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To amend sections 102.03, 2921.01, 2921.43, 3517.01, | 1 |
3517.08, 3517.09, 3517.092, 3517.10, 3517.102, | 2 |
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, | 3 |
3517.13, 3517.152, 3517.155, 3517.20, 3517.23, and | 4 |
3517.992 of the Revised Code to establish | 5 |
political contributing entities for the purpose of | 6 |
the Campaign Finance Law and to declare an | 7 |
emergency. | 8 |
Section 1. That sections 102.03, 2921.01, 2921.43, 3517.01, | 9 |
3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105, 3517.106, | 10 |
3517.108, 3517.109, 3517.11, 3517.13, 3517.152, 3517.155, 3517.20, | 11 |
3517.23, and 3517.992 of the Revised Code be amended to read as | 12 |
follows: | 13 |
Sec. 102.03. (A)(1) No present or former public official or | 14 |
employee shall, during public employment or service or for twelve | 15 |
months thereafter, represent a client or act in a representative | 16 |
capacity for any person on any matter in which the public official | 17 |
or employee personally participated as a public official or | 18 |
employee through decision, approval, disapproval, recommendation, | 19 |
the rendering of advice, investigation, or other substantial | 20 |
exercise of administrative discretion. | 21 |
(2) For twenty-four months after the conclusion of service, | 22 |
no former commissioner or attorney examiner of the public | 23 |
utilities commission shall represent a public utility, as defined | 24 |
in section 4905.02 of the Revised Code, or act in a representative | 25 |
capacity on behalf of such a utility before any state board, | 26 |
commission, or agency. | 27 |
(3) For twenty-four months after the conclusion of employment | 28 |
or service, no former public official or employee who personally | 29 |
participated as a public official or employee through decision, | 30 |
approval, disapproval, recommendation, the rendering of advice, | 31 |
the development or adoption of solid waste management plans, | 32 |
investigation, inspection, or other substantial exercise of | 33 |
administrative discretion under Chapter 343. or 3734. of the | 34 |
Revised Code shall represent a person who is the owner or operator | 35 |
of a facility, as defined in section 3734.01 of the Revised Code, | 36 |
or who is an applicant for a permit or license for a facility | 37 |
under that chapter, on any matter in which the public official or | 38 |
employee personally participated as a public official or employee. | 39 |
(4) For a period of one year after the conclusion of | 40 |
employment or service as a member or employee of the general | 41 |
assembly, no former member or employee of the general assembly | 42 |
shall represent, or act in a representative capacity for, any | 43 |
person on any matter before the general assembly, any committee of | 44 |
the general assembly, or the controlling board. Division (A)(4) of | 45 |
this section does not apply to or affect a person who separates | 46 |
from service with the general assembly on or before December 31, | 47 |
1995. As used in division (A)(4) of this section "person" does not | 48 |
include any state agency or political subdivision of the state. | 49 |
(5) As used in divisions (A)(1), (2), and (3) of this | 50 |
section, "matter" includes any case, proceeding, application, | 51 |
determination, issue, or question, but does not include the | 52 |
proposal, consideration, or enactment of statutes, rules, | 53 |
ordinances, resolutions, or charter or constitutional amendments. | 54 |
As used in division (A)(4) of this section, "matter" includes the | 55 |
proposal, consideration, or enactment of statutes, resolutions, or | 56 |
constitutional amendments. As used in division (A) of this | 57 |
section, "represent" includes any formal or informal appearance | 58 |
before, or any written or oral communication with, any public | 59 |
agency on behalf of any person. | 60 |
(6) Nothing contained in division (A) of this section shall | 61 |
prohibit, during such period, a former public official or employee | 62 |
from being retained or employed to represent, assist, or act in a | 63 |
representative capacity for the public agency by which the public | 64 |
official or employee was employed or on which the public official | 65 |
or employee served. | 66 |
(7) Division (A) of this section shall not be construed to | 67 |
prohibit the performance of ministerial functions, including, but | 68 |
not limited to, the filing or amendment of tax returns, | 69 |
applications for permits and licenses, incorporation papers, and | 70 |
other similar documents. | 71 |
(B) No present or former public official or employee shall | 72 |
disclose or use, without appropriate authorization, any | 73 |
information acquired by the public official or employee in the | 74 |
course of the public official's or employee's official duties that | 75 |
is confidential because of statutory provisions, or that has been | 76 |
clearly designated to the public official or employee as | 77 |
confidential when that confidential designation is warranted | 78 |
because of the status of the proceedings or the circumstances | 79 |
under which the information was received and preserving its | 80 |
confidentiality is necessary to the proper conduct of government | 81 |
business. | 82 |
(C) No public official or employee shall participate within | 83 |
the scope of duties as a public official or employee, except | 84 |
through ministerial functions as defined in division (A) of this | 85 |
section, in any license or rate-making proceeding that directly | 86 |
affects the license or rates of any person, partnership, trust, | 87 |
business trust, corporation, or association in which the public | 88 |
official or employee or immediate family owns or controls more | 89 |
than five per cent. No public official or employee shall | 90 |
participate within the scope of duties as a public official or | 91 |
employee, except through ministerial functions as defined in | 92 |
division (A) of this section, in any license or rate-making | 93 |
proceeding that directly affects the license or rates of any | 94 |
person to whom the public official or employee or immediate | 95 |
family, or a partnership, trust, business trust, corporation, or | 96 |
association of which the public official or employee or the public | 97 |
official's or employee's immediate family owns or controls more | 98 |
than five per cent, has sold goods or services totaling more than | 99 |
one thousand dollars during the preceding year, unless the public | 100 |
official or employee has filed a written statement acknowledging | 101 |
that sale with the clerk or secretary of the public agency and the | 102 |
statement is entered in any public record of the agency's | 103 |
proceedings. This division shall not be construed to require the | 104 |
disclosure of clients of attorneys or persons licensed under | 105 |
section 4732.12 or 4732.15 of the Revised Code, or patients of | 106 |
persons certified under section 4731.14 of the Revised Code. | 107 |
(D) No public official or employee shall use or authorize the | 108 |
use of the authority or influence of office or employment to | 109 |
secure anything of value or the promise or offer of anything of | 110 |
value that is of such a character as to manifest a substantial and | 111 |
improper influence upon the public official or employee with | 112 |
respect to that person's duties. | 113 |
(E) No public official or employee shall solicit or accept | 114 |
anything of value that is of such a character as to manifest a | 115 |
substantial and improper influence upon the public official or | 116 |
employee with respect to that person's duties. | 117 |
(F) No person shall promise or give to a public official or | 118 |
employee anything of value that is of such a character as to | 119 |
manifest a substantial and improper influence upon the public | 120 |
official or employee with respect to that person's duties. | 121 |
(G) In the absence of bribery or another offense under the | 122 |
Revised Code or a purpose to defraud, contributions made to a | 123 |
campaign
committee, political party, legislative campaign
fund, | 124 |
political action committee, or political contributing entity on | 125 |
behalf of an elected public officer or other public official or | 126 |
employee who seeks elective office shall be considered to accrue | 127 |
ordinarily to the public official or employee for the purposes of | 128 |
divisions (D), (E), and (F) of this section. | 129 |
As used in this division, "contributions," "campaign | 130 |
committee," "political party," "legislative campaign fund," | 131 |
"political action committee," and "political contributing entity" | 132 |
have the same meanings as in section 3517.01 of the Revised Code. | 133 |
(H)(1) No public official or employee, except for the | 134 |
president or other chief administrative officer of or a member of | 135 |
a board of trustees of a state institution of higher education as | 136 |
defined in section 3345.011 of the Revised Code, who is required | 137 |
to file a financial disclosure statement under section 102.02 of | 138 |
the Revised Code shall solicit or accept, and no person shall give | 139 |
to that public official or employee, an honorarium. Except as | 140 |
provided in division (H)(2) of this section, this division and | 141 |
divisions (D), (E), and (F) of this section do not prohibit a | 142 |
public official or employee who is required to file a financial | 143 |
disclosure statement under section 102.02 of the Revised Code from | 144 |
accepting and do not prohibit a person from giving to that public | 145 |
official or employee the payment of actual travel expenses, | 146 |
including any expenses incurred in connection with the travel for | 147 |
lodging, and meals, food, and beverages provided to the public | 148 |
official or employee at a meeting at which the public official or | 149 |
employee participates in a panel, seminar, or speaking engagement | 150 |
or provided to the public official or employee at a meeting or | 151 |
convention of a national organization to which any state agency, | 152 |
including, but not limited to, any state legislative agency or | 153 |
state institution of higher education as defined in section | 154 |
3345.011 of the Revised Code, pays membership dues. Except as | 155 |
provided in division (H)(2) of this section, this division and | 156 |
divisions (D), (E), and (F) of this section do not prohibit a | 157 |
public official or employee who is not required to file a | 158 |
financial disclosure statement under section 102.02 of the Revised | 159 |
Code from accepting and do not prohibit a person from promising or | 160 |
giving to that public official or employee an honorarium or the | 161 |
payment of travel, meal, and lodging expenses if the honorarium, | 162 |
expenses, or both were paid in recognition of demonstrable | 163 |
business, professional, or esthetic interests of the public | 164 |
official or employee that exist apart from public office or | 165 |
employment, including, but not limited to, such a demonstrable | 166 |
interest in public speaking and were not paid by any person or | 167 |
other entity, or by any representative or association of those | 168 |
persons or entities, that is regulated by, doing business with, or | 169 |
seeking to do business with the department, division, institution, | 170 |
board, commission, authority, bureau, or other instrumentality of | 171 |
the governmental entity with which the public official or employee | 172 |
serves. | 173 |
(2) No person who is a member of the board of a state | 174 |
retirement system, a state retirement system investment officer, | 175 |
or an employee of a state retirement system whose position | 176 |
involves substantial and material exercise of discretion in the | 177 |
investment of retirement system funds shall solicit or accept, and | 178 |
no person shall give to that board member, officer, or employee, | 179 |
payment of actual travel expenses, including expenses incurred | 180 |
with the travel for lodging, meals, food, and beverages. | 181 |
(I) A public official or employee may accept travel, meals, | 182 |
and lodging or expenses or reimbursement of expenses for travel, | 183 |
meals, and lodging in connection with conferences, seminars, and | 184 |
similar events related to official duties if the travel, meals, | 185 |
and lodging, expenses, or reimbursement is not of such a character | 186 |
as to manifest a substantial and improper influence upon the | 187 |
public official or employee with respect to that person's duties. | 188 |
The house of representatives and senate, in their code of ethics, | 189 |
and the Ohio ethics commission, under section 111.15 of the | 190 |
Revised Code, may adopt rules setting standards and conditions for | 191 |
the furnishing and acceptance of such travel, meals, and lodging, | 192 |
expenses, or reimbursement. | 193 |
A person who acts in compliance with this division and any | 194 |
applicable rules adopted under it, or any applicable, similar | 195 |
rules adopted by the supreme court governing judicial officers and | 196 |
employees, does not violate division (D), (E), or (F) of this | 197 |
section. This division does not preclude any person from seeking | 198 |
an advisory opinion from the appropriate ethics commission under | 199 |
section 102.08 of the Revised Code. | 200 |
(J) For purposes of divisions (D), (E), and (F) of this | 201 |
section, the membership of a public official or employee in an | 202 |
organization shall not be considered, in and of itself, to be of | 203 |
such a character as to manifest a substantial and improper | 204 |
influence on the public official or employee with respect to that | 205 |
person's duties. As used in this division, "organization" means a | 206 |
church or a religious, benevolent, fraternal, or professional | 207 |
organization that is tax exempt under subsection 501(a) and | 208 |
described in subsection 501(c)(3), (4), (8), (10), or (19) of the | 209 |
"Internal Revenue Code of 1986." This division does not apply to a | 210 |
public official or employee who is an employee of an organization, | 211 |
serves as a trustee, director, or officer of an organization, or | 212 |
otherwise holds a fiduciary relationship with an organization. | 213 |
This division does not allow a public official or employee who is | 214 |
a member of an organization to participate, formally or | 215 |
informally, in deliberations, discussions, or voting on a matter | 216 |
or to use his official position with regard to the interests of | 217 |
the organization on the matter if the public official or employee | 218 |
has assumed a particular responsibility in the organization with | 219 |
respect to the matter or if the matter would affect that person's | 220 |
personal, pecuniary interests. | 221 |
(K) It is not a violation of this section for a prosecuting | 222 |
attorney to appoint assistants and employees in accordance with | 223 |
division (B) of section 309.06 and section 2921.421 of the Revised | 224 |
Code, for a chief legal officer of a municipal corporation or an | 225 |
official designated as prosecutor in a municipal corporation to | 226 |
appoint assistants and employees in accordance with sections | 227 |
733.621 and 2921.421 of the Revised Code, for a township law | 228 |
director appointed under section 504.15 of the Revised Code to | 229 |
appoint assistants and employees in accordance with sections | 230 |
504.151 and 2921.421 of the Revised Code, or for a coroner to | 231 |
appoint assistants and employees in accordance with division (B) | 232 |
of section 313.05 of the Revised Code. | 233 |
As used in this division, "chief legal officer" has the same | 234 |
meaning as in section 733.621 of the Revised Code. | 235 |
