1311 |
or at the request or suggestion of, any candidate or the campaign | 1312 |
committee or agent of the candidate" means made pursuant to any | 1313 |
arrangement, coordination, or direction by the candidate, the | 1314 |
candidate's campaign committee, or the candidate's agent prior to | 1315 |
the publication, distribution, display, or broadcast of the | 1316 |
communication. An expenditure is presumed to be so made when it is | 1317 |
any of the following: | 1318 |
(i) Based on information about the candidate's plans, | 1319 |
projects, or needs provided to the person making the expenditure | 1320 |
by the candidate, or by the candidate's campaign committee or | 1321 |
agent, with a view toward having an expenditure made; | 1322 |
(ii) Made by or through any person who is, or has been, | 1323 |
authorized to raise or expend funds, who is, or has been, an | 1324 |
officer of the candidate's campaign committee, or who is, or has | 1325 |
been, receiving any form of compensation or reimbursement from the | 1326 |
candidate or the candidate's campaign committee or agent; | 1327 |
(iii) Made by a political party in support of a
candidate | 1328 |
1329 | |
1330 |
(e) "Agent" means any person who has actual oral or written | 1331 |
authority, either express or implied, to make or to authorize the | 1332 |
making of expenditures on behalf of a candidate, or means any | 1333 |
person who has been placed in a position with the candidate's | 1334 |
campaign committee or organization such that it would reasonably | 1335 |
appear that in the ordinary course of campaign-related activities | 1336 |
the person may authorize expenditures. | 1337 |
| 1338 |
employee organization; a federation of labor unions, groups, | 1339 |
locals, or other employee organizations; an auxiliary of a labor | 1340 |
union, employee organization, or federation of labor unions, | 1341 |
groups, locals, or other employee organizations; or any other bona | 1342 |
fide organization in which employees participate and that exists | 1343 |
for the purpose, in whole or in part, of dealing with employers | 1344 |
concerning grievances, labor disputes, wages, hours, and other | 1345 |
terms and conditions of employment. | 1346 |
| 1347 |
segregated fund established pursuant to the Federal Election | 1348 |
Campaign Act. | 1349 |
| 1350 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 1351 |
seq., as amended. | 1352 |
| 1353 |
including a corporation or labor organization, that may lawfully | 1354 |
make contributions and expenditures and that is not an individual | 1355 |
or a political action committee, continuing association, campaign | 1356 |
committee, or political party | 1357 |
1358 | |
purposes
of division (B) | 1359 |
not prohibited by any section of the Revised Code, or authorized | 1360 |
by a final judgment of a court of competent jurisdiction. | 1361 |
(20) "Electioneering communication" means any broadcast, | 1362 |
cable, or satellite communication that refers to a clearly | 1363 |
identified candidate and that is made within sixty days before the | 1364 |
general or special election for which the candidate seeks election | 1365 |
or within thirty days before the primary election for the office | 1366 |
for which the candidate seeks nomination. | 1367 |
"Electioneering communication" does not include any of the | 1368 |
following: | 1369 |
(a) A communication appearing in a news story, commentary, or | 1370 |
editorial distributed through the facilities of any broadcasting | 1371 |
station, unless those facilities are owned or controlled by any | 1372 |
political party, political committee, or candidate; | 1373 |
(b) A communication that constitutes an expenditure or an | 1374 |
independent expenditure under this section; | 1375 |
(c) A communication that constitutes a candidate debate or | 1376 |
that solely promotes a candidate debate or forum and is made by or | 1377 |
on behalf of the person sponsoring the debate or forum. | 1378 |
(21) "Entity engaging in electioneering" means an individual, | 1379 |
partnership, unincorporated business organization or association, | 1380 |
political action committee, political contributing entity, | 1381 |
separate segregated fund, association, or other organization or | 1382 |
group of persons, but not a labor organization or a corporation | 1383 |
unless the labor organization or corporation is a political | 1384 |
contributing entity that makes disbursements for the direct costs | 1385 |
or indirect costs of producing or airing an electioneering | 1386 |
communication. | 1387 |
(22) "Political fundraiser" means any person engaged in | 1388 |
raising contributions for compensation for a campaign committee, | 1389 |
political party, political action committee, political | 1390 |
contributing entity, or entity engaging in electioneering. | 1391 |
Sec. 3517.03. (A) The controlling committees of each major | 1392 |
political party or organization shall be a state central committee | 1393 |
consisting of two members, one a man and one a woman, representing | 1394 |
either each congressional district in the state or each senatorial | 1395 |
district in the state, as the outgoing committee determines; a | 1396 |
county central committee consisting of one member from each | 1397 |
election precinct in the county, or of one member from each ward | 1398 |
in each city and from each township in the county, as the outgoing | 1399 |
committee determines; and such district, city, township, or other | 1400 |
committees as the rules of the party provide. | 1401 |
All the members of such committees shall be members of the | 1402 |
party and shall be elected for terms of either two or four years, | 1403 |
as determined by party rules, by direct vote at the primary | 1404 |
election held in an even-numbered year. Except as otherwise | 1405 |
provided in section 3517.02 of the Revised Code, candidates for | 1406 |
election as state central committee members shall be elected at | 1407 |
1408 | |
sections 3513.01 to 3513.32 of the Revised Code for the nomination | 1409 |
of candidates for office in a county. Candidates for election as | 1410 |
members of the county central committee shall be elected at | 1411 |
1412 | |
those sections for the nomination of candidates for county | 1413 |
offices, except as otherwise provided in sections 3513.051 and | 1414 |
3517.02 of the Revised Code. | 1415 |
Each major party controlling committee shall elect an | 1416 |
executive committee that shall have the powers granted to it by | 1417 |
the party controlling committee | 1418 |
judicial, senatorial, or congressional district is comprised of | 1419 |
more than one county, the chairperson and secretary of the county | 1420 |
central committee from each county in that district shall | 1421 |
constitute the judicial, senatorial, or congressional committee of | 1422 |
the district. When a judicial, senatorial, or congressional | 1423 |
district is included within a county, the county central committee | 1424 |
shall constitute the judicial, senatorial, or congressional | 1425 |
committee of the district. | 1426 |
(B) The controlling committee of each intermediate political | 1427 |
party or organization shall be a state central committee | 1428 |
consisting of two members, one a man and one a woman, from each | 1429 |
congressional district in the state. All members of the committee | 1430 |
shall be members of the party and shall be elected by direct vote | 1431 |
at the primary election held in | 1432 |
Except as otherwise provided in section 3517.02 of the Revised | 1433 |
Code, candidates for election shall be elected at the primary | 1434 |
election in the same manner as provided in sections 3513.01 to | 1435 |
3513.32 of the Revised Code. An intermediate political party may | 1436 |
have such other party organization as its rules provide. Each | 1437 |
intermediate
party shall file the names | 1438 |
contact information of its officers with the secretary of state. | 1439 |
(C) A minor political party may elect controlling committees | 1440 |
at
a
primary election in | 1441 |
plan for party organization with the secretary of state on or | 1442 |
before the ninetieth day before the day of the primary election. | 1443 |
The plan shall specify which offices are to be elected and provide | 1444 |
the procedure for qualification of candidates for those offices. | 1445 |
Candidates to be elected pursuant to the plan shall be designated | 1446 |
and qualified on or before the ninetieth day before the day of the | 1447 |
election. Such parties may, in lieu of electing a controlling | 1448 |
committee or other officials, choose such committee or other | 1449 |
officials in accordance with party rules. Each such party shall | 1450 |
file the names | 1451 |
of its controlling committee and party officers with the secretary | 1452 |
of state. | 1453 |
(D) All records of a political party organized under division | 1454 |
(A), (B), or (C) of this section shall be considered to be public | 1455 |
records and shall be maintained and open to public inspection and | 1456 |
copying under section 149.43 of the Revised Code, except that all | 1457 |
records of such a political party shall be maintained and open to | 1458 |
public inspection and copying for a period of at least ten years | 1459 |
after they are created. | 1460 |
Sec. 3517.06. A list of the names | 1461 |
contact information of the members and officers of the county | 1462 |
central committee and the county executive committee of each | 1463 |
political party shall be filed by the secretary of each committee | 1464 |
in the office of the board of elections of the county in which | 1465 |
1466 | |
state promptly after the organization
of each | 1467 |
committee. A list of the names | 1468 |
information of the members of the state central committee and the | 1469 |
state executive committee of each political party shall be filed | 1470 |
by the secretary of each committee in the office of the secretary | 1471 |
of
state promptly after the organization of each | 1472 |
1473 |
All changes occurring in the membership of a county central | 1474 |
or executive committee after | 1475 |
promptly by the secretary of | 1476 |
to the secretary of state. All changes occurring in the membership | 1477 |
of a state central or executive committee after | 1478 |
shall
be reported promptly by the secretary of | 1479 |
to the secretary of state. All such lists shall be open to public | 1480 |
inspection at all times when the offices in which they are filed | 1481 |
are open for business. | 1482 |
Sec. 3517.08. (A) The personal expenses of a candidate paid | 1483 |
for by the candidate, from the candidate's personal funds, shall | 1484 |
not be considered as a contribution by or an expenditure by the | 1485 |
candidate and shall not be reported under section 3517.10 of the | 1486 |
Revised Code. | 1487 |
(B) | 1488 |
political contributing entity shall not be considered a | 1489 |
contribution by the political action committee or the political | 1490 |
contributing entity or an expenditure by or on behalf of the | 1491 |
candidate if the purpose of the expenditure is to inform only its | 1492 |
members by means of mailed publications of its activities or | 1493 |
endorsements. | 1494 |
| 1495 |
1496 | |
1497 | |
1498 | |
1499 | |
1500 | |
1501 | |
1502 |
(C) An expenditure by a continuing association | 1503 |
contributing entity | 1504 |
contribution to any campaign committee or an expenditure by or on | 1505 |
behalf of any campaign committee if the purpose of the expenditure | 1506 |
is for the
staff and maintenance of the continuing association's | 1507 |
or political
contributing entity's | 1508 |
headquarters, or for a political poll, survey, index, or other | 1509 |
type of measurement not on behalf of a specific candidate. | 1510 |
(D) The expenses of maintaining a constituent office paid | 1511 |
for, from the candidate's personal funds, by a candidate who is a | 1512 |
member of the general assembly at the time of the election shall | 1513 |
not be considered a contribution by or an expenditure by or on | 1514 |
behalf of the candidate, and shall not be reported, if the | 1515 |
constituent office is not used for any candidate's campaign | 1516 |
activities. | 1517 |
(E) The net contribution of each social or fund-raising | 1518 |
activity shall be calculated by totaling all contributions to the | 1519 |
activity minus the expenditures made for the activity. | 1520 |
(F) An expenditure that purchases goods or services shall be | 1521 |
attributed to an election when the disbursement of funds is made, | 1522 |
rather than at the time the goods or services are used. The | 1523 |
secretary of state, under the procedures of Chapter 119. of the | 1524 |
Revised Code, shall establish rules for the attribution of | 1525 |
expenditures to a candidate when the candidate is a candidate for | 1526 |
more than one office during a reporting period and for | 1527 |
expenditures made in a year in which no election is held. The | 1528 |
secretary of state shall further define by rule those expenditures | 1529 |
that are or are not by or on behalf of a candidate. | 1530 |
(G) An expenditure for the purpose of a charitable donation | 1531 |
may be made if it is made to an organization that is exempt from | 1532 |
federal income taxation under subsection 501(a) and described in | 1533 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 1534 |
501(c)(19) of the Internal Revenue Code or is approved by advisory | 1535 |
opinion of the Ohio elections commission as a legitimate | 1536 |
charitable organization. Each expenditure under this division | 1537 |
shall be separately itemized on statements made pursuant to | 1538 |
section 3517.10 of the Revised Code and on reports made under | 1539 |
section 3517.1011 of the Revised Code. | 1540 |
Sec. 3517.082. (A) Any corporation, any nonprofit | 1541 |
corporation, or any labor organization may establish, administer, | 1542 |
and solicit contributions from the persons listed in division (B) | 1543 |
of this section, to either or both of the following: | 1544 |
(1) A political action committee of the corporation or labor | 1545 |
organization with respect to state and local elections; | 1546 |
(2) A separate segregated fund pursuant to the Federal | 1547 |
Election Campaign Act. | 1548 |
(B)(1) A corporation and a nonprofit corporation may solicit | 1549 |
contributions from its stockholders, officers, directors, trustees | 1550 |
that are not corporations or labor organizations, and employees. | 1551 |
(2) A nonprofit corporation also may solicit contributions | 1552 |
from: | 1553 |
(a) Its members that are not corporations or labor | 1554 |
organizations; | 1555 |
(b) Officers, directors, trustees that are not corporations | 1556 |
or labor organizations, and employees of any members of the | 1557 |
nonprofit corporation. | 1558 |
(3) A labor organization may solicit contributions from its | 1559 |
members, officers, and employees. | 1560 |
(C) A corporation, nonprofit corporation, or labor | 1561 |
organization shall report to a political action committee, or to a | 1562 |
separate segregated fund with respect to state and local | 1563 |
elections, the following costs expended by the corporation, | 1564 |
nonprofit corporation, or labor organization that are associated | 1565 |
with establishing, administering, and soliciting contributions to | 1566 |
the political action committee or separate segregated fund | 1567 |
pursuant to division (A) of this section: | 1568 |
(1) Mailing and printing expenses for direct solicitation of | 1569 |
contributions pursuant to division (D) of this section; | 1570 |
(2) The portion of an employee's salary or wages attributable | 1571 |
to time | 1572 |
establishing, administering, and soliciting contributions to a | 1573 |
political action committee or separate segregated fund, if that | 1574 |
time exceeds during a reporting period fifty per cent of the time | 1575 |
for which the employee is compensated by the corporation, | 1576 |
nonprofit corporation, or labor organization; | 1577 |
(3) The cost associated with the purchase, lease, operation, | 1578 |
and use of equipment for activities related to establishing, | 1579 |
administering, and soliciting contributions to a political action | 1580 |
committee or separate segregated fund if during a reporting period | 1581 |
more than fifty per cent of the use of the equipment is for those | 1582 |
activities; | 1583 |
(4) Professional fees paid by the corporation, nonprofit | 1584 |
corporation, or labor organization for establishing, | 1585 |
administering, and soliciting contributions to a political action | 1586 |
committee or separate segregated fund. | 1587 |
The political action committee shall itemize the amounts and | 1588 |
purposes of those costs expended by the corporation, nonprofit | 1589 |
corporation, or labor organization and file them as part of the | 1590 |
statement required of political action committees under division | 1591 |
(A) of section 3517.10 of the Revised Code on a form prescribed by | 1592 |
the secretary of state. The separate segregated fund with respect | 1593 |
to state and local elections shall file with the secretary of | 1594 |
state a copy of the portion of each report and statement required | 1595 |
under the Federal Election Campaign Act that applies to state and | 1596 |
local elections at the same time that the entire original report | 1597 |
is filed in accordance with that act. | 1598 |
(D) Solicitations of contributions pursuant to division (B) | 1599 |
of this section from employees of a corporation or nonprofit | 1600 |
corporation or members and employees of a labor organization other | 1601 |
than executive and administrative employees of a corporation or | 1602 |
nonprofit corporation or officers and executive and administrative | 1603 |
employees of a labor organization shall be in writing and shall | 1604 |
not be made more than four times during each calendar year. Any | 1605 |
person who solicits any employee of a corporation or nonprofit | 1606 |
corporation or member or employee of a labor organization for a | 1607 |
contribution to a political action committee established or | 1608 |
administered by the corporation, nonprofit corporation, or labor | 1609 |
organization under division (A)(1) of this section shall inform | 1610 |
the employee or member at the
time of the solicitation
that | 1611 |
employee or member may refuse to make a contribution without | 1612 |
suffering any reprisal. | 1613 |
(E) In addition to the laws listed in division (A) of section | 1614 |
4117.10 of the Revised Code that prevail over conflicting | 1615 |
agreements between employee organizations and public employers, | 1616 |
this section prevails over any conflicting provisions of | 1617 |
agreements between labor organizations and public employers | 1618 |
pursuant to Chapter 4117. of the Revised Code. | 1619 |
Sec. 3517.09. (A) No person or committee shall solicit, ask, | 1620 |
invite, or demand, directly or indirectly, orally or in writing, a | 1621 |
contribution, subscription, or payment from a candidate for | 1622 |
nomination or election or from the campaign committee of that | 1623 |
candidate, and no person shall solicit, ask, invite, or demand | 1624 |
that a candidate for nomination or election or the campaign | 1625 |
committee of that candidate subscribe to the support of a club or | 1626 |
organization, buy tickets to an entertainment, ball, supper, or | 1627 |
other meeting, or pay for space in a book, program, or | 1628 |
publication. This division does not apply to any of the following: | 1629 |
(1) Regular advertisements in periodicals having an | 1630 |
established circulation; | 1631 |
(2) Regular payments to civic, political, fraternal, social, | 1632 |
charitable, or religious organizations of which the candidate was | 1633 |
a member or contributor six months before the candidate's | 1634 |
candidacy; | 1635 |
(3) Regular party assessments made by a party against its own | 1636 |
candidates. | 1637 |
(B) No person shall coerce, intimidate, or cause harm to | 1638 |
another person by an act or failure to act, or shall threaten to | 1639 |
coerce, intimidate, or cause harm to another person, because that | 1640 |
other person makes or does not make a contribution to a candidate, | 1641 |
campaign committee, political
party, | 1642 |
political action committee,
| 1643 |
entity engaging in electioneering. | 1644 |
(C) An employer or labor organization that, directly or | 1645 |
through another person, solicits an employee of the employer or a | 1646 |
member of the labor organization for a contribution to a | 1647 |
candidate, campaign committee, political action committee, | 1648 |
1649 | |
contributing entity, or entity engaging in electioneering shall | 1650 |
inform the employee or member at the time of the solicitation that | 1651 |
making a contribution is voluntary and that a decision of the | 1652 |
employee or member to make a contribution or not to make a | 1653 |
contribution will not benefit the employee or member or place the | 1654 |
employee or member at a disadvantage with respect to employment by | 1655 |
the employer or membership in the labor organization. | 1656 |
Sec. 3517.092. (A) As used in this section: | 1657 |
(1) "Appointing authority" has the same meaning as in section | 1658 |
124.01 of the Revised Code. | 1659 |
(2) "State elected officer" means any person appointed or | 1660 |
elected to a state elective office. | 1661 |
(3) "State elective office" means any of the offices of | 1662 |
governor, lieutenant governor, secretary of state, auditor of | 1663 |
state, treasurer of state, attorney general, member of the state | 1664 |
board of education, member of the general assembly, and justice | 1665 |
and chief justice of the supreme court. | 1666 |
(4) "County elected officer" means any person appointed or | 1667 |
elected to a county elective office. | 1668 |
(5) "County elective office" means any of the offices of | 1669 |
county auditor, county treasurer, clerk of the court of common | 1670 |
pleas, sheriff, county recorder, county engineer, county | 1671 |
commissioner, prosecuting attorney, and coroner. | 1672 |
(6) "Contribution" includes a contribution to any political | 1673 |
party, campaign committee, political action committee, political | 1674 |
contributing
entity, or | 1675 |
in electioneering. | 1676 |
(B) No state elected officer, no campaign committee of such | 1677 |
an officer, and no other person or entity shall knowingly solicit | 1678 |
or accept a contribution on behalf of that officer or that | 1679 |
officer's campaign committee from any of the following: | 1680 |
(1) A state employee whose appointing authority is the state | 1681 |
elected officer; | 1682 |
(2) A state employee whose appointing authority is authorized | 1683 |
or required by law to be appointed by the state elected officer; | 1684 |
(3) A state employee who functions in or is employed in or by | 1685 |
the same public agency, department, division, or office as the | 1686 |
state elected officer. | 1687 |
(C) No candidate for a state elective office, no campaign | 1688 |
committee of such a candidate, and no other person or entity shall | 1689 |
knowingly solicit or accept a contribution on behalf of that | 1690 |
candidate or that candidate's campaign committee from any of the | 1691 |
following: | 1692 |
(1) A state employee at the time of the solicitation, whose | 1693 |
appointing authority will be the candidate, if elected; | 1694 |
(2) A state employee at the time of the solicitation, whose | 1695 |
appointing authority will be appointed by the candidate, if | 1696 |
elected, as authorized or required by law; | 1697 |
(3) A state employee at the time of the solicitation, who | 1698 |
will function in or be employed in or by the same public agency, | 1699 |
department, division, or office as the candidate, if elected. | 1700 |
(D) No county elected officer, no campaign committee of such | 1701 |
an officer, and no other person or entity shall knowingly solicit | 1702 |
a contribution on behalf of that officer or that officer's | 1703 |
campaign committee from any of the following: | 1704 |
(1) A county employee whose appointing authority is the | 1705 |
county elected officer; | 1706 |
(2) A county employee whose appointing authority is | 1707 |
authorized or required by law to be appointed by the county | 1708 |
elected officer; | 1709 |
(3) A county employee who functions in or is employed in or | 1710 |
by the same public agency, department, division, or office as the | 1711 |
county elected officer. | 1712 |
(E) No candidate for a county elective office, no campaign | 1713 |
committee of such a candidate, and no other person or entity shall | 1714 |
knowingly solicit a contribution on behalf of that candidate or | 1715 |
that candidate's campaign committee from any of the following: | 1716 |
(1) A county employee at the time of the solicitation, whose | 1717 |
appointing authority will be the candidate, if elected; | 1718 |
(2) A county employee at the time of the solicitation, whose | 1719 |
appointing authority will be appointed by the candidate, if | 1720 |
elected, as authorized or required by law; | 1721 |
(3) A county employee at the time of the solicitation, who | 1722 |
will function in or be employed in or by the same public agency, | 1723 |
department, division, or office as the candidate, if elected. | 1724 |
(F)(1) No public employee shall solicit a contribution from | 1725 |
any person while the public employee is performing the public | 1726 |
employee's official duties or in those areas of a public building | 1727 |
where official business is transacted or conducted. | 1728 |
(2) No person shall solicit a contribution from any public | 1729 |
employee while the public employee is performing the public | 1730 |
employee's official duties or is in those areas of a public | 1731 |
building where official business is transacted or conducted. | 1732 |
(3) As used in division (F) of this section, "public | 1733 |
employee" does not include any person holding an elective office. | 1734 |
(G) The prohibitions in divisions (B), (C), (D), (E), and (F) | 1735 |
of this section are in addition to the prohibitions in sections | 1736 |
124.57, 3304.22, and 4503.032 of the Revised Code. | 1737 |
Sec. 3517.10. (A) Except as otherwise provided in this | 1738 |
division, every campaign committee, political action committee, | 1739 |
1740 | |
contributing entity, and entity engaging in electioneering that | 1741 |
made or received a contribution or made an expenditure in | 1742 |
connection with the nomination | 1743 |
candidate or in connection with any ballot issue or question at | 1744 |
any election held or to be held in this state shall file, on a | 1745 |
form prescribed under this section | 1746 |
transmission as provided in this section and section 3517.106 of | 1747 |
the Revised
Code, | 1748 |
1749 | |
and itemized statement, made under penalty of election | 1750 |
falsification, setting forth in detail the contributions and | 1751 |
expenditures, no later than four p.m. of the following dates: | 1752 |
(1) The twelfth day before the election to reflect | 1753 |
contributions received and expenditures made from the close of | 1754 |
business on the last day reflected in the last previously filed | 1755 |
statement, if any, to the close of business on the twentieth day | 1756 |
before the election; | 1757 |
(2) The thirty-eighth day after the election to reflect the | 1758 |
contributions received and expenditures made from the close of | 1759 |
business on the last day reflected in the last previously filed | 1760 |
statement, if any, to the close of business on the seventh day | 1761 |
before the filing of the statement; | 1762 |
(3) The last business day of January of every year to reflect | 1763 |
the contributions received and expenditures made from the close of | 1764 |
business on the last day reflected in the last previously filed | 1765 |
statement, if any, to the close of business on the last day of | 1766 |
December of the previous year. | 1767 |
A campaign committee shall only be required to file the | 1768 |
statements prescribed under divisions (A)(1) and (2) of this | 1769 |
section in connection with the nomination or election of the | 1770 |
committee's candidate. | 1771 |
The statement required under division (A)(1) of this section | 1772 |
shall not be required of any campaign committee, political action | 1773 |
committee, | 1774 |
political contributing entity, or entity engaging in | 1775 |
electioneering that has received contributions of less than one | 1776 |
thousand dollars and has made expenditures of less than one | 1777 |
thousand dollars at the close of business on the twentieth day | 1778 |
before the election. Those contributions and expenditures shall be | 1779 |
reported in the statement required under division (A)(2) of this | 1780 |
section. | 1781 |
If an election to select candidates to appear on the general | 1782 |
election ballot is held within sixty days before a general | 1783 |
election, the campaign committee of a successful candidate in the | 1784 |
earlier election may file the statement required by division | 1785 |
(A)(1) of this section for the general election instead of the | 1786 |
statement required by division (A)(2) of this section for the | 1787 |
earlier election if the pregeneral election statement reflects the | 1788 |
status of contributions and expenditures for the period twenty | 1789 |
days before the earlier election to twenty days before the general | 1790 |
election. | 1791 |
If a person becomes a candidate less than twenty days before | 1792 |
an election, the candidate's campaign committee is not required to | 1793 |
file the statement required by division (A)(1) of this section. | 1794 |
No statement under division (A)(3) of this section shall be | 1795 |
required for any year in which a campaign committee, political | 1796 |
action committee, | 1797 |
political contributing entity, or entity engaging in | 1798 |
electioneering is required to file a postgeneral election | 1799 |
statement under division (A)(2) of this section. However, such a | 1800 |
statement may be filed, at the option of the campaign committee, | 1801 |
political action committee,
| 1802 |
party, | 1803 |
electioneering. | 1804 |
No statement under division (A)(3) of this section shall be | 1805 |
required if the campaign committee, political action committee, | 1806 |
1807 | |
contributing entity, or entity engaging in electioneering has no | 1808 |
contributions that it has received and no expenditures that it has | 1809 |
made since the last date reflected in its last previously filed | 1810 |
statement. However, the campaign committee, political action | 1811 |
committee,
| 1812 |
political contributing entity, or entity engaging in | 1813 |
electioneering shall file a statement to that effect, on a form | 1814 |
prescribed under this section and made under penalty of election | 1815 |
falsification, on the date required in division (A)(3) of this | 1816 |
section. | 1817 |
The campaign committee of a statewide candidate shall file a | 1818 |
monthly statement of contributions received during each of the | 1819 |
months of July, August, and September in the year of the general | 1820 |
election in which the candidate seeks office. The campaign | 1821 |
committee of a statewide candidate shall file the monthly | 1822 |
statement not later than three business days after the last day of | 1823 |
the month covered by the statement. During the period beginning on | 1824 |
the nineteenth day before the general election in which a | 1825 |
statewide candidate seeks election to office and extending through | 1826 |
the day of that general election, each time the campaign committee | 1827 |
of the joint candidates for the offices of governor and lieutenant | 1828 |
governor or of a candidate for the office of secretary of state, | 1829 |
auditor of state, treasurer of state, or attorney general receives | 1830 |
a contribution from a contributor that causes the aggregate amount | 1831 |
of contributions received from that contributor during that period | 1832 |
to equal or exceed two thousand five hundred dollars and each time | 1833 |
the campaign committee of a candidate for the office of chief | 1834 |
justice or justice of the supreme court receives a contribution | 1835 |
from a contributor that causes the aggregate amount of | 1836 |
contributions received from that contributor during that period to | 1837 |
exceed five hundred dollars, the campaign committee shall file a | 1838 |
two-business-day statement reflecting that contribution. During | 1839 |
the period beginning on the nineteenth day before a primary | 1840 |
election in which a candidate for statewide office seeks | 1841 |
nomination to office and extending through the day of that primary | 1842 |
election, each time either the campaign committee of a statewide | 1843 |
candidate in that primary election that files a notice under | 1844 |
division (C)(1) of section 3517.103 of the Revised Code or the | 1845 |
campaign committee of a statewide candidate in that primary | 1846 |
