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To amend sections 3517.13 and 3517.992 and to enact | 1 |
section 3517.093 of the Revised Code to limit | 2 |
solicitations of and political contributions by | 3 |
owners and certain family members of owners of | 4 |
businesses that are seeking or that have been | 5 |
awarded public contracts. | 6 |
Section 1. That sections 3517.13 and 3517.992 be amended and | 7 |
section 3517.093 of the Revised Code be enacted to read as | 8 |
follows: | 9 |
Sec. 3517.093. (A) As used in this section: | 10 |
(1) "Family member of the holder of the state contract" means | 11 |
both of the following: | 12 |
(a) The spouse of any person identified in division (A)(2) of | 13 |
this section; | 14 |
(b) Any child seven years of age through seventeen years of | 15 |
age of any person identified in division (A)(2) of this section. | 16 |
(2) "Holder of the state contract" means any of the | 17 |
following: | 18 |
(a) An individual who has been awarded a state contract; | 19 |
(b) Any partner of a partnership that has been awarded a | 20 |
state contract; | 21 |
(c) Any shareholder of an association, including, without | 22 |
limitation, a professional association organized under Chapter | 23 |
1785. of the Revised Code, that has been awarded a state contract; | 24 |
(d) Any administrator of an estate that has been awarded a | 25 |
state contract; | 26 |
(e) Any executor of an estate that has been awarded a state | 27 |
contract; | 28 |
(f) Any trustee of a trust that has been awarded a state | 29 |
contract; | 30 |
(g) Any owner of more than twenty per cent of a corporation | 31 |
or business trust, except a professional association organized | 32 |
under Chapter 1785. of the Revised Code, that has been awarded a | 33 |
state contract. | 34 |
(3) "State contract" means a contract awarded by any agency | 35 |
or department of this state, the administrator of workers' | 36 |
compensation, or the employees of the bureau of workers' | 37 |
compensation, other than a contract awarded by competitive bidding | 38 |
or a contract incidental to such contract or which is by force | 39 |
account, for the purchase of goods costing more than five hundred | 40 |
dollars or services costing more than five hundred dollars. | 41 |
(4) "Statewide office" means the offices of governor, | 42 |
lieutenant governor, secretary of state, auditor of state, | 43 |
treasurer of state, and attorney general. | 44 |
(B) Beginning on the date a state contract is awarded and | 45 |
extending until one year following the conclusion of that | 46 |
contract, the holder of a statewide office, the speaker of the | 47 |
house of representatives, and the president of the senate shall | 48 |
not solicit a contribution from or direct a contribution by the | 49 |
holder of the state contract or a family member of the holder of | 50 |
the state contract to any of the following: | 51 |
(1) Any candidate or the campaign committee of any candidate; | 52 |
(2) A political party; | 53 |
(3) A ballot issue committee or a political action committee | 54 |
or other entity the primary purpose of which is to support or | 55 |
oppose any ballot issue or question that will be presented to | 56 |
voters throughout the entire state. | 57 |
(C) No candidate, campaign committee, political party, ballot | 58 |
issue committee, political action committee, or other entity shall | 59 |
knowingly accept a contribution in violation of division (B) of | 60 |
this section. | 61 |
(D) Division (B) of this section does not apply to | 62 |
solicitations made by the holder of a statewide office, the | 63 |
speaker of the house of representatives, or the president of the | 64 |
senate for contributions to the person's own campaign committee. | 65 |
(E)(1) Division (B) of this section does not apply to | 66 |
solicitations of contributions from or the directing of | 67 |
contributions by the holder of the state contract before the | 68 |
person became a partner of the partnership, shareholder of the | 69 |
association, administrator of the estate, executor of the estate, | 70 |
trustee of the trust, or owner of more than twenty per cent of a | 71 |
corporation or business trust or after the person ceased to hold | 72 |
any of those positions. | 73 |
(2) Division (B) of this section does not apply to | 74 |
solicitations of contributions from or the directing of | 75 |
contributions by a spouse of the holder of the state contract in | 76 |
any of the following circumstances: | 77 |
(a) Before the holder of the state contract became a partner | 78 |
of the partnership, shareholder of the association, administrator | 79 |
of the estate, executor of the estate, trustee of the trust, or | 80 |
owner of more than twenty per cent of a corporation or business | 81 |
trust; | 82 |
(b) After the holder of the state contract ceased to be a | 83 |
partner of the partnership, shareholder of the association, | 84 |
administrator of the estate, executor of the estate, trustee of | 85 |
the trust, or owner of more than twenty per cent of a corporation | 86 |
or business trust; | 87 |
(c) Before the two were married; | 88 |
(d) After the granting of a decree of divorce, dissolution of | 89 |
marriage, or annulment; | 90 |
(e) After the granting of an order in an action brought | 91 |
solely for legal separation. | 92 |
(3) Division (B) of this section does not apply to | 93 |
solicitations of contributions from or the directing of | 94 |
contributions by a child seven years of age through seventeen | 95 |
years of age of the holder of the state contract in either of the | 96 |
following circumstances: | 97 |
(a) Before the holder of the state contract became a partner | 98 |
of the partnership, shareholder of the association, administrator | 99 |
of the estate, executor of the estate, trustee of the trust, or | 100 |
owner of more than twenty per cent of a corporation or business | 101 |
trust; | 102 |
(b) After the holder of the state contract ceased to be a | 103 |
partner of the partnership, shareholder of the association, | 104 |
administrator of the estate, executor of the estate, trustee of | 105 |
the trust, or owner of more than twenty per cent of a corporation | 106 |
or business trust. | 107 |
Sec. 3517.13. (A)(1) No campaign committee of a statewide | 108 |
candidate shall fail to file a complete and accurate statement | 109 |
required under division (A)(1) of section 3517.10 of the Revised | 110 |
Code. | 111 |
(2) No campaign committee of a statewide candidate shall fail | 112 |
to file a complete and accurate monthly statement, and no campaign | 113 |
committee of a statewide candidate or a candidate for the office | 114 |
of chief justice or justice of the supreme court shall fail to | 115 |
file a complete and accurate two-business-day statement, as | 116 |
required under section 3517.10 of the Revised Code. | 117 |
As used in this division, "statewide candidate" has the same | 118 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 119 |
Code. | 120 |
(B) No campaign committee shall fail to file a complete and | 121 |
accurate statement required under division (A)(1) of section | 122 |
3517.10 of the Revised Code. | 123 |
(C) No campaign committee shall fail to file a complete and | 124 |
accurate statement required under division (A)(2) of section | 125 |
3517.10 of the Revised Code. | 126 |
(D) No campaign committee shall fail to file a complete and | 127 |
accurate statement required under division (A)(3) or (4) of | 128 |
section 3517.10 of the Revised Code. | 129 |
(E) No person other than a campaign committee shall knowingly | 130 |
fail to file a statement required under section 3517.10 or | 131 |
3517.107 of the Revised Code. | 132 |
(F) No person shall make cash contributions to any person | 133 |
totaling more than one hundred dollars in each primary, special, | 134 |
or general election. | 135 |
(G)(1) No person shall knowingly conceal or misrepresent | 136 |