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the | 236 |
Revised Code: | 237 |
(A) "Public official" means any elected or appointed officer, | 238 |
or employee, or agent of the state or any political subdivision, | 239 |
whether in a temporary or permanent capacity, and includes, but is | 240 |
not limited to, legislators, judges, and law enforcement officers. | 241 |
(B) "Public servant" means any of the following: | 242 |
(1) Any public official; | 243 |
(2) Any person performing ad hoc a governmental function, | 244 |
including, but not limited to, a juror, member of a temporary | 245 |
commission, master, arbitrator, advisor, or consultant; | 246 |
(3) A person who is a candidate for public office, whether or | 247 |
not the person is elected or appointed to the office for which the | 248 |
person is a candidate. A person is a candidate for purposes of | 249 |
this division if the person has been nominated according to law | 250 |
for election or appointment to public office, or if the person has | 251 |
filed a petition or petitions as required by law to have the | 252 |
person's name placed on the ballot in a primary, general, or | 253 |
special election, or if the person campaigns as a write-in | 254 |
candidate in any primary, general, or special election. | 255 |
(C) "Party official" means any person who holds an elective | 256 |
or appointive post in a political party in the United States or | 257 |
this state, by virtue of which the person directs, conducts, or | 258 |
participates in directing or conducting party affairs at any level | 259 |
of responsibility. | 260 |
(D) "Official proceeding" means any proceeding before a | 261 |
legislative, judicial, administrative, or other governmental | 262 |
agency or official authorized to take evidence under oath, and | 263 |
includes any proceeding before a referee, hearing examiner, | 264 |
commissioner, notary, or other person taking testimony or a | 265 |
deposition in connection with an official proceeding. | 266 |
(E) "Detention" means arrest; confinement in any vehicle | 267 |
subsequent to an arrest; confinement in any public or private | 268 |
facility for custody of persons charged with or convicted of crime | 269 |
in this state or another state or under the laws of the United | 270 |
States or alleged or found to be a delinquent child or unruly | 271 |
child in this state or another state or under the laws of the | 272 |
United States; hospitalization, institutionalization, or | 273 |
confinement in any public or private facility that is ordered | 274 |
pursuant to or under the authority of section 2945.37, 2945.371, | 275 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 276 |
Code; confinement in any vehicle for transportation to or from any | 277 |
facility of any of those natures; detention for extradition or | 278 |
deportation; except as provided in this division, supervision by | 279 |
any employee of any facility of any of those natures that is | 280 |
incidental to hospitalization, institutionalization, or | 281 |
confinement in the facility but that occurs outside the facility; | 282 |
supervision by an employee of the department of rehabilitation and | 283 |
correction of a person on any type of release from a state | 284 |
correctional institution; or confinement in any vehicle, airplane, | 285 |
or place while being returned from outside of this state into this | 286 |
state by a private person or entity pursuant to a contract entered | 287 |
into under division (E) of section 311.29 of the Revised Code or | 288 |
division (B) of section 5149.03 of the Revised Code. For a person | 289 |
confined in a county jail who participates in a county jail | 290 |
industry program pursuant to section 5147.30 of the Revised Code, | 291 |
"detention" includes time spent at an assigned work site and going | 292 |
to and from the work site. | 293 |
(F) "Detention facility" means any public or private place | 294 |
used for the confinement of a person charged with or convicted of | 295 |
any crime in this state or another state or under the laws of the | 296 |
United States or alleged or found to be a delinquent child or | 297 |
unruly child in this state or another state or under the laws of | 298 |
the United States. | 299 |
(G) "Valuable thing or valuable benefit" includes, but is not | 300 |
limited to, a contribution. This inclusion does not indicate or | 301 |
imply that a contribution was not included in those terms before | 302 |
September 17, 1986. | 303 |
(H) "Campaign committee," "contribution," "political action | 304 |
committee," "legislative campaign fund," | 305 |
and "political contributing entity" have the same meanings as in | 306 |
section 3517.01 of the Revised Code. | 307 |
(I) "Provider agreement" and "medical assistance program" | 308 |
have the same meanings as in section 2913.40 of the Revised Code. | 309 |
Sec. 2921.43. (A) No public servant shall knowingly solicit | 310 |
or accept, and no person shall knowingly promise or give to a | 311 |
public servant, either of the following: | 312 |
(1) Any compensation, other than as allowed by divisions (G), | 313 |
(H), and (I) of section 102.03 of the Revised Code or other | 314 |
provisions of law, to perform the public servant's official | 315 |
duties, to perform any other act or service in the public | 316 |
servant's public capacity, for the general performance of the | 317 |
duties of the public servant's public office or public employment, | 318 |
or as a supplement to the public servant's public compensation; | 319 |
(2) Additional or greater fees or costs than are allowed by | 320 |
law to perform the public servant's official duties. | 321 |
(B) No public servant for the public servant's own personal | 322 |
or business use, and no person for the person's own personal or | 323 |
business use or for the personal or business use of a public | 324 |
servant or party official, shall solicit or accept anything of | 325 |
value in consideration of either of the following: | 326 |
(1) Appointing or securing, maintaining, or renewing the | 327 |
appointment of any person to any public office, employment, or | 328 |
agency; | 329 |
(2) Preferring, or maintaining the status of, any public | 330 |
employee with respect to compensation, duties, placement, | 331 |
location, promotion, or other material aspects of employment. | 332 |
(C) No person for the benefit of a political party, campaign | 333 |
committee, legislative campaign fund, | 334 |
committee, or political contributing entity shall coerce any | 335 |
contribution in consideration of either of the following: | 336 |
(1) Appointing or securing, maintaining, or renewing the | 337 |
appointment of any person to any public office, employment, or | 338 |
agency; | 339 |
(2) Preferring, or maintaining the status of, any public | 340 |
employee with respect to compensation, duties, placement, | 341 |
location, promotion, or other material aspects of employment. | 342 |
(D) Whoever violates this section is guilty of soliciting | 343 |
improper compensation, a misdemeanor of the first degree. | 344 |
(E) A public servant who is convicted of a violation of this | 345 |
section is disqualified from holding any public office, | 346 |
employment, or position of trust in this state for a period of | 347 |
seven years from the date of conviction. | 348 |
(F) Divisions (A), (B), and (C) of this section do not | 349 |
prohibit a person from making voluntary contributions to a | 350 |
political party, campaign committee, legislative campaign fund, | 351 |
political action committee, or political contributing entity or | 352 |
prohibit a political party, campaign committee, legislative | 353 |
campaign fund, | 354 |
contributing entity from accepting voluntary contributions. | 355 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 356 |
Title XXXV of the Revised Code is any group of voters that, at the | 357 |
most recent regular state election, polled for its candidate for | 358 |
governor in the state or nominees for presidential electors at | 359 |
least five per cent of the entire vote cast for that office or | 360 |
that filed with the secretary of state, subsequent to any election | 361 |
in which it received less than five per cent of that vote, a | 362 |
petition signed by qualified electors equal in number to at least | 363 |
one per cent of the total vote for governor or nominees for | 364 |
presidential electors at the most recent election, declaring their | 365 |
intention of organizing a political party, the name of which shall | 366 |
be stated in the declaration, and of participating in the | 367 |
succeeding primary election, held in even-numbered years, that | 368 |
occurs more than one hundred twenty days after the date of filing. | 369 |
No such group of electors shall assume a name or designation that | 370 |
is similar, in the opinion of the secretary of state, to that of | 371 |
an existing political party as to confuse or mislead the voters at | 372 |
an election. If any political party fails to cast five per cent of | 373 |
the total vote cast at an election for the office of governor or | 374 |
president, it shall cease to be a political party. | 375 |
(2) A campaign committee shall be legally liable for any | 376 |
debts, contracts, or expenditures incurred or executed in its | 377 |
name. | 378 |
(B) Notwithstanding the definitions found in section 3501.01 | 379 |
of the Revised Code, as used in this section and sections 3517.08 | 380 |
to 3517.14, 3517.99, and 3517.992 of the Revised Code: | 381 |
(1) "Campaign committee" means an entity that is formed by a | 382 |
candidate or a combination of two or more persons authorized by a | 383 |
candidate under section 3517.081 of the Revised Code to receive | 384 |
contributions and make expenditures and that is legally liable for | 385 |
any debts, contracts, or expenditures incurred or executed in its | 386 |
name. | 387 |
(2) "Campaign treasurer" means an individual appointed by a | 388 |
candidate under section 3517.081 of the Revised Code. | 389 |
(3) "Candidate" has the same meaning as in division (H) of | 390 |
section 3501.01 of the Revised Code and also includes any person | 391 |
who, at any time before or after an election, receives | 392 |
contributions or makes expenditures or other use of contributions, | 393 |
has given consent for another to receive contributions or make | 394 |
expenditures or other use of contributions, or appoints a campaign | 395 |
treasurer, for the purpose of bringing about the person's | 396 |
nomination or election to public office. When two persons jointly | 397 |
seek the offices of governor and lieutenant governor, "candidate" | 398 |
means the pair of candidates jointly. "Candidate" does not include | 399 |
candidates for election to the offices of member of a county or | 400 |
state central committee, presidential elector, and delegate to a | 401 |
national convention or conference of a political party. | 402 |
(4) "Continuing association" means an association, other than | 403 |
a campaign committee, political party, legislative campaign fund, | 404 |
political contributing entity, or labor organization, that is | 405 |
intended to be a permanent organization that has a primary purpose | 406 |
other than supporting or opposing specific candidates, political | 407 |
parties, or ballot issues, and that functions on a regular basis | 408 |
throughout the year. "Continuing association" includes | 409 |
organizations that are determined to be not organized for profit | 410 |
under subsection 501 and that are described in subsection | 411 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 412 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 413 |
of indebtedness, donation, advance, payment, or transfer of funds | 414 |
or anything of value, including a transfer of funds from an inter | 415 |
vivos or testamentary trust or decedent's estate, and the payment | 416 |
by any person other than the person to whom the services are | 417 |
rendered for the personal services of another person, which | 418 |
contribution is made, received, or used for the purpose of | 419 |
influencing the results of an election. Any loan, gift, deposit, | 420 |
forgiveness of indebtedness, donation, advance, payment, or | 421 |
transfer of funds or of anything of value, including a transfer of | 422 |
funds from an inter vivos or testamentary trust or decedent's | 423 |
estate, and the payment by any campaign committee, political | 424 |
action committee, legislative campaign fund, political party, | 425 |
political contributing entity, or person other than the person to | 426 |
whom the services are rendered for the personal services of | 427 |
another person, that is made, received, or used by a state or | 428 |
county political party, other than moneys a state or county | 429 |
political party receives from the Ohio political party fund | 430 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 431 |
state or county political party may receive under sections | 432 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 433 |
considered to be a "contribution" for the purpose of section | 434 |
3517.10 of the Revised Code and shall be included on a statement | 435 |
of contributions filed under that section. | 436 |
"Contribution" does not include any of the following: | 437 |
(a) Services provided without compensation by individuals | 438 |
volunteering a portion or all of their time on behalf of a person; | 439 |
(b) Ordinary home hospitality; | 440 |
(c) The personal expenses of a volunteer paid for by that | 441 |
volunteer campaign worker; | 442 |
(d) Any gift given to a state or county political party | 443 |
pursuant to section 3517.101 of the Revised Code. As used in | 444 |
division (B)(5)(d) of this section, "political party" means only a | 445 |
major political party; | 446 |
(e) Any contribution as defined in section 3517.1011 of the | 447 |
Revised Code that is made, received, or used to pay the direct | 448 |
costs of producing or airing an electioneering communication; | 449 |
(f) Any gift given to a state or county political party for | 450 |
the party's restricted fund under division (A)(2) of section | 451 |
3517.1012 of the Revised Code; | 452 |
(g) Any gift given to a state political party for deposit in | 453 |
a | 454 |
Code. As used in this division, " | 455 |
meaning as in that section. | 456 |
(6) "Expenditure" means the disbursement or use of a | 457 |
contribution for the purpose of influencing the results of an | 458 |
election or of making a charitable donation under division (G) of | 459 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 460 |
contribution by a state or county political party is an | 461 |
expenditure and shall be considered either to be made for the | 462 |
purpose of influencing the results of an election or to be made as | 463 |
a charitable donation under division (G) of section 3517.08 of the | 464 |
Revised Code and shall be reported on a statement of expenditures | 465 |
filed under section 3517.10 of the Revised Code. During the thirty | 466 |
days preceding a primary or general election, any disbursement to | 467 |
pay the direct costs of producing or airing a broadcast, cable, or | 468 |
satellite communication that refers to a clearly identified | 469 |
candidate shall be considered to be made for the purpose of | 470 |
influencing the results of that election and shall be reported as | 471 |
an expenditure or as an independent expenditure under section | 472 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 473 |
that the information required to be reported regarding | 474 |
contributors for those expenditures or independent expenditures | 475 |
shall be the same as the information required to be reported under | 476 |
477 | |
Revised Code. | 478 |