election to which, in accordance with division (D) of section | 1847 |
3517.103 of the Revised Code, the contribution limitations | 1848 |
prescribed in section 3517.102 of the Revised Code no longer apply | 1849 |
receives a contribution from a contributor that causes the | 1850 |
aggregate amount of contributions received from that contributor | 1851 |
during that period to exceed two thousand five hundred dollars, | 1852 |
the campaign committee shall file a two-business-day statement | 1853 |
reflecting that contribution. Contributions reported on a | 1854 |
two-business-day statement required to be filed by a campaign | 1855 |
committee of a statewide candidate in a primary election shall | 1856 |
also be included in the postprimary election statement required to | 1857 |
be filed by that campaign committee under division (A)(2) of this | 1858 |
section. A two-business-day statement required by this paragraph | 1859 |
shall be filed not later than two business days after receipt of | 1860 |
the contribution. The statements required by this paragraph shall | 1861 |
be filed in addition to any other statements required by this | 1862 |
section. | 1863 |
Subject to the secretary of state having implemented, tested, | 1864 |
and verified the successful operation of any system the secretary | 1865 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 1866 |
this section and division (H)(1) of section 3517.106 of the | 1867 |
Revised Code for the filing of campaign finance statements by | 1868 |
electronic means of transmission, a campaign committee of a | 1869 |
statewide candidate shall file a two-business-day statement under | 1870 |
the preceding paragraph by electronic means of transmission if the | 1871 |
campaign committee
is required to file a | 1872 |
postelection, or monthly statement of contributions and | 1873 |
expenditures by electronic means of transmission under this | 1874 |
section or section 3517.106 of the Revised Code. | 1875 |
If a campaign committee or political action committee has no | 1876 |
balance on hand and no outstanding obligations and desires to | 1877 |
terminate itself, it shall file a statement to that effect, on a | 1878 |
form prescribed under this section and made under penalty of | 1879 |
election falsification, with the official with whom it files a | 1880 |
statement under division (A) of this section after filing a final | 1881 |
statement of contributions and a final statement of expenditures, | 1882 |
if contributions have been received or expenditures made since the | 1883 |
period reflected in its last previously filed statement. | 1884 |
(B) Except as otherwise provided in division (C)(7) of this | 1885 |
section, each statement required by division (A) of this section | 1886 |
shall contain the following information: | 1887 |
(1) The full name and address of each campaign committee, | 1888 |
political action committee, | 1889 |
party, | 1890 |
electioneering, including any
treasurer
of the committee, | 1891 |
party, or entity, filing a contribution and expenditure statement; | 1892 |
(2)(a) In the case of a campaign committee, the candidate's | 1893 |
full name and address; | 1894 |
(b) In the case of a political action committee, the | 1895 |
registration number assigned to the committee under division | 1896 |
(D)(1) of this section and the name of the candidate or public | 1897 |
official associated with it, if any. | 1898 |
(3) The date of the election and whether it was or will be a | 1899 |
general, primary, or special election; | 1900 |
(4) A statement of contributions received, which shall | 1901 |
include the following information: | 1902 |
(a) The month, day, and year of the contribution; | 1903 |
(b)(i) The full name and address of each person, political | 1904 |
party, campaign committee, | 1905 |
action committee, | 1906 |
engaging in electioneering from whom contributions are received | 1907 |
and the registration number assigned to the political action | 1908 |
committee under division (D)(1) of this section. The requirement | 1909 |
of filing the full address does not apply to any statement filed | 1910 |
by a state or local committee of a political party, to a finance | 1911 |
committee of such committee, or to a committee recognized by a | 1912 |
state or local committee as its fund-raising auxiliary. | 1913 |
Notwithstanding division (F)(1) of this section, the requirement | 1914 |
of filing the full address shall be considered as being met if the | 1915 |
address filed is the same address the contributor provided under | 1916 |
division (E)(1) of this section. | 1917 |
(ii) If a | 1918 |
1919 | |
1920 | |
exceeds one hundred dollars, the name of the individual's current | 1921 |
employer, if any, or, if the individual is self-employed, the | 1922 |
individual's occupation and the name of the individual's business, | 1923 |
if any; | 1924 |
(iii) If a campaign committee of a statewide candidate or | 1925 |
candidate for the office of member of the general assembly | 1926 |
receives a contribution transmitted pursuant to section 3599.031 | 1927 |
of the Revised Code from amounts deducted from the wages and | 1928 |
salaries of two or more employees that exceeds in the aggregate | 1929 |
one hundred dollars during any one filing period under division | 1930 |
(A)(1), (2), or (3) of this section, the full name of the | 1931 |
employees' employer and the full name of the labor organization of | 1932 |
which the employees are members, if any. | 1933 |
(c) A description of the contribution received, if other than | 1934 |
money; | 1935 |
(d) The value in dollars and cents of the contribution; | 1936 |
(e) A separately itemized account of all contributions and | 1937 |
expenditures regardless of the amount, except a receipt of a | 1938 |
contribution from a person in the sum of twenty-five dollars or | 1939 |
less at one social or fund-raising activity and a receipt of a | 1940 |
contribution transmitted pursuant to section 3599.031 of the | 1941 |
Revised Code from amounts deducted from the wages and salaries of | 1942 |
employees if the contribution from the amount deducted from the | 1943 |
wages and salary of any one employee is twenty-five dollars or | 1944 |
less aggregated in a calendar year. An account of the total | 1945 |
contributions from each social or fund-raising activity shall | 1946 |
include a description of and the value of each in-kind | 1947 |
contribution received at that activity from any person who made | 1948 |
one or more such contributions whose aggregate value exceeded two | 1949 |
hundred fifty dollars and shall be listed separately, together | 1950 |
with the expenses incurred and paid in connection with that | 1951 |
activity. A campaign committee, political action committee, | 1952 |
1953 | |
contributing entity, or entity engaging in electioneering shall | 1954 |
keep records of contributions from each person in the amount of | 1955 |
twenty-five dollars or less at one social or fund-raising activity | 1956 |
and contributions from amounts deducted under section 3599.031 of | 1957 |
the Revised Code from the wages and salary of each employee in the | 1958 |
amount of twenty-five dollars or less aggregated in a calendar | 1959 |
year. No continuing association that is recognized by a state or | 1960 |
local committee of a political party as an auxiliary of the party | 1961 |
and that makes a contribution from funds derived solely from | 1962 |
regular dues paid by members of the auxiliary shall be required to | 1963 |
list the name or address of any members who paid those dues. | 1964 |
Contributions that are other income shall be itemized | 1965 |
separately from all other contributions. The information required | 1966 |
under division (B)(4) of this section shall be provided for all | 1967 |
other income itemized. As used in this paragraph, "other income" | 1968 |
means a loan, investment income, or interest income. | 1969 |
(f) In the case of a campaign committee of a state elected | 1970 |
officer, if a person doing business with the state elected officer | 1971 |
in the officer's official capacity makes a contribution to the | 1972 |
campaign committee of that officer, the information required under | 1973 |
division (B)(4) of this section in regard to that contribution, | 1974 |
which shall be filed together with and considered a part of the | 1975 |
committee's statement of contributions as required under division | 1976 |
(A) of this section but shall be filed on a separate form provided | 1977 |
by the secretary of state. As used in division (B)(4)(f) of this | 1978 |
section: | 1979 |
(i) "State elected officer" has the same meaning as in | 1980 |
section 3517.092 of the Revised Code. | 1981 |
(ii) "Person doing business" means a person or an officer of | 1982 |
an entity who enters into one or more contracts with a state | 1983 |
elected officer or anyone authorized to enter into contracts on | 1984 |
behalf of that officer to receive payments for goods or services, | 1985 |
if the payments total, in the aggregate, more than five thousand | 1986 |
dollars during a calendar year. | 1987 |
(g) In the case of a contribution received through the | 1988 |
efforts of a political fundraiser, the fact that the contribution | 1989 |
was received through those efforts and the name, occupation, and | 1990 |
employer of that political fundraiser. | 1991 |
(5) A statement of expenditures which shall include the | 1992 |
following information: | 1993 |
(a) The month, day, and year of the expenditure; | 1994 |
(b) The full name and address of each person, political | 1995 |
party, campaign committee, | 1996 |
action committee, | 1997 |
engaging in electioneering to whom the expenditure was made and | 1998 |
the registration number assigned to the political action committee | 1999 |
under division (D)(1) of this section; | 2000 |
(c) The object or purpose for which the expenditure was made; | 2001 |
(d) The amount of each expenditure. | 2002 |
(C)(1) The statement of contributions and expenditures shall | 2003 |
be signed by the person completing the form. If a statement of | 2004 |
contributions and expenditures is filed by electronic means of | 2005 |
transmission pursuant to this section or section 3517.106 of the | 2006 |
Revised Code, the electronic signature of the person who executes | 2007 |
the statement and transmits the statement by electronic means of | 2008 |
transmission, as provided in division (H) of section 3517.106 of | 2009 |
the Revised Code, shall be attached to or associated with the | 2010 |
statement and shall be binding on all persons and for all purposes | 2011 |
under the campaign finance reporting law as if the signature had | 2012 |
been handwritten in ink on a printed form. | 2013 |
(2) The person filing the statement, under penalty of | 2014 |
election falsification, shall include with it a list of each | 2015 |
anonymous contribution, the circumstances under which it was | 2016 |
received, and the reason it cannot be attributed to a specific | 2017 |
donor. | 2018 |
(3) Each statement of a campaign committee of a candidate who | 2019 |
holds public office shall contain a designation of each | 2020 |
contributor who is an employee in any unit or department under the | 2021 |
candidate's direct supervision and control. In a space provided in | 2022 |
the statement, the person filing the statement shall affirm that | 2023 |
each such contribution was voluntarily made. | 2024 |
(4) A campaign committee that did not receive contributions | 2025 |
or make expenditures in connection with the nomination or election | 2026 |
of its candidate shall file a statement to that effect, on a form | 2027 |
prescribed under this section and made under penalty of election | 2028 |
falsification, on the date required in division (A)(2) of this | 2029 |
section. | 2030 |
(5) The campaign committee of any person who attempts to | 2031 |
become a candidate and who, for any reason, does not become | 2032 |
certified in accordance with Title XXXV of the Revised Code for | 2033 |
placement on the official ballot of a primary, general, or special | 2034 |
election to be held in this state, and who, at any time prior to | 2035 |
or after an election, receives contributions or makes | 2036 |
expenditures, or has given consent for another to receive | 2037 |
contributions or make expenditures, for the purpose of bringing | 2038 |
about the person's nomination or election to public office, shall | 2039 |
file the statement or statements prescribed by this section and a | 2040 |
termination statement, if applicable. This paragraph does not | 2041 |
apply to any person with respect to an election to the offices of | 2042 |
member of a county or state central committee, presidential | 2043 |
elector, or delegate to a national convention or conference of a | 2044 |
political party. | 2045 |
(6)(a) The statements required to be filed under this section | 2046 |
shall specify the balance in the hands of the campaign committee, | 2047 |
political action
committee, | 2048 |
party, | 2049 |
electioneering and the disposition intended to be made of that | 2050 |
balance. | 2051 |
(b) The secretary of state shall prescribe the form for all | 2052 |
statements required to be filed under this section and shall | 2053 |
furnish the forms to the boards of elections in the several | 2054 |
counties. The boards of elections shall supply printed copies of | 2055 |
those forms without charge. The secretary of state shall prescribe | 2056 |
the appropriate methodology, protocol, and data file structure for | 2057 |
statements required or permitted to be filed by electronic means | 2058 |
of transmission under division (A) of this section and divisions | 2059 |
(E), (F), and (G) of section 3517.106 of the Revised Code and for | 2060 |
2061 | |
required to be | 2062 |
web site under division | 2063 |
the Revised Code. Subject to division (A) of this section and | 2064 |
divisions (E), (F), and (G) of section 3517.106 of the Revised | 2065 |
Code, the statements required to be stored on computer by the | 2066 |
secretary of state under division (B) of section 3517.106 of the | 2067 |
Revised Code shall be filed in whatever format the secretary of | 2068 |
state considers necessary to enable the secretary of state to | 2069 |
store the information contained in the statements on computer. Any | 2070 |
such format shall be of a type and nature that is readily | 2071 |
available to whoever is required to file the statements in that | 2072 |
format. | 2073 |
(c) The secretary of state shall assess the need for training | 2074 |
regarding the filing of campaign finance statements by electronic | 2075 |
means of transmission, the reporting of contribution and | 2076 |
expenditure information on a campaign finance web site, and | 2077 |
2078 | |
committees, political action
committees,
| 2079 |
2080 | |
entities engaging in electioneering, or individuals, partnerships, | 2081 |
or other entities required or permitted to file statements by | 2082 |
electronic means of transmission under this section or section | 2083 |
3517.105 or 3517.106 of the Revised Code or required to report | 2084 |
contribution and expenditure information on a campaign finance web | 2085 |
site under division (C) of section 3517.1011 of the Revised Code. | 2086 |
If, in the opinion of the secretary of state, training in these | 2087 |
areas is necessary, the secretary of state shall arrange for the | 2088 |
provision of voluntary training programs for candidates, campaign | 2089 |
committees, political
action committees, | 2090 |
2091 | |
entities engaging in electioneering, and individuals, | 2092 |
partnerships, and other entities. | 2093 |
(7) Each monthly statement and each two-business-day | 2094 |
statement required by division (A) of this section shall contain | 2095 |
the information required by divisions (B)(1) to (4), (C)(2), and, | 2096 |
if appropriate, (C)(3) of this section. Each statement shall be | 2097 |
signed as required by division (C)(1) of this section. | 2098 |
(D)(1) Prior to receiving a contribution or making an | 2099 |
expenditure, every campaign committee, political action committee, | 2100 |
2101 | |
contributing entity, or entity engaging in electioneering shall | 2102 |
appoint a treasurer and shall file, on a form prescribed by the | 2103 |
secretary of state, a designation of that appointment, including | 2104 |
the full name and address of the treasurer and of the campaign | 2105 |
committee, political
action committee,
| 2106 |
political
party, | 2107 |
engaging in electioneering. That designation shall be filed with | 2108 |
the official with whom the campaign committee, political action | 2109 |
committee, | 2110 |
political contributing entity, or entity engaging in | 2111 |
electioneering is required to file statements under section | 2112 |
3517.11 of the Revised Code. The name of a campaign committee | 2113 |
shall include at least the last name of the campaign committee's | 2114 |
candidate. The secretary of state shall assign a registration | 2115 |
number to each political action committee that files a designation | 2116 |
of the appointment of a treasurer under division (D)(1) of this | 2117 |
section if the political action committee is required by division | 2118 |
(A)(1) of section 3517.11 of the Revised Code to file the | 2119 |
statements prescribed by this section with the secretary of state. | 2120 |
(2) The treasurer appointed under division (D)(1) of this | 2121 |
section shall keep a strict account of all contributions, from | 2122 |
whom received and the purpose for which they were disbursed. | 2123 |
(3)(a) Except as otherwise provided in section 3517.108 of | 2124 |
the Revised Code, a campaign committee shall deposit all monetary | 2125 |
contributions received by the committee into an account separate | 2126 |
from a personal or business account of the candidate or campaign | 2127 |
committee. | 2128 |
(b) A political action committee shall deposit all monetary | 2129 |
contributions received by the committee into an account separate | 2130 |
from all other funds. | 2131 |
(c) A state or county political party | 2132 |
2133 | |
contains the public moneys received from the Ohio political party | 2134 |
fund
under
section 3517.17 of the Revised Code and from | 2135 |
2136 | |
party pursuant to section 3517.101 of the Revised Code. A state or | 2137 |
county political party | 2138 |
this fund any amounts of monetary contributions that are made to | 2139 |
or accepted by the political party subject to the applicable | 2140 |
limitations, if any, prescribed in section 3517.102 of the Revised | 2141 |
Code | 2142 |
other
| 2143 |
2144 | |
2145 | |
received from the Ohio political party fund under section 3517.17 | 2146 |
of the Revised Code and gifts received pursuant to section | 2147 |
3517.101 of the Revised Code. All amounts deposited into this fund | 2148 |
shall be considered to be contributions for the purpose of this | 2149 |
chapter, and all amounts expended from this fund shall be | 2150 |
considered to be expenditures for the purpose of this chapter. | 2151 |
| 2152 |
2153 | |
2154 | |
2155 | |
2156 | |
2157 | |
2158 | |
2159 | |
2160 | |
2161 | |
2162 | |
2163 | |
2164 | |
2165 |
(4) Every expenditure in excess of twenty-five dollars shall | 2166 |
be vouched for by a receipted bill, stating the purpose of the | 2167 |
2168 | |
of expenditures. A canceled check with a notation of the purpose | 2169 |
of the expenditure is a receipted bill for purposes of division | 2170 |
(D)(4) of this section. | 2171 |
(5) The secretary of state or the board of elections, as the | 2172 |
case may be, shall issue a receipt for each statement filed under | 2173 |
this section and shall preserve a copy of the receipt for a period | 2174 |
of at least six years. All statements filed under this section | 2175 |
shall be open to public inspection in the office where they are | 2176 |
filed and shall be carefully preserved for a period of at least | 2177 |
six years after the year in which they are filed. | 2178 |
(6) The secretary of state, by rule adopted pursuant to | 2179 |
section 3517.23 of the
Revised
Code, shall prescribe | 2180 |
the following: | 2181 |
(a) The manner of immediately acknowledging, with date and | 2182 |
time received, and preserving the receipt of statements that are | 2183 |
transmitted by electronic means of transmission to the secretary | 2184 |
of state pursuant to this section or section 3517.106 of the | 2185 |
Revised
Code
| 2186 |
(b) The manner of immediately acknowledging, with date and | 2187 |
time reported, and preserving the report of contribution and | 2188 |
expenditure information reported on a campaign finance web site | 2189 |
under division (C) of section 3517.1011 of the Revised Code; | 2190 |
(c) The manner of preserving the contribution and expenditure | 2191 |
information in | 2192 |
divisions (D)(6)(a) and (b) of this section. The secretary of | 2193 |
state shall preserve the contribution and expenditure information | 2194 |
in those statements and reports for at least ten years after the | 2195 |
year in which they are
filed | 2196 |
(7) The secretary of state, pursuant to division (I) of | 2197 |
section 3517.106 of the Revised Code, shall make available online | 2198 |
to the public through the internet the contribution and | 2199 |
expenditure information in all statements, all addenda, | 2200 |
amendments, or other corrections to statements, and all amended | 2201 |
statements filed with the secretary of state by electronic or | 2202 |
other means of transmission under this section, division (B)(2)(b) | 2203 |
or (C)(2)(b) of section 3517.105, or section 3517.106 or 3517.11 | 2204 |
of the Revised Code and all contribution and expenditure | 2205 |
information reported on a campaign finance web site under division | 2206 |
(C) of section 3517.1011 of the Revised Code. The secretary of | 2207 |
state may remove the information from the internet after a | 2208 |
reasonable period of time. | 2209 |
(E)(1) Any person, political party, campaign committee, | 2210 |
2211 | |
political contributing entity, or entity engaging in | 2212 |
electioneering that makes a contribution in connection with the | 2213 |
nomination or election of any candidate or in connection with any | 2214 |
ballot issue or question at any election held or to be held in | 2215 |
this state shall provide its full name and address to the | 2216 |
recipient of the contribution, and to the political fundraiser | 2217 |
through which the contribution was raised, if any, at the time the | 2218 |
contribution is made. The political action committee also shall | 2219 |
provide the registration number assigned to the committee under | 2220 |
division (D)(1) of this section to the recipient of the | 2221 |
contribution at the time the contribution is made. | 2222 |
(2) Any individual who makes a contribution that exceeds one | 2223 |
hundred dollars | 2224 |
2225 | |
shall provide the name of the individual's current employer, if | 2226 |
any, or, if the individual is self-employed, the individual's | 2227 |
occupation and the name of the individual's business, if any, to | 2228 |
the recipient of the contribution at the time the contribution is | 2229 |
made. Sections 3599.39 and 3599.40 of the Revised Code do not | 2230 |
apply to division (E)(2) of this section. | 2231 |
(3) If a campaign committee shows that it has exercised its | 2232 |
best efforts to obtain, maintain, and submit the information | 2233 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 2234 |
that committee is considered to have met the requirements of those | 2235 |
divisions. A campaign committee shall not be considered to have | 2236 |
exercised its best efforts unless, in connection with written | 2237 |
solicitations, it regularly includes a written request for the | 2238 |
information required under division (B)(4)(b)(ii) of this section | 2239 |
from the contributor or the information required under division | 2240 |
(B)(4)(b)(iii) of this section from whoever transmits the | 2241 |
contribution. | 2242 |
(4) Any check that a political action committee uses to make | 2243 |
a contribution or an expenditure shall contain the full name and | 2244 |
address of the committee and the registration number assigned to | 2245 |
the committee under division (D)(1) of this section. | 2246 |
(5) Any political fundraiser that raises contributions for, | 2247 |
at the request of, for the benefit of, or on behalf of a campaign | 2248 |
committee, political party, political action committee, political | 2249 |
contributing entity, or entity engaging in electioneering shall | 2250 |
provide both of the following to the campaign committee, political | 2251 |
party, political action committee, political contributing entity, | 2252 |
or entity engaging in electioneering: | 2253 |
(a) The name, occupation, and employer of the political | 2254 |
fundraiser; | 2255 |
(b) The identity of each contributor and the amount of each | 2256 |
contribution raised through the efforts of the political | 2257 |
fundraiser. | 2258 |
(F) As used in this section: | 2259 |
(1) "Address" means all of the following if they exist: | 2260 |
apartment number, street, road, or highway name and number, rural | 2261 |
delivery route number, city or village, state, and zip code as | 2262 |
used in a person's post-office address, but not post-office box. | 2263 |
If an address is required in this section, a post-office box and | 2264 |
office, room, or suite number may be included in addition to but | 2265 |
not in lieu of an apartment, street, road, or highway name and | 2266 |
number. If an address is required in this section, a campaign | 2267 |
committee, political action committee, | 2268 |
political party, | 2269 |
engaging in electioneering may use the business or residence | 2270 |
address of its treasurer or deputy treasurer. The post-office box | 2271 |
number of the campaign committee, political action committee, | 2272 |
2273 | |
contributing entity, or entity engaging in electioneering may be | 2274 |
used in addition to that address. | 2275 |
(2) "Statewide candidate" means the joint candidates for the | 2276 |
offices of governor and lieutenant governor or a candidate for the | 2277 |
office of secretary of state, auditor of state, treasurer of | 2278 |
state, attorney general, member of the state board of education, | 2279 |
chief justice of the supreme court, or justice of the supreme | 2280 |
court. | 2281 |
(G) An independent expenditure shall be reported whenever and | 2282 |
in the same manner that an expenditure is required to be reported | 2283 |
under this section and shall be reported pursuant to division | 2284 |
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. | 2285 |
(H)(1) Except as otherwise provided in division (H)(2) of | 2286 |
this section, if, during the combined | 2287 |
postelection reporting periods for an election, a campaign | 2288 |
committee has received contributions of five hundred dollars or | 2289 |
less and has made expenditures in the total amount of five hundred | 2290 |
dollars or less, it may file a statement to that effect, under | 2291 |
penalty of election falsification, in lieu of the statement | 2292 |
required by division (A)(2) of this section. The statement shall | 2293 |
indicate the total amount of contributions received and the total | 2294 |
amount of expenditures made during those combined reporting | 2295 |
periods. | 2296 |
(2) In the case of a successful candidate at a primary | 2297 |
election, if either the total contributions received by or the | 2298 |
total expenditures made by the candidate's campaign committee | 2299 |
during the preprimary, postprimary, pregeneral, and postgeneral | 2300 |
election periods combined equal more than five hundred dollars, | 2301 |
the campaign committee may file the statement under division | 2302 |
(H)(1) of this section only for the primary election. The first | 2303 |
statement that the campaign committee files in regard to the | 2304 |
general election shall reflect all contributions received and all | 2305 |
expenditures made during the preprimary and postprimary election | 2306 |
periods. | 2307 |
(3) Divisions (H)(1) and (2) of this section do not apply if | 2308 |
a campaign committee receives contributions or makes expenditures | 2309 |
prior to the first day of January of the year of the election at | 2310 |
which the candidate seeks nomination or election to office or if | 2311 |
the campaign committee does not file a termination statement with | 2312 |
its postprimary election statement in the case of an unsuccessful | 2313 |
primary election candidate or with its postgeneral election | 2314 |
statement in the case of other candidates. | 2315 |
(I) In the case of a contribution made by a partnership or | 2316 |
unincorporated business, all of the following apply: | 2317 |
(1) The recipient of the contribution shall report the | 2318 |
contribution by listing both the partnership or unincorporated | 2319 |
business and the name of the partner or owner making the | 2320 |
contribution. | 2321 |
(2) For purposes of section 3517.102 of the Revised Code, the | 2322 |
contribution shall be considered to have been made by the partner | 2323 |
or owner reported under division (I)(1) of this section. | 2324 |
(3) No contribution from a partnership or unincorporated | 2325 |
business shall be accepted unless the recipient reports the | 2326 |
contribution under division (I)(1) of this section. | 2327 |
(J) A candidate shall have only one campaign committee at any | 2328 |
given time for all of the offices for which the person is a | 2329 |
candidate or holds office. | 2330 |
(K)(1) In addition to filing a designation of appointment of | 2331 |
a treasurer under division (D)(1) of this section, the campaign | 2332 |
committee of any candidate for an elected municipal office that | 2333 |
pays an annual amount of compensation of five thousand dollars or | 2334 |
less, the campaign committee of any candidate for member of a | 2335 |
board of education except member of the state board of education, | 2336 |
or the campaign committee of any candidate for township trustee or | 2337 |
township clerk may sign, under penalty of election falsification, | 2338 |
a certificate attesting that the committee will not accept | 2339 |
contributions during an election period that exceed in the | 2340 |
aggregate two thousand dollars from all contributors and one | 2341 |
hundred dollars from any one individual, and that the campaign | 2342 |
committee will not make expenditures during an election period | 2343 |
that exceed in the aggregate two thousand dollars. | 2344 |
The certificate shall be on a form prescribed by the | 2345 |
secretary of state and shall be filed not later than ten days | 2346 |
after the candidate files a declaration of candidacy and petition, | 2347 |
a nominating petition, or a declaration of intent to be a write-in | 2348 |
candidate. | 2349 |
(2) Except as otherwise provided in division (K)(3) of this | 2350 |
section, a campaign committee that files a certificate under | 2351 |
division (K)(1) of this section is not required to file the | 2352 |
statements required by division (A) of this section. | 2353 |
(3) If, after filing a certificate under division (K)(1) of | 2354 |
this section, a campaign committee exceeds any of the limitations | 2355 |
described in that division during an election period, the | 2356 |
certificate is void and thereafter the campaign committee shall | 2357 |
file the statements required by division (A) of this section. If | 2358 |
the campaign committee has not previously filed a statement, then | 2359 |
on the first statement the campaign committee is required to file | 2360 |
under division (A) of this section after the committee's | 2361 |
certificate is void, the committee shall report all contributions | 2362 |
received and expenditures made from the time the candidate filed | 2363 |
the candidate's declaration of candidacy and petition, nominating | 2364 |
petition, or declaration of intent to be a write-in candidate. | 2365 |
(4) As used in division (K) of this section, "election | 2366 |
period" means the period of time beginning on the day a person | 2367 |
files a declaration of candidacy and petition, nominating | 2368 |
petition, or declaration of intent to be a write-in candidate | 2369 |
through the day of the election at which the person seeks | 2370 |
nomination to office if the person is not elected to office, or, | 2371 |
if the candidate was nominated in a primary election, the day of | 2372 |
the election at which the candidate seeks office. | 2373 |
(L) Notwithstanding division (B)(4) of this section, a | 2374 |
political contributing entity that receives contributions from the | 2375 |
dues, membership fees, or other assessments of its members or from | 2376 |
its officers, shareholders, and employees may report the aggregate | 2377 |
amount of contributions received from those contributors and the | 2378 |
number of individuals making those contributions, for each filing | 2379 |
period identified under divisions (A)(1), (2), and (3) of this | 2380 |
section. Division (B)(4) of this section applies to a political | 2381 |
contributing entity with regard to contributions it receives from | 2382 |