contributions given or received, expenditures made, or any other | 137 |
information required to be reported by a provision in sections | 138 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 139 |
(2)(a) No person shall make a contribution to a campaign | 140 |
committee, political action committee, political contributing | 141 |
entity, legislative campaign fund, political party, or person | 142 |
making disbursements to pay the direct costs of producing or | 143 |
airing electioneering communications in the name of another | 144 |
person. | 145 |
(b) A person does not make a contribution in the name of | 146 |
another when either of the following applies: | 147 |
(i) An individual makes a contribution from a partnership or | 148 |
other unincorporated business account, if the contribution is | 149 |
reported by listing both the name of the partnership or other | 150 |
unincorporated business and the name of the partner or owner | 151 |
making the contribution as required under division (I) of section | 152 |
3517.10 of the Revised Code. | 153 |
(ii) A person makes a contribution in that person's spouse's | 154 |
name or in both of their names. | 155 |
(H) No person within this state, publishing a newspaper or | 156 |
other periodical, shall charge a campaign committee for political | 157 |
advertising a rate in excess of the rate such person would charge | 158 |
if the campaign committee were a general rate advertiser whose | 159 |
advertising was directed to promoting its business within the same | 160 |
area as that encompassed by the particular office that the | 161 |
candidate of the campaign committee is seeking. The rate shall | 162 |
take into account the amount of space used, as well as the type of | 163 |
advertising copy submitted by or on behalf of the campaign | 164 |
committee. All discount privileges otherwise offered by a | 165 |
newspaper or periodical to general rate advertisers shall be | 166 |
available upon equal terms to all campaign committees. | 167 |
No person within this state, operating a radio or television | 168 |
station or network of stations in this state, shall charge a | 169 |
campaign committee for political broadcasts a rate that exceeds: | 170 |
(1) During the forty-five days preceding the date of a | 171 |
primary election and during the sixty days preceding the date of a | 172 |
general or special election in which the candidate of the campaign | 173 |
committee is seeking office, the lowest unit charge of the station | 174 |
for the same class and amount of time for the same period; | 175 |
(2) At any other time, the charges made for comparable use of | 176 |
that station by its other users. | 177 |
(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 178 |
section, no agency or department of this state or any political | 179 |
subdivision shall award any contract, other than one let by | 180 |
competitive bidding or a contract incidental to such contract or | 181 |
which is by force account, for the purchase of goods costing more | 182 |
than five hundred dollars or services costing more than five | 183 |
hundred dollars to any individual, partnership, association, | 184 |
including, without limitation, a professional association | 185 |
organized under Chapter 1785. of the Revised Code, estate, or | 186 |
trust if | 187 |
188 | |
189 | |
made, as an individual, within the two previous calendar years, | 190 |
one or more contributions totaling in excess of one thousand | 191 |
dollars to the holder of the public office having ultimate | 192 |
responsibility for the award of the contract or to the public | 193 |
officer's campaign committee | 194 |
(i) The individual; | 195 |
(ii) Any partner of the partnership; | 196 |
(iii) Any shareholder of the association; | 197 |
(iv) Any administrator of the estate; | 198 |
(v) Any executor of the estate; | 199 |
(vi) Any trustee of the trust; | 200 |
(vii) The spouse of any person identified in divisions | 201 |
(I)(1)(a)(i) to (vi) of this section; | 202 |
(viii) Any child seven years of age through seventeen years | 203 |
of age of any person identified in divisions (I)(1)(a)(i) to (vi) | 204 |
of this section. | 205 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 206 |
section, no agency or department of this state or any political | 207 |
subdivision shall award any contract, other than one let by | 208 |
competitive bidding or a contract incidental to such a contract or | 209 |
which is by force account, for the purchase of goods costing more | 210 |
than five hundred dollars or services costing more than five | 211 |
hundred dollars to any individual, partnership, association, | 212 |
including, without limitation, a professional association | 213 |
organized under Chapter 1785. of the Revised Code, estate, or | 214 |
trust if any combination of the following has made, within the two | 215 |
previous calendar years, one or more contributions totaling in | 216 |
excess of one thousand dollars to the holder of the public office | 217 |
having ultimate responsibility for the award of the contract or to | 218 |
the public officer's campaign committee: | 219 |
(i) The individual; | 220 |
(ii) Any partner of the partnership; | 221 |
(iii) Any shareholder of the association; | 222 |
(iv) Any administrator of the estate; | 223 |
(v) Any executor of the estate; | 224 |
(vi) Any trustee of the trust; | 225 |
(vii) The spouse of any person identified in divisions | 226 |
(I)(1)(b)(i) to (vi) of this section; | 227 |
(viii) Any child seven years of age through seventeen years | 228 |
of age of any person identified in divisions (I)(1)(b)(i) to (vi) | 229 |
of this section. | 230 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 231 |
section, if any agency or department of this state or any | 232 |
political subdivision has awarded a contract for the purchase of | 233 |
goods costing more than five hundred dollars or services costing | 234 |
more than five hundred dollars, except a contract let by | 235 |
competitive bidding or a contract incidental to such contract or | 236 |
which is by force account, to any individual, partnership, | 237 |
association, including, without limitation, a professional | 238 |
association organized under Chapter 1785. of the Revised Code, | 239 |
estate, or trust, none of the following shall, for one year | 240 |
following the award of that contract, make one or more | 241 |
contributions totaling in excess of one thousand dollars to the | 242 |
holder of the public office having ultimate responsibility for the | 243 |
award of that contract: | 244 |
(i) The individual; | 245 |
(ii) Any partner of the partnership; | 246 |
(iii) Any shareholder of the association; | 247 |
(iv) Any administrator of the estate; | 248 |
(v) Any executor of the estate; | 249 |
(vi) Any trustee of the trust; | 250 |
(vii) The spouse of any person identified in divisions | 251 |
(I)(2)(a)(i) to (vi) of this section; | 252 |
(viii) Any child seven years of age through seventeen years | 253 |
of age of any person identified in divisions (I)(2)(a)(i) to (vi) | 254 |
of this section. | 255 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 256 |
section, if any agency or department of this state or any | 257 |
political subdivision has awarded a contract for the purchase of | 258 |
goods costing more than five hundred dollars or services costing | 259 |
more than five hundred dollars, except a contract let by | 260 |
competitive bidding or a contract incidental to such contract or | 261 |
which is by force account, to any individual, partnership, | 262 |
association, including, without limitation, a professional | 263 |
association organized under Chapter 1785. of the Revised Code, | 264 |
estate, or trust, no combination of any of the following shall, | 265 |
for one year following the award of that contract, make one or | 266 |
more contributions totaling in excess of one thousand dollars to | 267 |
the holder of the public office having ultimate responsibility for | 268 |