As used in this division, "broadcast, cable, or satellite | 479 |
communication" and "refers to a clearly identified candidate" have | 480 |
the same meanings as in section 3517.1011 of the Revised Code. | 481 |
(7) "Personal expenses" includes, but is not limited to, | 482 |
ordinary expenses for accommodations, clothing, food, personal | 483 |
motor vehicle or airplane, and home telephone. | 484 |
(8) "Political action committee" means a combination of two | 485 |
or more persons, the primary or major purpose of which is to | 486 |
support or oppose any candidate, political party, or issue, or to | 487 |
influence the result of any election through express advocacy, and | 488 |
that is not a political party, a campaign committee, a political | 489 |
contributing entity, or a legislative campaign fund. "Political | 490 |
action committee" does not include a continuing association that | 491 |
makes disbursements for the direct costs of producing or airing | 492 |
electioneering communications and that does not engage in express | 493 |
advocacy. | 494 |
(9) "Public office" means any state, county, municipal, | 495 |
township, or district office, except an office of a political | 496 |
party, that is filled by an election and the offices of United | 497 |
States senator and representative. | 498 |
(10) "Anything of value" has the same meaning as in section | 499 |
1.03 of the Revised Code. | 500 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 501 |
public official or employee for whose benefit a campaign fund | 502 |
exists, and any other person who has ever been a candidate or | 503 |
public official or employee and for whose benefit a campaign fund | 504 |
exists. | 505 |
(12) "Campaign fund" means money or other property, including | 506 |
contributions. | 507 |
(13) "Public official or employee" has the same meaning as in | 508 |
section 102.01 of the Revised Code. | 509 |
(14) "Caucus" means all of the members of the house of | 510 |
representatives or all of the members of the senate of the general | 511 |
assembly who are members of the same political party. | 512 |
(15) "Legislative campaign fund" means a fund that is | 513 |
established as an auxiliary of a state political party and | 514 |
associated with one of the houses of the general assembly. | 515 |
(16) "In-kind contribution" means anything of value other | 516 |
than money that is used to influence the results of an election or | 517 |
is transferred to or used in support of or in opposition to a | 518 |
candidate, campaign committee, legislative campaign fund, | 519 |
political party, | 520 |
contributing entity and that is made with the consent of, in | 521 |
coordination, cooperation, or consultation with, or at the request | 522 |
or suggestion of the
benefited candidate, committee, fund, | 523 |
party, or entity. The financing of the dissemination, | 524 |
distribution, or republication, in whole or part, of any broadcast | 525 |
or of any written, graphic, or other form of campaign materials | 526 |
prepared by the candidate, the candidate's campaign committee, or | 527 |
their authorized agents is an in-kind contribution to the | 528 |
candidate and an expenditure by the candidate. | 529 |
(17) "Independent expenditure" means an expenditure by a | 530 |
person advocating the election or defeat of an identified | 531 |
candidate or candidates, that is not made with the consent of, in | 532 |
coordination, cooperation, or consultation with, or at the request | 533 |
or suggestion of any candidate or candidates or of the campaign | 534 |
committee or agent of the candidate or candidates. As used in | 535 |
division (B)(17) of this section: | 536 |
(a) "Person" means an individual, partnership, unincorporated | 537 |
business organization or association, political action committee, | 538 |
political contributing entity, separate segregated fund, | 539 |
association, or other organization or group of persons, but not a | 540 |
labor organization or a corporation unless the labor organization | 541 |
or corporation is a political contributing entity. | 542 |
(b) "Advocating" means any communication containing a message | 543 |
advocating election or defeat. | 544 |
(c) "Identified candidate" means that the name of the | 545 |
candidate appears, a photograph or drawing of the candidate | 546 |
appears, or the identity of the candidate is otherwise apparent by | 547 |
unambiguous reference. | 548 |
(d) "Made in coordination, cooperation, or consultation with, | 549 |
or at the request or suggestion of, any candidate or the campaign | 550 |
committee or agent of the candidate" means made pursuant to any | 551 |
arrangement, coordination, or direction by the candidate, the | 552 |
candidate's campaign committee, or the candidate's agent prior to | 553 |
the publication, distribution, display, or broadcast of the | 554 |
communication. An expenditure is presumed to be so made when it is | 555 |
any of the following: | 556 |
(i) Based on information about the candidate's plans, | 557 |
projects, or needs provided to the person making the expenditure | 558 |
by the candidate, or by the candidate's campaign committee or | 559 |
agent, with a view toward having an expenditure made; | 560 |
(ii) Made by or through any person who is, or has been, | 561 |
authorized to raise or expend funds, who is, or has been, an | 562 |
officer of the candidate's campaign committee, or who is, or has | 563 |
been, receiving any form of compensation or reimbursement from the | 564 |
candidate or the candidate's campaign committee or agent; | 565 |
(iii) Except as otherwise provided in division (D) of section | 566 |
3517.105 of the Revised Code, made by a political party in support | 567 |
of a candidate, unless the expenditure is made by a political | 568 |
party to conduct voter registration or voter education efforts. | 569 |
(e) "Agent" means any person who has actual oral or written | 570 |
authority, either express or implied, to make or to authorize the | 571 |
making of expenditures on behalf of a candidate, or means any | 572 |
person who has been placed in a position with the candidate's | 573 |
campaign committee or organization such that it would reasonably | 574 |
appear that in the ordinary course of campaign-related activities | 575 |
the person may authorize expenditures. | 576 |
(18) "Labor organization" means a labor union; an employee | 577 |
organization; a federation of labor unions, groups, locals, or | 578 |
other employee organizations; an auxiliary of a labor union, | 579 |
employee organization, or federation of labor unions, groups, | 580 |
locals, or other employee organizations; or any other bona fide | 581 |
organization in which employees participate and that exists for | 582 |
the purpose, in whole or in part, of dealing with employers | 583 |
concerning grievances, labor disputes, wages, hours, and other | 584 |
terms and conditions of employment. | 585 |
(19) "Separate segregated fund" means a separate segregated | 586 |
fund established pursuant to the Federal Election Campaign Act. | 587 |
(20) "Federal Election Campaign Act" means the "Federal | 588 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 589 |
seq., as amended. | 590 |
(21) "Restricted fund" means the fund a state or county | 591 |
political party must establish under division (A)(1) of section | 592 |
3517.1012 of the Revised Code. | 593 |
(22) "Electioneering communication" has the same meaning as | 594 |
in section 3517.1011 of the Revised Code. | 595 |
(23) "Express advocacy" means a communication that contains | 596 |
express words advocating the nomination, election, or defeat of a | 597 |
candidate or that contains express words advocating the adoption | 598 |
or defeat of a question or issue, as determined by a final | 599 |
judgment of a court of competent jurisdiction. | 600 |
(24) "Political committee" has the same meaning as in section | 601 |
3517.1011 of the Revised Code. | 602 |
(25) "Political contributing entity" means any entity, | 603 |
including a corporation or labor organization, that may lawfully | 604 |
make contributions and expenditures and that is not an individual | 605 |
or a political action committee, continuing association, campaign | 606 |
committee, political party, legislative campaign fund, designated | 607 |
state campaign committee, or state candidate fund. For purposes of | 608 |
this division, "lawfully" means not prohibited by any section of | 609 |
the Revised Code, or authorized by a final judgment of a court of | 610 |
competent jurisdiction. | 611 |
Sec. 3517.08. (A) The personal expenses of a candidate paid | 612 |
for by the candidate, from the candidate's personal funds, shall | 613 |
not be considered as a contribution by or an expenditure by the | 614 |
candidate and shall not be reported under section 3517.10 of the | 615 |
Revised Code. | 616 |
(B)(1) An expenditure by a political action committee or a | 617 |
political contributing entity shall not be considered a | 618 |
contribution by the political action committee or the political | 619 |
contributing entity or an expenditure by or on behalf of the | 620 |
candidate if the purpose of the expenditure is to inform only its | 621 |
members by means of mailed publications of its activities or | 622 |
endorsements. | 623 |
(2) An expenditure by a political party shall not be | 624 |
considered a contribution by the political party or an expenditure | 625 |
by or on behalf of the candidate if the purpose of the expenditure | 626 |
is to inform predominantly the party's members by means of mailed | 627 |
publications or other direct communication of its activities or | 628 |
endorsements, or for voter contact such as sample ballots, absent | 629 |
voter's ballots application mailings, voter registration, or | 630 |
get-out-the-vote activities. | 631 |
(C) An expenditure by a continuing association, political | 632 |
contributing entity, or political party shall not be considered a | 633 |
contribution to any campaign committee or an expenditure by or on | 634 |
behalf of any campaign committee if the purpose of the expenditure | 635 |
is for the staff and maintenance of the continuing association's, | 636 |
political contributing entity's, or political party's | 637 |
headquarters, or for a political poll, survey, index, or other | 638 |
type of measurement not on behalf of a specific candidate. | 639 |
(D) The expenses of maintaining a constituent office paid | 640 |
for, from the candidate's personal funds, by a candidate who is a | 641 |
member of the general assembly at the time of the election shall | 642 |
not be considered a contribution by or an expenditure by or on | 643 |
behalf of the candidate, and shall not be reported, if the | 644 |
constituent office is not used for any candidate's campaign | 645 |
activities. | 646 |
(E) The net contribution of each social or fund-raising | 647 |
activity shall be calculated by totaling all contributions to the | 648 |
activity minus the expenditures made for the activity. | 649 |
(F) An expenditure that purchases goods or services shall be | 650 |
attributed to an election when the disbursement of funds is made, | 651 |
rather than at the time the goods or services are used. The | 652 |
secretary of state, under the procedures of Chapter 119. of the | 653 |
Revised Code, shall establish rules for the attribution of | 654 |
expenditures to a candidate when the candidate is a candidate for | 655 |
more than one office during a reporting period and for | 656 |
expenditures made in a year in which no election is held. The | 657 |
secretary of state shall further define by rule those expenditures | 658 |
that are or are not by or on behalf of a candidate. | 659 |
(G) An expenditure for the purpose of a charitable donation | 660 |
may be made if it is made to an organization that is exempt from | 661 |
federal income taxation under subsection 501(a) and described in | 662 |
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or | 663 |
501(c)(19) of the Internal Revenue Code or is approved by advisory | 664 |
opinion of the Ohio elections commission as a legitimate | 665 |
charitable organization. Each expenditure under this division | 666 |
shall be separately itemized on statements made pursuant to | 667 |
section 3517.10 of the Revised Code. | 668 |
Sec. 3517.09. (A) No person or committee shall solicit, ask, | 669 |
invite, or demand, directly or indirectly, orally or in writing, a | 670 |
contribution, subscription, or payment from a candidate for | 671 |
nomination or election or from the campaign committee of that | 672 |
candidate, and no person shall solicit, ask, invite, or demand | 673 |
that a candidate for nomination or election or the campaign | 674 |
committee of that candidate subscribe to the support of a club or | 675 |
organization, buy tickets to an entertainment, ball, supper, or | 676 |
other meeting, or pay for space in a book, program, or | 677 |
publication. This division does not apply to any of the following: | 678 |
(1) Regular advertisements in periodicals having an | 679 |
established circulation; | 680 |
(2) Regular payments to civic, political, fraternal, social, | 681 |
charitable, or religious organizations of which the candidate was | 682 |
a member or contributor six months before the candidate's | 683 |
candidacy; | 684 |
(3) Regular party assessments made by a party against its own | 685 |
candidates. | 686 |
(B) No person shall coerce, intimidate, or cause harm to | 687 |
another person by an act or failure to act, or shall threaten to | 688 |
coerce, intimidate, or cause harm to another person, because that | 689 |
other person makes or does not make a contribution to a candidate, | 690 |
campaign committee, political party, legislative campaign fund, | 691 |
political action committee, political contributing entity, or | 692 |
person making disbursements to pay the direct costs of producing | 693 |
or airing electioneering communications. | 694 |
(C) An employer or labor organization, directly or through | 695 |
another person, may obtain contributions for a candidate, campaign | 696 |
committee, political action committee, legislative campaign fund, | 697 |
political party, or person making disbursements to pay the direct | 698 |
costs of producing or airing electioneering communications from an | 699 |
employee or member from whom the employer or labor organization | 700 |
was not obtaining contributions for that candidate, campaign | 701 |
committee, political action committee, legislative campaign fund, | 702 |
political party, or person making disbursements to pay the direct | 703 |
costs of producing or airing electioneering communications before | 704 |
705 | |
automatic basis pursuant to a payroll deduction plan only if the | 706 |
employee or member who is contributing to that candidate, campaign | 707 |
committee, political action committee, legislative campaign fund, | 708 |
political party, or person making | 709 |
disbursements to pay the direct costs of producing or airing | 710 |
electioneering communications affirmatively consents to the | 711 |
contribution in writing. | 712 |
(D) In addition to the laws listed in division (A) of section | 713 |
4117.10 of the Revised Code that prevail over conflicting | 714 |
agreements between employee organizations and public employers, | 715 |
this section prevails over any conflicting provisions of | 716 |
agreements between labor organizations and public employers that | 717 |
are entered into on or after | 718 |
March 31, 2005, pursuant to Chapter 4117. of the Revised Code. | 719 |
Sec. 3517.092. (A) As used in this section: | 720 |
(1) "Appointing authority" has the same meaning as in section | 721 |
124.01 of the Revised Code. | 722 |
(2) "State elected officer" means any person appointed or | 723 |
elected to a state elective office. | 724 |