all other contributors. | 2383 |
Sec. 3517.102. (A) Except as otherwise provided in section | 2384 |
3517.103 of the Revised Code, as used in this section and sections | 2385 |
3517.103 and 3517.104 of the Revised Code: | 2386 |
(1)
| 2387 |
2388 | |
2389 | |
2390 | |
2391 | |
2392 |
| 2393 |
means the joint candidates for the offices of governor and | 2394 |
lieutenant governor or a candidate for the office of secretary of | 2395 |
state, auditor of state, treasurer of state, attorney general, | 2396 |
member of the state board of education, chief justice of the | 2397 |
supreme court, or justice of the supreme court. | 2398 |
| 2399 |
state senator. | 2400 |
| 2401 |
state representative. | 2402 |
| 2403 |
the beginning date of the candidate's pre-filing period specified | 2404 |
in division (A) | 2405 |
ends on the day of the primary election. | 2406 |
(b) In regard to any candidate, the "general election period" | 2407 |
begins on the day after the primary election immediately preceding | 2408 |
the general election at which the candidate seeks an office | 2409 |
specified in division (A)(1) of this section and ends on the | 2410 |
thirty-first day of December following that general election. | 2411 |
| 2412 |
2413 | |
2414 |
| 2415 |
filed under division (A)(2) of section 3517.10 of the Revised Code | 2416 |
by the campaign committee of a candidate after the general | 2417 |
election in which the candidate ran
for office
| 2418 |
2419 | |
2420 |
| 2421 |
to be reported in the statement of contributions under section | 2422 |
3517.10 of the Revised Code. | 2423 |
| 2424 |
2425 | |
2426 |
| 2427 |
2428 | |
2429 | |
2430 |
| 2431 |
2432 | |
2433 | |
2434 | |
2435 | |
2436 |
| 2437 |
2438 |
| 2439 |
2440 | |
2441 | |
2442 |
| 2443 |
2444 | |
2445 | |
2446 |
(B)(1) No individual shall make a contribution or | 2447 |
contributions aggregating more than: | 2448 |
(a) Two thousand | 2449 |
committee of any one | 2450 |
period or in a general election period; | 2451 |
(b) | 2452 |
2453 | |
2454 |
| 2455 |
2456 | |
2457 |
| 2458 |
party
| 2459 |
2460 | |
period or in a general election period; | 2461 |
| 2462 |
political
party | 2463 |
2464 |
| 2465 |
committee
in a | 2466 |
general election period; | 2467 |
| 2468 |
contributing
entity in a | 2469 |
in a general election period; | 2470 |
(f) A total of twenty-five thousand dollars to any | 2471 |
combination of campaign committees, county political parties, | 2472 |
state political parties, political action committees, and | 2473 |
political contributing entities in a calendar year. | 2474 |
(2) Subject to division (D)(1) of this section, no political | 2475 |
action committee shall make a contribution or contributions | 2476 |
aggregating more than: | 2477 |
(a) Two thousand | 2478 |
committee of any one | 2479 |
period or in a general election period; | 2480 |
(b) | 2481 |
2482 | |
2483 |
| 2484 |
2485 | |
2486 |
| 2487 |
party
| 2488 |
2489 | |
period or in a general election period; | 2490 |
| 2491 |
political
party | 2492 |
2493 |
| 2494 |
action committee or to a political contributing entity in a | 2495 |
2496 | |
period. This division does not apply to a political action | 2497 |
committee that makes a contribution to a political action | 2498 |
committee or to a political contributing entity affiliated with | 2499 |
it. For purposes of this division, a political action committee is | 2500 |
affiliated with another political action committee or with a | 2501 |
political contributing entity if they are both established, | 2502 |
financed, maintained, or controlled by, or if they are, the same | 2503 |
corporation, organization, labor organization, continuing | 2504 |
association, or other person, including any parent, subsidiary, | 2505 |
division, or department of that corporation, organization, labor | 2506 |
organization, continuing association, or other person. | 2507 |
(3) No campaign committee shall make a contribution or | 2508 |
contributions aggregating more than: | 2509 |
(a) Two thousand five hundred dollars to the campaign | 2510 |
committee
of any one | 2511 |
period or in a general election period; | 2512 |
(b) | 2513 |
2514 | |
2515 |
| 2516 |
2517 | |
2518 |
| 2519 |
action committee in a | 2520 |
a general election period; | 2521 |
| 2522 |
contributing entity in a | 2523 |
in a general election period. | 2524 |
(4) Subject to division (D)(3) of this section, no political | 2525 |
party shall make a contribution or contributions aggregating more | 2526 |
than two thousand | 2527 |
committee or to any one political contributing entity in a | 2528 |
2529 | |
period. | 2530 |
(5) No campaign committee | 2531 |
2532 | |
aggregating in a | 2533 |
general election period more than: | 2534 |
(a) | 2535 |
party | 2536 |
(b) | 2537 |
2538 |
| 2539 |
party
| 2540 |
(6) | 2541 |
2542 | |
2543 | |
2544 | |
2545 |
| 2546 |
2547 |
| 2548 |
2549 |
| 2550 |
party
shall make a | 2551 |
contributions | 2552 |
2553 | |
election period aggregating more than | 2554 |
| 2555 |
committee
of any one
| 2556 |
| 2557 |
2558 |
| 2559 |
2560 |
| 2561 |
2562 | |
2563 | |
2564 |
| 2565 |
2566 | |
2567 |
| 2568 |
2569 | |
2570 |
| 2571 |
2572 | |
2573 |
| 2574 |
2575 | |
2576 | |
2577 | |
2578 | |
2579 | |
2580 | |
2581 | |
2582 | |
2583 |
| 2584 |
2585 | |
2586 |
(7) Subject to division (D)(1) of this section, no political | 2587 |
contributing entity shall make a contribution or contributions | 2588 |
aggregating more than: | 2589 |
(a) Two thousand | 2590 |
committee of any one | 2591 |
period or in a general election period; | 2592 |
(b) | 2593 |
2594 | |
2595 |
| 2596 |
2597 | |
2598 |
| 2599 |
party
| 2600 |
2601 | |
period or in a general election period; | 2602 |
| 2603 |
political
party | 2604 |
2605 |
| 2606 |
contributing entity or to a political action committee in a | 2607 |
2608 | |
period. This division does not apply to a political contributing | 2609 |
entity that makes a contribution to a political contributing | 2610 |
entity or to a political action committee affiliated with it. For | 2611 |
purposes of this division, a political contributing entity is | 2612 |
affiliated with another political contributing entity or with a | 2613 |
political action committee if they are both established, financed, | 2614 |
maintained, or controlled by, or if they are, the same | 2615 |
corporation, organization, labor organization, continuing | 2616 |
association, or other person, including any parent, subsidiary, | 2617 |
division, or department of that corporation, organization, labor | 2618 |
organization, continuing association, or other person. | 2619 |
(C)(1) Subject to division (D)(1) of this section, no | 2620 |
campaign committee | 2621 |
contribution or contributions aggregating more than two thousand | 2622 |
2623 | |
political action committee, from any one political contributing | 2624 |
entity, | 2625 |
county political party, or from any one state political party in a | 2626 |
primary election period or in a general election period. | 2627 |
(2) | 2628 |
2629 | |
2630 | |
2631 | |
2632 | |
2633 | |
2634 | |
2635 | |
period. | 2636 |
| 2637 |
2638 | |
2639 | |
2640 | |
2641 | |
2642 | |
2643 | |
2644 | |
2645 |
| 2646 |
political party shall accept a
contribution or contributions | 2647 |
2648 | |
thousand dollars from any one individual, from any one political | 2649 |
action committee, from any one political contributing entity, or | 2650 |
from any one campaign committee | 2651 |
2652 | |
in a general election period. | 2653 |
(b) Subject to division (D)(1) of this section, no state | 2654 |
political party
shall accept a contribution or contributions | 2655 |
2656 | |
thousand dollars from any one individual, from any one political | 2657 |
action committee, from any one political contributing entity, or | 2658 |
from any one campaign committee | 2659 |
2660 | |
in a general election period. | 2661 |
| 2662 |
2663 | |
2664 | |
2665 | |
2666 | |
2667 | |
2668 |
| 2669 |
2670 | |
2671 | |
2672 |
| 2673 |
2674 |
| 2675 |
2676 | |
2677 | |
2678 |
| 2679 |
2680 |
| 2681 |
2682 | |
2683 |
| 2684 |
2685 | |
2686 |
| 2687 |
2688 | |
2689 |
| 2690 |
political action committee and no political contributing entity | 2691 |
shall accept a contribution or contributions aggregating more than | 2692 |
2693 | |
2694 | |
or from any one political party in a primary election period or in | 2695 |
a general election period. | 2696 |
(b) Subject to division (D)(1) of this section, no political | 2697 |
action committee shall accept a contribution or contributions | 2698 |
aggregating more than two thousand | 2699 |
another political action committee or from a political | 2700 |
contributing entity in a | 2701 |
in a general election period. Subject to division (D)(1) of this | 2702 |
section, no political contributing entity shall accept a | 2703 |
contribution or contributions aggregating more than two thousand | 2704 |
2705 | |
from a political action
committee in a | 2706 |
election period or in a general election period. This division | 2707 |
does not apply to a political action committee or political | 2708 |
contributing entity that accepts a contribution from a political | 2709 |
action committee or political contributing entity affiliated with | 2710 |
it. For purposes of this division, a political action committee is | 2711 |
affiliated with another political action committee or with a | 2712 |
political contributing entity if they are established, financed, | 2713 |
maintained, or controlled by the same corporation, organization, | 2714 |
labor organization, continuing association, or other person, | 2715 |
including any parent, subsidiary, division, or department of that | 2716 |
corporation, organization, labor organization, continuing | 2717 |
association, or other person. | 2718 |
(D)(1)(a) For purposes of the limitations prescribed in | 2719 |
division (B)(2) of this section and the limitations prescribed in | 2720 |
divisions (C)(1), (2), | 2721 |
section, whichever is applicable, all contributions made by and | 2722 |
all contributions accepted from political action committees that | 2723 |
are established, financed, maintained, or controlled by the same | 2724 |
corporation, organization, labor organization, continuing | 2725 |
association, or other person, including any parent, subsidiary, | 2726 |
division, or department of that corporation, organization, labor | 2727 |
organization, continuing association, or other person, are | 2728 |
considered to have been made by or accepted from a single | 2729 |
political action committee. | 2730 |
(b) For purposes of the limitations prescribed in division | 2731 |
(B)(7) of this section and the limitations prescribed in divisions | 2732 |
(C)(1),
(2), | 2733 |
whichever is applicable, all contributions made by and all | 2734 |
contributions accepted from political contributing entities that | 2735 |
are established, financed, maintained, or controlled by, or that | 2736 |
are, the same corporation, organization, labor organization, | 2737 |
continuing association, or other person, including any parent, | 2738 |
subsidiary, division, or department of that corporation, | 2739 |
organization, labor organization, continuing association, or other | 2740 |
person, are considered to have been made by or accepted from a | 2741 |
single political contributing entity. | 2742 |
(2) As used in divisions (B)(1) | 2743 |
and
(C) | 2744 |
not include a political action committee that is organized to | 2745 |
support or oppose a ballot issue or question and that makes no | 2746 |
contributions to or expenditures on behalf of a political party, | 2747 |
campaign committee, | 2748 |
committee, or political contributing entity. As used in divisions | 2749 |
(B)(1) | 2750 |
"political contributing entity" does not include a political | 2751 |
contributing entity that is organized to support or oppose a | 2752 |
ballot issue or question and that makes no contributions to or | 2753 |
expenditures on behalf of a political party, campaign committee, | 2754 |
2755 | |
political contributing entity. | 2756 |
(3) For purposes of the limitations prescribed in divisions | 2757 |
(B)(4) and
(C) | 2758 |
and all contributions accepted from a national political party, a | 2759 |
state political party, and a county political party are considered | 2760 |
to have been made by or accepted from a single political party and | 2761 |
shall be combined with each other to determine whether the | 2762 |
limitations have been exceeded. | 2763 |
(E) | 2764 |
2765 | |
2766 | |
2767 | |
2768 | |
2769 |
| 2770 |
2771 | |
2772 | |
2773 | |
2774 | |
2775 | |
2776 | |
2777 | |
2778 | |
2779 | |
2780 | |
2781 | |
2782 | |
2783 | |
2784 | |
2785 | |
2786 | |
2787 | |
2788 | |
2789 | |
2790 |
| 2791 |
2792 | |
2793 | |
2794 |
| 2795 |
2796 | |
2797 | |
2798 |
| 2799 |
2800 | |
2801 |
| 2802 |
2803 | |
2804 |
| 2805 |
2806 | |
2807 |
| 2808 |
2809 |
| 2810 |
2811 |
| 2812 |
determining, or supersede a limitation on campaign contributions | 2813 |
as provided for in the Federal Election Campaign Act. | 2814 |
(F) Any contribution that is made, received, or used to pay | 2815 |
the direct costs or indirect costs of producing or airing | 2816 |
electioneering communications shall be subject to the contribution | 2817 |
limits imposed by this section. | 2818 |
Sec. 3517.103. (A) For purposes of this section: | 2819 |
(1) "Statewide candidate" means the joint candidates for the | 2820 |
offices of governor and lieutenant governor or a candidate for the | 2821 |
office of secretary of state, auditor of state, treasurer of | 2822 |
state, attorney general, or member of the state board of | 2823 |
education. | 2824 |
(2) "Personal funds" means contributions to the campaign | 2825 |
committee of a candidate by the candidate or by the candidate's | 2826 |
spouse, parents, children, sons-in-law, daughters-in-law, | 2827 |
brothers, sisters, grandparents, mother-in-law, father-in-law, | 2828 |
brothers-in-law, sisters-in-law, or grandparents by marriage. | 2829 |
(3) When a debt or other obligation incurred by a committee | 2830 |
or by a candidate on behalf of the candidate's committee described | 2831 |
in division (C)(1) or (2) of this section is to be paid from | 2832 |
personal funds, those funds are considered to be expended when the | 2833 |
debt or obligation is incurred, regardless of when it is paid. | 2834 |
(4) For purposes of | 2835 |
chapter, a candidate is an "opponent" when the candidate has | 2836 |
indicated on the candidate's most recently filed designation of | 2837 |
treasurer that the candidate seeks the same office at the same | 2838 |
primary or general election as another candidate whose campaign | 2839 |
committee has filed a personal funds notice required by division | 2840 |
(C)(1) or (2) of this section. | 2841 |
(B)(1) Except as otherwise provided in division (B)(2) of | 2842 |
this section, no | 2843 |
2844 | |
personal funds to influence the results of an election for that | 2845 |
candidate's nomination or election to office unless the personal | 2846 |
funds are first deposited into the campaign fund of that | 2847 |
candidate's campaign committee. | 2848 |
(2) A | 2849 |
2850 | |
first depositing those funds into the campaign committee's funds | 2851 |
as long as the aggregate total of those expenditures does not | 2852 |
exceed five hundred dollars at any time during an election period. | 2853 |
After the candidate's campaign committee reimburses the candidate | 2854 |
for any direct expenditure of personal funds, the amount that was | 2855 |
reimbursed is no longer included in the aggregate total of | 2856 |
expenditures of personal funds subject to the five-hundred-dollar | 2857 |
limit. | 2858 |
(C)(1) If the campaign committee of any statewide candidate | 2859 |
has received or expended or expects to expend more than one | 2860 |
hundred thousand dollars of personal funds during a primary | 2861 |
election period or one hundred fifty thousand dollars of personal | 2862 |
funds during a general election period, the campaign committee | 2863 |
shall file a personal funds notice in the manner provided in | 2864 |
division (C)(3) of this section indicating that the committee has | 2865 |
received or expended or expects to expend more than that amount. | 2866 |
For the purpose of this division, a joint team of candidates for | 2867 |
governor and lieutenant governor shall be considered a single | 2868 |
candidate and their personal funds shall be combined. | 2869 |
(2) If the campaign committee of any | 2870 |
2871 | |
expects to expend more than twenty-five thousand dollars of | 2872 |
personal funds during a primary election period or twenty-five | 2873 |
thousand dollars of personal funds during a general election | 2874 |
period, the campaign committee shall file a personal funds notice | 2875 |
in the manner provided in division (C)(3) of this section | 2876 |
indicating that the committee has received or expended or expects | 2877 |
to expend more than that amount. | 2878 |
(3) The personal funds notice required in divisions (C)(1) | 2879 |
and (2) of this section and the declaration of no limits required | 2880 |
under division (D)(2) of this section shall be on a form | 2881 |
prescribed by the secretary of state. The personal funds notice | 2882 |
required in divisions (C)(1) and (2) of this section shall be | 2883 |
filed not later than the earlier of the following times: | 2884 |
(a) One hundred twenty days before a primary election, in the | 2885 |
case of personal funds received, expended, or expected to be | 2886 |
expended during a primary election period, or not later than one | 2887 |
hundred twenty days before a general election, in the case of | 2888 |
personal funds received, expended, or expected to be expended | 2889 |
during a general election period; | 2890 |
(b) Two business days after the candidate's campaign | 2891 |
committee receives or makes an expenditure of personal funds or | 2892 |
the candidate makes an expenditure of personal funds on behalf of | 2893 |
the candidate's campaign committee during that election period | 2894 |
that exceed, in the aggregate, the amount specified in division | 2895 |
(C)(1) or (2) of this section. | 2896 |
The personal funds notice required under divisions (C)(1) and | 2897 |
(2) of this section and the declaration of no limits required | 2898 |
under division (D)(2) of this section shall be filed wherever the | 2899 |
campaign committee files statements of contributions and | 2900 |
expenditures under section 3517.11 of the Revised Code. The board | 2901 |
of elections shall send to the secretary of state a copy of any | 2902 |
personal funds notice or declaration of no limits filed by the | 2903 |
campaign committee of | 2904 |
with the board of elections under division (C)(3) or (D)(2) of | 2905 |
this section. | 2906 |
(D)(1) Whenever a campaign committee files a notice under | 2907 |
division (C)(1) or (2) of this section, and the campaign committee | 2908 |
of an opponent files a declaration of no limits pursuant to | 2909 |
division (D)(2) of this section within thirty days of the filing | 2910 |
of the personal funds notice under division (C)(1) or (2) of this | 2911 |
section, the contribution limitations prescribed in section | 2912 |
3517.102 of the Revised Code no longer apply to the campaign | 2913 |
committee of the candidate's opponent. | 2914 |
(2) No campaign committee of a candidate described in | 2915 |
division (D)(1) of this section shall accept any contribution or | 2916 |
contributions from a contributor that exceed the limitations | 2917 |
prescribed in section 3517.102 of the Revised Code until the | 2918 |
committee files a declaration that the committee will accept | 2919 |
contributions that exceed those limitations. This declaration | 2920 |
shall be filed not later than thirty days after a candidate's | 2921 |
opponent has filed a personal funds notice pursuant to division | 2922 |
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be | 2923 |
referred to as the "declaration of no limits," and shall list all | 2924 |
of the following: | 2925 |
(a) The amount of cash on hand in the candidate's campaign | 2926 |
fund at the end of the day immediately preceding the day on which | 2927 |
the candidate's campaign committee files the declaration of no | 2928 |
limits; | 2929 |
(b) The value and description of all campaign assets worth | 2930 |
five hundred dollars or more available to the candidate at the end | 2931 |
of the day immediately preceding the day on which the candidate's | 2932 |
campaign committee files the declaration of no limits. | 2933 |
(3) A candidate who was not an opponent of a candidate who | 2934 |
filed the personal funds notice required under division (C)(3) of | 2935 |
this section on the date the personal funds notice was filed may | 2936 |
file the declaration of no limits pursuant to division (D)(2) of | 2937 |
this section within thirty days after becoming an opponent of the | 2938 |
candidate who filed the personal funds notice. | 2939 |
(4) If the candidate whose campaign committee filed a | 2940 |
personal funds notice under division (C)(1) or (2) of this section | 2941 |
fails to file a declaration of candidacy for the office listed on | 2942 |
the designation of treasurer filed under division (D) of section | 2943 |
3517.10 of the Revised Code or files a declaration of candidacy or | 2944 |
nominating petition for that office and dies or withdraws, both of | 2945 |
the following apply to the campaign committee of that candidate's | 2946 |
opponent if the opponent has filed a declaration of no limits | 2947 |
pursuant to division (D) of this section: | 2948 |
(a) No contribution from a contributor may thereafter be | 2949 |
accepted that, when added to the aggregate total of all | 2950 |
contributions received by that committee from that contributor | 2951 |
during the primary election period or general election period, | 2952 |
whichever is applicable, would cause that committee to exceed the | 2953 |
contribution limitations prescribed in section 3517.102 of the | 2954 |
Revised Code for the applicable election period. | 2955 |
(b) The statement of primary-day finances or the year-end | 2956 |
statement required to be filed under division (E) of section | 2957 |
3517.1010 of the Revised Code shall be filed not later than | 2958 |
fourteen days after the date the candidate's opponent fails to | 2959 |
file a declaration of candidacy or nominating petition by the | 2960 |
appropriate filing deadline, or dies or withdraws. For purposes of | 2961 |
calculating permitted funds under division
(A) | 2962 |
3517.1010 of the Revised Code, the primary or general election | 2963 |
period, whichever is applicable, shall be considered to have ended | 2964 |
on the filing deadline, in the case of an opponent who fails to | 2965 |
file a declaration of candidacy or nominating petition, or on the | 2966 |
date of the opponent's death or withdrawal. In such an event, the | 2967 |
filing of a statement of primary-day finances or year-end finances | 2968 |
and the disposing of any excess funds as required under division | 2969 |
(B) of section 3517.1010 of the Revised Code satisfies the | 2970 |
candidate's obligation to file such a statement for that election | 2971 |
period. | 2972 |
(E)(1) No campaign committee shall fail to file a personal | 2973 |
funds notice as required under division (C)(1) or (2) of this | 2974 |
section. | 2975 |
(2) No campaign committee shall accept any contribution in | 2976 |
excess of the contribution limitations prescribed in section | 2977 |
3517.102 of the Revised Code: | 2978 |
(a) Unless a declaration of no limits has been filed under | 2979 |
division (D)(2) of this section; | 2980 |
(b) In violation of division (D)(4) of this section once the | 2981 |
candidate who filed a personal funds notice under division (C)(3) | 2982 |
of this section fails to file a declaration of candidacy or | 2983 |
nominating petition or that candidate dies or withdraws. | 2984 |
(3) No campaign committee that violates division (E)(1) of | 2985 |
this section shall expend any personal funds in excess of the | 2986 |
amount specified in division (C)(1) or (2) of this section, | 2987 |
whichever is appropriate to the committee. | 2988 |
(4) The candidate of any campaign committee that violates | 2989 |
division (E) of this section shall forfeit the candidate's | 2990 |
nomination, if the candidate was nominated, or the office to which | 2991 |
the candidate was elected, if the candidate was elected to office. | 2992 |
| 2993 |
2994 | |
2995 | |
2996 | |
2997 | |
2998 | |
2999 | |
3000 | |
3001 | |
3002 |
| 3003 |
3004 |
| 3005 |
3006 | |
3007 | |
3008 |
| 3009 |
3010 | |
3011 |
Sec. 3517.105. (A)(1) As used in this section, "public | 3012 |
political advertising" means advertising to the general public | 3013 |
through a broadcasting station, newspaper, magazine, poster, yard | 3014 |
sign, or outdoor advertising facility, by direct mail, or by any | 3015 |
other means of advertising to the general public. | 3016 |
(2) For purposes of this section and section 3517.20 of the | 3017 |
Revised Code, a person is a member of a political action committee | 3018 |
if the person makes one or more contributions to that political | 3019 |
action committee, and a person is a member of a political | 3020 |
contributing entity if the person makes one or more contributions | 3021 |
to, or pays dues, membership fees, or other assessments to, that | 3022 |
political contributing entity. | 3023 |
(B)(1) Whenever a candidate, a campaign committee, a | 3024 |
political action committee or political contributing entity with | 3025 |
ten or
more members, or | 3026 |
engaging in electioneering makes an independent expenditure, or | 3027 |
whenever a political action committee or political contributing | 3028 |
entity with fewer than ten members makes an independent | 3029 |
expenditure in excess of one hundred dollars for a local | 3030 |
candidate, in excess of two hundred fifty dollars for a candidate | 3031 |
for the office of member of the general assembly, or in excess of | 3032 |
five hundred dollars for a statewide candidate, for the purpose of | 3033 |
financing communications advocating the election or defeat of an | 3034 |
identified candidate or solicits without the candidate's express | 3035 |
consent a contribution for or against an identified candidate | 3036 |
through public political advertising, a statement shall appear or | 3037 |
be presented in a clear and conspicuous manner in the advertising | 3038 |
that does both of the following: | 3039 |
(a) Clearly indicates that the communication or public | 3040 |
political advertising is not authorized by the candidate or the | 3041 |
candidate's campaign committee; | 3042 |
(b) Clearly identifies the candidate, campaign committee, | 3043 |
political action committee, political contributing entity, or | 3044 |
3045 | |
has paid for the communication or public political advertising in | 3046 |
accordance with section 3517.20 of the Revised Code. | 3047 |
(2)(a) Whenever any campaign committee, | 3048 |
3049 | |
entity engaging in electioneering, or political party makes an | 3050 |
independent expenditure in support of or opposition to any | 3051 |
candidate, the committee,
entity, | 3052 |
independent expenditure and identify the candidate on a statement | 3053 |
prescribed by the secretary of state and filed by the committee, | 3054 |
entity, | 3055 |
contributions and expenditures pursuant to division (A) of section | 3056 |
3517.10 and division (A) of section 3517.11 of the Revised Code. | 3057 |
(b) Whenever any individual, partnership, or other entity, | 3058 |
except a corporation, labor organization, campaign committee, | 3059 |
3060 | |
contributing entity, entity engaging in electioneering, or | 3061 |
political party, makes one or more independent expenditures in | 3062 |
support of or opposition to any candidate, the individual, | 3063 |
partnership, or other entity shall file with the secretary of | 3064 |
state in the case of a statewide candidate, or with the board of | 3065 |
elections in the county in which the candidate files the | 3066 |
candidate's petitions for nomination or election for district or | 3067 |
local office, not later than the dates specified in divisions | 3068 |
(A)(1), (2), and (3) of section 3517.10 of the Revised Code, and, | 3069 |
except as otherwise provided in that section, a statement | 3070 |
itemizing all independent expenditures made during the period | 3071 |
since the close of business on the last day reflected in the last | 3072 |
previously filed such statement, if any. The statement shall be | 3073 |
made on a form prescribed by the secretary of state or shall be | 3074 |
filed by electronic means of transmission pursuant to division (G) | 3075 |
of section 3517.106 of the Revised Code as authorized or required | 3076 |
by that division. The statement shall indicate the date and the | 3077 |
amount of each independent expenditure and the candidate on whose | 3078 |
behalf it was made and shall be made under penalty of election | 3079 |
falsification. | 3080 |
(C)(1) Whenever a corporation, labor organization, campaign | 3081 |
committee, political action committee with ten or more members, or | 3082 |
3083 | |
an independent expenditure, or whenever a political action | 3084 |
committee with fewer than ten members makes an independent | 3085 |
expenditure in excess of one hundred dollars for a local ballot | 3086 |
issue or question, or in excess of five hundred dollars for a | 3087 |
statewide ballot issue or question, for the purpose of financing | 3088 |
communications advocating support of or opposition to an | 3089 |
identified ballot issue or question or solicits without the | 3090 |
express consent of the ballot issue committee a contribution for | 3091 |
or against an identified ballot issue or question through public | 3092 |
political advertising, a statement shall appear or be presented in | 3093 |
a clear and conspicuous manner in the advertising that does both | 3094 |
of the following: | 3095 |
(a) Clearly indicates that the communication or public | 3096 |
political advertising is not authorized by the identified ballot | 3097 |
issue committee; | 3098 |
(b) Clearly identifies the corporation, labor organization, | 3099 |
campaign committee, | 3100 |
electioneering, or political action committee that has paid for | 3101 |
the communication or public political advertising in accordance | 3102 |
with section 3517.20 of the Revised Code. | 3103 |
(2)(a) Whenever any corporation, labor organization, campaign | 3104 |
committee, | 3105 |
electioneering, political party, or political action committee | 3106 |
makes an independent expenditure in support of or opposition to | 3107 |
any ballot issue or question, the corporation or labor | 3108 |
organization shall report the independent expenditure in | 3109 |
accordance with division (C) of section 3599.03 of the Revised | 3110 |
Code, and the campaign committee, | 3111 |
political action committee shall report the independent | 3112 |
expenditure and identify the ballot issue or question on a | 3113 |
statement prescribed by the secretary of state and filed by the | 3114 |
campaign committee, | 3115 |
action committee as part of its statement of contributions and | 3116 |
expenditures pursuant to division (A) of section 3517.10 and | 3117 |
division (A) of section 3517.11 of the Revised Code. | 3118 |
(b) Whenever any individual, partnership, or other entity, | 3119 |
except a corporation, labor organization, campaign committee, | 3120 |
3121 | |
political action committee, or political party, makes one or more | 3122 |
independent expenditures in excess of one hundred dollars in | 3123 |
support of or opposition to any ballot issue or question, the | 3124 |
individual, partnership, or other entity shall file with the | 3125 |
secretary of state in the case of a statewide ballot issue or | 3126 |
question, or with the board of elections in the county that | 3127 |
certifies the issue or question for placement on the ballot in the | 3128 |
case of a district or local issue or question, not later than the | 3129 |
dates specified in
| 3130 |
section 3517.10 of the Revised Code, and, except as otherwise | 3131 |
provided in that section, a statement itemizing all independent | 3132 |
expenditures made during the period since the close of business on | 3133 |
the last day reflected in the last previously filed such | 3134 |
statement, if any. The statement shall be made on a form | 3135 |
prescribed by the secretary of state or shall be filed by | 3136 |
electronic means of transmission pursuant to division (G) of | 3137 |
section 3517.106 of the Revised Code as authorized or required by | 3138 |
that division. The statement shall indicate the date and the | 3139 |
amount of each independent expenditure and the ballot issue or | 3140 |
question in support of or opposition to which it was made and | 3141 |
shall be made under penalty of election falsification. | 3142 |
(3) No person, campaign committee, | 3143 |
entity engaging in electioneering, political action committee, | 3144 |
corporation, labor organization, or other organization or | 3145 |