the award of that contract: | 269 |
(i) The individual; | 270 |
(ii) Any partner of the partnership; | 271 |
(iii) Any shareholder of the association; | 272 |
(iv) Any administrator of the estate; | 273 |
(v) Any executor of the estate; | 274 |
(vi) Any trustee of the trust; | 275 |
(vii) The spouse of any person identified in divisions | 276 |
(I)(2)(b)(i) to (vi) of this section; | 277 |
(viii) Any child seven years of age through seventeen years | 278 |
of age of any person identified in divisions (I)(2)(b)(i) to (vi) | 279 |
of this section. | 280 |
(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 281 |
section, no agency or department of this state or any political | 282 |
subdivision shall award any contract, other than one let by | 283 |
competitive bidding or a contract incidental to such contract or | 284 |
which is by force account, for the purchase of goods costing more | 285 |
than five hundred dollars or services costing more than five | 286 |
hundred dollars to a corporation or business trust, except a | 287 |
professional association organized under Chapter 1785. of the | 288 |
Revised Code, if | 289 |
290 | |
the following has made, as an individual, within the two previous | 291 |
calendar years, taking into consideration only owners for all of | 292 |
that period, one or more contributions totaling in excess of one | 293 |
thousand dollars to the holder of a public office having ultimate | 294 |
responsibility for the award of the contract or to the public | 295 |
officer's campaign
committee | 296 |
(i) An owner of more than twenty per cent of the corporation | 297 |
or business trust; | 298 |
(ii) A spouse of an owner of more than twenty per cent of the | 299 |
corporation or business trust; | 300 |
(iii) A child seven years of age through seventeen years of | 301 |
age of an owner of more than twenty per cent of the corporation or | 302 |
business trust. | 303 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 304 |
section, no agency or department of this state or any political | 305 |
subdivision shall award any contract, other than one let by | 306 |
competitive bidding or a contract incidental to such a contract or | 307 |
which is by force account, for the purchase of goods costing more | 308 |
than five hundred dollars or services costing more than five | 309 |
hundred dollars to a corporation or business trust, except a | 310 |
professional association organized under Chapter 1785. of the | 311 |
Revised Code, if any combination of the following has made, within | 312 |
the two previous calendar years, taking into consideration only | 313 |
owners for all of that period, one or more contributions totaling | 314 |
in excess of one thousand dollars to the holder of the public | 315 |
office having ultimate responsibility for the award of the | 316 |
contract or to the public officer's campaign committee: | 317 |
(i) Owners of more than twenty per cent of the corporation or | 318 |
business trust; | 319 |
(ii) Spouses of owners of more than twenty per cent of the | 320 |
corporation or business trust; | 321 |
(iii) Children seven years of age through seventeen years of | 322 |
age of owners of more than twenty per cent of the corporation or | 323 |
business trust. | 324 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 325 |
section, if any agency or department of this state or any | 326 |
political subdivision has awarded a contract for the purchase of | 327 |
goods costing more than five hundred dollars or services costing | 328 |
more than five hundred dollars, except a contract let by | 329 |
competitive bidding or a contract incidental to such contract or | 330 |
which is by force account, to a corporation or business trust, | 331 |
except a professional association organized under Chapter 1785. of | 332 |
the Revised Code, none of the following shall, for one year | 333 |
following the award of that contract, make one or more | 334 |
contributions totaling in excess of one thousand dollars to the | 335 |
holder of the public office having ultimate responsibility for the | 336 |
award of that contract: | 337 |
(i) An owner of more than twenty per cent of the corporation | 338 |
or business trust; | 339 |
(ii) A spouse of an owner of more than twenty per cent of the | 340 |
corporation or business trust; | 341 |
(iii) A child seven years of age through seventeen years of | 342 |
age of an owner of more than twenty per cent of the corporation or | 343 |
business trust. | 344 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 345 |
section, if any agency or department of this state or any | 346 |
political subdivision has awarded a contract for the purchase of | 347 |
goods costing more than five hundred dollars or services costing | 348 |
more than five hundred dollars, except a contract let by | 349 |
competitive bidding or a contract incidental to such contract or | 350 |
which is by force account, to a corporation or business trust, | 351 |
except a professional association organized under Chapter 1785. of | 352 |
the Revised Code, no combination of any of the following shall, | 353 |
for one year following the award of that contract, make one or | 354 |
more contributions totaling in excess of one thousand dollars to | 355 |
the holder of the public office having ultimate responsibility for | 356 |
the award of that contract: | 357 |
(i) Owners of more than twenty per cent of the corporation or | 358 |
business trust; | 359 |
(ii) Spouses of owners of more than twenty per cent of the | 360 |
corporation or business trust; | 361 |
(iii) Children seven years of age through seventeen years of | 362 |
age of owners of more than twenty per cent of the corporation or | 363 |
business trust. | 364 |
(K) For purposes of divisions (I) and (J) of this section, if | 365 |
a public officer who is responsible for the award of a contract is | 366 |
appointed by the governor, whether or not the appointment is | 367 |
subject to the advice and consent of the senate,
| 368 |
369 | |
370 | |
371 | |
ultimate responsibility for the award of the contract. | 372 |
(L) For purposes of divisions (I) and (J) of this section, if | 373 |
a public officer who is responsible for the award of a contract is | 374 |
appointed by the elected chief executive officer of a municipal | 375 |
corporation, or appointed by the elected chief executive officer | 376 |
of a county operating under an alternative form of county | 377 |
government or county charter, excluding members of boards, | 378 |
commissions, committees, authorities, councils, boards of | 379 |
trustees, task forces, and other such entities appointed by the | 380 |
chief executive officer, the office of the chief executive officer | 381 |
is considered to have ultimate responsibility for the award of the | 382 |
contract. | 383 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 384 |
contracts awarded by the board of commissioners of the sinking | 385 |
fund, municipal legislative authorities, boards of education, | 386 |
boards of county commissioners, or boards of township trustees, | 387 |
388 | |
389 | |
390 | |
courts consisting of more than one judge, courts of common pleas | 391 |
consisting of more than one judge, or municipal courts consisting | 392 |
of more than one judge, or by a division of any court if the | 393 |
division consists of more than one judge. This division shall | 394 |
apply to the specified entity only if the members of the entity | 395 |
act collectively in the award of a contract for goods or services. | 396 |
(2) Divisions (I) and (J) of this section do not apply to | 397 |
actions of the controlling board. | 398 |
(N)(1) Divisions (I) | 399 |
apply to contributions made to the holder of a public office | 400 |
having ultimate responsibility for the award of a contract, or to | 401 |
the public officer's campaign committee, during the time the | 402 |
person holds the office and during any time such person was a | 403 |
candidate
for the office.