(3) "State elective office" means any of the offices of | 725 |
governor, lieutenant governor, secretary of state, auditor of | 726 |
state, treasurer of state, attorney general, member of the state | 727 |
board of education, member of the general assembly, and justice | 728 |
and chief justice of the supreme court. | 729 |
(4) "County elected officer" means any person appointed or | 730 |
elected to a county elective office. | 731 |
(5) "County elective office" means any of the offices of | 732 |
county auditor, county treasurer, clerk of the court of common | 733 |
pleas, sheriff, county recorder, county engineer, county | 734 |
commissioner, prosecuting attorney, and coroner. | 735 |
(6) "Contribution" includes a contribution to any political | 736 |
party, campaign committee, political action committee, political | 737 |
contributing entity, or legislative campaign fund. | 738 |
(B) No state elected officer, no campaign committee of such | 739 |
an officer, and no other person or entity shall knowingly solicit | 740 |
or accept a contribution on behalf of that officer or that | 741 |
officer's campaign committee from any of the following: | 742 |
(1) A state employee whose appointing authority is the state | 743 |
elected officer; | 744 |
(2) A state employee whose appointing authority is authorized | 745 |
or required by law to be appointed by the state elected officer; | 746 |
(3) A state employee who functions in or is employed in or by | 747 |
the same public agency, department, division, or office as the | 748 |
state elected officer. | 749 |
(C) No candidate for a state elective office, no campaign | 750 |
committee of such a candidate, and no other person or entity shall | 751 |
knowingly solicit or accept a contribution on behalf of that | 752 |
candidate or that candidate's campaign committee from any of the | 753 |
following: | 754 |
(1) A state employee at the time of the solicitation, whose | 755 |
appointing authority will be the candidate, if elected; | 756 |
(2) A state employee at the time of the solicitation, whose | 757 |
appointing authority will be appointed by the candidate, if | 758 |
elected, as authorized or required by law; | 759 |
(3) A state employee at the time of the solicitation, who | 760 |
will function in or be employed in or by the same public agency, | 761 |
department, division, or office as the candidate, if elected. | 762 |
(D) No county elected officer, no campaign committee of such | 763 |
an officer, and no other person or entity shall knowingly solicit | 764 |
a contribution on behalf of that officer or that officer's | 765 |
campaign committee from any of the following: | 766 |
(1) A county employee whose appointing authority is the | 767 |
county elected officer; | 768 |
(2) A county employee whose appointing authority is | 769 |
authorized or required by law to be appointed by the county | 770 |
elected officer; | 771 |
(3) A county employee who functions in or is employed in or | 772 |
by the same public agency, department, division, or office as the | 773 |
county elected officer. | 774 |
(E) No candidate for a county elective office, no campaign | 775 |
committee of such a candidate, and no other person or entity shall | 776 |
knowingly solicit a contribution on behalf of that candidate or | 777 |
that candidate's campaign committee from any of the following: | 778 |
(1) A county employee at the time of the solicitation, whose | 779 |
appointing authority will be the candidate, if elected; | 780 |
(2) A county employee at the time of the solicitation, whose | 781 |
appointing authority will be appointed by the candidate, if | 782 |
elected, as authorized or required by law; | 783 |
(3) A county employee at the time of the solicitation, who | 784 |
will function in or be employed in or by the same public agency, | 785 |
department, division, or office as the candidate, if elected. | 786 |
(F)(1) No public employee shall solicit a contribution from | 787 |
any person while the public employee is performing the public | 788 |
employee's official duties or in those areas of a public building | 789 |
where official business is transacted or conducted. | 790 |
(2) No person shall solicit a contribution from any public | 791 |
employee while the public employee is performing the public | 792 |
employee's official duties or is in those areas of a public | 793 |
building where official business is transacted or conducted. | 794 |
(3) As used in division (F) of this section, "public | 795 |
employee" does not include any person holding an elective office. | 796 |
(G) The prohibitions in divisions (B), (C), (D), (E), and (F) | 797 |
of this section are in addition to the prohibitions in sections | 798 |
124.57, 3304.22, and 4503.032 of the Revised Code. | 799 |
Sec. 3517.10. (A) Except as otherwise provided in this | 800 |
division, every campaign committee, political action committee, | 801 |
legislative campaign fund, | 802 |
contributing entity that made or received a contribution or made | 803 |
an expenditure in connection with the nomination or election of | 804 |
any candidate or in connection with any ballot issue or question | 805 |
at any election held or to be held in this state shall file, on a | 806 |
form prescribed under this section or by electronic means of | 807 |
transmission as provided in this section and section 3517.106 of | 808 |
the Revised Code, a full, true, and itemized statement, made under | 809 |
penalty of election falsification, setting forth in detail the | 810 |
contributions and expenditures, not later than four p.m. of the | 811 |
following dates: | 812 |
(1) The twelfth day before the election to reflect | 813 |
contributions received and expenditures made from the close of | 814 |
business on the last day reflected in the last previously filed | 815 |
statement, if any, to the close of business on the twentieth day | 816 |
before the election; | 817 |
(2) The thirty-eighth day after the election to reflect the | 818 |
contributions received and expenditures made from the close of | 819 |
business on the last day reflected in the last previously filed | 820 |
statement, if any, to the close of business on the seventh day | 821 |
before the filing of the statement; | 822 |
(3) The last business day of January of every year to reflect | 823 |
the contributions received and expenditures made from the close of | 824 |
business on the last day reflected in the last previously filed | 825 |
statement, if any, to the close of business on the last day of | 826 |
December of the previous year; | 827 |
(4) The last business day of July of every year to reflect | 828 |
the contributions received and expenditures made from the close of | 829 |
business on the last day reflected in the last previously filed | 830 |
statement, if any, to the close of business on the last day of | 831 |
June of that year. | 832 |
A campaign committee shall only be required to file the | 833 |
statements prescribed under divisions (A)(1) and (2) of this | 834 |
section in connection with the nomination or election of the | 835 |
committee's candidate. | 836 |
The statement required under division (A)(1) of this section | 837 |
shall not be required of any campaign committee, political action | 838 |
committee, legislative campaign
fund, | 839 |
political contributing entity that has received contributions of | 840 |
less than one thousand dollars and has made expenditures of less | 841 |
than one thousand dollars at the close of business on the | 842 |
twentieth day before the election. Those contributions and | 843 |
expenditures shall be reported in the statement required under | 844 |
division (A)(2) of this section. | 845 |
If an election to select candidates to appear on the general | 846 |
election ballot is held within sixty days before a general | 847 |
election, the campaign committee of a successful candidate in the | 848 |
earlier election may file the statement required by division | 849 |
(A)(1) of this section for the general election instead of the | 850 |
statement required by division (A)(2) of this section for the | 851 |
earlier election if the pregeneral election statement reflects the | 852 |
status of contributions and expenditures for the period twenty | 853 |
days before the earlier election to twenty days before the general | 854 |
election. | 855 |
If a person becomes a candidate less than twenty days before | 856 |
an election, the candidate's campaign committee is not required to | 857 |
file the statement required by division (A)(1) of this section. | 858 |
No statement under division (A)(3) or (4) of this section | 859 |
shall be required for any year in which a campaign committee, | 860 |
political
action committee, legislative campaign fund, | 861 |
political party, or political contributing entity is required to | 862 |
file a postgeneral election statement under division (A)(2) of | 863 |
this section. However, such a statement may be filed, at the | 864 |
option of the campaign committee, political action committee, | 865 |
legislative
campaign fund, | 866 |
contributing entity. | 867 |
No statement under division (A)(3) or (4) of this section | 868 |
shall be required if the campaign committee, political action | 869 |
committee,
legislative campaign fund, | 870 |
political contributing entity has no contributions that it has | 871 |
received and no expenditures that it has made since the last date | 872 |
reflected in its last previously filed statement. However, the | 873 |
campaign committee, political action committee, legislative | 874 |
campaign fund, | 875 |
entity shall file a statement to that effect, on a form prescribed | 876 |
under this section and made under penalty of election | 877 |
falsification, on the date required in division (A)(3) or (4) of | 878 |
this section, as applicable. | 879 |
The campaign committee of a statewide candidate shall file a | 880 |
monthly statement of contributions received during each of the | 881 |
months of July, August, and September in the year of the general | 882 |
election in which the candidate seeks office. The campaign | 883 |
committee of a statewide candidate shall file the monthly | 884 |
statement not later than three business days after the last day of | 885 |
the month covered by the statement. During the period beginning on | 886 |
the nineteenth day before the general election in which a | 887 |
statewide candidate seeks election to office and extending through | 888 |
the day of that general election, each time the campaign committee | 889 |
of the joint candidates for the offices of governor and lieutenant | 890 |
governor or of a candidate for the office of secretary of state, | 891 |
auditor of state, treasurer of state, or attorney general receives | 892 |
a contribution from a contributor that causes the aggregate amount | 893 |
of contributions received from that contributor during that period | 894 |
to equal or exceed ten thousand dollars and each time the campaign | 895 |
committee of a candidate for the office of chief justice or | 896 |
justice of the supreme court receives a contribution from a | 897 |
contributor that causes the aggregate amount of contributions | 898 |
received from that contributor during that period to exceed ten | 899 |
thousand dollars, the campaign committee shall file a | 900 |
two-business-day statement reflecting that contribution. During | 901 |
the period beginning on the nineteenth day before a primary | 902 |
election in which a candidate for statewide office seeks | 903 |
nomination to office and extending through the day of that primary | 904 |
election, each time either the campaign committee of a statewide | 905 |
candidate in that primary election that files a notice under | 906 |
division (C)(1) of section 3517.103 of the Revised Code or the | 907 |
campaign committee of a statewide candidate in that primary | 908 |
election to which, in accordance with division (D) of section | 909 |
3517.103 of the Revised Code, the contribution limitations | 910 |
prescribed in section 3517.102 of the Revised Code no longer apply | 911 |
receives a contribution from a contributor that causes the | 912 |
aggregate amount of contributions received from that contributor | 913 |
during that period to exceed ten thousand dollars, the campaign | 914 |
committee shall file a two-business-day statement reflecting that | 915 |
contribution. Contributions reported on a two-business-day | 916 |
statement required to be filed by a campaign committee of a | 917 |
statewide candidate in a primary election shall also be included | 918 |
in the postprimary election statement required to be filed by that | 919 |
campaign committee under division (A)(2) of this section. A | 920 |
two-business-day statement required by this paragraph shall be | 921 |
filed not later than two business days after receipt of the | 922 |
contribution. The statements required by this paragraph shall be | 923 |
filed in addition to any other statements required by this | 924 |
section. | 925 |
Subject to the secretary of state having implemented, tested, | 926 |
and verified the successful operation of any system the secretary | 927 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 928 |
this section and division (H)(1) of section 3517.106 of the | 929 |
Revised Code for the filing of campaign finance statements by | 930 |
electronic means of transmission, a campaign committee of a | 931 |
statewide candidate shall file a two-business-day statement under | 932 |
the preceding paragraph by electronic means of transmission if the | 933 |
campaign committee is required to file a pre-election, | 934 |
postelection, or monthly statement of contributions and | 935 |
expenditures by electronic means of transmission under this | 936 |
section or section 3517.106 of the Revised Code. | 937 |
If a campaign committee or political action committee has no | 938 |
balance on hand and no outstanding obligations and desires to | 939 |
terminate itself, it shall file a statement to that effect, on a | 940 |
form prescribed under this section and made under penalty of | 941 |
election falsification, with the official with whom it files a | 942 |
statement under division (A) of this section after filing a final | 943 |
statement of contributions and a final statement of expenditures, | 944 |
if contributions have been received or expenditures made since the | 945 |
period reflected in its last previously filed statement. | 946 |
(B) Except as otherwise provided in division (C)(7) of this | 947 |
section, each statement required by division (A) of this section | 948 |
shall contain the following information: | 949 |
(1) The full name and address of each campaign committee, | 950 |
political action committee, legislative campaign
fund, | 951 |
political party, or political contributing entity, including any | 952 |
treasurer
of the committee, fund, | 953 |
contribution and expenditure statement; | 954 |
(2)(a) In the case of a campaign committee, the candidate's | 955 |
full name and address; | 956 |
(b) In the case of a political action committee, the | 957 |
registration number assigned to the committee under division | 958 |
(D)(1) of this section. | 959 |
(3) The date of the election and whether it was or will be a | 960 |
general, primary, or special election; | 961 |
(4) A statement of contributions received, which shall | 962 |
include the following information: | 963 |
(a) The month, day, and year of the contribution; | 964 |
(b)(i) The full name and address of each person, political | 965 |
party, campaign committee, legislative campaign fund, | 966 |
action committee, or political contributing entity from whom | 967 |
contributions are received and the registration number assigned to | 968 |
the political action committee under division (D)(1) of this | 969 |
section. The requirement of filing the full address does not apply | 970 |