association shall use or cause to be used a false or fictitious | 3146 |
name in making an independent expenditure in support of or | 3147 |
opposition to any candidate or any ballot issue or question. A | 3148 |
name is false or fictitious if the person, campaign committee, | 3149 |
3150 | |
political action committee, corporation, labor organization, or | 3151 |
other organization or association does not actually exist or | 3152 |
operate, if the corporation, labor organization, or other | 3153 |
organization or association has failed to file a fictitious name | 3154 |
or other registration with the secretary of state, if it is | 3155 |
required to do so, or if the person, campaign committee, | 3156 |
3157 | |
political action committee has failed to file a designation of the | 3158 |
appointment of a treasurer, if it is required to do so by division | 3159 |
(D)(1) of section 3517.10 of the Revised Code. | 3160 |
Sec. 3517.106. (A) As used in this section: | 3161 |
(1) "Statewide office" means any of the offices of governor, | 3162 |
lieutenant governor, secretary of state, auditor of state, | 3163 |
treasurer of state, attorney general, chief justice of the supreme | 3164 |
court, and justice of the supreme court. | 3165 |
(2) "Addendum to a statement" includes an amendment or other | 3166 |
correction to that statement. | 3167 |
(B)(1) The secretary of state shall store on computer the | 3168 |
information contained in statements of contributions and | 3169 |
expenditures and monthly statements required to be filed under | 3170 |
section 3517.10 of the Revised Code and in statements of | 3171 |
independent expenditures required to be filed under section | 3172 |
3517.105 of the Revised Code by any of the following: | 3173 |
| 3174 |
office; | 3175 |
| 3176 |
contributing entities described in division (A)(1) of section | 3177 |
3517.11 of the Revised Code; | 3178 |
| 3179 |
| 3180 |
| 3181 |
organizations, or other entities that make independent | 3182 |
expenditures in support of or opposition to a statewide candidate | 3183 |
or a statewide ballot issue or question; | 3184 |
| 3185 |
of member of the general assembly; | 3186 |
(f) The campaign committees of all other candidates required | 3187 |
to file campaign finance statements by electronic means of | 3188 |
transmission under division (F) of this section; | 3189 |
(g) Entities engaging in electioneering. | 3190 |
(2) The secretary of state shall store on computer the | 3191 |
contribution information required to be reported on a campaign | 3192 |
finance web site under division (C) of section 3517.1011 of the | 3193 |
Revised Code. | 3194 |
(C)(1) The secretary of state shall make available to the | 3195 |
campaign committees, political action committees, political | 3196 |
contributing entities, | 3197 |
parties, entities engaging in electioneering, individuals, | 3198 |
partnerships, corporations, labor organizations, and other | 3199 |
entities described in division (B) of this section, and to members | 3200 |
of the news media and other interested persons, for a reasonable | 3201 |
fee, computer programs that are compatible with the secretary of | 3202 |
state's method of storing the information contained in the | 3203 |
statements. | 3204 |
(2) The secretary of state shall make the information | 3205 |
required to be stored under division (B) of this section available | 3206 |
on computer at the secretary of state's office so that, to the | 3207 |
maximum extent feasible, individuals may obtain at the secretary | 3208 |
of state's office any part or all of that information for any | 3209 |
given year, subject to the limitation expressed in division (D) of | 3210 |
this section. | 3211 |
(D) The secretary of state shall keep the information stored | 3212 |
on computer under division (B) of this section for at least six | 3213 |
years. | 3214 |
(E)(1) Subject to the secretary of state having implemented, | 3215 |
tested, and verified the successful operation of any system the | 3216 |
secretary of state prescribes pursuant to division (H)(1) of this | 3217 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 3218 |
the Revised Code for the filing of campaign finance statements by | 3219 |
electronic means of transmission, the campaign committee of each | 3220 |
candidate for statewide office may file the statements prescribed | 3221 |
by section 3517.10 of the Revised Code by electronic means of | 3222 |
transmission or, if the total amount of the contributions received | 3223 |
or the total amount of the expenditures made by the campaign | 3224 |
committee for the applicable reporting period as specified in | 3225 |
division (A) of section 3517.10 of the Revised Code exceeds ten | 3226 |
thousand dollars, shall file those statements by electronic means | 3227 |
of transmission. | 3228 |
Except as otherwise provided in this division, within five | 3229 |
business days after a statement filed by a campaign committee of a | 3230 |
candidate for statewide office is received by the secretary of | 3231 |
state by electronic or other means of transmission, the secretary | 3232 |
of state shall make available online to the public through the | 3233 |
internet, as provided in division (I) of this section, the | 3234 |
contribution and expenditure information in that statement. The | 3235 |
secretary of state shall not make available online to the public | 3236 |
through the internet any contribution or expenditure information | 3237 |
contained in a statement for any candidate until the secretary of | 3238 |
state is able to make available online to the public through the | 3239 |
internet the contribution and expenditure information for all | 3240 |
candidates for a particular office. As soon as the secretary of | 3241 |
state has available all of that information, the secretary of | 3242 |
state shall simultaneously make available online to the public | 3243 |
through the internet the information for all candidates for a | 3244 |
particular office. | 3245 |
If a statement filed by electronic means of transmission is | 3246 |
found to be incomplete or inaccurate after the examination of the | 3247 |
statement for completeness and accuracy pursuant to division | 3248 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 3249 |
committee shall file by electronic means of transmission any | 3250 |
addendum to the statement that provides the information necessary | 3251 |
to complete or correct the statement or, if required by the | 3252 |
secretary of state under that division, an amended statement. | 3253 |
Within five business days after the secretary of state | 3254 |
receives from a campaign committee of a candidate for statewide | 3255 |
office an addendum to the statement or an amended statement by | 3256 |
electronic or other means of transmission under this division or | 3257 |
division (B)(3)(a) of section 3517.11 of the Revised Code, the | 3258 |
secretary of state shall make the contribution and expenditure | 3259 |
information in the addendum or amended statement available online | 3260 |
to the public through the internet as provided in division (I) of | 3261 |
this section. | 3262 |
(2) | 3263 |
3264 | |
3265 | |
3266 | |
3267 | |
3268 | |
3269 | |
3270 | |
3271 | |
3272 | |
3273 |
| 3274 |
3275 | |
3276 | |
3277 | |
3278 | |
3279 | |
3280 | |
3281 |
| 3282 |
3283 | |
3284 | |
3285 | |
3286 | |
3287 | |
3288 | |
3289 | |
3290 | |
3291 |
| 3292 |
3293 | |
3294 | |
3295 | |
3296 | |
3297 | |
3298 | |
3299 | |
3300 | |
3301 |
| 3302 |
tested, and verified the successful operation of any system the | 3303 |
secretary of state prescribes pursuant to division (H)(1) of this | 3304 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 3305 |
the Revised Code for the filing of campaign finance statements by | 3306 |
electronic means of transmission, a political action committee and | 3307 |
a political contributing entity
described
in division (B) | 3308 |
of this
section, | 3309 |
political party
| 3310 |
may file the statements prescribed by section 3517.10 of the | 3311 |
Revised Code by electronic means of transmission or, if the total | 3312 |
amount of the contributions received or the total amount of the | 3313 |
expenditures made by the political action committee, political | 3314 |
contributing
entity, | 3315 |
party, or entity engaging in electioneering for the applicable | 3316 |
reporting period as specified in division (A) of section 3517.10 | 3317 |
of the Revised Code exceeds ten thousand dollars, shall file those | 3318 |
statements by electronic means of transmission. | 3319 |
Within five business days after a statement filed by a | 3320 |
political action committee or a political contributing entity | 3321 |
described in division
(B) | 3322 |
3323 | |
in electioneering is received by the secretary of state by | 3324 |
electronic or other means of transmission, the secretary of state | 3325 |
shall make available online to the public through the internet, as | 3326 |
provided in division (I) of this section, the contribution and | 3327 |
expenditure information in that statement. | 3328 |
If a statement filed by electronic means of transmission is | 3329 |
found to be incomplete or inaccurate after the examination of the | 3330 |
statement for completeness and accuracy pursuant to division | 3331 |
(B)(3)(a) of section 3517.11 of the Revised Code, the political | 3332 |
action
committee, political contributing entity, | 3333 |
3334 | |
electioneering shall file by electronic means of transmission any | 3335 |
addendum to the statement that provides the information necessary | 3336 |
to complete or correct the statement or, if required by the | 3337 |
secretary of state under that division, an amended statement. | 3338 |
Within five business days after the secretary of state | 3339 |
receives from a political action committee or a political | 3340 |
contributing entity described in division (B) | 3341 |
section,
| 3342 |
or an entity engaging in electioneering an addendum to the | 3343 |
statement or an amended statement by electronic or other means of | 3344 |
transmission under this division or division (B)(3)(a) of section | 3345 |
3517.11 of the Revised Code, the secretary of state shall make the | 3346 |
contribution and expenditure information in the addendum or | 3347 |
amended statement available online to the public through the | 3348 |
internet as provided in division (I) of this section. | 3349 |
(F)(1) Subject | 3350 |
to the secretary of state having implemented, tested, and verified | 3351 |
the successful operation of any system the secretary of state | 3352 |
prescribes pursuant to division (H)(1) of this section and | 3353 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3354 |
Code for the filing of campaign finance statements by electronic | 3355 |
means of transmission | 3356 |
a
candidate for | 3357 |
other than a statewide office may file the statements prescribed | 3358 |
by section 3517.10 of the Revised Code by electronic means of | 3359 |
transmission to the office of the secretary of state or, | 3360 |
3361 | |
3362 | |
3363 | |
the campaign committee for the applicable reporting period as | 3364 |
specified in division (A) of section 3517.10 of the Revised Code | 3365 |
exceeds ten thousand dollars, shall file those statements by | 3366 |
electronic means of transmission to the office of the secretary of | 3367 |
state. | 3368 |
Except as otherwise provided in this division, within five | 3369 |
business days after a statement filed by a campaign committee of a | 3370 |
candidate for | 3371 |
other than a statewide office is received by the secretary of | 3372 |
state by electronic or other means of transmission, the secretary | 3373 |
of state shall make available online to the public through the | 3374 |
internet, as provided in division (I) of this section, the | 3375 |
contribution and expenditure information in that statement. The | 3376 |
secretary of state shall not make available online to the public | 3377 |
through the internet any contribution or expenditure information | 3378 |
contained in a statement for any candidate until the secretary of | 3379 |
state is able to make available online to the public through the | 3380 |
internet the contribution and expenditure information for all | 3381 |
candidates for a particular office. As soon as the secretary of | 3382 |
state has available all of that information, the secretary of | 3383 |
state shall simultaneously make available online to the public | 3384 |
through the internet the information for all candidates for a | 3385 |
particular office. | 3386 |
If a statement filed by electronic means of transmission | 3387 |
3388 | |
examination of the statement for completeness and accuracy | 3389 |
pursuant to division (B)(3)(a) of section 3517.11 of the Revised | 3390 |
Code, the campaign committee shall file by electronic means of | 3391 |
transmission to the office of the secretary
of state | 3392 |
3393 | |
3394 | |
any addendum to the statement that provides the information | 3395 |
necessary to complete or correct the statement or, if required by | 3396 |
the secretary of state under that division, an amended statement. | 3397 |
Within five business days after the secretary of state | 3398 |
receives from a
campaign committee of a candidate
for | 3399 |
office
| 3400 |
office an addendum to the statement or an amended statement by | 3401 |
electronic or other means of transmission under this division or | 3402 |
division (B)(3)(a) of section 3517.11 of the Revised Code, the | 3403 |
secretary of state shall make the contribution and expenditure | 3404 |
information in the addendum or amended statement available online | 3405 |
to the public through the internet as provided in division (I) of | 3406 |
this section. | 3407 |
(2) | 3408 |
3409 | |
3410 | |
3411 | |
3412 | |
3413 | |
3414 | |
3415 | |
3416 | |
3417 | |
3418 | |
3419 | |
filed by electronic means of
transmission | 3420 |
the office of the secretary of state but is filed with the | 3421 |
appropriate board of elections by printed version only, the | 3422 |
campaign committee shall file two copies of the printed version of | 3423 |
the statement, addendum,
or amended statement with the
| 3424 |
board of elections. The board of elections shall send one of those | 3425 |
copies by overnight delivery service to the secretary of state | 3426 |
before the close of business on the day the board of elections | 3427 |
receives the statement, addendum, or amended statement. | 3428 |
| 3429 |
3430 | |
3431 | |
3432 | |
3433 | |
3434 | |
3435 | |
3436 | |
3437 | |
3438 | |
3439 | |
3440 | |
3441 | |
3442 | |
3443 | |
3444 |
| 3445 |
3446 |
| 3447 |
3448 | |
3449 |
| 3450 |
3451 | |
3452 |
| 3453 |
3454 |
| 3455 |
3456 | |
3457 | |
3458 | |
3459 | |
3460 |
| 3461 |
3462 | |
3463 | |
3464 | |
3465 | |
3466 | |
3467 | |
3468 |
| 3469 |
3470 | |
3471 | |
3472 | |
3473 | |
3474 | |
3475 | |
3476 | |
3477 | |
3478 | |
3479 | |
3480 | |
3481 |
| 3482 |
3483 | |
3484 | |
3485 | |
3486 | |
3487 | |
3488 | |
3489 | |
3490 | |
3491 | |
3492 | |
3493 | |
3494 | |
3495 | |
3496 | |
3497 | |
3498 |
| 3499 |
3500 | |
3501 | |
3502 | |
3503 | |
3504 | |
3505 | |
3506 | |
3507 |
| 3508 |
3509 | |
3510 | |
3511 | |
3512 | |
3513 | |
3514 | |
3515 | |
3516 |
(G) | 3517 |
to the secretary of state having implemented, tested, and verified | 3518 |
the successful operation of any system the secretary of state | 3519 |
prescribes pursuant to division (H)(1) of this section and | 3520 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3521 |
Code for the filing of campaign finance statements by electronic | 3522 |
means of transmission, any individual, partnership, or other | 3523 |
entity that makes independent expenditures in support of or | 3524 |
opposition to a statewide candidate or a statewide ballot issue or | 3525 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section | 3526 |
3517.105 of the Revised Code may file the statement specified in | 3527 |
that division by electronic means of transmission or, if the total | 3528 |
amount of independent expenditures made during the reporting | 3529 |
period under that division exceeds ten thousand dollars, shall | 3530 |
file the statement by electronic means of transmission. | 3531 |
Within five business days after a statement filed by an | 3532 |
individual, partnership, or other entity is received by the | 3533 |
secretary of state by electronic or other means of transmission, | 3534 |
the secretary of state shall make available online to the public | 3535 |
through the internet, as provided in division (I) of this section, | 3536 |
the expenditure information in that statement. | 3537 |
If a statement filed by electronic means of transmission is | 3538 |
found to be incomplete or inaccurate after the examination of the | 3539 |
statement for completeness and accuracy pursuant to division | 3540 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, | 3541 |
partnership, or other entity shall file by electronic means of | 3542 |
transmission any addendum to the statement that provides the | 3543 |
information necessary to complete or correct the statement or, if | 3544 |
required by the secretary of state under that division, an amended | 3545 |
statement. | 3546 |
Within five business days after the secretary of state | 3547 |
receives from an individual, partnership, or other entity | 3548 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 | 3549 |
of the Revised Code an addendum to the statement or an amended | 3550 |
statement by electronic or other means of transmission under this | 3551 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 3552 |
Code, the secretary of state shall make the expenditure | 3553 |
information in the addendum or amended statement available online | 3554 |
to the public through the internet as provided in division (I) of | 3555 |
this section. | 3556 |
| 3557 |
3558 | |
3559 | |
3560 | |
3561 | |
3562 | |
3563 | |
3564 | |
3565 | |
3566 | |
3567 | |
3568 | |
3569 |
| 3570 |
3571 | |
3572 | |
3573 | |
3574 | |
3575 |
| 3576 |
3577 | |
3578 | |
3579 | |
3580 | |
3581 | |
3582 | |
3583 | |
3584 |
| 3585 |
3586 | |
3587 | |
3588 | |
3589 | |
3590 | |
3591 | |
3592 | |
3593 | |
3594 |
(H)(1) The secretary of state, by rule adopted pursuant to | 3595 |
section 3517.23 of the Revised Code, shall prescribe one or more | 3596 |
techniques by which a person who executes and transmits by | 3597 |
electronic means a statement of contributions and expenditures, a | 3598 |
statement of independent expenditures, an addendum to either | 3599 |
statement, an amended statement of contributions and expenditures, | 3600 |
or an amended statement of independent expenditures under this | 3601 |
section or section 3517.10 or 3517.105 of the Revised Code or by | 3602 |
which a person who reports contribution and expenditure | 3603 |
information on a campaign finance web site under division (C) of | 3604 |
section 3517.1011 of the Revised Code shall electronically sign | 3605 |
the statement, addendum, | 3606 |
technique prescribed by the secretary of state pursuant to this | 3607 |
division shall create an electronic signature that satisfies all | 3608 |
of the following: | 3609 |
(a) It is unique to the signer. | 3610 |
(b) It objectively identifies the signer. | 3611 |
(c) It involves the use of a signature device or other means | 3612 |
or method that is under the sole control of the signer and that | 3613 |
cannot be readily duplicated or compromised. | 3614 |
(d) It is created and linked to the electronic record to | 3615 |
which it relates in a manner that, if the record or signature is | 3616 |
intentionally or unintentionally changed after signing, the | 3617 |
electronic signature is invalidated. | 3618 |
(2) An electronic signature prescribed by the secretary of | 3619 |
state under division (H)(1) of this section shall be attached to | 3620 |
or associated with the statement of contributions and | 3621 |
expenditures, the statement of independent expenditures, the | 3622 |
addendum to either statement, the amended statement of | 3623 |
contributions and expenditures, or the amended statement of | 3624 |
independent expenditures that is executed and transmitted by | 3625 |
electronic means by the person to whom the electronic signature is | 3626 |
attributed or, if applicable, attached to or associated with the | 3627 |
contribution and expenditure information on the campaign finance | 3628 |
web site that is reported and maintained by the person to whom the | 3629 |
electronic signature is attributed. The electronic signature that | 3630 |
is attached to or
associated with | 3631 |
amended statement, or report on a campaign finance web site under | 3632 |
this division shall be binding on all persons and for all purposes | 3633 |
under the campaign finance reporting law as if the signature had | 3634 |
been handwritten in ink on a printed form | 3635 |
3636 |
(I) The secretary of state shall make the contribution and | 3637 |
expenditure information in all statements, all addenda to the | 3638 |
statements, and all amended statements that are filed with the | 3639 |
secretary of state by electronic or other means of transmission | 3640 |
under this section or section 3517.10, 3517.105, or 3517.11 of the | 3641 |
Revised Code and the contribution and expenditure information | 3642 |
required to be reported on a campaign finance web site under | 3643 |
division (C) of section 3517.1011 of the Revised Code available | 3644 |
online to the public by any means that are searchable, viewable, | 3645 |
and accessible through the internet. | 3646 |
(J)(1) As used in this division, "library" means a library | 3647 |
that is open to the public and that is one of the following: | 3648 |
(a) A library that is maintained and regulated under section | 3649 |
715.13 of the Revised Code; | 3650 |
(b) A library that is created, maintained, and regulated | 3651 |
under Chapter 3375. of the Revised Code. | 3652 |
(2) The secretary of state shall notify all libraries of the | 3653 |
location on the internet at which the contribution and expenditure | 3654 |
information, in campaign finance statements or reported on | 3655 |
campaign finance web sites, which is required to be made available | 3656 |
online to the public through the internet pursuant to division (I) | 3657 |
of this section may be accessed. | 3658 |
If that location is part of
| 3659 |
the world wide web and if the secretary of state has notified a | 3660 |
library of that world wide web location as required by this | 3661 |
division, the library shall include a link to that world wide web | 3662 |
location on each internet-connected computer it maintains that is | 3663 |
accessible to the public. | 3664 |
(3) If the system the secretary of state prescribes for the | 3665 |
filing of campaign finance statements by electronic means of | 3666 |
transmission pursuant to division (H)(1) of this section and | 3667 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3668 |
Code includes filing those statements
through the internet via | 3669 |
3670 | |
wide web, the secretary of state shall notify all libraries of the | 3671 |
world wide web location at which those statements may be filed. | 3672 |
If those statements may be
filed
through the internet via | 3673 |
3674 | |
wide web and if the secretary of state has notified a library of | 3675 |
that world wide web location as required by this division, the | 3676 |
library shall include a link to that world wide web location on | 3677 |
each internet-connected computer it maintains that is accessible | 3678 |
to the public. | 3679 |
(K) It is an affirmative defense to a complaint or charge | 3680 |
brought against any campaign committee, political action | 3681 |
committee,
| 3682 |
contributing entity, entity engaging in electioneering, or | 3683 |
individual, partnership, or other entity for the failure to file | 3684 |
by electronic means of transmission a campaign finance statement | 3685 |
as required by this section or section 3517.10 or 3517.105 of the | 3686 |
Revised Code or for the failure to report contribution and | 3687 |
expenditure information on a campaign finance web site as required | 3688 |
by section 3517.1011 of the Revised Code that all of the following | 3689 |
apply to the campaign committee, political action committee, | 3690 |
3691 | |
entity, entity engaging in electioneering, or individual, | 3692 |
partnership, or other entity | 3693 |
3694 |
(1) The campaign committee, political action committee, | 3695 |
3696 | |
entity, entity engaging in electioneering, or individual, | 3697 |
partnership, or other entity attempted to file the required | 3698 |
statement by electronic means of
transmission | 3699 |
3700 | |
expenditure information on the campaign finance web site prior to | 3701 |
the deadline set forth in the applicable section. | 3702 |
(2) The campaign committee, political action committee, | 3703 |
3704 | |
entity, entity engaging in electioneering, or individual, | 3705 |
partnership, or other entity was unable to file by electronic | 3706 |
means of transmission or report the required contribution and | 3707 |
expenditure information on the campaign finance web site due to an | 3708 |
expected or unexpected shutdown of the whole or part of the | 3709 |
applicable electronic
| 3710 |
such as for maintenance or because of hardware, software, or | 3711 |
network connection failure. | 3712 |
(3) The campaign committee, political action committee, | 3713 |
3714 | |
entity, entity engaging in electioneering, or individual, | 3715 |
partnership, or other entity filed the required statement by | 3716 |
electronic means of
transmission | 3717 |
reported the required contribution and expenditure information on | 3718 |
the campaign finance web site within a reasonable period of time | 3719 |
after being unable to so file or report it under the circumstance | 3720 |
described in division (K)(2) of this section. | 3721 |
Sec. 3517.108. (A) As used in divisions (A) and (B) of this | 3722 |
section: | 3723 |
(1) | 3724 |
3725 | |
3726 | |
3727 | |
3728 | |
3729 |
| 3730 |
primary election immediately preceding the general election at | 3731 |
which a candidate seeks an
office | 3732 |
3733 | |
following that general election. | 3734 |
| 3735 |
January of the year following the year in which the general | 3736 |
election was held for the office that the candidate seeks, | 3737 |
including any mid-term election, and ends on the day of the | 3738 |
primary election. | 3739 |
(B) Whenever the campaign committee of a candidate has unpaid | 3740 |
debt at the end of a primary election period or at the end of a | 3741 |
general election period, the committee may accept additional | 3742 |
contributions during the immediately following election period up | 3743 |
to the applicable limitation prescribed under section 3517.102 of | 3744 |
the Revised Code from any individual, political action committee, | 3745 |
political contributing entity, or other campaign committee who, | 3746 |
during the primary or general election period for which debt | 3747 |
remains unpaid, has contributed less than the contribution | 3748 |
limitations prescribed under section 3517.102 of the Revised Code | 3749 |
applicable to that individual, political action committee, | 3750 |
political contributing entity, or other campaign committee. Any | 3751 |
additional contribution that a campaign committee accepts under | 3752 |
this division shall count toward the applicable limitations | 3753 |
prescribed under section 3517.102 of the Revised Code for that | 3754 |
primary or general election period at the end of which the debt | 3755 |
remains unpaid, and shall not count toward the applicable | 3756 |
limitations for any other primary or general election period if | 3757 |
all of the following conditions apply: | 3758 |
(1) The campaign committee reports, on the statement required | 3759 |
to be filed under division (A)(2) of section 3517.10 of the | 3760 |
Revised Code, all debt remaining unpaid at the end of the election | 3761 |
period. The committee shall also file a separate statement, on a | 3762 |
form prescribed by the secretary of state, at the same time that | 3763 |
the committee is required to file a statement of contributions and | 3764 |
expenditures under section 3517.10 of the Revised Code. The | 3765 |
separate statement shall include the name and address of each | 3766 |
contributor who makes an additional contribution under division | 3767 |
(B) of this section, how the contribution was applied to pay the | 3768 |
unpaid debt as required by division (B)(3) of this section, and | 3769 |
the balance of the unpaid debt after each contribution was applied | 3770 |
to it. | 3771 |
(2) The additional contributions are accepted only during the | 3772 |
primary or general election period, whichever is applicable, | 3773 |
immediately following the election period covered in the statement | 3774 |
filed under division (B)(1) of this section. | 3775 |
(3) All additional contributions made under division (B) of | 3776 |
this section are used by the campaign committee that receives them | 3777 |
only to pay the debt of the committee reported under division | 3778 |
(B)(1) of this section. | 3779 |
(4) The campaign committee maintains a separate account for | 3780 |
all additional contributions made under division (B) of this | 3781 |
section, and uses moneys in that account only to pay the unpaid | 3782 |
debt reported under division (B)(1) of this section and to | 3783 |
administer the account. | 3784 |
(5) The campaign committee stops accepting additional | 3785 |
contributions after funds sufficient to repay the unpaid debt | 3786 |
reported under division (B)(1) of this section have been raised | 3787 |
and promptly disposes of any contributions received that exceed | 3788 |
the amount of the unpaid debt by returning the excess | 3789 |
contributions to the contributors | 3790 |
3791 | |
3792 | |
3793 | |
3794 |
Sec. 3517.109. (A) As used in this section: | 3795 |
(1)
| 3796 |
3797 | |
3798 | |
3799 | |
3800 |
| 3801 |
offices of governor and lieutenant governor or a candidate for the | 3802 |
office of secretary of state, auditor of state, treasurer of | 3803 |
state, and attorney general | 3804 |
3805 |
| 3806 |
state senator. | 3807 |
| 3808 |
3809 |
| 3810 |
3811 | |
3812 | |
3813 |
| 3814 |
contributions from a contributor during the pre-filing period. | 3815 |
| 3816 |
following: | 3817 |
(a) In the case of a contribution from a contributor whose | 3818 |
contributions are subject to the contribution limits described in | 3819 |
division (B)(1), (2), (3),
| 3820 |
the Revised Code, that portion of the amount of the contributor's | 3821 |
aggregate contribution that does not exceed the preprimary | 3822 |
contribution limit applicable to that contributor. | 3823 |
(b) In the case of a contribution or contributions from a | 3824 |
contributor whose contributions are not subject to the | 3825 |
contribution limits described in divisions (B)(1), (2), (3), | 3826 |
3827 | |
of the following: | 3828 |
(i) That portion of the aggregate contribution that was | 3829 |
received as in-kind services; | 3830 |
(ii) That portion of the aggregate contribution that was | 3831 |
received as cash | 3832 |
3833 | |
3834 |
| 3835 |
contributor, the amount by which that contributor's aggregate | 3836 |
contribution exceeds that contributor's allowable aggregate | 3837 |
contribution. | 3838 |
| 3839 |
the day that the candidacy petitions are due for the state office | 3840 |
for which the candidate has filed and beginning on the latest date | 3841 |
of the following: | 3842 |
(a) The first day of January of the year following the | 3843 |
general election in which that state office was last on the | 3844 |
ballot; | 3845 |
(b) The first day of January of the year following the | 3846 |
general election in which the candidate was last a candidate for | 3847 |
any office; | 3848 |
(c) The first day of the month following the primary election | 3849 |
in which the candidate was last a candidate for any office. | 3850 |
| 3851 |
candidacy petition may be filed for an office. | 3852 |
| 3853 |
3854 | |
3855 | |
3856 | |
following: | 3857 |
(a) Two hundred thousand dollars if the candidate is a | 3858 |
statewide candidate | 3859 |
3860 |
(b) One hundred thousand dollars if the candidate is a senate | 3861 |
candidate; | 3862 |
(c) Thirty-five thousand dollars if the candidate is other | 3863 |
than a statewide candidate or a senate candidate. | 3864 |
| 3865 |
assets available to the candidate on the date of the filing | 3866 |
deadline for the office the candidate is seeking that will be | 3867 |
consumed or depleted in the course of the candidate's election | 3868 |
campaign, including, but not limited to, postage, prepaid rent for | 3869 |
campaign headquarters, prepaid radio, television, and newspaper | 3870 |
advertising, and other prepaid consulting and personal services. | 3871 |
| 3872 |
(a) The total of the allowable aggregate contribution of each | 3873 |
contributor; | 3874 |
(b) The applicable carry-in limit. | 3875 |
| 3876 |
the total cash on hand and total reported campaign assets exceeds | 3877 |
permitted funds. | 3878 |
| 3879 |
| 3880 |
3881 | |
3882 | |
3883 | |