Those divisions | 404 |
contributions made to, or to the campaign committee of, a | 405 |
candidate for | 406 |
407 | |
having ultimate responsibility for the award of the contract | 408 |
during any such time the person is a candidate for that office. | 409 |
For the purpose of this division, a person becomes a candidate for | 410 |
the public office having ultimate authority for the award of the | 411 |
contract when the person becomes a candidate for that office by | 412 |
filing a declaration of candidacy, a declaration of intent to be a | 413 |
write-in candidate, or a nominating petition, through party | 414 |
nomination at a primary election, or by the filling of a vacancy | 415 |
under section 3513.30 or 3513.31 of the Revised Code. | 416 |
(2) Divisions (I) | 417 |
not apply to contributions of a partner, shareholder, | 418 |
administrator, executor, trustee, or owner of more than twenty per | 419 |
cent of a corporation or business trust made before the person | 420 |
held any of those positions or after the person ceased to hold any | 421 |
of those positions in the partnership, association, estate, trust, | 422 |
corporation, or business trust whose eligibility to be awarded a | 423 |
contract is being determined, nor to contributions of the person's | 424 |
spouse made before the person held any of those positions, after | 425 |
the person ceased to hold any of those positions, before the two | 426 |
were married, after the granting of a decree of divorce, | 427 |
dissolution of marriage, or annulment, or after the granting of an | 428 |
order in an action brought solely for legal separation. Those | 429 |
divisions do not apply to contributions of the spouse of an | 430 |
individual whose eligibility to be awarded a contract is being | 431 |
determined made before the two were married, after the granting | 432 |
of a decree of divorce, dissolution of marriage, or annulment, or | 433 |
after the granting of an order in an action brought solely for | 434 |
legal separation. | 435 |
(O) No beneficiary of a campaign fund or other person shall | 436 |
convert for personal use, and no person shall knowingly give to a | 437 |
beneficiary of a campaign fund or any other person, for the | 438 |
beneficiary's or any other person's personal use, anything of | 439 |
value from the beneficiary's campaign fund, including, without | 440 |
limitation, payments to a beneficiary for services the beneficiary | 441 |
personally performs, except as reimbursement for any of the | 442 |
following: | 443 |
(1) Legitimate and verifiable prior campaign expenses | 444 |
incurred by the beneficiary; | 445 |
(2) Legitimate and verifiable ordinary and necessary prior | 446 |
expenses incurred by the beneficiary in connection with duties as | 447 |
the holder of a public office, including, without limitation, | 448 |
expenses incurred through participation in nonpartisan or | 449 |
bipartisan events if the participation of the holder of a public | 450 |
office would normally be expected; | 451 |
(3) Legitimate and verifiable ordinary and necessary prior | 452 |
expenses incurred by the beneficiary while doing any of the | 453 |
following: | 454 |
(a) Engaging in activities in support of or opposition to a | 455 |
candidate other than the beneficiary, political party, or ballot | 456 |
issue; | 457 |
(b) Raising funds for a political party, political action | 458 |
committee, political contributing entity, legislative campaign | 459 |
fund, campaign committee, or other candidate; | 460 |
(c) Participating in the activities of a political party, | 461 |
political action committee, political contributing entity, | 462 |
legislative campaign fund, or campaign committee; | 463 |
(d) Attending a political party convention or other political | 464 |
meeting. | 465 |
For purposes of this division, an expense is incurred | 466 |
whenever a beneficiary has either made payment or is obligated to | 467 |
make payment, as by the use of a credit card or other credit | 468 |
procedure or by the use of goods or services received on account. | 469 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 470 |
and no person shall knowingly give to the beneficiary of a | 471 |
campaign fund, reimbursement for an expense under division (O) of | 472 |
this section to the extent that the expense previously was | 473 |
reimbursed or paid from another source of funds. If an expense is | 474 |
reimbursed under division (O) of this section and is later paid or | 475 |
reimbursed, wholly or in part, from another source of funds, the | 476 |
beneficiary shall repay the reimbursement received under division | 477 |
(O) of this section to the extent of the payment made or | 478 |
reimbursement received from the other source. | 479 |
(Q) No candidate or public official or employee shall accept | 480 |
for personal or business use anything of value from a political | 481 |
party, political action committee, political contributing entity, | 482 |
legislative campaign fund, or campaign committee other than the | 483 |
candidate's or public official's or employee's own campaign | 484 |
committee, and no person shall knowingly give to a candidate or | 485 |
public official or employee anything of value from a political | 486 |
party, political action committee, political contributing entity, | 487 |
legislative campaign fund, or such a campaign committee, except | 488 |
for the following: | 489 |
(1) Reimbursement for legitimate and verifiable ordinary and | 490 |
necessary prior expenses not otherwise prohibited by law incurred | 491 |
by the candidate or public official or employee while engaged in | 492 |
any legitimate activity of the political party, political action | 493 |
committee, political contributing entity, legislative campaign | 494 |
fund, or such campaign committee. Without limitation, reimbursable | 495 |
expenses under this division include those incurred while doing | 496 |
any of the following: | 497 |
(a) Engaging in activities in support of or opposition to | 498 |
another candidate, political party, or ballot issue; | 499 |
(b) Raising funds for a political party, legislative campaign | 500 |
fund, campaign committee, or another candidate; | 501 |
(c) Attending a political party convention or other political | 502 |
meeting. | 503 |
(2) Compensation not otherwise prohibited by law for actual | 504 |
and valuable personal services rendered under a written contract | 505 |
to the political party, political action committee, political | 506 |
contributing entity, legislative campaign fund, or such campaign | 507 |
committee for any legitimate activity of the political party, | 508 |
political action committee, political contributing entity, | 509 |
legislative campaign fund, or such campaign committee. | 510 |
Reimbursable expenses under this division do not include, and | 511 |
it is a violation of this division for a candidate or public | 512 |
official or employee to accept, or for any person to knowingly | 513 |
give to a candidate or public official or employee from a | 514 |
political party, political action committee, political | 515 |
contributing entity, legislative campaign fund, or campaign | 516 |
committee other than the candidate's or public official's or | 517 |
employee's own campaign committee, anything of value for | 518 |
activities primarily related to the candidate's or public | 519 |
official's or employee's own campaign for election, except for | 520 |
contributions to the candidate's or public official's or | 521 |
employee's campaign committee. | 522 |
For purposes of this division, an expense is incurred | 523 |
whenever a candidate or public official or employee has either | 524 |
made payment or is obligated to make payment, as by the use of a | 525 |
credit card or other credit procedure, or by the use of goods or | 526 |
services on account. | 527 |
(R)(1) Division (O) or (P) of this section does not prohibit | 528 |
a campaign committee from making direct advance or post payment | 529 |
from contributions to vendors for goods and services for which | 530 |
reimbursement is permitted under division (O) of this section, | 531 |