to any statement filed by a state or local committee of a | 971 |
political party, to a finance committee of such committee, or to a | 972 |
committee recognized by a state or local committee as its | 973 |
fund-raising auxiliary. Notwithstanding division (F) of this | 974 |
section, the requirement of filing the full address shall be | 975 |
considered as being met if the address filed is the same address | 976 |
the contributor provided under division (E)(1) of this section. | 977 |
(ii) If a political action committee, political contributing | 978 |
entity, legislative campaign fund, or political party that is | 979 |
required to file campaign finance statements by electronic means | 980 |
of transmission under section 3517.106 of the Revised Code or a | 981 |
campaign committee of a statewide candidate or candidate for the | 982 |
office of member of the general assembly receives a contribution | 983 |
from an individual that exceeds one hundred dollars, the name of | 984 |
the individual's current employer, if any, or, if the individual | 985 |
is self-employed, the individual's occupation and the name of the | 986 |
individual's business, if any; | 987 |
(iii) If a campaign committee of a statewide candidate or | 988 |
candidate for the office of member of the general assembly | 989 |
receives a contribution transmitted pursuant to section 3599.031 | 990 |
of the Revised Code from amounts deducted from the wages and | 991 |
salaries of two or more employees that exceeds in the aggregate | 992 |
one hundred dollars during any one filing period under division | 993 |
(A)(1), (2), (3), or (4) of this section, the full name of the | 994 |
employees' employer and the full name of the labor organization of | 995 |
which the employees are members, if any. | 996 |
(c) A description of the contribution received, if other than | 997 |
money; | 998 |
(d) The value in dollars and cents of the contribution; | 999 |
(e) A separately itemized account of all contributions and | 1000 |
expenditures regardless of the amount, except a receipt of a | 1001 |
contribution from a person in the sum of twenty-five dollars or | 1002 |
less at one social or fund-raising activity and a receipt of a | 1003 |
contribution transmitted pursuant to section 3599.031 of the | 1004 |
Revised Code from amounts deducted from the wages and salaries of | 1005 |
employees if the contribution from the amount deducted from the | 1006 |
wages and salary of any one employee is twenty-five dollars or | 1007 |
less aggregated in a calendar year. An account of the total | 1008 |
contributions from each social or fund-raising activity shall | 1009 |
include a description of and the value of each in-kind | 1010 |
contribution received at that activity from any person who made | 1011 |
one or more such contributions whose aggregate value exceeded two | 1012 |
hundred fifty dollars and shall be listed separately, together | 1013 |
with the expenses incurred and paid in connection with that | 1014 |
activity. A campaign committee, political action committee, | 1015 |
legislative campaign fund, | 1016 |
contributing entity shall keep records of contributions from each | 1017 |
person in the amount of twenty-five dollars or less at one social | 1018 |
or fund-raising activity and contributions from amounts deducted | 1019 |
under section 3599.031 of the Revised Code from the wages and | 1020 |
salary of each employee in the amount of twenty-five dollars or | 1021 |
less aggregated in a calendar year. No continuing association that | 1022 |
is recognized by a state or local committee of a political party | 1023 |
as an auxiliary of the party and that makes a contribution from | 1024 |
funds derived solely from regular dues paid by members of the | 1025 |
auxiliary shall be required to list the name or address of any | 1026 |
members who paid those dues. | 1027 |
Contributions that are other income shall be itemized | 1028 |
separately from all other contributions. The information required | 1029 |
under division (B)(4) of this section shall be provided for all | 1030 |
other income itemized. As used in this paragraph, "other income" | 1031 |
means a loan, investment income, or interest income. | 1032 |
(f) In the case of a campaign committee of a state elected | 1033 |
officer, if a person doing business with the state elected officer | 1034 |
in the officer's official capacity makes a contribution to the | 1035 |
campaign committee of that officer, the information required under | 1036 |
division (B)(4) of this section in regard to that contribution, | 1037 |
which shall be filed together with and considered a part of the | 1038 |
committee's statement of contributions as required under division | 1039 |
(A) of this section but shall be filed on a separate form provided | 1040 |
by the secretary of state. As used in this division: | 1041 |
(i) "State elected officer" has the same meaning as in | 1042 |
section 3517.092 of the Revised Code. | 1043 |
(ii) "Person doing business" means a person or an officer of | 1044 |
an entity who enters into one or more contracts with a state | 1045 |
elected officer or anyone authorized to enter into contracts on | 1046 |
behalf of that officer to receive payments for goods or services, | 1047 |
if the payments total, in the aggregate, more than five thousand | 1048 |
dollars during a calendar year. | 1049 |
(5) A statement of expenditures which shall include the | 1050 |
following information: | 1051 |
(a) The month, day, and year of the expenditure; | 1052 |
(b) The full name and address of each person, political | 1053 |
party, campaign committee, legislative campaign fund, | 1054 |
action committee, or political contributing entity to whom the | 1055 |
expenditure was made and the registration number assigned to the | 1056 |
political action committee under division (D)(1) of this section; | 1057 |
(c) The object or purpose for which the expenditure was made; | 1058 |
(d) The amount of each expenditure. | 1059 |
(C)(1) The statement of contributions and expenditures shall | 1060 |
be signed by the person completing the form. If a statement of | 1061 |
contributions and expenditures is filed by electronic means of | 1062 |
transmission pursuant to this section or section 3517.106 of the | 1063 |
Revised Code, the electronic signature of the person who executes | 1064 |
the statement and transmits the statement by electronic means of | 1065 |
transmission, as provided in division (H) of section 3517.106 of | 1066 |
the Revised Code, shall be attached to or associated with the | 1067 |
statement and shall be binding on all persons and for all purposes | 1068 |
under the campaign finance reporting law as if the signature had | 1069 |
been handwritten in ink on a printed form. | 1070 |
(2) The person filing the statement, under penalty of | 1071 |
election falsification, shall include with it a list of each | 1072 |
anonymous contribution, the circumstances under which it was | 1073 |
received, and the reason it cannot be attributed to a specific | 1074 |
donor. | 1075 |
(3) Each statement of a campaign committee of a candidate who | 1076 |
holds public office shall contain a designation of each | 1077 |
contributor who is an employee in any unit or department under the | 1078 |
candidate's direct supervision and control. In a space provided in | 1079 |
the statement, the person filing the statement shall affirm that | 1080 |
each such contribution was voluntarily made. | 1081 |
(4) A campaign committee that did not receive contributions | 1082 |
or make expenditures in connection with the nomination or election | 1083 |
of its candidate shall file a statement to that effect, on a form | 1084 |
prescribed under this section and made under penalty of election | 1085 |
falsification, on the date required in division (A)(2) of this | 1086 |
section. | 1087 |
(5) The campaign committee of any person who attempts to | 1088 |
become a candidate and who, for any reason, does not become | 1089 |
certified in accordance with Title XXXV of the Revised Code for | 1090 |
placement on the official ballot of a primary, general, or special | 1091 |
election to be held in this state, and who, at any time prior to | 1092 |
or after an election, receives contributions or makes | 1093 |
expenditures, or has given consent for another to receive | 1094 |
contributions or make expenditures, for the purpose of bringing | 1095 |
about the person's nomination or election to public office, shall | 1096 |
file the statement or statements prescribed by this section and a | 1097 |
termination statement, if applicable. Division (C)(5) of this | 1098 |
section does not apply to any person with respect to an election | 1099 |
to the offices of member of a county or state central committee, | 1100 |
presidential elector, or delegate to a national convention or | 1101 |
conference of a political party. | 1102 |
(6)(a) The statements required to be filed under this section | 1103 |
shall specify the balance in the hands of the campaign committee, | 1104 |
political action
committee, legislative campaign fund, | 1105 |
political party, or political contributing entity and the | 1106 |
disposition intended to be made of that balance. | 1107 |
(b) The secretary of state shall prescribe the form for all | 1108 |
statements required to be filed under this section and shall | 1109 |
furnish the forms to the boards of elections in the several | 1110 |
counties. The boards of elections shall supply printed copies of | 1111 |
those forms without charge. The secretary of state shall prescribe | 1112 |
the appropriate methodology, protocol, and data file structure for | 1113 |
statements required or permitted to be filed by electronic means | 1114 |
of transmission under division (A) of this section, divisions (E), | 1115 |
(F), and (G) of section 3517.106, division (D) of section | 1116 |
3517.1011, division (B) of section 3517.1012, and division (C) of | 1117 |
section 3517.1013 of the Revised Code. Subject to division (A) of | 1118 |
this section, divisions (E), (F), and (G) of section 3517.106, | 1119 |
division (D) of section 3517.1011, division (B) of section | 1120 |
3517.1012, and division (C) of section 3517.1013 of the Revised | 1121 |
Code, the statements required to be stored on computer by the | 1122 |
secretary of state under division (B) of section 3517.106 of the | 1123 |
Revised Code shall be filed in whatever format the secretary of | 1124 |
state considers necessary to enable the secretary of state to | 1125 |
store the information contained in the statements on computer. Any | 1126 |
such format shall be of a type and nature that is readily | 1127 |
available to whoever is required to file the statements in that | 1128 |
format. | 1129 |
(c) The secretary of state shall assess the need for training | 1130 |
regarding the filing of campaign finance statements by electronic | 1131 |
means of transmission and regarding associated technologies for | 1132 |
candidates, campaign committees, political action committees, | 1133 |
legislative campaign funds, | 1134 |
contributing entities, for individuals, partnerships, or other | 1135 |
entities, or for persons making disbursements to pay the direct | 1136 |
costs of producing or airing electioneering communications, | 1137 |
required or permitted to file statements by electronic means of | 1138 |
transmission under this section or section 3517.105, 3517.106, | 1139 |
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the | 1140 |
opinion of the secretary of state, training in these areas is | 1141 |
necessary, the secretary of state shall arrange for the provision | 1142 |
of voluntary training programs for candidates, campaign | 1143 |
committees, political action committees, legislative campaign | 1144 |
funds, | 1145 |
for individuals, partnerships, and other entities, or for persons | 1146 |
making disbursements to pay the direct costs of producing or | 1147 |
airing electioneering communications, as appropriate. | 1148 |
(7) Each monthly statement and each two-business-day | 1149 |
statement required by division (A) of this section shall contain | 1150 |
the information required by divisions (B)(1) to (4), (C)(2), and, | 1151 |
if appropriate, (C)(3) of this section. Each statement shall be | 1152 |
signed as required by division (C)(1) of this section. | 1153 |
(D)(1) Prior to receiving a contribution or making an | 1154 |
expenditure, every campaign committee, political action committee, | 1155 |
legislative campaign fund, | 1156 |
contributing entity shall appoint a treasurer and shall file, on a | 1157 |
form prescribed by the secretary of state, a designation of that | 1158 |
appointment, including the full name and address of the treasurer | 1159 |
and of the campaign committee, political action committee, | 1160 |
legislative campaign fund, | 1161 |
contributing entity. That designation shall be filed with the | 1162 |
official with whom the campaign committee, political action | 1163 |
committee, legislative campaign fund, | 1164 |
political contributing entity is required to file statements under | 1165 |
section 3517.11 of the Revised Code. The name of a campaign | 1166 |
committee shall include at least the last name of the campaign | 1167 |
committee's candidate. The secretary of state shall assign a | 1168 |
registration number to each political action committee that files | 1169 |
a designation of the appointment of a treasurer under this | 1170 |
division if the political action committee is required by division | 1171 |
(A)(1) of section 3517.11 of the Revised Code to file the | 1172 |
statements prescribed by this section with the secretary of state. | 1173 |
(2) The treasurer appointed under division (D)(1) of this | 1174 |
section shall keep a strict account of all contributions, from | 1175 |
whom received and the purpose for which they were disbursed. | 1176 |
(3)(a) Except as otherwise provided in section 3517.108 of | 1177 |
the Revised Code, a campaign committee shall deposit all monetary | 1178 |
contributions received by the committee into an account separate | 1179 |
from a personal or business account of the candidate or campaign | 1180 |
committee. | 1181 |
(b) A political action committee shall deposit all monetary | 1182 |
contributions received by the committee into an account separate | 1183 |
from all other funds. | 1184 |
(c) A state or county political party may establish a state | 1185 |
candidate fund that is separate from an account that contains the | 1186 |
public moneys received from the Ohio political party fund under | 1187 |
section 3517.17 of the Revised Code and from all other funds. A | 1188 |
state or county political party may deposit into its state | 1189 |
candidate fund any amounts of monetary contributions that are made | 1190 |
to or accepted by the political party subject to the applicable | 1191 |
limitations, if any, prescribed in section 3517.102 of the Revised | 1192 |
Code. A state or county political party shall deposit all other | 1193 |
monetary contributions received by the party into one or more | 1194 |
accounts that are separate from its state candidate fund and from | 1195 |
its account that contains the public moneys received from the Ohio | 1196 |
political party fund under section 3517.17 of the Revised Code. | 1197 |
(d) Each state political party shall have only one | 1198 |
legislative campaign fund for each house of the general assembly. | 1199 |
Each such fund shall be separate from any other funds or accounts | 1200 |
of that state party. A legislative campaign fund is authorized to | 1201 |
receive contributions and make expenditures for the primary | 1202 |
purpose of furthering the election of candidates who are members | 1203 |
of that political party to the house of the general assembly with | 1204 |