3884 |
| 3885 |
has a campaign committee that accepts contributions on the | 3886 |
person's behalf prior to the person deciding upon or announcing | 3887 |
the office for which the person will become a candidate for | 3888 |
nomination or election. | 3889 |
(B)
Each candidate who files for | 3890 |
the filing date for that office, shall dispose of any excess | 3891 |
funds. Each covered candidate who files for | 3892 |
later than the filing date for that office, shall dispose of any | 3893 |
excess aggregate contributions. | 3894 |
(C) Any campaign committee that is required to dispose of | 3895 |
excess funds or excess aggregate contributions under division (B) | 3896 |
of this section shall dispose of that excess amount or amounts by | 3897 |
3898 |
| 3899 |
3900 | |
3901 |
| 3902 |
contributions to that campaign committee as a refund of all or | 3903 |
part of their
contributions | 3904 |
| 3905 |
3906 | |
3907 |
(D)(1) Subject to division (D)(2) of this section, no | 3908 |
candidate or covered candidate shall appear on the ballot, even if | 3909 |
certified to appear on the ballot, unless the candidate's or | 3910 |
covered candidate's campaign committee has disposed of excess | 3911 |
funds, excess aggregate contributions, or both as required by | 3912 |
divisions (B) and (C) of this section. | 3913 |
(2) If the excess aggregate contributions accepted by a | 3914 |
covered candidate or a covered candidate's campaign committee | 3915 |
aggregate a total of less than five thousand dollars from all | 3916 |
contributors, that candidate shall not be prohibited from | 3917 |
appearing on the ballot under division (D)(1) of this section. | 3918 |
(E)(1) The campaign committee of each candidate required to | 3919 |
dispose of excess funds under this section shall file a report, on | 3920 |
a form prescribed by the secretary of state, with the official or | 3921 |
board with which the candidate is required to file statements | 3922 |
under section 3517.11 of the Revised Code. The report shall be | 3923 |
filed by the seventh day following the filing deadline for the | 3924 |
office the candidate
is
seeking | 3925 |
excess funds
disposed
of | 3926 |
3927 |
(2) In addition to the information required to be included in | 3928 |
a report filed under division (E)(1) of this section, the campaign | 3929 |
committee of each covered candidate required to dispose of excess | 3930 |
aggregate contributions under this section shall include in that | 3931 |
report the source and amount of each excess aggregate contribution | 3932 |
disposed of | 3933 |
3934 |
(F)(1) Each campaign committee of a candidate who has filed a | 3935 |
declaration of candidacy
or a nominating petition | 3936 |
3937 | |
deadline for the office the candidate is seeking, shall file a | 3938 |
declaration of filing-day finances, on a form prescribed by the | 3939 |
secretary of state, with the official or board with which the | 3940 |
candidate is required to file statements under section 3517.11 of | 3941 |
the Revised Code. | 3942 |
(2) A declaration of filing-day finances shall list all of | 3943 |
the following: | 3944 |
(a) The amount of cash on hand in the candidate's campaign | 3945 |
fund on the date of the filing deadline for the office the | 3946 |
candidate is seeking. | 3947 |
(b) The value and description of all campaign assets worth | 3948 |
five hundred dollars or more available to the candidate on the | 3949 |
date of the filing. Assets purchased by the campaign shall be | 3950 |
valued at actual cost, and in-kind contributions shall be valued | 3951 |
at market value. | 3952 |
(c) The total of all aggregate contributions; | 3953 |
(d) The total of all allowable aggregate contributions; | 3954 |
(e) The applicable carry-in limit, if any. | 3955 |
(3) In addition to the information required to be included in | 3956 |
a report of filing-day finances filed under division (F)(1) of | 3957 |
this section, the campaign committee of each covered candidate | 3958 |
shall include both of the following in that report: | 3959 |
(a) The total of all excess aggregate contributions; | 3960 |
(b) For each contributor, if any, for whom there is an excess | 3961 |
aggregate contribution, the name, address, aggregate contribution, | 3962 |
and excess aggregate contribution. | 3963 |
(G) A campaign committee of a candidate is not required to | 3964 |
file a declaration of filing-day finances under division (F) of | 3965 |
this section if all of the following apply: | 3966 |
(1) The campaign committee has not accepted, during the | 3967 |
pre-filing period, any aggregate contribution greater than the | 3968 |
applicable amount. | 3969 |
(2) The campaign committee had less than the carry-in amount | 3970 |
in cash on hand at the beginning of the pre-filing period. | 3971 |
(3) The candidate files a declaration, on a form prescribed | 3972 |
by the secretary of state, with the official or board with which | 3973 |
the candidate is required to file statements under section 3517.11 | 3974 |
of the Revised Code not later than seven days after the date of | 3975 |
the filing deadline for the office that candidate is seeking, | 3976 |
stating that the candidate's campaign committee has not accepted | 3977 |
aggregate contributions as described in division (G)(1) of this | 3978 |
section and has less than the carry-in amount in cash on hand as | 3979 |
described in division (G)(2) of this section. | 3980 |
Sec. 3517.1010. (A) As used in this section: | 3981 |
(1) "Aggregate contribution," "allowable aggregate | 3982 |
contribution," "excess aggregate contribution," and "pre-filing | 3983 |
period" have the same meanings as in section 3517.109 of the | 3984 |
Revised Code. | 3985 |
(2) "Filing deadline" means the last date on which a | 3986 |
candidacy petition may be filed for an office. | 3987 |
(3) "Campaign asset" means prepaid, purchased, or donated | 3988 |
assets, goods, or services available to the candidate's campaign | 3989 |
committee on the date specified in the filing required under | 3990 |
division (F) of this section that will be consumed, depleted, or | 3991 |
used in the course of the candidate's election campaign, | 3992 |
including, but not limited to, postage, rent for any campaign | 3993 |
office, radio, television, and newspaper advertising, and | 3994 |
consulting and personal services. | 3995 |
(4) "Permitted funds" means one of the following: | 3996 |
(a) In the case of a disposal of excess funds under division | 3997 |
(B)(1) of this section, the sum of the primary carry-in amount and | 3998 |
the product of both of the following: | 3999 |
(i) The sum of the campaign committee's net cash on hand and | 4000 |
the campaign committee's total reported campaign assets on the day | 4001 |
of the primary election less the primary carry-in amount; | 4002 |
(ii) The ratio of the sum of the allowable aggregate | 4003 |
contributions of each contributor to the sum of all contributions | 4004 |
received, during the period extending from the first day on which, | 4005 |
in accordance with division (D) of section 3517.103 of the Revised | 4006 |
Code, the contribution limitations prescribed in section 3517.102 | 4007 |
of the Revised Code no longer apply to the campaign committee | 4008 |
through the end of the primary election period. | 4009 |
For the purposes of division (A)(4)(a) of this section, the | 4010 |
allowable aggregate contribution of each contributor is calculated | 4011 |
as if the limitations on contributions prescribed in section | 4012 |
3517.102 of the Revised Code were in effect. | 4013 |
As used in division (A)(4)(a) of this section, "primary | 4014 |
carry-in amount" is the sum of the campaign committee's cash on | 4015 |
hand and reported campaign assets as reported on the campaign | 4016 |
committee's declaration of no limits filed pursuant to division | 4017 |
(D) of section 3517.103 of the Revised Code. | 4018 |
(b) In the case of a disposal of excess funds under division | 4019 |
(B)(5) of this section, the product of both of the following: | 4020 |
(i) The sum of the cash on hand and reported campaign assets | 4021 |
at the end of the thirty-first day of December immediately | 4022 |
following the general election; | 4023 |
(ii) The ratio of the sum of the allowable aggregate | 4024 |
contributions of each contributor and the general carry-in amount | 4025 |
to the sum of all contributions received during the general | 4026 |
election period and the general carry-in amount. | 4027 |
For the purposes of division (A)(4)(b) of this section, when | 4028 |
a candidate has filed a declaration of no limits under division | 4029 |
(D)(2) of section 3517.103 of the Revised Code, the allowable | 4030 |
aggregate contribution calculated for each contributor is | 4031 |
calculated as if the limitations on contributions prescribed in | 4032 |
section 3517.102 of the Revised Code were in effect. | 4033 |
As used in division (A)(4)(b) of this section, "general | 4034 |
carry-in amount" is the sum of the campaign committee's reported | 4035 |
campaign assets and net cash on hand as of the day of the primary | 4036 |
election, after the committee has disposed of excess funds under | 4037 |
division (B)(1) of this section, if required. "General election | 4038 |
period" has the same meaning as in section 3517.102 of the Revised | 4039 |
Code. | 4040 |
(5) "Excess funds" means the amount by which the sum of the | 4041 |
campaign committee's cash on hand on the date specified in the | 4042 |
filing required to be made under division (F) of this section and | 4043 |
total reported campaign assets exceeds permitted funds. | 4044 |
(6) "Net cash on hand" means the cash on hand on the day of | 4045 |
the primary election less the sum of all debts and obligations | 4046 |
reported under division (F) of this section. | 4047 |
(7) "Statewide office" means the offices of governor, | 4048 |
lieutenant governor, secretary of state, auditor of state, | 4049 |
treasurer of state, attorney general, and member of the state | 4050 |
board of education. | 4051 |
(B)(1) Except as otherwise provided in division (G) of this | 4052 |
section, the campaign committee of any candidate who has filed a | 4053 |
declaration of no limits in accordance with division (D) of | 4054 |
section 3517.103 of the Revised Code, and to which the | 4055 |
contribution limitations prescribed in section 3517.102 of the | 4056 |
Revised Code no longer apply during a primary election period, | 4057 |
shall dispose of any excess funds not later than fourteen days | 4058 |
after the day on which the primary election was held. | 4059 |
(2) The campaign committee of any candidate that has filed a | 4060 |
personal funds notice under division (C)(1) or (2) of section | 4061 |
3517.103 of the Revised Code shall, at the end of the primary | 4062 |
election period, do one of the following: | 4063 |
(a) Return that portion of the personal funds remaining in | 4064 |
the candidate's campaign committee fund at the end of the primary | 4065 |
election period that are excess funds not later than fourteen days | 4066 |
after the day on which the primary election was held; | 4067 |
(b) Retain the personal funds remaining in the candidate's | 4068 |
campaign committee fund at the end of the primary election period | 4069 |
and file a statement with the secretary of state declaring that | 4070 |
the campaign committee will retain those remaining personal funds | 4071 |
in the committee's campaign fund and indicating the amount of | 4072 |
remaining personal funds that would be characterized as excess | 4073 |
funds. | 4074 |
(3) If a campaign committee elects to retain personal funds | 4075 |
pursuant to
division (B)(2)(b) of this section, | 4076 |
4077 |
| 4078 |
be an expenditure of personal funds for the purpose of determining | 4079 |
whether the amount of personal funds the campaign committee has | 4080 |
received under division (C)(1) or (2) of section 3517.103 of the | 4081 |
Revised Code during an election period exceeds the amounts | 4082 |
specified in those divisions. | 4083 |
| 4084 |
4085 | |
4086 | |
4087 |
(4) Except as otherwise provided in division (G) of this | 4088 |
section, the campaign committee of any candidate that has expended | 4089 |
personal funds in excess of the amount specified in division | 4090 |
(C)(1) or (2) of section 3517.103 of the Revised Code shall | 4091 |
dispose of any excess funds not later than fourteen days after the | 4092 |
day on which the primary election is held or the thirty-first day | 4093 |
of December after the day on which the general election was held, | 4094 |
whichever is applicable, or choose to retain personal funds under | 4095 |
division (B)(2) of this section. The calculation of excess funds | 4096 |
under this division shall be made in the same manner that a | 4097 |
campaign committee is required to dispose of excess funds under | 4098 |
division (B)(1) or (5) of this section, whichever election period | 4099 |
is applicable. For the purposes of this division, the allowable | 4100 |
aggregate contribution of each contributor, including one or more | 4101 |
contributions from the candidate and from the candidate's spouse, | 4102 |
parents, children, sons-in-law, daughters-in-law, brothers, | 4103 |
sisters, grandparents, mothers-in-law, fathers-in-law, | 4104 |
brothers-in-law, sisters-in-law, or grandparents by marriage, is | 4105 |
calculated for that contributor as if the contribution limitations | 4106 |
prescribed by section 3517.102 of the Revised Code were in effect. | 4107 |
(5) Except as otherwise provided in division (G) of this | 4108 |
section, the campaign committee of any candidate to which, in | 4109 |
accordance with division (D) of section 3517.103 of the Revised | 4110 |
Code, the contribution limitations prescribed in section 3517.102 | 4111 |
of the Revised Code no longer apply during a general election | 4112 |
period shall dispose of any excess funds not later than the | 4113 |
thirty-first day of December after the day on which the general | 4114 |
election was held. | 4115 |
(6) Notwithstanding division (B) of section 3517.109 of the | 4116 |
Revised Code, the amount of excess aggregate contributions | 4117 |
required to be disposed of under that division by a candidate | 4118 |
whose contribution limitations have been reimposed pursuant to | 4119 |
division (D)(4) of section 3517.103 of the Revised Code is limited | 4120 |
to no more than the sum of the following: | 4121 |
(a) The difference between the sum of the cash on hand and | 4122 |
reported campaign assets on the date of the declaration of | 4123 |
candidacy filing deadline, date of death, or date of withdrawal, | 4124 |
whichever is applicable, less the sum of the cash on hand and | 4125 |
reported campaign assets reported on the campaign committee's | 4126 |
declaration of no limits under division (D)(2) of section 3517.103 | 4127 |
of the Revised Code; | 4128 |
(b) The sum of the aggregate excess contributions of all | 4129 |
contributors made from the beginning of the primary election | 4130 |
period to the day immediately preceding the day on which | 4131 |
contribution limitations prescribed in section 3517.102 of the | 4132 |
Revised Code became inapplicable pursuant to division (D)(1) of | 4133 |
section 3517.103 of the Revised Code. | 4134 |
(C) Any campaign committee that is required to dispose of | 4135 |
excess funds or excess aggregate contributions under division (B) | 4136 |
of this section shall dispose of the excess amount or amounts in | 4137 |
accordance with division (C) of section 3517.109 of the Revised | 4138 |
Code. | 4139 |
(D)(1) Any candidate who knowingly fails to dispose of excess | 4140 |
funds or excess aggregate contributions as required by divisions | 4141 |
(B) and (C) of this section, except a candidate whose campaign | 4142 |
committee has been given a letter of substantial compliance as | 4143 |
provided for in division (D)(2) of this section, shall not appear | 4144 |
on the ballot, even if the candidate has been certified to appear | 4145 |
on the ballot. | 4146 |
(2) The secretary of state shall, after initially examining | 4147 |
and reviewing any declaration provided for in division (F) of this | 4148 |
section and making a determination that a campaign committee has | 4149 |
substantially complied with the disposal requirements of division | 4150 |
(B) of this section, promptly issue to the candidate's campaign | 4151 |
committee a letter certifying that committee's substantial | 4152 |
compliance. | 4153 |
(3) The campaign committee of a candidate for | 4154 |
office | 4155 |
4156 | |
requirements of division (B) of this section if, upon initial | 4157 |
review of a declaration filed pursuant to division (F) of this | 4158 |
section, it is discovered that the candidate's campaign committee | 4159 |
has failed to dispose of excess funds or excess aggregate | 4160 |
contributions totaling in the aggregate more than ten thousand | 4161 |
dollars. | 4162 |
(4) The campaign committee of a candidate for | 4163 |
4164 | |
substantially complied with the disposal requirements of division | 4165 |
(B) of this section if, upon initial review of a declaration filed | 4166 |
pursuant to division (F) of this section, it is discovered that | 4167 |
the candidate's campaign committee has failed to dispose of excess | 4168 |
funds or excess aggregate contributions totaling in the aggregate | 4169 |
more than twenty-five hundred dollars. | 4170 |
(5) Any campaign committee that has received a letter | 4171 |
indicating substantial compliance as provided for in division | 4172 |
(D)(2) of this section shall, within thirty days after receiving | 4173 |
such a letter, fully comply with the disposal requirements of | 4174 |
division (B) of this section. | 4175 |
(E) When the campaign committee of a candidate files a | 4176 |
personal funds notice in accordance with division (C), or a | 4177 |
declaration of no limits in accordance with division (D), of | 4178 |
section 3517.103 of the Revised Code, the campaign committee of | 4179 |
each such candidate shall file in the case of a primary election | 4180 |
period a declaration of primary-day finances not later than | 4181 |
fourteen days after the day on which the primary election was | 4182 |
held, or shall file in the case of a general election period a | 4183 |
declaration of year-end finances not later than the last business | 4184 |
day of January of the next calendar year immediately following the | 4185 |
day on which the general election was held. | 4186 |
(F) The declaration of primary-day finances and declaration | 4187 |
of year-end finances shall be filed on a form prescribed by the | 4188 |
secretary of state and shall list all of the following: | 4189 |
(1) The amount of net cash on hand in the candidate's | 4190 |
campaign committee fund at the end of the day on which the primary | 4191 |
election was held or cash on hand on the thirty-first day of | 4192 |
December immediately following the day on which the general | 4193 |
election was held, whichever is appropriate; | 4194 |
(2) In the case of a declaration of primary-day finances, any | 4195 |
debt or other obligation incurred by the committee during the | 4196 |
primary election period and related to the primary election of the | 4197 |
campaign committee's candidate; | 4198 |
(3) The value and description of all campaign assets worth | 4199 |
five hundred dollars or more available to the candidate at the end | 4200 |
of the day on which the primary election was held or on the | 4201 |
thirty-first day of December immediately following the day on | 4202 |
which the general election was held; | 4203 |
(4) The total of all aggregate contributions received by the | 4204 |
candidate's campaign committee during the primary or general | 4205 |
election period; | 4206 |
(5) The total of all allowable aggregate contributions | 4207 |
received by the candidate's campaign committee during the primary | 4208 |
or general election period, whichever is applicable. The allowable | 4209 |
aggregate contribution of each contributor shall be calculated as | 4210 |
if the contribution limitations prescribed by section 3517.102 of | 4211 |
the Revised Code were in effect. | 4212 |
(6) A description of all excess funds and excess aggregate | 4213 |
contributions disposed of by the candidate's campaign committee in | 4214 |
accordance with division (B) of this section for that election. | 4215 |
(G) The campaign committee of a candidate is not required to | 4216 |
dispose of excess funds or excess aggregate contributions under | 4217 |
division (B) of this section if both of the following apply: | 4218 |
(1) The campaign committee has not accepted any aggregate | 4219 |
contribution greater than the amount applicable under that | 4220 |
division. | 4221 |
(2) The campaign committee files on a form, prescribed by the | 4222 |
secretary of state, with the official or board with which the | 4223 |
candidate is required to file statements under section 3517.11 of | 4224 |
the Revised Code, stating that the committee has not accepted | 4225 |
aggregate contributions as described in division (G)(1) of this | 4226 |
section. | 4227 |
Sec. 3517.1011. (A) As used in this section, "statewide | 4228 |
office" means any of the offices of governor, lieutenant governor, | 4229 |
secretary of state, auditor of state, treasurer of state, attorney | 4230 |
general, member of the state board of education, and justice and | 4231 |
chief justice of the supreme court. | 4232 |
(B)(1)(a) On and after January 1, 2006, the secretary of | 4233 |
state shall establish a publicly viewable campaign finance web | 4234 |
site that meets the requirements of divisions (H) and (I) of | 4235 |
section 3517.106 of the Revised Code for each campaign committee. | 4236 |
(b)(i) The secretary of state shall establish the web site | 4237 |
for the campaign committee of a candidate for statewide office | 4238 |
promptly after the person becomes a candidate. | 4239 |
(ii) A board of elections promptly shall notify the secretary | 4240 |
of state when a person becomes a candidate for any office other | 4241 |
than a statewide office. The secretary of state promptly shall | 4242 |
establish the web site for that candidate's campaign committee | 4243 |
after being notified of the person's candidacy. | 4244 |
(2) On and after January 1, 2006, the secretary of state | 4245 |
shall establish a publicly viewable campaign finance web site that | 4246 |
meets the requirements of divisions (H) and (I) of section | 4247 |
3517.106 of the Revised Code for each political action committee, | 4248 |
political party, political contributing entity, and entity | 4249 |
engaging in electioneering. | 4250 |
(C) Each campaign finance web site established under division | 4251 |
(B) of this section shall be made available to the campaign | 4252 |
committee, political action committee, political party, political | 4253 |
contributing entity, or entity engaging in electioneering for | 4254 |
which it is established. The applicable campaign committee, | 4255 |
political action committee, political party, political | 4256 |
contributing entity, or entity engaging in electioneering shall | 4257 |
report on that web site, in accordance with the requirements of | 4258 |
divisions (D) and (E) of this section, each contribution received | 4259 |
that exceeds, in the aggregate, two hundred fifty dollars from a | 4260 |
single contributor and each expenditure made that exceeds two | 4261 |
hundred fifty dollars. | 4262 |
(D)(1)(a) Subject to division (D)(1)(b) of this section, each | 4263 |
contribution required to be reported on a campaign finance web | 4264 |
site under division (C) of this section shall be reported on that | 4265 |
web site within seventy-two hours after the contribution is | 4266 |
received. | 4267 |
(b) Each contribution required to be reported on a campaign | 4268 |
finance web site under division (C) of this section that is | 4269 |
received within thirty days prior to the day of an election or | 4270 |
that is received on the day of an election shall be reported on | 4271 |
that web site within twenty-four hours after the contribution is | 4272 |
received. | 4273 |
(2) Each expenditure required to be reported on a campaign | 4274 |
finance web site under division (C) of this section shall be | 4275 |
reported on that web site within thirty days after the expenditure | 4276 |
is made. | 4277 |
(3) For each contribution and expenditure required to be | 4278 |
reported on a campaign finance web site under division (C) of this | 4279 |
section, the information to be reported on that web site shall be | 4280 |
the same as the contribution and expenditure information required | 4281 |
to be reported on statements of contributions and expenditures | 4282 |
under section 3517.10 of the Revised Code. | 4283 |
(E) The secretary of state shall determine, by rule adopted | 4284 |
under Chapter 119. of the Revised Code, both of the following: | 4285 |
(1) The manner in which the campaign finance web site shall | 4286 |
be structured and maintained; | 4287 |
(2) The process by which information required to be reported | 4288 |
on the campaign finance web site shall be verified for accuracy | 4289 |
and timeliness of reporting. | 4290 |
(F) The reporting of contributions and expenditures under | 4291 |
this section shall be in addition to any reporting required under | 4292 |
other provisions of the campaign finance reporting law. | 4293 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for | 4294 |
statewide | 4295 |
political action committees or political contributing entities | 4296 |
that make contributions to campaign committees of candidates that | 4297 |
are required to file the statements prescribed by section 3517.10 | 4298 |
of the Revised Code with the secretary of state, political action | 4299 |
committees or political contributing entities that make | 4300 |
contributions to campaign committees of candidates for member of | 4301 |
the general assembly, political action committees or political | 4302 |
contributing entities that make contributions to state and | 4303 |
national political parties | 4304 |
political action committees or political contributing entities | 4305 |
that receive contributions or make expenditures in connection with | 4306 |
a statewide ballot issue, political action committees or political | 4307 |
contributing entities that make contributions to other political | 4308 |
action committees or political contributing entities, political | 4309 |
parties, and campaign committees, except as set forth in division | 4310 |
(A)(3) of this section, | 4311 |
national political parties, and entities engaging in | 4312 |
electioneering shall file the statements prescribed by section | 4313 |
3517.10 of the Revised Code with the secretary of state. | 4314 |
(2) Except as otherwise provided in division (F) of section | 4315 |
3517.106 of the Revised Code, campaign committees of candidates | 4316 |
for all other offices shall file the statements prescribed by | 4317 |
section 3517.10 of the Revised Code with the board of elections | 4318 |
where their candidates are required to file their petitions or | 4319 |
other papers for nomination or election. | 4320 |
A campaign committee of a candidate for an office | 4321 |
4322 | |
two copies of the printed version of any statement, addendum, or | 4323 |
amended statement if the committee does not file by electronic | 4324 |
means of transmission | 4325 |
(F)(1) of section 3517.106 of the Revised Code but files by | 4326 |
printed version only with the appropriate board of elections. The | 4327 |
board of elections shall send one of those copies by overnight | 4328 |
delivery service to the secretary of state before the close of | 4329 |
business on the day the board of elections receives the statement, | 4330 |
addendum, or amended statement. | 4331 |
(3) Political action committees or political contributing | 4332 |
entities that only contribute to a county political party, | 4333 |
contribute to campaign committees of candidates whose nomination | 4334 |
or election is to be submitted only to electors within a county, | 4335 |
subdivision, or district, excluding candidates for member of the | 4336 |
general assembly, and receive contributions or make expenditures | 4337 |
in connection with ballot questions or issues to be submitted only | 4338 |
to electors within a county, subdivision, or district shall file | 4339 |
the statements prescribed by section 3517.10 of the Revised Code | 4340 |
with the board of elections in that county or in the county | 4341 |
contained in whole or part within the subdivision or district | 4342 |
having a population greater than that of any other county | 4343 |
contained in whole or part within that subdivision or district, as | 4344 |
the case may be. | 4345 |
(4) County political parties shall file the statements | 4346 |
prescribed by section 3517.10 of the Revised Code with the board | 4347 |
of elections of their respective counties. | 4348 |
(B)(1) The official with whom petitions and other papers for | 4349 |
nomination or election to public office are filed shall furnish | 4350 |
each candidate at the time of that filing a copy of sections | 4351 |
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and | 4352 |
3599.031 of the Revised Code and any other materials that the | 4353 |
secretary of state may require. Each candidate receiving the | 4354 |
materials shall acknowledge their receipt in writing. | 4355 |
(2) On or before the tenth day before the dates on which | 4356 |
statements are required to be filed by section 3517.10 of the | 4357 |
Revised Code, every candidate subject to the provisions of this | 4358 |
section and sections 3517.10 and 3517.106 of the Revised Code | 4359 |
shall be notified of the requirements and applicable penalties of | 4360 |
those sections. The secretary of state, by certified mail, return | 4361 |
receipt requested, shall notify all candidates required to file | 4362 |
those statements with the secretary of state's office. The board | 4363 |
of elections of every county shall notify by first class mail any | 4364 |
candidate who has personally appeared at the office of the board | 4365 |
on or before the tenth day before the statements are required to | 4366 |
be filed and signed a form, to be provided by the secretary of | 4367 |
state, attesting that the candidate has been notified of the | 4368 |
candidate's obligations under the campaign finance law. The board | 4369 |
shall forward the completed form to the secretary of state. The | 4370 |
board shall use certified mail, return receipt requested, to | 4371 |
notify all other candidates required to file those statements with | 4372 |
it. | 4373 |
(3)(a) Any statement required to be filed under sections | 4374 |
3517.081 to 3517.17 of the Revised Code that is found to be | 4375 |
incomplete or inaccurate by the officer to whom it is submitted | 4376 |
shall be accepted on a conditional basis, and the person who filed | 4377 |
it shall be notified by certified mail as to the incomplete or | 4378 |
inaccurate nature of the statement. The secretary of state may | 4379 |
examine statements filed for candidates for | 4380 |
4381 | |
secretary of state shall examine for completeness and accuracy | 4382 |
statements that
campaign committees
of candidates for | 4383 |
office
| 4384 |
office file by electronic means of transmission pursuant to | 4385 |
division (F) of section 3517.106 of the Revised Code. If an | 4386 |
officer at the board of elections where a statement filed for a | 4387 |
candidate
for | 4388 |
other than a statewide office was submitted finds the statement to | 4389 |
be incomplete or inaccurate, the officer shall immediately notify | 4390 |
the secretary of state of its incomplete or inaccurate nature. If | 4391 |
either an officer at the board of elections or the secretary of | 4392 |
state finds a statement filed for a
candidate
for | 4393 |
4394 | |
incomplete or inaccurate, only the secretary of state shall send | 4395 |
the notification as to the incomplete or inaccurate nature of the | 4396 |
statement. | 4397 |
Within twenty-one days after receipt of the notice, in the | 4398 |
case of a pre-election statement, a postelection statement, a | 4399 |
monthly statement, or an annual statement prescribed by section | 4400 |
3517.10, an annual statement prescribed by section 3517.101, or a | 4401 |
statement prescribed by division (B)(2)(b) or (C)(2)(b) of section | 4402 |
3517.105 or section 3517.107 of the Revised Code, the recipient | 4403 |
shall file an addendum, amendment, or other correction to the | 4404 |
statement providing the information necessary to complete or | 4405 |
correct the statement. The secretary of state may require that, in | 4406 |
lieu of filing an addendum, amendment, or other correction to a | 4407 |
statement that is filed by electronic means of transmission to the | 4408 |
office of
the secretary of state | 4409 |
4410 | |
Revised Code, the recipient of the notice described in this | 4411 |
division file by electronic means of
transmission | 4412 |
4413 | |
4414 | |
statement that incorporates the information necessary to complete | 4415 |
or correct the statement.