except that no campaign committee shall pay its candidate or other | 532 |
beneficiary for services personally performed by the candidate or | 533 |
other beneficiary. | 534 |
(2) If any expense that may be reimbursed under division (O), | 535 |
(P), or (Q) of this section is part of other expenses that may not | 536 |
be paid or reimbursed, the separation of the two types of expenses | 537 |
for the purpose of allocating for payment or reimbursement those | 538 |
expenses that may be paid or reimbursed may be by any reasonable | 539 |
accounting method, considering all of the surrounding | 540 |
circumstances. | 541 |
(3) For purposes of divisions (O), (P), and (Q) of this | 542 |
section, mileage allowance at a rate not greater than that allowed | 543 |
by the internal revenue service at the time the travel occurs may | 544 |
be paid instead of reimbursement for actual travel expenses | 545 |
allowable. | 546 |
(S)(1) As used in division (S) of this section: | 547 |
(a) "State elective office" has the same meaning as in | 548 |
section 3517.092 of the Revised Code. | 549 |
(b) "Federal office" means a federal office as defined in the | 550 |
Federal Election Campaign Act. | 551 |
(c) "Federal campaign committee" means a principal campaign | 552 |
committee or authorized committee as defined in the Federal | 553 |
Election Campaign Act. | 554 |
(2) No person who is a candidate for state elective office | 555 |
and who previously sought nomination or election to a federal | 556 |
office shall transfer any funds or assets from that person's | 557 |
federal campaign committee for nomination or election to the | 558 |
federal office to that person's campaign committee as a candidate | 559 |
for state elective office. | 560 |
(3) No campaign committee of a person who is a candidate for | 561 |
state elective office and who previously sought nomination or | 562 |
election to a federal office shall accept any funds or assets from | 563 |
that person's federal campaign committee for that person's | 564 |
nomination or election to the federal office. | 565 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 566 |
section 3517.102 of the Revised Code, a state or county political | 567 |
party shall not disburse moneys from any account other than a | 568 |
state candidate fund to make contributions to any of the | 569 |
following: | 570 |
(a) A state candidate fund; | 571 |
(b) A legislative campaign fund; | 572 |
(c) A campaign committee of a candidate for the office of | 573 |
governor, lieutenant governor, secretary of state, auditor of | 574 |
state, treasurer of state, attorney general, member of the state | 575 |
board of education, or member of the general assembly. | 576 |
(2) No state candidate fund, legislative campaign fund, or | 577 |
campaign committee of a candidate for any office described in | 578 |
division (T)(1)(c) of this section shall knowingly accept a | 579 |
contribution in violation of division (T)(1) of this section. | 580 |
(U) No person shall fail to file a statement required under | 581 |
section 3517.12 of the Revised Code. | 582 |
(V) No campaign committee shall fail to file a statement | 583 |
required under division (K)(3) of section 3517.10 of the Revised | 584 |
Code. | 585 |
(W)(1) No foreign national shall, directly or indirectly | 586 |
through any other person or entity, make a contribution, | 587 |
expenditure, or independent expenditure or promise, either | 588 |
expressly or implicitly, to make a contribution, expenditure, or | 589 |
independent expenditure in support of or opposition to a candidate | 590 |
for any elective office in this state, including an office of a | 591 |
political party. | 592 |
(2) No candidate, campaign committee, political action | 593 |
committee, political contributing entity, legislative campaign | 594 |
fund, state candidate fund, political party, or separate | 595 |
segregated fund shall solicit or accept a contribution, | 596 |
expenditure, or independent expenditure from a foreign national. | 597 |
The secretary of state may direct any candidate, committee, | 598 |
entity, fund, or party that accepts a contribution, expenditure, | 599 |
or independent expenditure in violation of this division to return | 600 |
the contribution, expenditure, or independent expenditure or, if | 601 |
it is not possible to return the contribution, expenditure, or | 602 |
independent expenditure, then to return instead the value of it, | 603 |
to the contributor. | 604 |
(3) As used in division (W) of this section, "foreign | 605 |
national" has the same meaning as in section 441e(b) of the | 606 |
Federal Election Campaign Act. | 607 |
(X)(1) No state or county political party shall transfer any | 608 |
moneys from its restricted fund to any account of the political | 609 |
party into which contributions may be made or from which | 610 |
contributions or expenditures may be made. | 611 |
(2)(a) No state or county political party shall deposit a | 612 |
contribution or contributions that it receives into its restricted | 613 |
fund. | 614 |
(b) No state or county political party shall make a | 615 |
contribution or an expenditure from its restricted fund. | 616 |
(3)(a) No corporation or labor organization shall make a gift | 617 |
or gifts from the corporation's or labor organization's money or | 618 |
property aggregating more than ten thousand dollars to any one | 619 |
state or county political party for the party's restricted fund in | 620 |
a calendar year. | 621 |
(b) No state or county political party shall accept a gift or | 622 |
gifts for the party's restricted fund aggregating more than ten | 623 |
thousand dollars from any one corporation or labor organization in | 624 |
a calendar year. | 625 |
(4) No state or county political party shall transfer any | 626 |
moneys in the party's restricted fund to any other state or county | 627 |
political party. | 628 |
(5) No state or county political party shall knowingly fail | 629 |
to file a statement required under section 3517.1012 of the | 630 |
Revised Code. | 631 |
(Y) | 632 |
administrator of workers' compensation and the employees of the | 633 |
bureau of workers' compensation shall not conduct any business | 634 |
with or award any contract, other than one awarded by competitive | 635 |
bidding, for the purchase of goods costing more than five hundred | 636 |
dollars or services costing more than five hundred dollars to any | 637 |
individual, partnership, association, including, without | 638 |
limitation, a professional association organized under Chapter | 639 |
1785. of the Revised Code, estate, or trust, if | 640 |
641 | |
642 | |
643 | |
individual, within the two previous calendar years, one or more | 644 |
contributions totaling in excess of one thousand dollars to the | 645 |
campaign committee of the governor or lieutenant governor or to | 646 |
the campaign committee of any candidate for the office of governor | 647 |
or lieutenant governor: | 648 |
(i) The individual; | 649 |
(ii) Any partner of the partnership; | 650 |
(iii) Any shareholder of the association; | 651 |
(iv) Any administrator of the estate; | 652 |
(v) Any executor of the estate; | 653 |
(vi) Any trustee of the trust; | 654 |
(vii) The spouse of any person identified in divisions | 655 |
(Y)(1)(a)(i) to (vi) of this section; | 656 |
(viii) Any child seven years of age through seventeen years | 657 |
of age of any person identified in divisions (Y)(1)(a)(i) to (vi) | 658 |
of this section. | 659 |
(b) Subject to division (N) of this section, the | 660 |
administrator of workers' compensation and the employees of the | 661 |
bureau of workers' compensation shall not conduct any business | 662 |
with or award any contract, other than one awarded by competitive | 663 |
bidding, for the purchase of goods costing more than five hundred | 664 |
dollars or services costing more than five hundred dollars to any | 665 |
individual, partnership, association, including, without | 666 |
limitation, a professional association organized under Chapter | 667 |
1785. of the Revised Code, estate, or trust if any combination of | 668 |
the following has made, within the two previous calendar years, | 669 |