which that legislative campaign fund is associated. Each | 1205 |
legislative campaign fund shall be administered and controlled in | 1206 |
a manner designated by the caucus. As used in this division, | 1207 |
"caucus" has the same meaning as in section 3517.01 of the Revised | 1208 |
Code and includes, as an ex officio member, the chairperson of the | 1209 |
state political party with which the caucus is associated or that | 1210 |
chairperson's designee. | 1211 |
(4) Every expenditure in excess of twenty-five dollars shall | 1212 |
be vouched for by a receipted bill, stating the purpose of the | 1213 |
expenditure, that shall be filed with the statement of | 1214 |
expenditures. A canceled check with a notation of the purpose of | 1215 |
the expenditure is a receipted bill for purposes of division | 1216 |
(D)(4) of this section. | 1217 |
(5) The secretary of state or the board of elections, as the | 1218 |
case may be, shall issue a receipt for each statement filed under | 1219 |
this section and shall preserve a copy of the receipt for a period | 1220 |
of at least six years. All statements filed under this section | 1221 |
shall be open to public inspection in the office where they are | 1222 |
filed and shall be carefully preserved for a period of at least | 1223 |
six years after the year in which they are filed. | 1224 |
(6) The secretary of state, by rule adopted pursuant to | 1225 |
section 3517.23 of the Revised Code, shall prescribe both of the | 1226 |
following: | 1227 |
(a) The manner of immediately acknowledging, with date and | 1228 |
time received, and preserving the receipt of statements that are | 1229 |
transmitted by electronic means of transmission to the secretary | 1230 |
of state pursuant to this section or section 3517.106, 3517.1011, | 1231 |
3517.1012, or 3517.1013 of the Revised Code; | 1232 |
(b) The manner of preserving the contribution and | 1233 |
expenditure, contribution and disbursement, deposit and | 1234 |
disbursement, or gift and disbursement information in the | 1235 |
statements described in division (D)(6)(a) of this section. The | 1236 |
secretary of state shall preserve the contribution and | 1237 |
expenditure, contribution and disbursement, deposit and | 1238 |
disbursement, or gift and disbursement information in those | 1239 |
statements for at least ten years after the year in which they are | 1240 |
filed by electronic means of transmission. | 1241 |
(7) The secretary of state, pursuant to division (I) of | 1242 |
section 3517.106 of the Revised Code, shall make available online | 1243 |
to the public through the internet the contribution and | 1244 |
expenditure, contribution and disbursement, deposit and | 1245 |
disbursement, or gift and disbursement information in all | 1246 |
statements, all addenda, amendments, or other corrections to | 1247 |
statements, and all amended statements filed with the secretary of | 1248 |
state by electronic or other means of transmission under this | 1249 |
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or | 1250 |
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of | 1251 |
the Revised Code. The secretary of state may remove the | 1252 |
information from the internet after a reasonable period of time. | 1253 |
(E)(1) Any person, political party, campaign committee, | 1254 |
legislative campaign fund, | 1255 |
political contributing entity that makes a contribution in | 1256 |
connection with the nomination or election of any candidate or in | 1257 |
connection with any ballot issue or question at any election held | 1258 |
or to be held in this state shall provide its full name and | 1259 |
address to the recipient of the contribution at the time the | 1260 |
contribution is made. The political action committee also shall | 1261 |
provide the registration number assigned to the committee under | 1262 |
division (D)(1) of this section to the recipient of the | 1263 |
contribution at the time the contribution is made. | 1264 |
(2) Any individual who makes a contribution that exceeds one | 1265 |
hundred dollars to a political action committee, political | 1266 |
contributing entity, legislative campaign fund, or political party | 1267 |
or to a campaign committee of a statewide candidate or candidate | 1268 |
for the office of member of the general assembly shall provide the | 1269 |
name of the individual's current employer, if any, or, if the | 1270 |
individual is self-employed, the individual's occupation and the | 1271 |
name of the individual's business, if any, to the recipient of the | 1272 |
contribution at the time the contribution is made. Sections | 1273 |
3599.39 and 3599.40 of the Revised Code do not apply to division | 1274 |
(E)(2) of this section. | 1275 |
(3) If a campaign committee shows that it has exercised its | 1276 |
best efforts to obtain, maintain, and submit the information | 1277 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 1278 |
that committee is considered to have met the requirements of those | 1279 |
divisions. A campaign committee shall not be considered to have | 1280 |
exercised its best efforts unless, in connection with written | 1281 |
solicitations, it regularly includes a written request for the | 1282 |
information required under division (B)(4)(b)(ii) of this section | 1283 |
from the contributor or the information required under division | 1284 |
(B)(4)(b)(iii) of this section from whoever transmits the | 1285 |
contribution. | 1286 |
(4) Any check that a political action committee uses to make | 1287 |
a contribution or an expenditure shall contain the full name and | 1288 |
address of the committee and the registration number assigned to | 1289 |
the committee under division (D)(1) of this section. | 1290 |
(F) As used in this section: | 1291 |
(1)(a) Except as otherwise provided in division (F)(1) of | 1292 |
this section, "address" means all of the following if they exist: | 1293 |
apartment number, street, road, or highway name and number, rural | 1294 |
delivery route number, city or village, state, and zip code as | 1295 |
used in a person's post-office address, but not post-office box. | 1296 |
(b) Except as otherwise provided in division (F)(1) of this | 1297 |
section, if an address is required in this section, a post-office | 1298 |
box and office, room, or suite number may be included in addition | 1299 |
to, but not in lieu of, an apartment, street, road, or highway | 1300 |
name and number. | 1301 |
(c) If an address is required in this section, a campaign | 1302 |
committee, political action committee, legislative campaign fund, | 1303 |
1304 | |
business or residence address of its treasurer or deputy | 1305 |
treasurer. The post-office box number of the campaign committee, | 1306 |
political action committee, legislative campaign fund, | 1307 |
political party, or political contributing entity may be used in | 1308 |
addition to that address. | 1309 |
(d) For the sole purpose of a campaign committee's reporting | 1310 |
of contributions on a statement of contributions received under | 1311 |
division (B)(4) of this section, "address" has one of the | 1312 |
following meanings at the option of the campaign committee: | 1313 |
(i) The same meaning as in division (F)(1)(a) of this | 1314 |
section; | 1315 |
(ii) All of the following, if they exist: the contributor's | 1316 |
post-office box number and city or village, state, and zip code as | 1317 |
used in the contributor's post-office address. | 1318 |
(e) As used with regard to the reporting under this section | 1319 |
of any expenditure, "address" means all of the following if they | 1320 |
exist: apartment number, street, road, or highway name and number, | 1321 |
rural delivery route number, city or village, state, and zip code | 1322 |
as used in a person's post-office address, or post-office box. If | 1323 |
an address concerning any expenditure is required in this section, | 1324 |
a campaign committee, political action committee, legislative | 1325 |
campaign fund, | 1326 |
entity may use the business or residence address of its treasurer | 1327 |
or deputy treasurer or its post-office box number. | 1328 |
(2) "Statewide candidate" means the joint candidates for the | 1329 |
offices of governor and lieutenant governor or a candidate for the | 1330 |
office of secretary of state, auditor of state, treasurer of | 1331 |
state, attorney general, member of the state board of education, | 1332 |
chief justice of the supreme court, or justice of the supreme | 1333 |
court. | 1334 |
(G) An independent expenditure shall be reported whenever and | 1335 |
in the same manner that an expenditure is required to be reported | 1336 |
under this section and shall be reported pursuant to division | 1337 |
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. | 1338 |
(H)(1) Except as otherwise provided in division (H)(2) of | 1339 |
this section, if, during the combined pre-election and | 1340 |
postelection reporting periods for an election, a campaign | 1341 |
committee has received contributions of five hundred dollars or | 1342 |
less and has made expenditures in the total amount of five hundred | 1343 |
dollars or less, it may file a statement to that effect, under | 1344 |
penalty of election falsification, in lieu of the statement | 1345 |
required by division (A)(2) of this section. The statement shall | 1346 |
indicate the total amount of contributions received and the total | 1347 |
amount of expenditures made during those combined reporting | 1348 |
periods. | 1349 |
(2) In the case of a successful candidate at a primary | 1350 |
election, if either the total contributions received by or the | 1351 |
total expenditures made by the candidate's campaign committee | 1352 |
during the preprimary, postprimary, pregeneral, and postgeneral | 1353 |
election periods combined equal more than five hundred dollars, | 1354 |
the campaign committee may file the statement under division | 1355 |
(H)(1) of this section only for the primary election. The first | 1356 |
statement that the campaign committee files in regard to the | 1357 |
general election shall reflect all contributions received and all | 1358 |
expenditures made during the preprimary and postprimary election | 1359 |
periods. | 1360 |
(3) Divisions (H)(1) and (2) of this section do not apply if | 1361 |
a campaign committee receives contributions or makes expenditures | 1362 |
prior to the first day of January of the year of the election at | 1363 |
which the candidate seeks nomination or election to office or if | 1364 |
the campaign committee does not file a termination statement with | 1365 |
its postprimary election statement in the case of an unsuccessful | 1366 |
primary election candidate or with its postgeneral election | 1367 |
statement in the case of other candidates. | 1368 |
(I) In the case of a contribution made by a partner of a | 1369 |
partnership or an owner or a member of another unincorporated | 1370 |
business from any funds of the partnership or other unincorporated | 1371 |
business, all of the following apply: | 1372 |
(1) The recipient of the contribution shall report the | 1373 |
contribution by listing both the partnership or other | 1374 |
unincorporated business and the name of the partner, owner, or | 1375 |
member making the contribution. | 1376 |
(2) For purposes of section 3517.102 of the Revised Code, the | 1377 |
contribution shall be considered to have been made by the partner, | 1378 |
owner, or member reported under division (I)(1) of this section. | 1379 |
(3) No contribution from a partner of a partnership or an | 1380 |
owner or a member of another unincorporated business shall be | 1381 |
accepted from any funds of the partnership or other unincorporated | 1382 |
business unless the recipient reports the contribution under | 1383 |
division (I)(1) of this section. | 1384 |
(4) No partnership or other unincorporated business shall | 1385 |
make a contribution or contributions solely in the name of the | 1386 |
partnership or other unincorporated business. | 1387 |
(5) As used in division (I) of this section, "partnership or | 1388 |
other unincorporated business" includes, but is not limited to, a | 1389 |
cooperative, a sole proprietorship, a general partnership, a | 1390 |
limited partnership, a limited partnership association, a limited | 1391 |
liability partnership, and a limited liability company. | 1392 |
(J) A candidate shall have only one campaign committee at any | 1393 |
given time for all of the offices for which the person is a | 1394 |
candidate or holds office. | 1395 |
(K)(1) In addition to filing a designation of appointment of | 1396 |
a treasurer under division (D)(1) of this section, the campaign | 1397 |
committee of any candidate for an elected municipal office that | 1398 |
pays an annual amount of compensation of five thousand dollars or | 1399 |
less, the campaign committee of any candidate for member of a | 1400 |
board of education except member of the state board of education, | 1401 |
or the campaign committee of any candidate for township trustee or | 1402 |
township clerk may sign, under penalty of election falsification, | 1403 |
a certificate attesting that the committee will not accept | 1404 |
contributions during an election period that exceed in the | 1405 |
aggregate two thousand dollars from all contributors and one | 1406 |
hundred dollars from any one individual, and that the campaign | 1407 |
committee will not make expenditures during an election period | 1408 |
that exceed in the aggregate two thousand dollars. | 1409 |
The certificate shall be on a form prescribed by the | 1410 |
secretary of state and shall be filed not later than ten days | 1411 |
after the candidate files a declaration of candidacy and petition, | 1412 |
a nominating petition, or a declaration of intent to be a write-in | 1413 |
candidate. | 1414 |
(2) Except as otherwise provided in division (K)(3) of this | 1415 |
section, a campaign committee that files a certificate under | 1416 |
division (K)(1) of this section is not required to file the | 1417 |
statements required by division (A) of this section. | 1418 |
(3) If, after filing a certificate under division (K)(1) of | 1419 |
this section, a campaign committee exceeds any of the limitations | 1420 |
described in that division during an election period, the | 1421 |
certificate is void and thereafter the campaign committee shall | 1422 |
file the statements required by division (A) of this section. If | 1423 |
the campaign committee has not previously filed a statement, then | 1424 |
on the first statement the campaign committee is required to file | 1425 |
under division (A) of this section after the committee's | 1426 |
certificate is void, the committee shall report all contributions | 1427 |
received and expenditures made from the time the candidate filed | 1428 |
the candidate's declaration of candidacy and petition, nominating | 1429 |
petition, or declaration of intent to be a write-in candidate. | 1430 |
(4) As used in division (K) of this section, "election | 1431 |
period" means the period of time beginning on the day a person | 1432 |
files a declaration of candidacy and petition, nominating | 1433 |
petition, or declaration of intent to be a write-in candidate | 1434 |
through the day of the election at which the person seeks | 1435 |
nomination to office if the person is not elected to office, or, | 1436 |
if the candidate was nominated in a primary election, the day of | 1437 |
the election at which the candidate seeks office. | 1438 |
(L) A political contributing entity that receives | 1439 |
contributions from the dues, membership fees, or other assessments | 1440 |
of its members or from its officers, shareholders, and employees | 1441 |
may report the aggregate amount of contributions received from | 1442 |
those contributors and the number of individuals making those | 1443 |