| 4416 |
The secretary of state shall determine by rule when an | 4417 |
addendum, amendment, or other correction to a two-business-day | 4418 |
statement prescribed by section 3517.10 of the Revised Code or an | 4419 |
amended two-business-day statement shall be filed. An addendum, | 4420 |
amendment, or other correction to a statement that is filed by | 4421 |
electronic means of transmission | 4422 |
section 3517.106 of the Revised Code shall be filed in the same | 4423 |
manner as the
statement. | 4424 |
The provisions of sections 3517.10 and 3517.106 of the | 4425 |
Revised Code pertaining to the filing of statements of | 4426 |
contributions and expenditures and statements of independent | 4427 |
expenditures by electronic means of transmission | 4428 |
4429 | |
corrections to those statements by electronic means of | 4430 |
transmission | 4431 |
filing of amended statements by electronic means of transmission | 4432 |
4433 |
(b) Within five business days after the secretary of state | 4434 |
receives, by electronic or other means of transmission, an | 4435 |
addendum, amendment, or other correction to a statement or an | 4436 |
amended statement under division (B)(3)(a) of this section, the | 4437 |
secretary of state, pursuant to divisions (E), (F), (G), and (I) | 4438 |
of section 3517.106 of the Revised Code, shall make the | 4439 |
contribution and expenditure information in that addendum, | 4440 |
amendment, correction, or amended statement available online to | 4441 |
the public through the internet. | 4442 |
(4)(a) The secretary of state or the board of elections shall | 4443 |
examine all statements for compliance with sections 3517.08 to | 4444 |
3517.17 of the Revised Code. | 4445 |
(b) The secretary of state may contract with an individual or | 4446 |
entity not associated with the secretary of state and experienced | 4447 |
in interpreting the campaign finance law of this state to conduct | 4448 |
examinations of statements filed by any statewide candidate, as | 4449 |
defined in section 3517.103 of the Revised Code. | 4450 |
(c) The examination shall be conducted by a person or entity | 4451 |
qualified to conduct it. The results of the examination shall be | 4452 |
available to the public, and, when the examination is conducted by | 4453 |
an individual or entity not associated with the secretary of | 4454 |
state, the results of the examination shall be reported to the | 4455 |
secretary of state. | 4456 |
(C)(1) In the event of a failure to file or a late filing of | 4457 |
a statement or report required to be filed under sections 3517.081 | 4458 |
to 3517.17 of the Revised Code or if a filed statement or any | 4459 |
addendum, amendment, or other correction to the statement or any | 4460 |
amended statement, if an addendum, amendment, or other correction | 4461 |
or an amended statement is required to be filed, or a report is | 4462 |
incomplete or inaccurate or appears to disclose a failure to | 4463 |
comply with or a violation of law, the official whose duty it is | 4464 |
to examine the statement or report shall promptly file a complaint | 4465 |
with the Ohio elections commission under section 3517.153 of the | 4466 |
Revised Code if the law is one over which the commission has | 4467 |
jurisdiction to hear complaints, or the official shall promptly | 4468 |
report the failure or violation to the board of elections and the | 4469 |
board shall promptly report it to the prosecuting attorney in | 4470 |
accordance with division (J) of section 3501.11 of the Revised | 4471 |
Code. If the official files a complaint with the commission, the | 4472 |
commission shall proceed in accordance with sections 3517.154 to | 4473 |
3517.157 of the Revised Code. | 4474 |
(2) For purposes of division (C)(1) of this section, a | 4475 |
statement
| 4476 |
to a statement, or an amended statement required to be filed under | 4477 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or | 4478 |
inaccurate under this section if the statement | 4479 |
addendum, amendment, other correction, or amended statement fails | 4480 |
to disclose substantially all contributions that are received from | 4481 |
a source and that are required to be reported under sections | 4482 |
3517.10, 3517.107, | 4483 |
or if the
statement | 4484 |
amended statement fails to disclose at least ninety per cent of | 4485 |
the total contributions received or of the total expenditures made | 4486 |
during the reporting period. | 4487 |
(D) No certificate of nomination or election shall be issued | 4488 |
to a person, and no person elected to an office shall enter upon | 4489 |
the performance of the duties of that office, until that person or | 4490 |
that person's campaign committee, as appropriate, has fully | 4491 |
complied with this section and sections 3517.08, 3517.081, | 4492 |
3517.10, and 3517.13 of the Revised Code. | 4493 |
Sec. 3517.13. (A)(1) No campaign committee for a candidate | 4494 |
whose candidacy for nomination or election was submitted to | 4495 |
electors throughout the entire state shall fail to file a complete | 4496 |
and accurate statement required under division (A)(1) of section | 4497 |
3517.10 of the Revised Code. | 4498 |
(2) No campaign committee of a statewide candidate shall fail | 4499 |
to file a complete and accurate monthly statement, and no campaign | 4500 |
committee of a statewide candidate or a candidate for the office | 4501 |
of chief justice or justice of the supreme court shall fail to | 4502 |
file a complete and accurate two-business-day statement, as | 4503 |
required under section 3517.10 of the Revised Code. | 4504 |
As used in this division, "statewide candidate" has the same | 4505 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 4506 |
Code. | 4507 |
(B) No campaign committee for a candidate whose candidacy for | 4508 |
nomination or election was submitted to electors within a county | 4509 |
or district shall fail to file a complete and accurate statement | 4510 |
required under division (A)(1) of section 3517.10 of the Revised | 4511 |
Code. | 4512 |
(C) No campaign committee shall fail to file a complete and | 4513 |
accurate statement required under division (A)(2) of section | 4514 |
3517.10 of the Revised Code. | 4515 |
(D) No campaign committee shall fail to file a complete and | 4516 |
accurate statement required under division (A)(3) of section | 4517 |
3517.10 of the Revised Code. | 4518 |
(E) No person other than a campaign committee shall knowingly | 4519 |
fail to file a statement required under section 3517.10 or | 4520 |
3517.107 of the Revised Code. | 4521 |
(F) No person shall make cash contributions to any person | 4522 |
totaling more than one hundred dollars in each primary, special, | 4523 |
or general election. | 4524 |
(G)(1)(a) No person shall knowingly conceal or misrepresent | 4525 |
contributions given or received | 4526 |
by a provision in sections 3517.08 to 3517.13 of the Revised Code; | 4527 |
(b) No person shall knowingly conceal or misrepresent | 4528 |
expenditures
made | 4529 |
reported by a provision in sections 3517.08 to 3517.13 and 3517.17 | 4530 |
of the Revised Code. | 4531 |
(2)(a) No person shall make a contribution to a campaign | 4532 |
committee, political action committee, | 4533 |
political party, | 4534 |
engaging in electioneering in the name of another person. | 4535 |
(b) A person does not make a contribution in the name of | 4536 |
another when either of the following applies: | 4537 |
(i) An individual makes a contribution from a partnership or | 4538 |
unincorporated business account, if the contribution is reported | 4539 |
by listing both the name of the partnership or unincorporated | 4540 |
business and the name of the partner or owner making the | 4541 |
contribution. | 4542 |
(ii) A person makes a contribution in that person's spouse's | 4543 |
name or in both of their names. | 4544 |
(H) No person within this state, publishing a newspaper or | 4545 |
other periodical, shall charge a campaign committee for political | 4546 |
advertising a rate in excess of the rate | 4547 |
charge if the campaign committee were a general rate advertiser | 4548 |
whose advertising was directed to promoting its business within | 4549 |
the same area as that encompassed by the particular office that | 4550 |
the candidate of the campaign committee is seeking. The rate shall | 4551 |
take into account the amount of space used, as well as the type of | 4552 |
advertising copy submitted by or on behalf of the campaign | 4553 |
committee. All discount privileges otherwise offered by a | 4554 |
newspaper or periodical to general rate advertisers shall be | 4555 |
available upon equal terms to all campaign committees. | 4556 |
No person within this state, operating a radio or television | 4557 |
station or network of stations in this state, shall charge a | 4558 |
campaign committee for political broadcasts a rate that exceeds: | 4559 |
(1) During the forty-five days preceding the date of a | 4560 |
primary election and during the sixty days preceding the date of a | 4561 |
general or special election in which the candidate of the campaign | 4562 |
committee is seeking office, the lowest unit charge of the station | 4563 |
for the same class and amount of time for the same period; | 4564 |
(2) At any other time, the charges made for comparable use of | 4565 |
4566 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 4567 |
section, no agency or department of this state or any political | 4568 |
subdivision shall award any contract, other than one let by | 4569 |
competitive bidding or a contract incidental to such contract or | 4570 |
which is by force account, for the purchase of goods costing more | 4571 |
than five hundred dollars or services costing more than five | 4572 |
hundred dollars to any individual, partnership, association, | 4573 |
including, without limitation, a professional association | 4574 |
organized under Chapter 1785. of the Revised Code, estate, or | 4575 |
trust if the individual has made or the individual's spouse has | 4576 |
made, or any partner, shareholder, administrator, executor, or | 4577 |
trustee | 4578 |
individual, within the two previous calendar years, one or more | 4579 |
contributions totaling in excess of one thousand dollars to the | 4580 |
holder of the public office having ultimate responsibility for the | 4581 |
award of the contract or to the public officer's campaign | 4582 |
committee. | 4583 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 4584 |
section, no agency or department of this state or any political | 4585 |
subdivision shall award any contract, other than one let by | 4586 |
competitive bidding or a contract incidental to such contract or | 4587 |
which is by force account, for the purchase of goods costing more | 4588 |
than five hundred dollars or services costing more than five | 4589 |
hundred dollars to a corporation or business trust, except a | 4590 |
professional association organized under Chapter 1785. of the | 4591 |
Revised Code, if an owner of more than twenty per cent of the | 4592 |
corporation or business trust or the spouse of | 4593 |
has made, as an individual, within the two previous calendar | 4594 |
years,
taking into consideration only owners for all of | 4595 |
period, one or more contributions totaling in excess of one | 4596 |
thousand dollars to the holder of a public office having ultimate | 4597 |
responsibility for the award of the contract or to the public | 4598 |
officer's campaign committee. | 4599 |
(K) For purposes of divisions (I) and (J) of this section, if | 4600 |
a public officer who is responsible for the award of a contract is | 4601 |
appointed by the governor, whether or not the appointment is | 4602 |
subject to the advice and consent of the senate, excluding members | 4603 |
of boards, commissions, committees, authorities, councils, boards | 4604 |
of trustees, task forces, and other such entities appointed by the | 4605 |
governor, the office of the governor is considered to have | 4606 |
ultimate responsibility for the award of the contract. | 4607 |
(L) For purposes of divisions (I) and (J) of this section, if | 4608 |
a public officer who is responsible for the award of a contract is | 4609 |
appointed by the elected chief executive officer of a municipal | 4610 |
corporation, or appointed by the elected chief executive officer | 4611 |
of a county operating under an alternative form of county | 4612 |
government or county charter, excluding members of boards, | 4613 |
commissions, committees, authorities, councils, boards of | 4614 |
trustees, task forces, and other such entities appointed by the | 4615 |
chief executive officer, the office of the chief executive officer | 4616 |
is considered to have ultimate responsibility for the award of the | 4617 |
contract. | 4618 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 4619 |
contracts awarded by the board of commissioners of the sinking | 4620 |
fund, municipal legislative authorities, boards of education, | 4621 |
boards of county commissioners, boards of township trustees, or | 4622 |
other boards, commissions, committees, authorities, councils, | 4623 |
boards of trustees, task forces, and other such entities created | 4624 |
by law, by the supreme court or courts of appeals, by county | 4625 |
courts consisting of more than one judge, courts of common pleas | 4626 |
consisting of more than one judge, or municipal courts consisting | 4627 |
of more than one judge, or by a division of any court if the | 4628 |
division consists of more than one judge. Division (M)(1) of this | 4629 |
section shall apply to the specified entity only if the members of | 4630 |
the entity act collectively in the award of a contract for goods | 4631 |
or services. | 4632 |
(2) Divisions (I) and (J) of this section do not apply to | 4633 |
actions of the controlling board. | 4634 |
(N)(1) Divisions (I) and (J) of this section apply to | 4635 |
contributions made to the holder of a public office having | 4636 |
ultimate responsibility for the award of a contract, or to the | 4637 |
public officer's campaign committee, during the time the person | 4638 |
holds the office and during any time such person was a candidate | 4639 |
for the office.
| 4640 |
contributions made to, or to the campaign committee of, a | 4641 |
candidate for or holder of the office other than the holder of the | 4642 |
office at the time of the award of the contract. | 4643 |
(2) Divisions (I) and (J) of this section do not apply to | 4644 |
contributions of a partner, shareholder, administrator, executor, | 4645 |
trustee, or owner of more than twenty per cent of a corporation or | 4646 |
business trust made before the person held any of those positions | 4647 |
or after the person ceased to hold any of those positions in the | 4648 |
partnership, association, estate, trust, corporation, or business | 4649 |
trust whose eligibility to be awarded a contract is being | 4650 |
determined, nor to contributions of the person's spouse made | 4651 |
before the person held any of those positions, after the person | 4652 |
ceased to hold any of those positions, before the two were | 4653 |
married, or after the granting of a decree of divorce, dissolution | 4654 |
of marriage, or | 4655 |
order in an action brought solely for legal separation. These | 4656 |
divisions do not apply to contributions of the spouse of an | 4657 |
individual whose eligibility to be awarded a contract is being | 4658 |
determined made before the two were married, or after the granting | 4659 |
of a decree of divorce,
dissolution of
marriage, or | 4660 |
annulment, or after the granting of an order in an action brought | 4661 |
solely for legal separation. | 4662 |
(O) No beneficiary of a campaign fund or other person shall | 4663 |
convert for personal use, and no person shall knowingly give to a | 4664 |
beneficiary of a campaign fund or any other person, for the | 4665 |
beneficiary's or any other person's personal use, anything of | 4666 |
value from the beneficiary's campaign fund, including, without | 4667 |
limitation, payments to a beneficiary for services the beneficiary | 4668 |
personally performs, except as reimbursement for any of the | 4669 |
following: | 4670 |
(1) Legitimate and verifiable prior campaign expenses | 4671 |
incurred by the beneficiary; | 4672 |
(2) Legitimate and verifiable | 4673 |
expenses incurred by the beneficiary in connection with duties as | 4674 |
the holder of a public office, including, without limitation, | 4675 |
expenses incurred through participation in nonpartisan or | 4676 |
bipartisan events if the participation of the holder of a public | 4677 |
office would normally be expected; | 4678 |
(3) Legitimate and verifiable ordinary and necessary prior | 4679 |
expenses incurred by the beneficiary while doing any of the | 4680 |
following: | 4681 |
(a) | 4682 |
opposition to a candidate other than the beneficiary, political | 4683 |
party, or ballot issue; | 4684 |
(b) Raising funds for a political party, | 4685 |
4686 | |
4687 |
(c) Participating in the activities of a political party, | 4688 |
political action committee, political contributing entity, | 4689 |
4690 | |
campaign committee; | 4691 |
(d) Attending a political party convention or other political | 4692 |
meeting. | 4693 |
For purposes of this division, an expense is incurred | 4694 |
whenever a beneficiary has either made payment or is obligated to | 4695 |
make payment, as by the use of a credit card or other credit | 4696 |
procedure or by the use of goods or services received on account. | 4697 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 4698 |
and no person shall knowingly give to the beneficiary of a | 4699 |
campaign fund, reimbursement for an expense under division (O) of | 4700 |
this section to the extent that the expense previously was | 4701 |
reimbursed or paid from another source of funds. If an expense is | 4702 |
reimbursed under division (O) of this section and is later paid or | 4703 |
reimbursed, wholly or in part, from another source of funds, the | 4704 |
beneficiary shall repay the reimbursement received under division | 4705 |
(O) of this section to the extent of the payment made or | 4706 |
reimbursement received from the other source. | 4707 |
(Q) No candidate or public official or employee shall accept | 4708 |
for personal or business use anything of value from a political | 4709 |
party, political action committee, political contributing entity, | 4710 |
4711 | |
campaign committee other than the candidate's or public official's | 4712 |
or employee's own campaign committee, and no person shall | 4713 |
knowingly give to a candidate or public official or employee | 4714 |
anything of value from a political party, political action | 4715 |
committee,
political contributing entity,
| 4716 |
4717 | |
committee, except for the following: | 4718 |
(1) Reimbursement for legitimate and verifiable | 4719 |
and necessary prior expenses not otherwise prohibited by law | 4720 |
incurred by the candidate or public official or employee while | 4721 |
engaged in any legitimate activity of the political party, | 4722 |
political action committee, political contributing entity, | 4723 |
4724 | |
such campaign committee. Without limitation, reimbursable expenses | 4725 |
under this division include those incurred while doing any of the | 4726 |
following: | 4727 |
(a) | 4728 |
opposition to another candidate, political party, or ballot issue; | 4729 |
(b) Raising funds for a political party, | 4730 |
4731 |
(c) Attending a political party convention or other political | 4732 |
meeting. | 4733 |
(2) Compensation not otherwise prohibited by law for actual | 4734 |
and valuable personal services rendered under a written contract | 4735 |
to the political party, political action committee, political | 4736 |
contributing entity,
| 4737 |
electioneering, or such campaign committee for any legitimate | 4738 |
activity of the political party, political action committee, | 4739 |
political contributing
entity,
| 4740 |
engaging in electioneering, or such campaign committee. | 4741 |
Reimbursable expenses under this division do not include, and | 4742 |
it is a violation of this division for a candidate or public | 4743 |
official or employee to accept, or for any person to knowingly | 4744 |
give to a candidate or public official or employee from a | 4745 |
political party, political action committee, political | 4746 |
contributing entity,
| 4747 |
electioneering, or campaign committee other than the candidate's | 4748 |
or public official's or employee's own campaign committee, | 4749 |
anything of value for activities primarily related to the | 4750 |
candidate's or public official's or employee's own campaign for | 4751 |
election, except for contributions to the candidate's or public | 4752 |
official's or employee's campaign committee. | 4753 |
For purposes of this division, an expense is incurred | 4754 |
whenever a candidate or public official or employee has either | 4755 |
made payment or is obligated to make payment, as by the use of a | 4756 |
credit card or other credit procedure, or by the use of goods or | 4757 |
services on account. | 4758 |
(R)(1) Division (O) or (P) of this section does not prohibit | 4759 |
a campaign committee from making direct advance or post payment | 4760 |
from contributions to vendors for goods and services for which | 4761 |
reimbursement is permitted under division (O) of this section, | 4762 |
except that no campaign committee shall pay its candidate or other | 4763 |
beneficiary for services personally performed by the candidate or | 4764 |
other beneficiary. | 4765 |
(2) If any expense that may be reimbursed under division (O), | 4766 |
(P), or (Q) of this section is part of other expenses that may not | 4767 |
be paid or reimbursed, the separation of the two types of expenses | 4768 |
for the purpose of allocating for payment or reimbursement those | 4769 |
expenses that may be paid or reimbursed may be by any reasonable | 4770 |
accounting method, considering all of the surrounding | 4771 |
circumstances. | 4772 |
(3) For purposes of divisions (O), (P), and (Q) of this | 4773 |
section, mileage allowance at a rate not greater than that allowed | 4774 |
by the internal revenue service at the time the travel occurs may | 4775 |
be paid instead of reimbursement for actual travel expenses | 4776 |
allowable. | 4777 |
(S)(1) As used in division (S) of this section: | 4778 |
(a)
| 4779 |
4780 |
| 4781 |
Federal Election Campaign Act. | 4782 |
| 4783 |
campaign committee or authorized committee as defined in the | 4784 |
Federal Election Campaign Act. | 4785 |
(2) No person who is a candidate for | 4786 |
other than a federal office and who previously sought nomination | 4787 |
or election to a federal office shall transfer any funds or assets | 4788 |
from that person's federal campaign committee for nomination or | 4789 |
election to the federal office to that person's campaign committee | 4790 |
as a candidate
for
| 4791 |
office. | 4792 |
(3) No campaign committee of a person who is a candidate for | 4793 |
4794 | |
previously sought nomination or election to a federal office shall | 4795 |
accept any funds or assets from that person's federal campaign | 4796 |
committee for that person's nomination or election to the federal | 4797 |
office. | 4798 |
(T) | 4799 |
4800 | |
4801 | |
4802 | |
4803 |
| 4804 |
| 4805 |
| 4806 |
4807 | |
4808 | |
4809 |
| 4810 |
4811 | |
4812 | |
4813 |
| 4814 |
section 3517.12 of the Revised Code. | 4815 |
| 4816 |
required under division (K)(3) of section 3517.10 of the Revised | 4817 |
Code. | 4818 |
| 4819 |
through any other person or entity, make a contribution, | 4820 |
expenditure, or independent expenditure or promise, either | 4821 |
expressly or implicitly, to make a contribution, expenditure, or | 4822 |
independent expenditure in support of or opposition to a candidate | 4823 |
for any elective office in this state, including an office of a | 4824 |
political party. | 4825 |
(2) No candidate, campaign committee, political action | 4826 |
committee,
political contributing entity, | 4827 |
4828 | |
political party, or separate segregated fund shall solicit or | 4829 |
accept a contribution, expenditure, or independent expenditure | 4830 |
from a foreign national. The secretary of state may direct any | 4831 |
candidate, committee, fund, entity, or party that accepts a | 4832 |
contribution, expenditure, or independent expenditure in violation | 4833 |
of this division to return the contribution, expenditure, or | 4834 |
independent expenditure or, if it is not possible to return the | 4835 |
contribution, expenditure, or independent expenditure, then to | 4836 |
return instead the value of it, to the contributor. | 4837 |
(3) As used in this section, "foreign national" has the same | 4838 |
meaning as in section 441e(b) of the Federal Election Campaign | 4839 |
Act. | 4840 |
(W) No campaign committee, political action committee, | 4841 |
political party, political contributing entity, or entity engaging | 4842 |
in electioneering shall fail to report a contribution or | 4843 |
expenditure as required to be reported on a campaign finance web | 4844 |
site under division (C) of section 3517.1011 of the Revised Code. | 4845 |
(X) No candidate, campaign committee, political action | 4846 |
committee, political contributing entity, entity engaging in | 4847 |
electioneering, political party, separate segregated fund, or | 4848 |
other entity that accepts a contribution or contributions from any | 4849 |
corporation shall make a contribution or promise, either expressly | 4850 |
or implicitly, to make a contribution to any candidate or campaign | 4851 |
committee. | 4852 |
(Y) No candidate, campaign committee, political action | 4853 |
committee, political party, political contributing entity, or | 4854 |
entity engaging in electioneering shall fail to include, on a | 4855 |
statement filed under section 3517.10 of the Revised Code or on a | 4856 |
report of contribution information under division (C) of section | 4857 |
3517.1011 of the Revised Code, the information required to be | 4858 |
reported under division (B)(4)(g) of section 3517.10 of the | 4859 |
Revised Code for any contribution received through the efforts of | 4860 |
a political fundraiser. | 4861 |
(Z) No candidate or holder of a public office shall solicit | 4862 |
contributions on behalf of either of the following: | 4863 |
(1) A political action committee; | 4864 |
(2) An entity engaging in electioneering. | 4865 |
(AA)(1) No candidate, campaign committee, political action | 4866 |
committee, political party, political contributing entity, entity | 4867 |
engaging in electioneering, continuing association, or other | 4868 |
person, association, or entity shall do either of the following: | 4869 |
(a) Pay or offer to pay any political fundraiser if that | 4870 |
payment or the amount of that payment is contingent upon the | 4871 |
amount of contributions raised by the political fundraiser; | 4872 |
(b) Provide or offer to provide any type of bonus to any | 4873 |
political fundraiser. | 4874 |
(2) No political fundraiser shall do either of the following: | 4875 |
(a) Accept any payment or offer of payment from a candidate, | 4876 |
campaign committee, political action committee, political party, | 4877 |
political contributing entity, entity engaging in electioneering, | 4878 |
continuing association, or other person, association, or entity if | 4879 |
the payment or the amount of the payment is contingent upon the | 4880 |
amount of contributions raised by the political fundraiser; | 4881 |
(b) Accept any type of bonus from a candidate, campaign | 4882 |
committee, political action committee, political party, political | 4883 |
contributing entity, entity engaging in electioneering, continuing | 4884 |
association, or other person, association, or entity. | 4885 |
(BB)(1) No person shall make a contribution to a political | 4886 |
party, political action committee, or political contributing | 4887 |
entity and designate or attempt to designate that the contribution | 4888 |
be used, partially or exclusively, for a particular candidate. | 4889 |
(2) No political party, political action committee, or | 4890 |
political contributing entity shall accept any contribution that | 4891 |
has been specifically designated for the partial or exclusive use | 4892 |
of a particular candidate. Any contribution so designated shall be | 4893 |
returned to the contributor and shall not be used or expended by | 4894 |
or on behalf of the candidate. | 4895 |
Sec. 3517.151. (A) | 4896 |
Complaints with respect to acts or failures to act under the | 4897 |
sections listed in division (A) of section 3517.153 of the Revised | 4898 |
Code shall be filed with the Ohio elections commission created | 4899 |
under section 3517.152 of the Revised Code. | 4900 |
(B)(1) If a complaint filed with the Ohio elections | 4901 |
commission created under section 3517.152 of the Revised Code | 4902 |
alleges an act or failure to act that occurred before August 24, | 4903 |
1995, and the commission imposes a fine, sections 3517.99 and | 4904 |
3517.991 of the Revised Code, and not sections 3517.992 and | 4905 |
3517.993 of the Revised Code, shall apply. | 4906 |
(2) If a complaint filed with the Ohio elections commission | 4907 |
created under section 3517.152 of the Revised Code alleges an act | 4908 |
or failure to act that is a violation of section 3517.13 of the | 4909 |
Revised Code, former divisions (A) to (R) of that section apply to | 4910 |
the act or failure to act if it occurred before August 24, 1995, | 4911 |
former divisions (A) to (U) of that section apply to the act or | 4912 |
failure to act if it occurs on or after August 24, 1995, but | 4913 |
before July 13, 1998, former divisions (A) to (V) of that section | 4914 |
apply to the act or failure to act if it occurs on or after July | 4915 |
13, 1998, but before
| 4916 |
22, 1999, | 4917 |
the act or failure to act if it occurs on or
after
| 4918 |
4919 | |
date of this amendment, and divisions (A) to (BB) of that section | 4920 |
apply to the act or failure to act if it occurs on or after the | 4921 |
effective date of this amendment. | 4922 |
(C) The Ohio elections commission created under section | 4923 |
3517.14 of the Revised Code is abolished at the close of business | 4924 |
on December 31, 1995. | 4925 |
Sec. 3517.152. (A)(1) There is hereby created the Ohio | 4926 |
elections commission consisting of seven members. | 4927 |
Not later than forty-five days after August 24, 1995, the | 4928 |
speaker of the house of representatives and the leader in the | 4929 |
senate of the political party of which the speaker is a member | 4930 |
shall jointly submit to the governor a list of five persons who | 4931 |
are affiliated with that political party. Not later than | 4932 |
forty-five days after August 24, 1995, the two legislative leaders | 4933 |
in the two houses of the general assembly of the major political | 4934 |
party of which the speaker is not a member shall jointly submit to | 4935 |
the governor a list of five persons who are affiliated with the | 4936 |
major political party of which the speaker is not a member. Not | 4937 |
later than fifteen days after receiving each list, the governor | 4938 |
shall appoint three persons from each list to the commission. The | 4939 |
governor shall appoint one person from each list to a term that | 4940 |
ends on December 31, 1996, one person from each list to a term | 4941 |
that ends on December 31, 1997, and one person from each list to a | 4942 |
term that ends on December 31, 1998. | 4943 |
Not later than thirty days after the governor appoints these | 4944 |
six members, they shall, by a majority vote, appoint to the | 4945 |
commission a seventh member, who shall not be affiliated with a | 4946 |
political party. If the six members fail to appoint the seventh | 4947 |
member within this thirty-day period, the chief justice of the | 4948 |
supreme court, not later than thirty days after the end of the | 4949 |
period during which the six members were required to appoint a | 4950 |
member, shall appoint the seventh member, who shall not be | 4951 |
affiliated with a political party. The seventh member shall be | 4952 |
appointed to a term that ends on December 31, 2001. Terms of the | 4953 |
initial members appointed under this division begin on January 1, | 4954 |
1996. | 4955 |
(2) If a vacancy occurs in the position of the seventh | 4956 |
member, who is not affiliated with a political party, the six | 4957 |
remaining members by a majority vote shall appoint, not later than | 4958 |
forty-five days after the date of the vacancy, the seventh member | 4959 |
of the commission, who shall not be affiliated with a political | 4960 |
party. If these members fail to appoint the seventh member within | 4961 |
this forty-five-day period, the chief justice of the supreme | 4962 |
court, within fifteen days after the end of this period, shall | 4963 |
appoint the seventh member, who shall not be affiliated with a | 4964 |
political party. If a vacancy occurs in any of the other six | 4965 |
positions on the commission, the legislative leaders of the | 4966 |
political party from whose list of persons the member being | 4967 |
replaced was appointed shall submit to the governor, not later | 4968 |
than thirty days after the date of the vacancy, a list of three | 4969 |
persons who are affiliated with that political party. Not later | 4970 |
than fifteen days after receiving the list, the governor, with the | 4971 |
advice and consent of the senate, shall appoint one person from | 4972 |
the list to the commission. | 4973 |
(3) At no time shall more than six members of the commission | 4974 |
be affiliated with a political party, and, of these six members, | 4975 |
not more than three shall be affiliated with the same political | 4976 |
party. | 4977 |
(4) In making appointments to the commission, the governor | 4978 |
shall take into consideration the various geographic areas of this | 4979 |
state and shall appoint members so that those areas are | 4980 |