one or more contributions totaling in excess of one thousand | 670 |
dollars to the campaign committee of the governor or lieutenant | 671 |
governor or to the campaign committee of any candidate for the | 672 |
office of governor or lieutenant governor: | 673 |
(i) The individual; | 674 |
(ii) Any partner of the partnership; | 675 |
(iii) Any shareholder of the association; | 676 |
(iv) Any administrator of the estate; | 677 |
(v) Any executor of the estate; | 678 |
(vi) Any trustee of the trust; | 679 |
(vii) The spouse of any person identified in divisions | 680 |
(Y)(1)(b)(i) to (vi) of this section; | 681 |
(viii) Any child seven years of age through seventeen years | 682 |
of age of any person identified in divisions (Y)(1)(b)(i) to (vi) | 683 |
of this section. | 684 |
(2)(a) Subject to division (N) of this section, if the | 685 |
administrator of workers' compensation or the employees of the | 686 |
bureau of workers' compensation has awarded a contract for the | 687 |
purchase of goods costing more than five hundred dollars or | 688 |
services costing more than five hundred dollars, except a contract | 689 |
awarded by competitive bidding, to any individual, partnership, | 690 |
association, including, without limitation, a professional | 691 |
association organized under Chapter 1785. of the Revised Code, | 692 |
estate, or trust, none of the following shall, for one year | 693 |
following the award of that contract, make one or more | 694 |
contributions totaling in excess of one thousand dollars to the | 695 |
campaign committee of the governor or lieutenant governor or to | 696 |
the campaign committee of any candidate for the office of governor | 697 |
or lieutenant governor: | 698 |
(i) The individual; | 699 |
(ii) Any partner of the partnership; | 700 |
(iii) Any shareholder of the association; | 701 |
(iv) Any administrator of the estate; | 702 |
(v) Any executor of the estate; | 703 |
(vi) Any trustee of the trust; | 704 |
(vii) The spouse of any person identified in divisions | 705 |
(Y)(2)(a)(i) to (vi) of this section; | 706 |
(viii) Any child seven years of age through seventeen years | 707 |
of age of any person identified in divisions (Y)(2)(a)(i) to (vi) | 708 |
of this section. | 709 |
(b) Subject to division (N) of this section, if the | 710 |
administrator of workers' compensation or the employees of the | 711 |
bureau of workers' compensation has awarded a contract for the | 712 |
purchase of goods costing more than five hundred dollars or | 713 |
services costing more than five hundred dollars, except a contract | 714 |
awarded by competitive bidding, to any individual, partnership, | 715 |
association, including, without limitation, a professional | 716 |
association organized under Chapter 1785. of the Revised Code, | 717 |
estate, or trust, no combination of any of the following shall, | 718 |
for one year following the award of that contract, make one or | 719 |
more contributions totaling in excess of one thousand dollars to | 720 |
the campaign committee of the governor or lieutenant governor or | 721 |
to the campaign committee of any candidate for the office of | 722 |
governor or lieutenant governor: | 723 |
(i) The individual; | 724 |
(ii) Any partner of the partnership; | 725 |
(iii) Any shareholder of the association; | 726 |
(iv) Any administrator of the estate; | 727 |
(v) Any executor of the estate; | 728 |
(vi) Any trustee of the trust; | 729 |
(vii) The spouse of any person identified in divisions | 730 |
(Y)(2)(b)(i) to (vi) of this section; | 731 |
(viii) Any child seven years of age through seventeen years | 732 |
of age of any person identified in divisions (Y)(2)(b)(i) to (vi) | 733 |
of this section. | 734 |
(Z) | 735 |
administrator of workers' compensation and the employees of the | 736 |
bureau of workers' compensation shall not conduct business with or | 737 |
award any contract, other than one awarded by competitive bidding, | 738 |
for the purchase of goods costing more than five hundred dollars | 739 |
or services costing more than five hundred dollars to a | 740 |
corporation or business trust, except a professional association | 741 |
organized under Chapter 1785. of the Revised Code, if | 742 |
743 | |
744 | |
individual, within the two previous calendar years, taking into | 745 |
consideration only owners for all of such period, one or more | 746 |
contributions totaling in excess of one thousand dollars to the | 747 |
campaign committee of the governor or lieutenant governor or to | 748 |
the campaign committee of any candidate for the office of governor | 749 |
or lieutenant governor: | 750 |
(i) An owner of more than twenty per cent of the corporation | 751 |
or business trust; | 752 |
(ii) A spouse of an owner of more than twenty per cent of the | 753 |
corporation or business trust; | 754 |
(iii) A child seven years of age through seventeen years of | 755 |
age of an owner of more than twenty per cent of the corporation or | 756 |
business trust. | 757 |
(b) Subject to division (N) of this section, the | 758 |
administrator of workers' compensation and the employees of the | 759 |
bureau of workers' compensation shall not conduct any business | 760 |
with or award any contract, other than one awarded by competitive | 761 |
bidding, for the purchase of goods costing more than five hundred | 762 |
dollars orservices costing more than five hundred dollars to a | 763 |
corporation or business trust, except a professional association | 764 |
organized under Chapter 1785. of the Revised Code, if any | 765 |
combination of the following has made, within the two previous | 766 |
calendar years, taking into consideration only owners for all of | 767 |
that period, one or more contributions totaling in excess of one | 768 |
thousand dollars to the campaign committee of the governor or | 769 |
lieutenant governor or to the campaign committee of any candidate | 770 |
for the office of governor or lieutenant governor: | 771 |
(i) Owners of more than twenty per cent of the corporation or | 772 |
business trust; | 773 |
(ii) Spouses of owners of more than twenty per cent of the | 774 |
corporation or business trust; | 775 |
(iii) Children seven years of age through seventeen years of | 776 |
age of owners of more than twenty per cent of the corporation or | 777 |
business trust. | 778 |
(2)(a) Subject to division (N) of this section, if the | 779 |
administrator of workers' compensation or the employees of the | 780 |
bureau of workers' compensation has awarded a contract for the | 781 |
purchase of goods costing more than five hundred dollars or | 782 |
services costing more than five hundred dollars, except a contract | 783 |
awarded by competitive bidding, to a corporation or business | 784 |
trust, except a professional association organized under Chapter | 785 |
1785. of the Revised Code, none of the following shall, for one | 786 |
year following the award of that contract, make one or more | 787 |
contributions totaling in excess of one thousand dollars to the | 788 |
campaign committee of the governor or lieutenant governor or to | 789 |
the campaign committee of any candidate for the office of governor | 790 |
or lieutenant governor: | 791 |
(i) An owner of more than twenty per cent of the corporation | 792 |
or business trust; | 793 |
(ii) A spouse of an owner of more than twenty per cent of the | 794 |
corporation or business trust; | 795 |
(iii) A child seven years of age through seventeen years of | 796 |
age of an owner of more than twenty per cent of the corporation or | 797 |
business trust. | 798 |
(b) Subject to division (N) of this section, if the | 799 |
administrator of workers' compensation or the employees of the | 800 |
bureau of workers' compensation has awarded a contract for the | 801 |
purchase of goods costing more than five hundred dollars or | 802 |
services costing more than five hundred dollars, except a contract | 803 |
awarded by competitive bidding, to a corporation or business | 804 |
trust, except a professional association organized under Chapter | 805 |
1785. of the Revised Code, no combination of any of the following | 806 |
shall, for one year following the award of that contract, make one | 807 |