contributions, for each filing period under divisions (A)(1), (2), | 1444 |
(3), and (4) of this section, rather than reporting information as | 1445 |
required under division (B)(4) of this section, including, when | 1446 |
applicable, the name of the current employer, if any, of a | 1447 |
contributor whose contribution exceeds one hundred dollars or, if | 1448 |
such a contributor is self-employed, the contributor's occupation | 1449 |
and the name of the contributor's business, if any. Division | 1450 |
(B)(4) of this section applies to a political contributing entity | 1451 |
with regard to contributions it receives from all other | 1452 |
contributors. | 1453 |
Sec. 3517.102. (A) Except as otherwise provided in section | 1454 |
3517.103 of the Revised Code, as used in this section and sections | 1455 |
3517.103 and 3517.104 of the Revised Code: | 1456 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 1457 |
the Revised Code but includes only candidates for the offices of | 1458 |
governor, lieutenant governor, secretary of state, auditor of | 1459 |
state, treasurer of state, attorney general, member of the state | 1460 |
board of education, member of the general assembly, chief justice | 1461 |
of the supreme court, and justice of the supreme court. | 1462 |
(2) "Statewide candidate" or "any one statewide candidate" | 1463 |
means the joint candidates for the offices of governor and | 1464 |
lieutenant governor or a candidate for the office of secretary of | 1465 |
state, auditor of state, treasurer of state, attorney general, | 1466 |
member of the state board of education, chief justice of the | 1467 |
supreme court, or justice of the supreme court. | 1468 |
(3) "Senate candidate" means a candidate for the office of | 1469 |
state senator. | 1470 |
(4) "House candidate" means a candidate for the office of | 1471 |
state representative. | 1472 |
(5)(a) "Primary election period" for a candidate begins on | 1473 |
the beginning date of the candidate's pre-filing period specified | 1474 |
in division (A)(9) of section 3517.109 of the Revised Code and | 1475 |
ends on the day of the primary election. | 1476 |
(b) In regard to any candidate, the "general election period" | 1477 |
begins on the day after the primary election immediately preceding | 1478 |
the general election at which the candidate seeks an office | 1479 |
specified in division (A)(1) of this section and ends on the | 1480 |
thirty-first day of December following that general election. | 1481 |
(6) "State candidate fund" means the state candidate fund | 1482 |
established by a state or county political party under division | 1483 |
(D)(3)(c) of section 3517.10 of the Revised Code. | 1484 |
(7) "Postgeneral election statement" means the statement | 1485 |
filed under division (A)(2) of section 3517.10 of the Revised Code | 1486 |
by the campaign committee of a candidate after the general | 1487 |
election in which the candidate ran for office or filed by | 1488 |
legislative campaign fund after the general election in an | 1489 |
even-numbered year. | 1490 |
(8) "Contribution" means any contribution that is required to | 1491 |
be reported in the statement of contributions under section | 1492 |
3517.10 of the Revised Code. | 1493 |
(9)(a) Except as otherwise provided in division (A)(9)(b) of | 1494 |
this section and in division (F) of section 3517.103 and division | 1495 |
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated | 1496 |
state campaign committee" means: | 1497 |
(i) In the case of contributions to or from a state political | 1498 |
party, a campaign committee of a statewide candidate, statewide | 1499 |
officeholder, senate candidate, house candidate, or member of the | 1500 |
general assembly. | 1501 |
(ii) In the case of contributions to or from a county | 1502 |
political party, a campaign committee of a senate candidate or | 1503 |
house candidate whose candidacy is to be submitted to some or all | 1504 |
of the electors in that county, or member of the general assembly | 1505 |
whose district contains all or part of that county. | 1506 |
(iii) In the case of contributions to or from a legislative | 1507 |
campaign fund, a campaign committee of any of the following: | 1508 |
(I) A senate or house candidate who, if elected, will be a | 1509 |
member of the same party that established the legislative campaign | 1510 |
fund and the same house with which the legislative campaign fund | 1511 |
is associated; | 1512 |
(II) A state senator or state representative who is a member | 1513 |
of the same party that established the legislative campaign fund | 1514 |
and the same house with which the legislative campaign fund is | 1515 |
associated. | 1516 |
(b) A campaign committee is no longer a "designated state | 1517 |
campaign committee" after the campaign committee's candidate | 1518 |
changes the designation of treasurer required to be filed under | 1519 |
division (D)(1) of section 3517.10 of the Revised Code to indicate | 1520 |
that the person intends to be a candidate for, or becomes a | 1521 |
candidate for nomination or election to, any office that, if | 1522 |
elected, would not qualify that candidate's campaign committee as | 1523 |
a "designated state campaign committee" under division (A)(9)(a) | 1524 |
of this section. | 1525 |
(B)(1)(a) No individual who is seven years of age or older | 1526 |
shall make a contribution or contributions aggregating more than: | 1527 |
(i) Ten thousand dollars to the campaign committee of any one | 1528 |
statewide candidate in a primary election period or in a general | 1529 |
election period; | 1530 |
(ii) Ten thousand dollars to the campaign committee of any | 1531 |
one senate candidate in a primary election period or in a general | 1532 |
election period; | 1533 |
(iii) Ten thousand dollars to the campaign committee of any | 1534 |
one house candidate in a primary election period or in a general | 1535 |
election period; | 1536 |
(iv) Ten thousand dollars to a county political party of the | 1537 |
county in which the individual's designated Ohio residence is | 1538 |
located for the party's state candidate fund in a calendar year; | 1539 |
(v) Fifteen thousand dollars to any one legislative campaign | 1540 |
fund in a calendar year; | 1541 |
(vi) Thirty thousand dollars to any one state political party | 1542 |
for the party's state candidate fund in a calendar year; | 1543 |
(vii) Ten thousand dollars to any one political action | 1544 |
committee in a calendar year; | 1545 |
(viii) Ten thousand dollars to any one political contributing | 1546 |
entity in a calendar year. | 1547 |
(b) No individual shall make a contribution or contributions | 1548 |
to the state candidate fund of a county political party of any | 1549 |
county other than the county in which the individual's designated | 1550 |
Ohio residence is located. | 1551 |
(c) No individual who is under seven years of age shall make | 1552 |
any contribution. | 1553 |
(2)(a) Subject to division (D)(1) of this section, no | 1554 |
political action committee shall make a contribution or | 1555 |
contributions aggregating more than: | 1556 |
(i) Ten thousand dollars to the campaign committee of any one | 1557 |
statewide candidate in a primary election period or in a general | 1558 |
election period; | 1559 |
(ii) Ten thousand dollars to the campaign committee of any | 1560 |
one senate candidate in a primary election period or in a general | 1561 |
election period; | 1562 |
(iii) Ten thousand dollars to the campaign committee of any | 1563 |
one house candidate in a primary election period or in a general | 1564 |
election period; | 1565 |
(iv) Fifteen thousand dollars to any one legislative campaign | 1566 |
fund in a calendar year; | 1567 |
(v) Thirty thousand dollars to any one state political party | 1568 |
for the party's state candidate fund in a calendar year; | 1569 |
(vi) Ten thousand dollars to another political action | 1570 |
committee or to a political contributing entity in a calendar | 1571 |
year. This division does not apply to a political action committee | 1572 |
that makes a contribution to a political action committee or a | 1573 |
political contributing entity affiliated with it. For purposes of | 1574 |
this division, a political action committee is affiliated with | 1575 |
another political action committee or with a political | 1576 |
contributing entity if they are both established, financed, | 1577 |
maintained, or controlled by, or if they are, the same | 1578 |
corporation, organization, labor organization, continuing | 1579 |
association, or other person, including any parent, subsidiary, | 1580 |
division, or department of that corporation, organization, labor | 1581 |
organization, continuing association, or other person. | 1582 |
(b) No political action committee shall make a contribution | 1583 |
or contributions to a county political party for the party's state | 1584 |
candidate fund. | 1585 |
(3) No campaign committee shall make a contribution or | 1586 |
contributions aggregating more than: | 1587 |
(a) Ten thousand dollars to the campaign committee of any one | 1588 |
statewide candidate in a primary election period or in a general | 1589 |
election period; | 1590 |
(b) Ten thousand dollars to the campaign committee of any one | 1591 |
senate candidate in a primary election period or in a general | 1592 |
election period; | 1593 |
(c) Ten thousand dollars to the campaign committee of any one | 1594 |
house candidate in a primary election period or in a general | 1595 |
election period; | 1596 |
(d) Ten thousand dollars to any one political action | 1597 |
committee in a calendar year; | 1598 |
(e) Ten thousand dollars to any one political contributing | 1599 |
entity in a calendar year. | 1600 |
(4)(a) Subject to division (D)(3) of this section, no | 1601 |
political party shall make a contribution or contributions | 1602 |
aggregating more than ten thousand dollars to any one political | 1603 |
action committee or to any one political contributing entity in a | 1604 |
calendar year. | 1605 |
(b) No county political party shall make a contribution or | 1606 |
contributions to another county political party. | 1607 |
(5)(a) Subject to division (B)(5)(b) of this section, no | 1608 |
campaign committee, other than a designated state campaign | 1609 |
committee, shall make a contribution or contributions aggregating | 1610 |
in a calendar year more than: | 1611 |
(i) Thirty thousand dollars to any one state political party | 1612 |
for the party's state candidate fund; | 1613 |
(ii) Fifteen thousand dollars to any one legislative campaign | 1614 |
fund; | 1615 |
(iii) Ten thousand dollars to any one county political party | 1616 |
for the party's state candidate fund. | 1617 |
(b) No campaign committee shall make a contribution or | 1618 |
contributions to a county political party for the party's state | 1619 |
candidate fund unless one of the following applies: | 1620 |
(i) The campaign committee's candidate will appear on a | 1621 |
ballot in that county. | 1622 |
(ii) The campaign committee's candidate is the holder of an | 1623 |
elected public office that represents all or part of the | 1624 |
population of that county at the time the contribution is made. | 1625 |
(6)(a) No state candidate fund of a county political party | 1626 |
shall make a contribution or contributions, except a contribution | 1627 |
or contributions to a designated state campaign committee, in a | 1628 |
primary election period or a general election period, aggregating | 1629 |
more than: | 1630 |
(i) Two hundred fifty thousand dollars to the campaign | 1631 |
committee of any one statewide candidate; | 1632 |
(ii) Ten thousand dollars to the campaign committee of any | 1633 |
one senate candidate; | 1634 |
(iii) Ten thousand dollars to the campaign committee of any | 1635 |
one house candidate. | 1636 |
(b)(i) No state candidate fund of a state or county political | 1637 |
party shall make a transfer or a contribution or transfers or | 1638 |
contributions of cash or cash equivalents to a designated state | 1639 |
campaign committee in a primary election period or in a general | 1640 |
election period aggregating more than: | 1641 |
(I) Five hundred thousand dollars to the campaign committee | 1642 |
of any one statewide candidate; | 1643 |
(II) One hundred thousand dollars to the campaign committee | 1644 |
of any one senate candidate; | 1645 |
(III) Fifty thousand dollars to the campaign committee of any | 1646 |
one house candidate. | 1647 |
(ii) No legislative campaign fund shall make a transfer or a | 1648 |
contribution or transfers or contributions of cash or cash | 1649 |
equivalents to a designated state campaign committee aggregating | 1650 |
more than: | 1651 |
(I) Fifty thousand dollars in a primary election period or | 1652 |
one hundred thousand dollars in a general election period to the | 1653 |
campaign committee of any one senate candidate; | 1654 |
(II) Twenty-five thousand dollars in a primary election | 1655 |
period or fifty thousand dollars in a general election period to | 1656 |
the campaign committee of any one house candidate. | 1657 |
(iii) As used in divisions (B)(6)(b) and (C)(6) of this | 1658 |
section, "transfer or contribution of cash or cash equivalents" | 1659 |
does not include any in-kind contributions. | 1660 |
(c) A county political party that has no state candidate fund | 1661 |
and that is located in a county having a population of less than | 1662 |
one hundred fifty thousand may make one or more contributions from | 1663 |
other accounts to any one statewide candidate or to any one | 1664 |
designated state campaign committee that do not exceed, in the | 1665 |
aggregate, two thousand five hundred dollars in any primary | 1666 |
election period or general election period. As used in this | 1667 |
division, "other accounts" does not include an account that | 1668 |
contains the public moneys received from the Ohio political party | 1669 |
fund under section 3517.17 of the Revised Code. | 1670 |
(d) No legislative campaign fund shall make a contribution, | 1671 |
other than to a designated state campaign committee or to the | 1672 |
state candidate fund of a political party. | 1673 |
(7)(a) Subject to division (D)(1) of this section, no | 1674 |
political contributing entity shall make a contribution or | 1675 |
contributions aggregating more than: | 1676 |
(i) Ten thousand dollars to the campaign committee of any one | 1677 |
statewide candidate in a primary election period or in a general | 1678 |
election period; | 1679 |
(ii) Ten thousand dollars to the campaign committee of any | 1680 |
one senate candidate in a primary election period or in a general | 1681 |
election period; | 1682 |
(iii) Ten thousand dollars to the campaign committee of any | 1683 |
one house candidate in a primary election period or in a general | 1684 |
election period; | 1685 |
(iv) Fifteen thousand dollars to any one legislative campaign | 1686 |
fund in a calendar year; | 1687 |
(v) Thirty thousand dollars to any one state political party | 1688 |
for the party's state candidate fund in a calendar year; | 1689 |
(vi) Ten thousand dollars to another political contributing | 1690 |
entity or to a political action committee in a calendar year. This | 1691 |
division does not apply to a political contributing entity that | 1692 |
makes a contribution to a political contributing entity or a | 1693 |
political action committee affiliated with it. For purposes of | 1694 |
this division, a political contributing entity is affiliated with | 1695 |
another political contributing entity or with a political action | 1696 |
committee if they are both established, financed, maintained, or | 1697 |
controlled by, or if they are, the same corporation, organization, | 1698 |
labor organization, continuing association, or other person, | 1699 |