represented on the commission in a balanced manner, to the extent | 4981 |
feasible. | 4982 |
(5) Members of the commission shall be registered electors | 4983 |
and shall be of good moral character. | 4984 |
(B) Each member of the Ohio elections commission shall hold | 4985 |
office from the date of the member's appointment until the end of | 4986 |
the term for which the member was appointed. A member appointed to | 4987 |
fill a vacancy occurring prior to the expiration of the term for | 4988 |
which the member's predecessor was appointed shall hold office for | 4989 |
the remainder of that term. A member shall continue in office | 4990 |
subsequent to the expiration date of the member's term until the | 4991 |
member's successor takes office or until a period of sixty days | 4992 |
has elapsed, whichever occurs first. After the initial terms of | 4993 |
office provided for in division (A)(1) of this section, terms of | 4994 |
office shall be for five years. | 4995 |
(C) A vacancy in the Ohio elections commission may be caused | 4996 |
by death, resignation, or three absences from commission meetings | 4997 |
in a calendar year if those absences are caused by reasons | 4998 |
declared invalid by a vote of five members of the remaining | 4999 |
members of the commission. | 5000 |
(D) Each member of the Ohio elections commission while in the | 5001 |
performance of the business of the commission shall be entitled to | 5002 |
receive compensation at the rate of twenty-five thousand dollars | 5003 |
per year. Members shall be reimbursed for expenses actually and | 5004 |
necessarily incurred in the performance of their duties. | 5005 |
(E) No member of the Ohio elections commission shall serve | 5006 |
more than one full term unless the terms served are served | 5007 |
nonconsecutively. | 5008 |
(F)(1) No member of the Ohio elections commission shall do or | 5009 |
be any of the following: | 5010 |
(a) Hold, or be a candidate for, a public office; | 5011 |
(b) Serve on a committee supporting or opposing a candidate | 5012 |
or ballot question or issue; | 5013 |
(c) Be an officer of the state central committee, a county | 5014 |
central committee, or a district, city, township, or other | 5015 |
committee of a political party or an officer of the executive | 5016 |
committee of the state central committee, a county central | 5017 |
committee, or a district, city, township, or other committee of a | 5018 |
political party; | 5019 |
(d) Be a legislative agent as defined in section 101.70 of | 5020 |
the Revised Code or an executive agency lobbyist as defined in | 5021 |
section 121.60 of the Revised Code; | 5022 |
(e) Solicit or be involved in soliciting contributions on | 5023 |
behalf of a candidate, campaign committee, political party, | 5024 |
political action committee, | 5025 |
entity engaging in electioneering; | 5026 |
(f) Be in the unclassified service under section 124.11 of | 5027 |
the Revised Code; | 5028 |
(g) Be a person or employee described in divisions (C)(1) to | 5029 |
(15) of section 4117.01 of the Revised Code. | 5030 |
(2) No member or employee of the commission shall make a | 5031 |
contribution to, or for the benefit of, a campaign committee or | 5032 |
committee in support of or opposition to a ballot question or | 5033 |
issue, a political party, | 5034 |
action committee, | 5035 |
engaging in electioneering. | 5036 |
(G)(1) The members of the Ohio elections commission shall | 5037 |
elect a chairperson and a vice-chairperson. At no time shall the | 5038 |
chairperson and vice-chairperson be affiliated with the same | 5039 |
political party. The chairperson shall serve in that capacity for | 5040 |
one year and shall not serve as chairperson more than twice during | 5041 |
a term as a member of the commission. No two successive | 5042 |
chairpersons shall be affiliated with the same political party. | 5043 |
(2) The commission shall meet at the call of the chairperson | 5044 |
or upon the written request of a majority of the members. The | 5045 |
meetings and hearings of the commission or a panel of the | 5046 |
commission under sections 3517.153 to 3517.157 of the Revised Code | 5047 |
are subject to section 121.22 of the Revised Code. | 5048 |
(3) The commission shall adopt rules for its procedures in | 5049 |
accordance with Chapter 119. of the Revised Code. Five of the | 5050 |
seven members constitute a quorum. Except as otherwise provided in | 5051 |
this section and in sections 3517.154 to 3517.157 of the Revised | 5052 |
Code, no action shall be taken without the concurrence of a | 5053 |
majority of the members. | 5054 |
(H)(1) The Ohio elections commission shall employ the | 5055 |
technical, professional, and clerical employees that are necessary | 5056 |
for it to carry out its duties. | 5057 |
(2)(a) Notwithstanding section 109.02 of the Revised Code, | 5058 |
the commission shall employ a full-time attorney, and, as needed, | 5059 |
one or more investigatory attorneys to conduct investigations for | 5060 |
the commission or a panel of the commission. The commission may | 5061 |
employ or contract for the services of additional attorneys, as | 5062 |
needed. The full-time attorney shall do all of the following: | 5063 |
(i) Serve as the commission's attorney in regard to all legal | 5064 |
matters, including representing the commission at appeals from a | 5065 |
final determination of the commission, except that the full-time | 5066 |
attorney shall not perform the duties that an investigatory | 5067 |
attorney is required or requested to perform or that another | 5068 |
attorney the commission employs or contracts with for services is | 5069 |
required or requested to perform, and shall not represent the | 5070 |
commission in any legal proceeding in which the commission is a | 5071 |
named party; | 5072 |
(ii) At the request of the commission or a panel of the | 5073 |
commission, be present at a hearing held under sections 3517.154 | 5074 |
to 3517.156 of the Revised Code to rule on the admissibility of | 5075 |
evidence and to advise on the conduct of procedure; | 5076 |
(iii) Perform other duties as required by rule of the | 5077 |
commission. | 5078 |
(b) An attorney employed by or under contract with the | 5079 |
commission shall be licensed to practice law in this state. | 5080 |
(3)(a) Except as otherwise provided in division (H)(3)(b) of | 5081 |
this section, at least five members of the commission shall agree | 5082 |
on the employment of a person, a majority of the members shall | 5083 |
agree on the discharge of an employee, and a person employed by | 5084 |
the commission shall serve at the pleasure of the commission. | 5085 |
(b) At least five of the seven members shall agree on the | 5086 |
discharge of an investigatory attorney. | 5087 |
(I) There is hereby created in the state treasury the Ohio | 5088 |
elections commission fund. All moneys credited to the fund shall | 5089 |
be used solely for the purpose of paying expenses related to the | 5090 |
operation of the Ohio elections commission. | 5091 |
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio | 5092 |
elections commission shall review each complaint filed with the | 5093 |
commission under section 3517.153 of the Revised Code, shall | 5094 |
determine the nature of the complaint, and, unless division | 5095 |
(A)(2)(a) of this section requires that the complaint receive an | 5096 |
automatic expedited hearing, shall make a recommendation to the | 5097 |
commission for its disposition, in accordance with this section. | 5098 |
The attorney shall make the determination and the recommendation, | 5099 |
if required, not later than one business day after the complaint | 5100 |
is filed. | 5101 |
(2)(a) If the attorney determines that the complaint sets | 5102 |
forth a violation of division (B) of section 3517.21 or division | 5103 |
(B) of section 3517.22 of the Revised Code and that the complaint | 5104 |
is filed during one of the periods of time specified in division | 5105 |
(B)(1) of section 3517.156 of the Revised Code, or that the | 5106 |
complaint sets forth a violation described in division (D) of | 5107 |
section 3517.1010 of the Revised Code, the complaint shall receive | 5108 |
an automatic expedited hearing under section 3517.156 of the | 5109 |
Revised Code. | 5110 |
(b) If the attorney determines that the complaint sets forth | 5111 |
a failure to comply with or a violation of division (G), (I), (J), | 5112 |
(O), (P), or (Q) of section 3517.13, division (A) of section | 5113 |
3517.21, or division (A) of section 3517.22 of the Revised Code | 5114 |
and that the complaint is filed during one of the periods of time | 5115 |
specified in division (B)(1) of section 3517.156 of the Revised | 5116 |
Code, the attorney shall recommend to the commission that the | 5117 |
complaint receive an expedited hearing under section 3517.156 of | 5118 |
the Revised Code, and the complaint shall receive such a hearing. | 5119 |
(c) If the attorney determines that the complaint sets forth | 5120 |
a failure to comply with or a violation of a section of the | 5121 |
Revised Code over which the commission has jurisdiction to hear | 5122 |
complaints other than the sections described in divisions | 5123 |
(A)(2)(a) and (b) of this section, and unless the attorney makes a | 5124 |
determination as provided for in division (A)(3) of this section, | 5125 |
the attorney shall recommend to the commission that the complaint | 5126 |
be submitted to the commission under section 3517.155 of the | 5127 |
Revised Code. After the attorney makes that recommendation, the | 5128 |
attorney shall notify all parties to the complaint of the | 5129 |
attorney's recommendation. | 5130 |
(3)(a) If a complaint sets forth a failure to comply with or | 5131 |
a violation of a section of the Revised Code over which the | 5132 |
commission has jurisdiction to hear complaints other than the | 5133 |
sections described in divisions (A)(2)(a) and (b) of this section | 5134 |
and if the complaint is filed during one of the periods of time | 5135 |
specified in division (B)(1) of section 3517.156 of the Revised | 5136 |
Code, the attorney may determine that the complaint should receive | 5137 |
an expedited hearing under that section. The attorney shall make | 5138 |
that determination by considering one or more of the following: | 5139 |
(i) The number of prior failures to comply with or violations | 5140 |
of Title XXXV of the Revised Code that the person or entity | 5141 |
against whom the complaint has been brought has committed and any | 5142 |
prior penalties the commission has imposed on the person or | 5143 |
entity; | 5144 |
(ii) If the complaint involves a statement required to be | 5145 |
filed under section 3517.10, | 5146 |
5147 | |
Revised Code or an addendum required to be filed under section | 5148 |
3517.11 of the Revised Code that is filed late, how late the | 5149 |
filing is and how much time has elapsed between the deadline for | 5150 |
filing the statement or addendum and the filing of the complaint; | 5151 |
(iii) If the complaint involves contributions or expenditures | 5152 |
required to be reported under section 3517.10, | 5153 |
5154 | |
3517.109, or 3517.1011 of the Revised Code that are either not | 5155 |
reported or reported late, the number of contributions or | 5156 |
expenditures not reported or how late they were reported; | 5157 |
(iv) If the complaint involves contributions required to be | 5158 |
reported by a campaign committee under section
3517.10, | 5159 |
5160 | |
5161 | |
reported, whether any of the contributors of the contributions not | 5162 |
reported have a personal or professional relationship with the | 5163 |
campaign committee's candidate; | 5164 |
(v) If the complaint involves a statement required to be | 5165 |
filed under section 3517.10, | 5166 |
5167 | |
Revised Code that is incomplete or a report required to be made on | 5168 |
a campaign finance web site under section 3517.1011 of the Revised | 5169 |
Code that is incomplete, the degree to which it is incomplete; | 5170 |
(vi) If the complaint involves the receipt of contributions | 5171 |
in violation of section 3599.03 of the Revised Code, the dollar | 5172 |
amount and number of contributions received in violation of that | 5173 |
section; | 5174 |
(vii) If the complaint involves a failure to make the | 5175 |
identification or a misstatement of the identification required | 5176 |
under section 3517.105 or 3517.20 of the Revised Code, whether the | 5177 |
failure or misstatement was purposely made; | 5178 |
(viii) If the complaint sets forth a failure to comply with | 5179 |
or a violation of a section of the Revised Code described in | 5180 |
division (A)(2)(c) of this section, whether the person or entity | 5181 |
against whom the complaint has been made has committed more than | 5182 |
one such failure or violation within a reasonable amount of time, | 5183 |
or whether the cumulative nature of the failures or violations | 5184 |
indicates a systematic disregard for the law. | 5185 |
(b) Prior to making a determination under division (A)(3)(a) | 5186 |
of this section that the complaint should receive an expedited | 5187 |
hearing under section 3517.156 of the Revised Code, the attorney | 5188 |
shall take into consideration the number of panels of the | 5189 |
commission that have cases pending before them and the number of | 5190 |
cases pending before the panels and shall not make a determination | 5191 |
that will place an undue burden on a panel of the commission. | 5192 |
(c) If the attorney determines that the complaint should | 5193 |
receive an expedited hearing under section 3517.156 of the Revised | 5194 |
Code, the attorney shall recommend to the commission that the | 5195 |
complaint receive an expedited hearing, and, if a majority of the | 5196 |
members of the commission agrees with the recommendation, the | 5197 |
complaint shall receive an expedited hearing under that section. | 5198 |
(4) The attorney may join two or more complaints if the | 5199 |
attorney determines that the allegations in each complaint are of | 5200 |
the same or similar character, are based on the same act or | 5201 |
failure to act, or are based on two or more acts or failures to | 5202 |
act constituting parts of a common scheme or plan. If one | 5203 |
complaint contains two or more allegations, the attorney may | 5204 |
separate the allegations if they are not of the same or similar | 5205 |
character, if they are not based on the same act or failure to | 5206 |
act, or if they are not based on two or more acts or failures to | 5207 |
act constituting parts of a common scheme or plan. If the attorney | 5208 |
separates the allegations in a complaint, the attorney may make | 5209 |
separate recommendations under division (A)(2) or (3) of this | 5210 |
section for each allegation. | 5211 |
(B) Whenever a person or other entity files a complaint with | 5212 |
the commission setting forth a failure to comply with or a | 5213 |
violation of a section of the Revised Code as described in | 5214 |
division (A)(2)(c) of this section and the complaint is filed | 5215 |
during one of the periods of time specified in division (B)(1) of | 5216 |
section 3517.156 of the Revised Code, the person or entity may | 5217 |
request an expedited hearing under that section at the time the | 5218 |
complaint is filed. The attorney for the commission shall inform | 5219 |
the members of the commission of that request at the time the | 5220 |
attorney makes a recommendation under division (A) of this | 5221 |
section. The commission may grant the request for an expedited | 5222 |
hearing under this division if it determines that an expedited | 5223 |
hearing is practicable. | 5224 |
Sec. 3517.155. (A)(1) Except as otherwise provided in | 5225 |
division (B) of this section, the Ohio elections commission shall | 5226 |
hold its first hearing on a complaint filed with it, other than a | 5227 |
complaint that receives an expedited hearing under section | 5228 |
3517.156 of the Revised Code, not later than ninety business days | 5229 |
after the complaint is filed unless the commission has good cause | 5230 |
to hold the hearing after that time, in which case it shall hold | 5231 |
the hearing not later than one hundred eighty business days after | 5232 |
the complaint is filed. At the hearing, the commission shall | 5233 |
determine whether or not the failure to act or the violation | 5234 |
alleged in the complaint has occurred and shall do only one of the | 5235 |
following, except as otherwise provided in division (B) of this | 5236 |
section or in division (B) of section 3517.151 of the Revised | 5237 |
Code: | 5238 |
(a) Enter a finding that good cause has been shown not to | 5239 |
impose a fine or not to refer the matter to the appropriate | 5240 |
prosecutor; | 5241 |
(b) Impose a fine under section 3517.993 of the Revised Code; | 5242 |
(c) Refer the matter to the appropriate prosecutor; | 5243 |
(d) Direct the secretary of state or appropriate board of | 5244 |
elections with the authority to certify a candidate to the ballot | 5245 |
to remove a candidate's name from the ballot if the candidate is | 5246 |
barred from the ballot under division (D) of section 3517.1010 of | 5247 |
the Revised Code. | 5248 |
(2) As used in division (A) of this section, "appropriate | 5249 |
prosecutor" means a prosecutor as defined in section 2935.01 of | 5250 |
the Revised Code and either of the following: | 5251 |
(a) In the case of a failure to comply with or a violation of | 5252 |
law involving a campaign committee or the committee's candidate, a | 5253 |
political party, | 5254 |
committee, | 5255 |
engaging in electioneering, that is required to file a statement | 5256 |
of contributions and expenditures with the secretary of state | 5257 |
under division (A) of section 3517.11 of the Revised Code, the | 5258 |
prosecutor of Franklin county; | 5259 |
(b) In the case of a failure to comply with or a violation of | 5260 |
law involving any other campaign committee or committee's | 5261 |
candidate, or any other political party or political action | 5262 |
committee, either of the following as determined by the | 5263 |
commission: | 5264 |
(i) The prosecutor of Franklin county; | 5265 |
(ii) The prosecutor of the county in which the candidacy or | 5266 |
ballot question or issue is submitted to the electors or, if it is | 5267 |
submitted in more than one county, the most populous of those | 5268 |
counties. | 5269 |
(B) If the commission decides that the evidence is | 5270 |
insufficient for it to determine whether or not the failure to act | 5271 |
or the violation alleged in the complaint has occurred, the | 5272 |
commission, by the affirmative vote of five members, may request | 5273 |
that an investigatory attorney investigate the complaint. Upon | 5274 |
that request, an investigatory attorney shall make an | 5275 |
investigation in order to produce sufficient evidence for the | 5276 |
commission to decide the matter. If the commission requests an | 5277 |
investigation under this division, for good cause shown by the | 5278 |
investigatory attorney, the commission may extend by sixty days | 5279 |
the deadline for holding its first hearing on the complaint as | 5280 |
required in division (A) of this section. | 5281 |
(C) The commission shall take one of the actions required | 5282 |
under division (A) of this section not later than thirty days | 5283 |
after the close of all the evidence presented. | 5284 |
(D)(1) The commission shall make any finding of a failure to | 5285 |
comply with or a violation of law in regard to a complaint that | 5286 |
alleges a violation of division (D) of section 3517.1010, division | 5287 |
(A) or (B) of section 3517.21, or division (A) or (B) of section | 5288 |
3517.22 of the Revised Code by clear and convincing evidence. The | 5289 |
commission shall make any finding of a failure to comply with or a | 5290 |
violation of law in regard to any other complaint by a | 5291 |
preponderance of the evidence. | 5292 |
(2) If the commission finds a violation of division (B) of | 5293 |
section 3517.21 or division (B) of section 3517.22 of the Revised | 5294 |
Code, it shall refer the matter to the appropriate prosecutor | 5295 |
under division (A)(1)(c) of this section and shall not impose a | 5296 |
fine under division (A)(1)(b) of this section or section 3517.993 | 5297 |
of the Revised Code. | 5298 |
(E) In an action before the commission or a panel of the | 5299 |
commission, if the allegations of the complainant are not proved, | 5300 |
and the commission takes the action described in division | 5301 |
(A)(1)(a) of this section or a panel of the commission takes the | 5302 |
action described in division (C)(1) of section 3517.156 of the | 5303 |
Revised Code, the commission or a panel of the commission may find | 5304 |
that the complaint is frivolous, and, if the commission or panel | 5305 |
so finds, the commission shall order the complainant to pay | 5306 |
reasonable attorney's fees and to pay the costs of the commission | 5307 |
or panel as determined by a majority of the members of the | 5308 |
commission. The costs paid to the commission or panel under this | 5309 |
division shall be deposited into the Ohio elections commission | 5310 |
fund. | 5311 |
Sec. 3517.20. (A)(1) As used in division (A) of this | 5312 |
section: | 5313 |
(a) "Political publication for or against a candidate" means | 5314 |
a notice, placard, advertisement, sample ballot, brochure, flyer, | 5315 |
direct mailer, or | 5316 |
designed to promote the nomination, election, or defeat of a | 5317 |
candidate. | 5318 |
(b) "Political publication for or against an issue" means a | 5319 |
notice, placard, advertisement, sample ballot, brochure, flyer, | 5320 |
direct mailer, or | 5321 |
designed to promote the adoption or defeat of a ballot issue or | 5322 |
question or to influence the voters in an election. | 5323 |
(c) "Public political advertising" means newspapers, | 5324 |
magazines, outdoor advertising facilities, direct mailings, or | 5325 |
other similar types of general public political advertising, or | 5326 |
flyers, handbills, or other nonperiodical printed matter. | 5327 |
(d) "Statewide candidate" has the same meaning as in section | 5328 |
3517.102 of the Revised Code. | 5329 |
(e) "Legislative candidate" means a candidate for the office | 5330 |
of member of the general assembly. | 5331 |
(f) "Local candidate" means a candidate for an elective | 5332 |
office of a political subdivision of this state. | 5333 |
(g) | 5334 |
5335 |
| 5336 |
5337 |
| 5338 |
contributing entity of fewer than ten members. | 5339 |
| 5340 |
case of a local candidate or a local ballot issue, two hundred | 5341 |
fifty dollars in the case of a legislative candidate, or five | 5342 |
hundred dollars in the case of a statewide candidate or a | 5343 |
statewide ballot issue. | 5344 |
| 5345 |
reproduce for distribution, or cause to be issued, printed, | 5346 |
posted, distributed, or reproduced for distribution. | 5347 |
(2) No candidate, campaign committee, | 5348 |
5349 | |
in electioneering, or other entity, except a | 5350 |
5351 | |
political publication for or against a candidate, or shall make an | 5352 |
expenditure for the purpose of financing political communications | 5353 |
in support of or opposition to a candidate through public | 5354 |
political advertising, unless the name and residence or business | 5355 |
address of the candidate or the chairperson, treasurer, or | 5356 |
secretary of the
campaign committee, | 5357 |
political party, political action committee, entity engaging in | 5358 |
electioneering, or other entity that issues or otherwise is | 5359 |
responsible for that political publication or that makes an | 5360 |
expenditure for that political communication appears in a | 5361 |
conspicuous place on that political publication or is contained | 5362 |
within that political communication. | 5363 |
(3) No | 5364 |
political contributing entity shall do either of the following | 5365 |
unless the name and residence or business address of the | 5366 |
chairperson, treasurer, or secretary of
the | 5367 |
5368 | |
appears in a conspicuous place in the political publication for or | 5369 |
against a candidate described in division (A)(3)(a) of this | 5370 |
section or is contained within the political communication | 5371 |
described in division (A)(3)(b) of this section: | 5372 |
(a) Issue a form of political publication for or against a | 5373 |
candidate that costs in excess of the designated amount or that is | 5374 |
issued in cooperation, consultation, or concert with, or at the | 5375 |
request or suggestion of, a candidate, a campaign
committee, | 5376 |
5377 | |
committee | 5378 |
electioneering, a political contributing entity with ten or more | 5379 |
members, or a
| 5380 |
political contributing entity that spends in excess of the | 5381 |
designated amount on a related or the same or similar political | 5382 |
publication for or against a candidate; | 5383 |
(b) Make an expenditure in excess of the designated amount in | 5384 |
support of or opposition to a candidate or make an expenditure in | 5385 |
cooperation, consultation, or concert with, or at the request or | 5386 |
suggestion of, a candidate, a campaign committee,
| 5387 |
5388 | |
5389 | |
political contributing entity with ten or more members, or a | 5390 |
5391 | |
contributing entity that spends in excess of the designated amount | 5392 |
in support of or opposition to the same candidate, for the purpose | 5393 |
of financing political communications in support of or opposition | 5394 |
to that candidate through public political advertising. | 5395 |
(4) No | 5396 |
5397 | |
shall issue a form of political publication for or against a | 5398 |
candidate, or shall make an expenditure for the purpose of | 5399 |
financing political communications in support of or opposition to | 5400 |
a candidate through public political advertising, unless the name | 5401 |
and residence or business address of the chairperson, treasurer, | 5402 |
or
secretary of the | 5403 |
contributing entity that issues or otherwise is responsible for | 5404 |
that political publication or that makes an expenditure for that | 5405 |
political communication through public political advertising | 5406 |
appears in a conspicuous place in that political publication or is | 5407 |
contained within that political communication. | 5408 |
(5) No corporation, nonprofit corporation, labor | 5409 |
organization, campaign
committee, | 5410 |
political party, political action committee, entity engaging in | 5411 |
engineering, or other
entity | 5412 |
shall issue a form of political publication for or against an | 5413 |
issue, or shall make an expenditure for the purpose of financing | 5414 |
political communications in support of or opposition to a ballot | 5415 |
issue or question through public political advertising, unless the | 5416 |
name and residence or business address of the chairperson, | 5417 |
treasurer, or secretary of the corporation, nonprofit corporation, | 5418 |
labor organization,
campaign committee, | 5419 |
political party, political action committee, entity engaging in | 5420 |
electioneering, or other entity that issues or otherwise is | 5421 |
responsible for that political publication or that makes an | 5422 |
expenditure for that political communication through public | 5423 |
political advertising appears in a conspicuous place in that | 5424 |
political publication or is contained within that political | 5425 |
communication. | 5426 |
(6) | 5427 |
5428 | |
5429 | |
5430 | |
5431 | |
5432 | |
5433 | |
5434 |
| 5435 |
5436 | |
5437 | |
5438 | |
5439 | |
5440 | |
5441 | |
5442 | |
5443 |
| 5444 |
5445 | |
5446 | |
5447 | |
5448 | |
5449 | |
5450 | |
5451 | |
5452 | |
5453 |
| 5454 |
5455 | |
5456 | |
5457 | |
5458 | |
5459 | |
5460 | |
5461 | |
5462 | |
5463 | |
5464 |
| 5465 |
sufficient to meet the requirements of this section. | 5466 |
| 5467 |
of this section is issued by the regularly constituted central or | 5468 |
executive committee of a political party that is organized as | 5469 |
provided in
| 5470 |
shall be sufficiently identified if it bears the name of the | 5471 |
committee and its chairperson or treasurer. | 5472 |
| 5473 |
political communications are mailed as a single packet, the | 5474 |
requirements of division (A) of this section are met if one of the | 5475 |
pieces of printed matter or printed political communications in | 5476 |
the packet contains the name and residence or business address of | 5477 |
the chairperson, treasurer, or secretary of the organization or | 5478 |
entity that issues or is responsible for the printed matter or | 5479 |
other printed political communications. | 5480 |
| 5481 |
personal correspondence that is not reproduced by machine for | 5482 |
general distribution. | 5483 |
| 5484 |
requirements of this section, printed matter and certain other | 5485 |
kinds of printed communications such as campaign buttons, | 5486 |
balloons, pencils, or similar items, the size or nature of which | 5487 |
makes it unreasonable to add an identification or disclaimer. | 5488 |
| 5489 |
division (A) of this section, when paid for by a campaign | 5490 |
committee, shall be identified by the words "paid for by" followed | 5491 |
by the name and address of the campaign committee and the | 5492 |
appropriate officer of the committee, identified by name and | 5493 |
title. The identification or disclaimer may use reasonable | 5494 |
abbreviations for common terms such as "treasurer" or "committee". | 5495 |
(B)(1) No
candidate, campaign committee, | 5496 |
5497 | |
5498 | |
political contributing entity, limited political contributing | 5499 |
entity, or other entity shall utter or cause to be uttered, over | 5500 |
the broadcasting facilities of any radio or television station | 5501 |
within this state, any communication that is designed to promote | 5502 |
the nomination, election, or defeat of a candidate, or the | 5503 |
adoption or defeat of an issue or to influence the voters in an | 5504 |
election, unless the speaker identifies the speaker with the | 5505 |
speaker's name and residence address or unless the communication | 5506 |
identifies the chairperson, treasurer, or secretary of the | 5507 |
organization responsible for the communication with the name and | 5508 |
residence or business address of that officer, except that | 5509 |
communications by radio need not broadcast the residence or | 5510 |
business address of the officer. However, a radio station, for a | 5511 |
period of at least six months, shall keep the residence or | 5512 |
business address on file and divulge it to any person upon | 5513 |
request. | 5514 |
No person operating a broadcast station or an organ of | 5515 |
printed media shall broadcast or print a paid political | 5516 |
communication that does not contain the identification required by | 5517 |
this section. | 5518 |
(2) Division (B) of this section does not apply to any | 5519 |
communications made on behalf of a radio or television station or | 5520 |
network by any employee of such radio or television station or | 5521 |
network while acting in the course of the employee's employment. | 5522 |
(3) No candidate or entity described in division (B)(1) of | 5523 |
this section shall use or cause to be used a false, fictitious, or | 5524 |
fraudulent name or address in the making or issuing of a | 5525 |
publication or communication included within the provisions of | 5526 |
this section. | 5527 |
(C) Before a prosecution may commence under this section, a | 5528 |
complaint shall be filed with the Ohio elections commission under | 5529 |
section 3517.153 of the Revised Code. After the complaint is | 5530 |
filed, the commission shall proceed in accordance with sections | 5531 |
3517.154 to 3517.157 of the Revised Code. | 5532 |
Sec. 3517.23. The secretary of state shall adopt rules in | 5533 |
accordance with Chapter 119. of the Revised Code that are | 5534 |
necessary for the administration and enforcement of sections | 5535 |
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and | 5536 |
3599.031 of the Revised Code and shall provide each candidate, | 5537 |
political action committee, | 5538 |
party, | 5539 |
electioneering with written instructions and explanations in order | 5540 |
to ensure compliance with sections 3517.08 to 3517.13, 3517.17, | 5541 |
3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised | 5542 |
Code. | 5543 |
Sec. 3517.992. This section establishes penalties only with | 5544 |
respect to acts or failures to act that occur on and after August | 5545 |
24, 1995. | 5546 |
(A)(1) A candidate whose campaign committee violates division | 5547 |
(A), (B), (C),
(D), or | 5548 |
Code, or a treasurer of a campaign committee who violates any of | 5549 |
those divisions, shall be fined not more than one hundred dollars | 5550 |
for each day of violation. | 5551 |
(2) Whoever violates division (E) of section 3517.13 of the | 5552 |
Revised Code shall be fined not more than one hundred dollars for | 5553 |
each day of violation. | 5554 |
(B) A political party that violates division (F)(1) of | 5555 |
section 3517.101 of the Revised Code shall be fined not more than | 5556 |
one hundred dollars for each day of violation. | 5557 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 5558 |
division (G)(1)(b) or (G)(2) of section 3517.13 of the Revised | 5559 |
Code shall be fined not more than ten thousand dollars or, if the | 5560 |
offender is a person who was nominated or elected to public | 5561 |
office, shall forfeit the nomination or the office to which the | 5562 |
offender was elected, or both. | 5563 |
(D) Whoever violates division (F) of section 3517.13 of the | 5564 |
Revised Code shall be fined not more than three times the amount | 5565 |
contributed. | 5566 |
(E) Whoever violates division (H) of section 3517.13 of the | 5567 |
Revised Code shall be fined not more than one hundred dollars. | 5568 |
(F) Whoever violates division (O), (P), or (Q) of section | 5569 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 5570 |