or more contributions totaling in excess of one thousand dollars | 808 |
to the campaign committee of the governor or lieutenant governor | 809 |
or to the campaign committee of any candidate for the office of | 810 |
governor or lieutenant governor: | 811 |
(i) Owners of more than twenty per cent of the corporation or | 812 |
business trust; | 813 |
(ii) Spouses of owners of more than twenty per cent of the | 814 |
corporation or business trust; | 815 |
(iii) Children seven years of age through seventeen years of | 816 |
age of owners of more than twenty per cent of the corporation or | 817 |
business trust. | 818 |
Sec. 3517.992. This section establishes penalties only with | 819 |
respect to acts or failures to act that occur on and after August | 820 |
24, 1995. | 821 |
(A)(1) A candidate whose campaign committee violates division | 822 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 823 |
or a treasurer of a campaign committee who violates any of those | 824 |
divisions, shall be fined not more than one hundred dollars for | 825 |
each day of violation. | 826 |
(2) Whoever violates division (E) or (X)(5) of section | 827 |
3517.13 of the Revised Code shall be fined not more than one | 828 |
hundred dollars for each day of violation. | 829 |
(B) A political party that violates division (F)(1) of | 830 |
section 3517.101 of the Revised Code shall be fined not more than | 831 |
one hundred dollars for each day of violation. | 832 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 833 |
division (G) of section 3517.13 of the Revised Code shall be fined | 834 |
not more than ten thousand dollars or, if the offender is a person | 835 |
who was nominated or elected to public office, shall forfeit the | 836 |
nomination or the office to which the offender was elected, or | 837 |
both. | 838 |
(D) Whoever violates division (F) of section 3517.13 of the | 839 |
Revised Code shall be fined not more than three times the amount | 840 |
contributed. | 841 |
(E) Whoever violates division (H) of section 3517.13 of the | 842 |
Revised Code shall be fined not more than one hundred dollars. | 843 |
(F) Whoever violates division (O), (P), or (Q) of section | 844 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 845 |
first degree. | 846 |
(G) A state or county committee of a political party that | 847 |
violates division (B)(1) of section 3517.18 of the Revised Code | 848 |
shall be fined not more than twice the amount of the improper | 849 |
expenditure. | 850 |
(H) A state or county political party that violates division | 851 |
(G) of section 3517.101 of the Revised Code shall be fined not | 852 |
more than twice the amount of the improper expenditure or use. | 853 |
(I)(1) Any individual who violates division (B)(1) of section | 854 |
3517.102 of the Revised Code and knows that the contribution the | 855 |
individual makes violates that division shall be fined an amount | 856 |
equal to three times the amount contributed in excess of the | 857 |
amount permitted by that division. | 858 |
(2) Any political action committee that violates division | 859 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 860 |
amount equal to three times the amount contributed in excess of | 861 |
the amount permitted by that division. | 862 |
(3) Any campaign committee that violates division (B)(3) or | 863 |
(5) of section 3517.102 of the Revised Code shall be fined an | 864 |
amount equal to three times the amount contributed in excess of | 865 |
the amount permitted by that division. | 866 |
(4)(a) Any legislative campaign fund that violates division | 867 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 868 |
amount equal to three times the amount transferred or contributed | 869 |
in excess of the amount permitted by that division, as applicable. | 870 |
(b) Any state political party, county political party, or | 871 |
state candidate fund of a state political party or county | 872 |
political party that violates division (B)(6) of section 3517.102 | 873 |
of the Revised Code shall be fined an amount equal to three times | 874 |
the amount transferred or contributed in excess of the amount | 875 |
permitted by that division, as applicable. | 876 |
(c) Any political contributing entity that violates division | 877 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 878 |
amount equal to three times the amount contributed in excess of | 879 |
the amount permitted by that division. | 880 |
(5) Any political party that violates division (B)(4) of | 881 |
section 3517.102 of the Revised Code shall be fined an amount | 882 |
equal to three times the amount contributed in excess of the | 883 |
amount permitted by that division. | 884 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 885 |
of this section, no violation of division (B) of section 3517.102 | 886 |
of the Revised Code occurs, and the secretary of state shall not | 887 |
refer parties to the Ohio elections commission, if the amount | 888 |
transferred or contributed in excess of the amount permitted by | 889 |
that division meets either of the following conditions: | 890 |
(a) It is completely refunded within five business days after | 891 |
it is accepted. | 892 |
(b) It is completely refunded on or before the tenth business | 893 |
day after notification to the recipient of the excess transfer or | 894 |
contribution by the board of elections or the secretary of state | 895 |
that a transfer or contribution in excess of the permitted amount | 896 |
has been received. | 897 |
(J)(1) Any campaign committee that violates division (C)(1), | 898 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 899 |
fined an amount equal to three times the amount accepted in excess | 900 |
of the amount permitted by that division. | 901 |
(2)(a) Any county political party that violates division | 902 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 903 |
shall be fined an amount equal to three times the amount accepted. | 904 |
(b) Any county political party that violates division | 905 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 906 |
fined an amount from its state candidate fund equal to three times | 907 |
the amount accepted in excess of the amount permitted by that | 908 |
division. | 909 |
(c) Any state political party that violates division | 910 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 911 |
an amount from its state candidate fund equal to three times the | 912 |
amount accepted in excess of the amount permitted by that | 913 |
division. | 914 |
(3) Any legislative campaign fund that violates division | 915 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 916 |
amount equal to three times the amount accepted in excess of the | 917 |
amount permitted by that division. | 918 |
(4) Any political action committee or political contributing | 919 |
entity that violates division (C)(7) of section 3517.102 of the | 920 |
Revised Code shall be fined an amount equal to three times the | 921 |
amount accepted in excess of the amount permitted by that | 922 |
division. | 923 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 924 |
this section, no violation of division (C) of section 3517.102 of | 925 |
the Revised Code occurs, and the secretary of state shall not | 926 |
refer parties to the Ohio elections commission, if the amount | 927 |
transferred or contributed in excess of the amount permitted to be | 928 |
accepted by that division meets either of the following | 929 |
conditions: | 930 |
(a) It is completely refunded within five business days after | 931 |
its acceptance. | 932 |
(b) It is completely refunded on or before the tenth business | 933 |
day after notification to the recipient of the excess transfer or | 934 |
contribution by the board of elections or the secretary of state | 935 |
that a transfer or contribution in excess of the permitted amount | 936 |
has been received. | 937 |
(K)(1) Any legislative campaign fund that violates division | 938 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 939 |
twenty-five dollars for each day of violation. | 940 |
(2) Any legislative campaign fund that violates division | 941 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 942 |