first degree. | 5571 |
(G) A state or county committee of a political party that | 5572 |
violates division (B)(1) of section 3517.18 of the Revised Code | 5573 |
shall be fined not more than twice the amount of the improper | 5574 |
expenditure. | 5575 |
(H) A state or county political party that violates division | 5576 |
(G) of section 3517.101 of the Revised Code shall be fined not | 5577 |
more than twice the amount of the improper expenditure or use. | 5578 |
(I)(1)(a)(i) Except as otherwise provided in division | 5579 |
(I)(1)(a)(ii) of this section, an individual who violates division | 5580 |
(B)(1)(a) of section 3517.102 of the Revised Code is guilty of a | 5581 |
misdemeanor of the first degree. | 5582 |
(ii) An individual who has been convicted of a violation of | 5583 |
division (B)(1)(a) of section 3517.102 of the Revised Code and is | 5584 |
again convicted of a violation of that division is, on the second | 5585 |
conviction and on any subsequent conviction, guilty of a felony of | 5586 |
the third degree. | 5587 |
(b) Any individual who violates division (B)(1)(b), (c), (d), | 5588 |
or (e) of section 3517.102 of the Revised Code and knows that the | 5589 |
contribution the individual makes violates that division shall be | 5590 |
fined an amount equal to three times the amount contributed in | 5591 |
excess of the amount permitted by that division. | 5592 |
(c)(i) Except as otherwise provided in division (I)(1)(c)(ii) | 5593 |
of this section, an individual who violates division (B)(1)(f) of | 5594 |
section 3517.102 of the Revised Code is guilty of a misdemeanor of | 5595 |
the first degree. | 5596 |
(ii) An individual who has been convicted of a violation of | 5597 |
division (B)(1)(f) of section 3517.102 of the Revised Code and is | 5598 |
again convicted of a violation of that division is, on the second | 5599 |
conviction and on any subsequent conviction, guilty of a felony of | 5600 |
the third degree. | 5601 |
(2)(a)(i) Except as otherwise provided in division | 5602 |
(I)(2)(a)(ii) of this section, any political action committee that | 5603 |
violates division (B)(2)(a) of section 3517.102 of the Revised | 5604 |
Code is guilty of a misdemeanor of the first degree. | 5605 |
(ii) Any political action committee that has been convicted | 5606 |
of a violation of division (B)(2)(a) of section 3517.102 of the | 5607 |
Revised Code and is again convicted of a violation of that | 5608 |
division is, on the second conviction and on any subsequent | 5609 |
conviction, guilty of a felony of the third degree. | 5610 |
(b) Any political action committee that violates division | 5611 |
(B)(2)(b), (c), or (d) of section 3517.102 of the Revised Code | 5612 |
shall be fined an amount equal to three times the amount | 5613 |
contributed in excess of the amount permitted by that division. | 5614 |
(3)(a)(i) Except as otherwise provided in division | 5615 |
(I)(3)(a)(ii) of this section, any campaign committee that | 5616 |
violates division (B)(3)(a) of section 3517.102 of the Revised | 5617 |
Code is guilty of a misdemeanor of the first degree. | 5618 |
(ii) Any campaign committee that has been convicted of a | 5619 |
violation of division (B)(3)(a) of section 3517.102 of the Revised | 5620 |
Code and is again convicted of a violation of that division is, on | 5621 |
the second conviction and on any subsequent conviction, guilty of | 5622 |
a felony of the third degree. | 5623 |
(b) Any campaign committee that violates division (B)(3)(b) | 5624 |
or (c) or (B)(5) of section 3517.102 of the Revised Code shall be | 5625 |
fined an amount equal to three times the amount contributed in | 5626 |
excess of the amount permitted by that division. | 5627 |
(4)(a) | 5628 |
5629 | |
5630 | |
5631 |
| 5632 |
(I)(4)(a)(ii) of this section, any state political party | 5633 |
county political party | 5634 |
5635 | |
(B)(6) of section 3517.102
of the Revised
Code | 5636 |
5637 | |
5638 | |
is guilty of a misdemeanor of the first degree. | 5639 |
(ii) Any state political party or county political party that | 5640 |
has been convicted of a violation of division (B)(6) of section | 5641 |
3517.102 of the Revised Code and is again convicted of a violation | 5642 |
of that division is, on the second conviction and on any | 5643 |
subsequent conviction, guilty of a felony of the third degree. | 5644 |
| 5645 |
(I)(4)(b)(i)(II) of this section, any political contributing | 5646 |
entity that violates division (B)(7)(a) of section 3517.102 of the | 5647 |
Revised Code is guilty of a misdemeanor of the first degree. | 5648 |
(II) Any political contributing entity that has been | 5649 |
convicted of a violation of division (B)(7)(a) of section 3517.102 | 5650 |
of the Revised Code and is again convicted of a violation of that | 5651 |
division is, on the second conviction and on any subsequent | 5652 |
conviction, guilty of a felony of the third degree. | 5653 |
(ii) Any political contributing entity that violates division | 5654 |
(B)(7)(b), (c), or (d) of section 3517.102 of the Revised Code | 5655 |
shall be fined an amount equal to three times the amount | 5656 |
contributed in excess of the amount permitted by that division. | 5657 |
(5) Any political party that violates division (B)(4) of | 5658 |
section 3517.102 of the Revised Code shall be fined an amount | 5659 |
equal to three times the amount contributed in excess of the | 5660 |
amount permitted by that division. | 5661 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 5662 |
of this section, no violation of division (B) of section 3517.102 | 5663 |
of the Revised Code occurs, and the secretary of state shall not | 5664 |
refer parties to the Ohio elections commission, if the amount | 5665 |
transferred or contributed in excess of the amount permitted by | 5666 |
that division meets either of the following conditions: | 5667 |
(a) It is completely refunded within five business days after | 5668 |
it is accepted. | 5669 |
(b) It is completely refunded on or before the tenth business | 5670 |
day after notification to the recipient of the excess transfer or | 5671 |
contribution by the board of elections or the secretary of state | 5672 |
that a transfer or contribution in excess of the permitted amount | 5673 |
has been received. | 5674 |
(J)(1) Any campaign committee that violates division
(C)(1) | 5675 |
5676 | |
fined an amount equal to three times the amount accepted in excess | 5677 |
of the amount permitted by that division. | 5678 |
(2) Any state or county political party that violates | 5679 |
division
(C) | 5680 |
be
fined an amount | 5681 |
times the amount accepted in excess of the amount permitted by | 5682 |
that division. | 5683 |
(3) | 5684 |
5685 | |
5686 | |
5687 |
| 5688 |
entity
that
violates division (C) | 5689 |
Revised Code shall be fined an amount equal to three times the | 5690 |
amount accepted in excess of the amount permitted by that | 5691 |
division. | 5692 |
| 5693 |
5694 | |
3517.102 of the Revised Code occurs, and the secretary of state | 5695 |
shall not refer parties to the Ohio elections commission, if the | 5696 |
amount transferred or contributed in excess of the amount | 5697 |
permitted to be accepted by that division meets either of the | 5698 |
following conditions: | 5699 |
(a) It is completely refunded within five business days after | 5700 |
its acceptance. | 5701 |
(b) It is completely refunded on or before the tenth business | 5702 |
day after notification to the recipient of the excess transfer or | 5703 |
contribution by the board of elections or the secretary of state | 5704 |
that a transfer or contribution in excess of the permitted amount | 5705 |
has been received. | 5706 |
(K) | 5707 |
5708 | |
5709 |
| 5710 |
5711 | |
5712 | |
5713 | |
5714 | |
5715 |
| 5716 |
shall be fined one thousand dollars. | 5717 |
| 5718 |
section 3517.092 or violates division (B) of section 3517.09 of | 5719 |
the Revised Code is guilty of a misdemeanor of the first degree. | 5720 |
(2) Whoever knowingly accepts a contribution in violation of | 5721 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 5722 |
be fined an amount equal to three times the amount accepted in | 5723 |
violation of either of those divisions and shall return to the | 5724 |
contributor any amount so accepted. Whoever unknowingly accepts a | 5725 |
contribution in violation of division (B) or (C) of section | 5726 |
3517.092 of the Revised Code shall return to the contributor any | 5727 |
amount so accepted. | 5728 |
| 5729 |
the Revised Code shall be fined an amount equal to three times the | 5730 |
amount of funds transferred or three times the value of the assets | 5731 |
transferred in violation of that division. | 5732 |
| 5733 |
contributions in violation of section 3517.108 of the Revised | 5734 |
Code, uses a contribution in violation of that section, or fails | 5735 |
to dispose of excess contributions in violation of that section | 5736 |
shall be fined an amount equal to three times the amount accepted, | 5737 |
used, or kept in violation of that section. | 5738 |
| 5739 |
5740 | |
5741 | |
5742 | |
5743 |
| 5744 |
violates division | 5745 |
shall be fined not more than two hundred fifty dollars. | 5746 |
| 5747 |
3517.13 of the Revised Code shall be fined not more than one | 5748 |
thousand dollars. Whenever a person is found guilty of violating | 5749 |
division (I) or (J) of section 3517.13 of the Revised Code, the | 5750 |
contract awarded in violation of either of those divisions shall | 5751 |
be rescinded if its terms have not yet been performed. | 5752 |
| 5753 |
treasurer of a campaign committee who violates section 3517.081, | 5754 |
and a candidate whose campaign committee violates, or a treasurer | 5755 |
of a campaign committee, or another person who violates, division | 5756 |
(C) of section 3517.10 of the Revised Code, shall be fined not | 5757 |
more than five hundred dollars. | 5758 |
| 5759 |
treasurer of a committee who violates division (B), or a candidate | 5760 |
whose campaign committee violates, a treasurer of a committee, or | 5761 |
another person who violates division (C), of section 3517.09 of | 5762 |
the Revised Code shall be fined not more than one thousand | 5763 |
dollars. | 5764 |
| 5765 |
shall be fined not more than five hundred dollars. | 5766 |
| 5767 |
Revised Code shall be imprisoned for not more than six months or | 5768 |
fined not more than five thousand dollars, or both. | 5769 |
| 5770 |
declaration of no limits under division (D)(2) of section 3517.103 | 5771 |
of the Revised Code that, before filing that declaration, accepts | 5772 |
a contribution or contributions that exceed the limitations | 5773 |
prescribed in section 3517.102 of the Revised Code, shall return | 5774 |
that contribution or those contributions to the contributor. | 5775 |
| 5776 |
declaration of filing-day finances required by division (F) of | 5777 |
section 3517.109 or the declaration of primary-day finances or | 5778 |
declaration of year-end finances required by division (E) of | 5779 |
section 3517.1010 of the Revised Code shall be fined twenty-five | 5780 |
dollars for each day of violation. | 5781 |
| 5782 |
funds or excess aggregate contributions under division (B) of | 5783 |
section 3517.109 of the Revised Code in the manner required by | 5784 |
division (C) of that section or under division (B) of section | 5785 |
3517.1010 of the Revised Code in the manner required by division | 5786 |
(C) of that section shall give to the treasurer of state for | 5787 |
deposit into the Ohio elections commission fund | 5788 |
5789 | |
funds not disposed of pursuant to those divisions. | 5790 |
| 5791 |
committee, political contributing entity, | 5792 |
5793 | |
entity that violates any provision of sections 3517.09 to 3517.12 | 5794 |
of the Revised Code for which no penalty is provided for under any | 5795 |
other division of this section shall be fined not more than one | 5796 |
thousand dollars. | 5797 |
| 5798 |
section 3517.13 of the Revised Code shall be fined an amount equal | 5799 |
to three times the amount contributed, expended, or promised in | 5800 |
violation of that division or ten thousand dollars, whichever | 5801 |
amount is greater. | 5802 |
(2) Whoever knowingly violates division | 5803 |
3517.13 of the Revised Code shall be fined an amount equal to | 5804 |
three times the amount solicited or accepted in violation of that | 5805 |
division or ten thousand dollars, whichever amount is greater. | 5806 |
(Z)(1) Except as otherwise provided in division (Z)(2) of | 5807 |
this section, whoever violates division (G)(1)(a) of section | 5808 |
3517.13 of the Revised Code is guilty of a felony of the fifth | 5809 |
degree. | 5810 |
(2) Whoever has been convicted of a violation of division | 5811 |
(G)(1)(a) of section 3517.13 of the Revised Code and is again | 5812 |
convicted of a violation of that division is, on the second | 5813 |
conviction and on any subsequent conviction, guilty of a felony of | 5814 |
the third degree. | 5815 |
(AA)(1) Except as otherwise provided in division (AA)(2) of | 5816 |
this section, whoever violates division (W) of section 3517.13 of | 5817 |
the Revised Code is guilty of a misdemeanor of the first degree. | 5818 |
(2) Whoever has been convicted of a violation of division (W) | 5819 |
of section 3517.13 of the Revised Code and is again convicted of a | 5820 |
violation of that division is, on the second conviction and on any | 5821 |
subsequent conviction, guilty of a felony of the third degree. | 5822 |
(BB)(1) Except as otherwise provided in division (BB)(2) of | 5823 |
this section, whoever violates division (X) of section 3517.13 of | 5824 |
the Revised Code is guilty of a misdemeanor of the first degree. | 5825 |
(2) Whoever has been convicted of a violation of division (X) | 5826 |
of section 3517.13 of the Revised Code and is again convicted of a | 5827 |
violation of that division is, on the second conviction and on any | 5828 |
subsequent conviction, guilty of a felony of the third degree. | 5829 |
(CC)(1)(a) Except as otherwise provided in division | 5830 |
(CC)(1)(b) of this section, whoever violates division (Y) of | 5831 |
section 3517.13 of the Revised Code is guilty of a misdemeanor of | 5832 |
the first degree and shall give to the treasurer of state for | 5833 |
deposit into the state treasury to the credit of the office of the | 5834 |
secretary of state any contribution that was the subject of the | 5835 |
violation of that division. | 5836 |
(b) Whoever has been convicted of a violation of division (Y) | 5837 |
of section 3517.13 of the Revised Code and is again convicted of a | 5838 |
violation of that division is, on the second conviction and on any | 5839 |
subsequent conviction, guilty of a felony of the third degree and | 5840 |
shall give to the treasurer of state for deposit into the state | 5841 |
treasury to the credit of the office of the secretary of state any | 5842 |
contribution that was the subject of the violation of that | 5843 |
division. | 5844 |
(2) Any contribution deposited into the state treasury to the | 5845 |
credit of the office of the secretary of state under division | 5846 |
(CC)(1) of this section shall be used by that office for the | 5847 |
purpose of employing additional special investigators. | 5848 |
(DD)(1) Whoever attempts to violate division (BB)(1) of | 5849 |
section 3517.13 of the Revised Code and has the contribution | 5850 |
attempted to be made under that division refused by the political | 5851 |
party, political action committee, or the political contributing | 5852 |
entity to which it was attempted to be made is guilty of a | 5853 |
misdemeanor of the first degree. | 5854 |
(2)(a) Except as otherwise provided in division (DD)(2)(b) of | 5855 |
this section, whoever violates division (BB) of section 3517.13 of | 5856 |
the Revised Code is guilty of a felony of the fourth degree. | 5857 |
(b) Except as otherwise provided in division (B) of section | 5858 |
2923.32 of the Revised Code, whoever has been convicted of a | 5859 |
violation of division (BB) of section 3517.13 of the Revised Code | 5860 |
and is again convicted of a violation of that division is, on the | 5861 |
second and on any subsequent conviction, guilty of a felony of the | 5862 |
third degree. | 5863 |
Sec. 3599.03. (A) Except to carry on activities specified in | 5864 |
sections 3517.082 and 3599.031 of the Revised Code and except as | 5865 |
provided in divisions (D), (E), and (F) of this section, no | 5866 |
corporation, no nonprofit corporation, and no labor organization, | 5867 |
directly or indirectly, shall pay or use, or offer, advise, | 5868 |
consent, or agree to pay or use, the corporation's money or | 5869 |
property, or the labor organization's money, including dues, | 5870 |
initiation fees, or other assessments paid by members, or | 5871 |
property, for or in aid of or opposition to a political party, a | 5872 |
candidate for election or nomination to public office, a political | 5873 |
action committee, | 5874 |
in electioneering, or any organization that supports or opposes | 5875 |
any such candidate, or for any partisan political purpose, shall | 5876 |
violate any law requiring the filing of an affidavit or statement | 5877 |
respecting such use of those funds, or shall pay or use the | 5878 |
corporation's or labor organization's money for the expenses of a | 5879 |
social fund-raising event for its political action committee if an | 5880 |
employee's or labor organization member's right to attend such an | 5881 |
event is predicated on the employee's or member's contribution to | 5882 |
the corporation's or labor organization's political action | 5883 |
committee. | 5884 |
Whoever violates division (A) of this section shall be fined | 5885 |
not less than five hundred nor more than five thousand dollars. | 5886 |
(B) No officer, stockholder, attorney, or agent of a | 5887 |
corporation or nonprofit corporation, no member, including an | 5888 |
officer, attorney, or agent, of a labor organization, and no | 5889 |
candidate, political party official, or other individual shall | 5890 |
knowingly aid, advise, solicit, or receive money or other property | 5891 |
in violation of division (A) of this section. | 5892 |
Whoever violates division (B) of this section shall be fined | 5893 |
not more than one thousand dollars, or imprisoned not more than | 5894 |
one year, or both. | 5895 |
(C) A corporation, a nonprofit corporation, or a labor | 5896 |
organization may use its funds or property for or in aid of or | 5897 |
opposition to a proposed or certified ballot issue. Such use of | 5898 |
funds or property shall be reported on a form prescribed by the | 5899 |
secretary of state. Reports of contributions in connection with | 5900 |
statewide ballot issues shall be filed with the secretary of | 5901 |
state. Reports of contributions in connection with local issues | 5902 |
shall be filed with the board of elections of the most populous | 5903 |
county of the district in which the issue is submitted or to be | 5904 |
submitted to the electors. Reports made pursuant to this division | 5905 |
shall be filed by the times specified in divisions (A)(1) and (2) | 5906 |
of section 3517.10 of the Revised Code. | 5907 |
(D) Any gift made pursuant to section 3517.101 of the Revised | 5908 |
Code does not constitute a violation of this section or of any | 5909 |
other section of the Revised Code. | 5910 |
(E) Any compensation or fees paid by a financial institution | 5911 |
to a state political party for services rendered pursuant to | 5912 |
division (B) of section 3517.19 of the Revised Code do not | 5913 |
constitute a violation of this section or of any other section of | 5914 |
the Revised Code. | 5915 |
(F) The use by a nonprofit corporation of its money or | 5916 |
property for communicating information for a purpose specified in | 5917 |
division (A) of this section is not a violation of that division | 5918 |
if the stockholders, members, donors, trustees, or officers of the | 5919 |
nonprofit corporation are the predominant recipients of the | 5920 |
communication. | 5921 |
(G) In addition to the laws listed in division (A) of section | 5922 |
4117.10 of the Revised Code that prevail over conflicting | 5923 |
agreements between employee organizations and public employers, | 5924 |
this section prevails over any conflicting provisions of | 5925 |
agreements between labor organizations and public employers | 5926 |
entered into pursuant to Chapter 4117. of the Revised Code. | 5927 |
(H) As used in this section, "labor organization" has the | 5928 |
same meaning as in section 3517.01 of the Revised Code. | 5929 |
Sec. 3599.031. (A) Notwithstanding any section of the | 5930 |
Revised Code and subject to divisions (C) and (H) of this section, | 5931 |
any employer may deduct from the wages and salaries of its | 5932 |
employees amounts for an account described in division (C) of this | 5933 |
section, a separate segregated fund, a political action committee | 5934 |
of the employer, a political action committee of a labor | 5935 |
organization of the employer's employees, a political action | 5936 |
committee of an association of which the employer is a member, a | 5937 |
political party, or a ballot issue that the employee by written | 5938 |
authorization may designate and shall transmit any amounts so | 5939 |
deducted as a separate written authorization described in division | 5940 |
(C) of this section shall direct. Any authorization authorizing a | 5941 |
deduction from an employee's wages or salary may be on a form that | 5942 |
is used to apply for or authorize membership in or authorize | 5943 |
payment of dues or fees to any organization, but the authorization | 5944 |
for a deduction shall be stated and signed separately from the | 5945 |
application for membership or the authorization for the payment of | 5946 |
dues or fees. The employer either may deduct from the amount to be | 5947 |
so transmitted a uniform amount determined by the employer to be | 5948 |
necessary to defray the actual cost of making such deduction and | 5949 |
transmittal, or may utilize its own funds in an amount it | 5950 |
determines is necessary to defray the actual administrative cost, | 5951 |
including making the deduction and transmittal. | 5952 |
(B) Any person who solicits an employee to authorize a | 5953 |
deduction from | 5954 |
division (A) of this section shall inform the employee at the time | 5955 |
of the
solicitation that | 5956 |
deduction, and that | 5957 |
authorization, without suffering any reprisal. | 5958 |
(C) If an employer establishes a separate account in the name | 5959 |
of an employee for the purpose of depositing into the account | 5960 |
amounts deducted from the wages and salary of the employee | 5961 |
pursuant to division (A) of this section or amounts directly given | 5962 |
by the employee to the employer for the support of a candidate, a | 5963 |
separate segregated fund, a political action committee of the | 5964 |
employer, a political action committee of a labor organization of | 5965 |
the employer's employees, a political action committee of an | 5966 |
association of which the employer is a member, a political party, | 5967 |
5968 | |
sign a written authorization designating the recipient of a | 5969 |
disbursement from that account. The written authorization required | 5970 |
under this division is separate and distinct from a written | 5971 |
authorization required under division (A) of this section. The | 5972 |
authorization required under this division shall clearly identify | 5973 |
and designate the candidate, separate segregated fund, political | 5974 |
action committee of the employer, political action committee of a | 5975 |
labor organization of the employer's employees, political action | 5976 |
committee of an association of which the employer is a member, | 5977 |
political party, | 5978 |
is to receive any disbursement from the account established | 5979 |
pursuant to this division. No person shall designate the recipient | 5980 |
of a disbursement from the account except the employee from whose | 5981 |
account the disbursement is made. No employer shall make a | 5982 |
disbursement from the account of an employee established under | 5983 |
this division unless the employer has received the written | 5984 |
authorization required under this division. | 5985 |
(D) An employer shall furnish the recipient of any amount | 5986 |
transmitted pursuant to this section with the employer's full name | 5987 |
and the full name of the labor organization of which the employee | 5988 |
whose amount is being transmitted is a member, if any. An employer | 5989 |
shall keep and maintain the authorization forms of all its | 5990 |
employees from whose wages and salaries any amounts were deducted | 5991 |
pursuant to division (A) of this section and the authorizations of | 5992 |
disbursements from accounts established under division (C) of this | 5993 |
section for a period of at least six years after the year in which | 5994 |
the deductions and disbursements were made. | 5995 |
(E) An employee who has made an authorization pursuant to | 5996 |
division (A) or (C) of this section may revoke that authorization | 5997 |
at any time. A revocation of the authorization does not affect any | 5998 |
deduction already made from an employee's wages and salary or any | 5999 |
amounts already transmitted or disbursed under this section. | 6000 |
(F) For purposes of this section and for the purpose of the | 6001 |
information required to be filed under division (B)(4)(b)(iii) of | 6002 |
section 3517.10 of the Revised Code: | 6003 |
(1) If an employer is a corporation, each subsidiary of a | 6004 |
parent corporation shall be considered an entity separate and | 6005 |
distinct from any other subsidiary and separate and distinct from | 6006 |
the parent corporation. | 6007 |
(2) Each national, regional, state, and local affiliate of a | 6008 |
labor organization shall be considered a distinct entity. | 6009 |
(G) Whoever violates division (C) of this section shall be | 6010 |
fined not less than fifty nor more than five hundred dollars for | 6011 |
each disbursement made in violation of that division. | 6012 |
(H) No public employer shall deduct from the wages and | 6013 |
salaries of its employees any amounts for the support of any | 6014 |
candidate, separate segregated fund, political action committee, | 6015 |
6016 | |
electioneering, or ballot issue. | 6017 |
(I) In addition to the laws listed in division (A) of section | 6018 |
4117.10 of the Revised Code that prevail over conflicting | 6019 |
agreements between employee organizations and public employers, | 6020 |
this section prevails over any conflicting provisions of | 6021 |
agreements between labor organizations and public employers | 6022 |
entered into pursuant to Chapter 4117. of the Revised Code. | 6023 |
(J) As used in this section: | 6024 |
(1) "Labor organization" and "separate segregated fund" have | 6025 |
the same meanings as in section 3517.01 of the Revised Code. | 6026 |
(2) "Public employer" means an employer that is the state or | 6027 |
a state agency, authority, commission, or board, a political | 6028 |
subdivision of the state, a school district or state institution | 6029 |
of higher learning, a public or special district, or any other | 6030 |
public employer. | 6031 |
(3) "Employee" includes only an employee who is a resident of | 6032 |
or is employed in this state. | 6033 |
Sec. 5727.61. Every public utility required by law to make | 6034 |
returns, statements, or reports to the tax commissioner under | 6035 |
sections 5727.01 to 5727.62 of the Revised Code shall file | 6036 |
6037 | |
prescribes, an affidavit, subscribed and sworn to by a person or | 6038 |
officer having
knowledge of the facts, setting forth that | 6039 |
public utility has not, during the preceding year, except as | 6040 |
permitted by sections 3517.082, 3599.03, and 3599.031 of the | 6041 |
Revised Code, directly or indirectly paid, used, or offered, | 6042 |
consented, or agreed to pay or use any of its money or property | 6043 |
for or in aid of or opposition to a political party, a candidate | 6044 |
for election or nomination to public office, or a political action | 6045 |
committee, | 6046 |
electioneering, or organization that supports or opposes any such | 6047 |
candidate or in any manner used any of its money or property for | 6048 |
any partisan political purpose whatever, or for the reimbursement | 6049 |
or indemnification of any person for money or property so used. | 6050 |
Such forms of affidavit as the commissioner prescribes shall be | 6051 |
attached to or made a part of the return, statement, or report | 6052 |
required to be made by | 6053 |
5727.01 to 5727.62 of the Revised Code. | 6054 |
As used in this section, "entity engaging in electioneering," | 6055 |
"political action committee," and "political party" have the same | 6056 |
meanings as in section 3517.01 of the Revised Code. | 6057 |
Sec. 5733.27. Every corporation required by law to make | 6058 |
returns, statements, or reports to the tax commissioner shall file | 6059 |
6060 | |
prescribes, an affidavit, subscribed and sworn to by a person or | 6061 |
officer having
knowledge of the facts, setting forth that | 6062 |
corporation has not, during the preceding year, except as | 6063 |
permitted by sections 3517.082, 3599.03, and 3599.031 of the | 6064 |
Revised Code, directly or indirectly paid, used, or offered, | 6065 |
consented, or agreed to pay or use any of its money or property | 6066 |
for or in aid of or opposition to a political party, a candidate | 6067 |
for election or nomination to public office, or a political action | 6068 |
committee, | 6069 |
electioneering, or organization that supports or opposes any such | 6070 |
candidate or in any manner used any of its money or property for | 6071 |
any partisan political purpose whatever, or for the reimbursement | 6072 |
or indemnification of any person for money or property so used. | 6073 |
Such forms of affidavit as the commissioner prescribes shall be | 6074 |
attached to or made a part of the return, statement, or report | 6075 |
required to be made by | 6076 |
As used in this section, "entity engaging in electioneering," | 6077 |
"political action committee," and "political party" have the same | 6078 |
meanings as in section 3517.01 of the Revised Code. | 6079 |
Section 2. That existing sections 101.34, 101.99, 102.03, | 6080 |
121.99, 127.13, 2921.01, 2921.43, 2923.31, 3501.05, 3513.10, | 6081 |
3517.01, 3517.03, 3517.06, 3517.08, 3517.082, 3517.09, 3517.092, | 6082 |
3517.10, 3517.102, 3517.103, 3517.105, 3517.106, 3517.108, | 6083 |
3517.109, 3517.1010, 3517.11, 3517.13, 3517.151, 3517.152, | 6084 |
3517.154, 3517.155, 3517.20, 3517.23, 3517.992, 3599.03, 3599.031, | 6085 |
5727.61, and 5733.27 of the Revised Code are hereby repealed. | 6086 |
Section 3. All accounts of a political party, other than the | 6087 |
account that contains the public moneys received from the Ohio | 6088 |
political party fund under section 3517.17 of the Revised Code or | 6089 |
that contains any gifts given to the political party pursuant to | 6090 |
section 3517.101 of the Revised Code, shall be combined into a | 6091 |
single account pursuant to division (D)(3)(c) of section 3517.10 | 6092 |
of the Revised Code. Except as otherwise provided in that | 6093 |
division, all other accounts of a political party, including any | 6094 |
state candidate fund maintained by a state or county political | 6095 |
party prior to the effective date of this section shall be | 6096 |
abolished within ninety days after the effective date of this | 6097 |
section. Not later than the date on which such a state candidate | 6098 |
fund is abolished, any moneys contained in the fund shall be | 6099 |
returned to the contributors to the fund in the full amount each | 6100 |
contributed or, if there is not a sufficient amount in the fund to | 6101 |
return the full amount to each, be returned to each | 6102 |
proportionately. | 6103 |
Section 4. On and after the effective date of this section, | 6104 |
all records of a political party shall be considered to be public | 6105 |
records and shall be open to public inspection and copying as | 6106 |
provided in division (D) of section 3517.03 of the Revised Code. | 6107 |
All records of a political party in existence on the effective | 6108 |
date of this section shall be maintained and open to public | 6109 |
inspection and copying for a period of ten years from the date | 6110 |
that each record was created or, if the date that the record was | 6111 |
created cannot be determined, shall be maintained and open to | 6112 |
public inspection and copying for a period of ten years from the | 6113 |
effective date of this section. | 6114 |
Section 5. Within ninety days after the effective date of | 6115 |
this section, each legislative campaign fund established by a | 6116 |
state political party under the version of section 3517.01 of the | 6117 |
Revised Code that was in effect prior to the effective date of | 6118 |
this section shall be abolished. Not later than the date on which | 6119 |
the legislative campaign fund is abolished, any moneys contained | 6120 |
in any account of the legislative campaign fund shall be returned | 6121 |
to the contributors to the fund in the full amount each | 6122 |
contributed or, if there is not a sufficient amount in the fund to | 6123 |
return the full amount to each, be returned to each | 6124 |
proportionately. | 6125 |
Section 6. Section 3513.10 of the Revised Code is presented | 6126 |
in this act as a composite of the section as amended by both Am. | 6127 |
Sub. H.B. 117 and Am. Sub. S.B. 9 of the 121st General Assembly. | 6128 |
The General Assembly, applying the principle stated in division | 6129 |
(B) of section 1.52 of the Revised Code that amendments are to be | 6130 |
harmonized if reasonably capable of simultaneous operation, finds | 6131 |
that the composite is the resulting version of the section in | 6132 |
effect prior to the effective date of the section as presented in | 6133 |
this act. | 6134 |