treasurer of state for deposit into the state treasury to the | 943 |
credit of the Ohio elections commission fund all excess | 944 |
contributions not disposed of as required by division (E) of | 945 |
section 3517.102 of the Revised Code. | 946 |
(L) Whoever violates section 3517.105 of the Revised Code | 947 |
shall be fined one thousand dollars. | 948 |
(M)(1) Whoever solicits a contribution in violation of | 949 |
section 3517.092 or violates division (B) of section 3517.09 of | 950 |
the Revised Code is guilty of a misdemeanor of the first degree. | 951 |
(2) Whoever knowingly accepts a contribution in violation of | 952 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 953 |
be fined an amount equal to three times the amount accepted in | 954 |
violation of either of those divisions and shall return to the | 955 |
contributor any amount so accepted. Whoever unknowingly accepts a | 956 |
contribution in violation of division (B) or (C) of section | 957 |
3517.092 of the Revised Code shall return to the contributor any | 958 |
amount so accepted. | 959 |
(N) Whoever violates division (S) of section 3517.13 of the | 960 |
Revised Code shall be fined an amount equal to three times the | 961 |
amount of funds transferred or three times the value of the assets | 962 |
transferred in violation of that division. | 963 |
(O) Any campaign committee that accepts a contribution or | 964 |
contributions in violation of section 3517.108 of the Revised | 965 |
Code, uses a contribution in violation of that section, or fails | 966 |
to dispose of excess contributions in violation of that section | 967 |
shall be fined an amount equal to three times the amount accepted, | 968 |
used, or kept in violation of that section. | 969 |
(P) Any political party, state candidate fund, legislative | 970 |
candidate fund, or campaign committee that violates division (T) | 971 |
of section 3517.13 of the Revised Code shall be fined an amount | 972 |
equal to three times the amount contributed or accepted in | 973 |
violation of that section. | 974 |
(Q) A treasurer of a committee or another person who violates | 975 |
division (U) of section 3517.13 of the Revised Code shall be fined | 976 |
not more than two hundred fifty dollars. | 977 |
(R) Whoever violates division (I) | 978 |
section 3517.13 of the Revised Code shall be fined not more than | 979 |
one thousand dollars. Whenever a person is found guilty of | 980 |
violating
division
(I) | 981 |
the
Revised Code, the contract
awarded in violation
of | 982 |
983 | |
terms have not yet been performed. | 984 |
(S) A candidate whose campaign committee violates or a | 985 |
treasurer of a campaign committee who violates section 3517.081 of | 986 |
the Revised Code, and a candidate whose campaign committee | 987 |
violates or a treasurer of a campaign committee or another person | 988 |
who violates division (C) of section 3517.10 of the Revised Code, | 989 |
shall be fined not more than five hundred dollars. | 990 |
(T) A candidate whose campaign committee violates or a | 991 |
treasurer of a committee who violates division (B) of section | 992 |
3517.09 of the Revised Code, or a candidate whose campaign | 993 |
committee violates or a treasurer of a campaign committee or | 994 |
another person who violates division (C) of section 3517.09 of the | 995 |
Revised Code shall be fined not more than one thousand dollars. | 996 |
(U) Whoever violates section 3517.20 of the Revised Code | 997 |
shall be fined not more than five hundred dollars. | 998 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 999 |
Revised Code shall be imprisoned for not more than six months or | 1000 |
fined not more than five thousand dollars, or both. | 1001 |
(W) A campaign committee that is required to file a | 1002 |
declaration of no limits under division (D)(2) of section 3517.103 | 1003 |
of the Revised Code that, before filing that declaration, accepts | 1004 |
a contribution or contributions that exceed the limitations | 1005 |
prescribed in section 3517.102 of the Revised Code, shall return | 1006 |
that contribution or those contributions to the contributor. | 1007 |
(X) Any campaign committee that fails to file the declaration | 1008 |
of filing-day finances required by division (F) of section | 1009 |
3517.109 or the declaration of primary-day finances or declaration | 1010 |
of year-end finances required by division (E) of section 3517.1010 | 1011 |
of the Revised Code shall be fined twenty-five dollars for each | 1012 |
day of violation. | 1013 |
(Y) Any campaign committee that fails to dispose of excess | 1014 |
funds or excess aggregate contributions under division (B) of | 1015 |
section 3517.109 of the Revised Code in the manner required by | 1016 |
division (C) of that section or under division (B) of section | 1017 |
3517.1010 of the Revised Code in the manner required by division | 1018 |
(C) of that section shall give to the treasurer of state for | 1019 |
deposit into the Ohio elections commission fund created under | 1020 |
division (I) of section 3517.152 of the Revised Code all funds not | 1021 |
disposed of pursuant to those divisions. | 1022 |
(Z) Any individual, campaign committee, political action | 1023 |
committee, political contributing entity, legislative campaign | 1024 |
fund, political party, or other entity that violates any provision | 1025 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 1026 |
penalty is provided for under any other division of this section | 1027 |
shall be fined not more than one thousand dollars. | 1028 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 1029 |
3517.13 of the Revised Code shall be fined an amount equal to | 1030 |
three times the amount contributed, expended, or promised in | 1031 |
violation of that division or ten thousand dollars, whichever | 1032 |
amount is greater. | 1033 |
(2) Whoever knowingly violates division (W)(2) of section | 1034 |
3517.13 of the Revised Code shall be fined an amount equal to | 1035 |
three times the amount solicited or accepted in violation of that | 1036 |
division or ten thousand dollars, whichever amount is greater. | 1037 |
(BB) Whoever knowingly violates division (C) or (D) of | 1038 |
section 3517.1011 of the Revised Code shall be fined not more than | 1039 |
ten thousand dollars plus not more than one thousand dollars for | 1040 |
each day of violation. | 1041 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 1042 |
violates division (H) of section 3517.1011 of the Revised Code | 1043 |
shall be fined an amount up to three times the amount disbursed | 1044 |
for the direct costs of airing the communication made in violation | 1045 |
of that division. | 1046 |
(2) Whoever has been ordered by the Ohio elections commission | 1047 |
or by a court of competent jurisdiction to cease making | 1048 |
communications in violation of division (H) of section 3517.1011 | 1049 |
of the Revised Code who again violates that division shall be | 1050 |
fined an amount equal to three times the amount disbursed for the | 1051 |
direct costs of airing the communication made in violation of that | 1052 |
division. | 1053 |
(DD)(1) Any corporation or labor organization that violates | 1054 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 1055 |
fined an amount equal to three times the amount given in excess of | 1056 |
the amount permitted by that division. | 1057 |
(2) Any state or county political party that violates | 1058 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 1059 |
fined an amount equal to three times the amount accepted in excess | 1060 |
of the amount permitted by that division. | 1061 |
(EE)(1) Whoever solicits or directs a contribution in | 1062 |
violation of division (B) of section 3517.093 of the Revised Code | 1063 |
is guilty of a misdemeanor of the first degree. | 1064 |
(2) Whoever knowingly accepts a contribution in violation of | 1065 |
division (C) of section 3517.093 of the Revised Code shall return | 1066 |
to the contributor any amount so accepted. | 1067 |
Section 2. That existing sections 3517.13 and 3517.992 of | 1068 |
the Revised Code are hereby repealed. | 1069 |