including any parent, subsidiary, division, or department of that | 1700 |
corporation, organization, labor organization, continuing | 1701 |
association, or other person. | 1702 |
(b) No political contributing entity shall make a | 1703 |
contribution or contributions to a county political party for the | 1704 |
party's state candidate fund. | 1705 |
(C)(1)(a) Subject to division (D)(1) of this section, no | 1706 |
campaign committee of a statewide candidate shall do any of the | 1707 |
following: | 1708 |
(i) Knowingly accept a contribution or contributions from any | 1709 |
individual who is under seven years of age; | 1710 |
(ii) Accept a contribution or contributions aggregating more | 1711 |
than ten thousand dollars from any one individual who is seven | 1712 |
years of age or older, from any one political action committee, | 1713 |
from any one political contributing entity, or from any one other | 1714 |
campaign committee in a primary election period or in a general | 1715 |
election period; | 1716 |
(iii) Accept a contribution or contributions aggregating more | 1717 |
than two hundred fifty thousand dollars from any one or | 1718 |
combination of state candidate funds of county political parties | 1719 |
in a primary election period or in a general election period. | 1720 |
(b) No campaign committee of a statewide candidate shall | 1721 |
accept a contribution or contributions aggregating more than two | 1722 |
thousand five hundred dollars in a primary election period or in a | 1723 |
general election period from a county political party that has no | 1724 |
state candidate fund and that is located in a county having a | 1725 |
population of less than one hundred fifty thousand. | 1726 |
(2)(a) Subject to division (D)(1) of this section and except | 1727 |
for a designated state campaign committee, no campaign committee | 1728 |
of a senate candidate shall do either of the following: | 1729 |
(i) Knowingly accept a contribution or contributions from any | 1730 |
individual who is under seven years of age; | 1731 |
(ii) Accept a contribution or contributions aggregating more | 1732 |
than ten thousand dollars from any one individual who is seven | 1733 |
years of age or older, from any one political action committee, | 1734 |
from any one political contributing entity, from any one state | 1735 |
candidate fund of a county political party, or from any one other | 1736 |
campaign committee in a primary election period or in a general | 1737 |
election period. | 1738 |
(b) No campaign committee of a senate candidate shall accept | 1739 |
a contribution or contributions aggregating more than two thousand | 1740 |
five hundred dollars in a primary election period or in a general | 1741 |
election period from a county political party that has no state | 1742 |
candidate fund and that is located in a county having a population | 1743 |
of less than one hundred fifty thousand. | 1744 |
(3)(a) Subject to division (D)(1) of this section and except | 1745 |
for a designated state campaign committee, no campaign committee | 1746 |
of a house candidate shall do either of the following: | 1747 |
(i) Knowingly accept a contribution or contributions from any | 1748 |
individual who is under seven years of age; | 1749 |
(ii) Accept a contribution or contributions aggregating more | 1750 |
than ten thousand dollars from any one individual who is seven | 1751 |
years of age or older, from any one political action committee, | 1752 |
from any one political contributing entity, from any one state | 1753 |
candidate fund of a county political party, or from any one other | 1754 |
campaign committee in a primary election period or in a general | 1755 |
election period. | 1756 |
(b) No campaign committee of a house candidate shall accept a | 1757 |
contribution or contributions aggregating more than two thousand | 1758 |
five hundred dollars in a primary election period or in a general | 1759 |
election period from a county political party that has no state | 1760 |
candidate fund and that is located in a county having a population | 1761 |
of less than one hundred fifty thousand. | 1762 |
(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section | 1763 |
and except for a designated state campaign committee, no county | 1764 |
political party shall knowingly accept a contribution or | 1765 |
contributions from any individual who is under seven years of age, | 1766 |
or accept a contribution or contributions for the party's state | 1767 |
candidate fund aggregating more than ten thousand dollars from any | 1768 |
one individual whose designated Ohio residence is located within | 1769 |
that county and who is seven years of age or older or from any one | 1770 |
campaign committee in a calendar year. | 1771 |
(ii) Subject to division (D)(1) of this section, no county | 1772 |
political party shall accept a contribution or contributions for | 1773 |
the party's state candidate fund from any individual whose | 1774 |
designated Ohio residence is located outside of that county and | 1775 |
who is seven years of age or older, from any campaign committee | 1776 |
unless the campaign committee's candidate will appear on a ballot | 1777 |
in that county or unless the campaign committee's candidate is the | 1778 |
holder of an elected public office that represents all or part of | 1779 |
the population of that county at the time the contribution is | 1780 |
accepted, or from any political action committee or any political | 1781 |
contributing entity. | 1782 |
(iii) No county political party shall accept a contribution | 1783 |
or contributions from any other county political party. | 1784 |
(b) Subject to division (D)(1) of this section, no state | 1785 |
political party shall do either of the following: | 1786 |
(i) Knowingly accept a contribution or contributions from any | 1787 |
individual who is under seven years of age; | 1788 |
(ii) Accept a contribution or contributions for the party's | 1789 |
state candidate fund aggregating more than thirty thousand dollars | 1790 |
from any one individual who is seven years of age or older, from | 1791 |
any one political action committee, from any one political | 1792 |
contributing entity, or from any one campaign committee, other | 1793 |
than a designated state campaign committee, in a calendar year. | 1794 |
(5) Subject to division (D)(1) of this section, no | 1795 |
legislative campaign fund shall do either of the following: | 1796 |
(a) Knowingly accept a contribution or contributions from any | 1797 |
individual who is under seven years of age; | 1798 |
(b) Accept a contribution or contributions aggregating more | 1799 |
than fifteen thousand dollars from any one individual who is seven | 1800 |
years of age or older, from any one political action committee, | 1801 |
from any one political contributing entity, or from any one | 1802 |
campaign committee, other than a designated state campaign | 1803 |
committee, in a calendar year. | 1804 |
(6)(a) No designated state campaign committee shall accept a | 1805 |
transfer or contribution of cash or cash equivalents from a state | 1806 |
candidate fund of a state political party aggregating in a primary | 1807 |
election period or a general election period more than: | 1808 |
(i) Five hundred thousand dollars, in the case of a campaign | 1809 |
committee of a statewide candidate; | 1810 |
(ii) One hundred thousand dollars, in the case of a campaign | 1811 |
committee of a senate candidate; | 1812 |
(iii) Fifty thousand dollars, in the case of a campaign | 1813 |
committee of a house candidate. | 1814 |
(b) No designated state campaign committee shall accept a | 1815 |
transfer or contribution of cash or cash equivalents from a | 1816 |
legislative campaign fund aggregating more than: | 1817 |
(i) Fifty thousand dollars in a primary election period or | 1818 |
one hundred thousand dollars in a general election period, in the | 1819 |
case of a campaign committee of a senate candidate; | 1820 |
(ii) Twenty-five thousand dollars in a primary election | 1821 |
period or fifty thousand dollars in a general election period, in | 1822 |
the case of a campaign committee of a house candidate. | 1823 |
(c) No campaign committee of a candidate for the office of | 1824 |
member of the general assembly, including a designated state | 1825 |
campaign committee, shall accept a transfer or contribution of | 1826 |
cash or cash equivalents from any one or combination of state | 1827 |
candidate funds of county political parties aggregating in a | 1828 |
primary election period or a general election period more than: | 1829 |
(i) One hundred thousand dollars, in the case of a campaign | 1830 |
committee of a senate candidate; | 1831 |
(ii) Fifty thousand dollars, in the case of a campaign | 1832 |
committee of a house candidate. | 1833 |
(7)(a) Subject to division (D)(3) of this section, no | 1834 |
political action committee and no political contributing entity | 1835 |
shall do either of the following: | 1836 |
(i) Knowingly accept a contribution or contributions from any | 1837 |
individual who is under seven years of age; | 1838 |
(ii) Accept a contribution or contributions aggregating more | 1839 |
than ten thousand dollars from any one individual who is seven | 1840 |
years of age or older, from any one campaign committee, or from | 1841 |
any one political party in a calendar year. | 1842 |
(b) Subject to division (D)(1) of this section, no political | 1843 |
action committee shall accept a contribution or contributions | 1844 |
aggregating more than ten thousand dollars from another political | 1845 |
action committee or from a political contributing entity in a | 1846 |
calendar year. Subject to division (D)(1) of this section, no | 1847 |
political contributing entity shall accept a contribution or | 1848 |
contributions aggregating more than ten thousand dollars from | 1849 |
another political contributing entity or from a political action | 1850 |
committee in a calendar year. This division does not apply to a | 1851 |
political action committee or political contributing entity that | 1852 |
accepts a contribution from a political action committee or | 1853 |
political contributing entity affiliated with it. For purposes of | 1854 |
this division, a political action committee is affiliated with | 1855 |
another political action committee or with a political | 1856 |
contributing entity if they are both established, financed, | 1857 |
maintained, or controlled by the same corporation, organization, | 1858 |
labor organization, continuing association, or other person, | 1859 |
including any parent, subsidiary, division, or department of that | 1860 |
corporation, organization, labor organization, continuing | 1861 |
association, or other person. | 1862 |
(D)(1)(a) For purposes of the limitations prescribed in | 1863 |
division (B)(2) of this section and the limitations prescribed in | 1864 |
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, | 1865 |
whichever is applicable, all contributions made by and all | 1866 |
contributions accepted from political action committees that are | 1867 |
established, financed, maintained, or controlled by, or that are, | 1868 |
the same corporation, organization, labor organization, continuing | 1869 |
association, or other person, including any parent, subsidiary, | 1870 |
division, or department of that corporation, organization, labor | 1871 |
organization, continuing association, or other person, are | 1872 |
considered to have been made by or accepted from a single | 1873 |
political action committee. | 1874 |
(b) For purposes of the limitations prescribed in division | 1875 |
(B)(7) of this section and the limitations prescribed in divisions | 1876 |
(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever | 1877 |
is applicable, all contributions made by and all contributions | 1878 |
accepted from political contributing entities that are | 1879 |
established, financed, maintained, or controlled by, or that are, | 1880 |
the same corporation, organization, labor organization, continuing | 1881 |
association, or other person, including any parent, subsidiary, | 1882 |
division, or department of that corporation, organization, labor | 1883 |
organization, continuing association, or other person, are | 1884 |
considered to have been made by or accepted from a single | 1885 |
political contributing entity. | 1886 |
(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), | 1887 |
(B)(4)(a), and (C)(7) of this section, "political action | 1888 |
committee" does not include a political action committee that is | 1889 |
organized to support or oppose a ballot issue or question and that | 1890 |
makes no contributions to or expenditures on behalf of a political | 1891 |
party,
campaign committee, legislative
campaign fund, | 1892 |
action committee, or political contributing entity. As used in | 1893 |
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of | 1894 |
this section, "political contributing entity" does not include a | 1895 |
political contributing entity that is organized to support or | 1896 |
oppose a ballot issue or question and that makes no contributions | 1897 |
to or expenditures on behalf of a political party, campaign | 1898 |
committee, legislative campaign fund, political action committee, | 1899 |
or political contributing entity. | 1900 |
(3) For purposes of the limitations prescribed in divisions | 1901 |
(B)(4) and (C)(7)(a) of this section, all contributions made by | 1902 |
and all contributions accepted from a national political party, a | 1903 |
state political party, and a county political party are considered | 1904 |
to have been made by or accepted from a single political party and | 1905 |
shall be combined with each other to determine whether the | 1906 |
limitations have been exceeded. | 1907 |
(E)(1) If a legislative campaign fund has kept a total amount | 1908 |
of contributions exceeding one hundred fifty thousand dollars at | 1909 |
the close of business on the seventh day before the postgeneral | 1910 |
election statement is required to be filed under section 3517.10 | 1911 |
of the Revised Code, the legislative campaign fund shall comply | 1912 |
with division (E)(2) of this section. | 1913 |
(2)(a) Any legislative campaign fund that has kept a total | 1914 |
amount of contributions in excess of the amount specified in | 1915 |
division (E)(1) of this section at the close of business on the | 1916 |
seventh day before the postgeneral election statement is required | 1917 |
to be filed under section 3517.10 of the Revised Code shall | 1918 |
dispose of the excess amount in the manner prescribed in division | 1919 |
(E)(2)(b)(i), (ii), or (iii) of this section not later than ninety | 1920 |
days after the day the postgeneral election statement is required | 1921 |
to be filed under section 3517.10 of the Revised Code. Any | 1922 |
legislative campaign fund that is required to dispose of an excess | 1923 |
amount of contributions under this division shall file a statement | 1924 |
on the ninetieth day after the postgeneral election statement is | 1925 |
required to be filed under section 3517.10 of the Revised Code | 1926 |
indicating the total amount of contributions the fund has at the | 1927 |
close of business on the seventh day before the postgeneral | 1928 |
election statement is required to be filed under section 3517.10 | 1929 |
of the Revised Code and that the excess contributions were | 1930 |
disposed of pursuant to this division and division (E)(2)(b) of | 1931 |
this section. The statement shall be on a form prescribed by the | 1932 |
secretary of state and shall contain any additional information | 1933 |
the secretary of state considers necessary. | 1934 |
(b) Any legislative campaign fund that is required to dispose | 1935 |
of an excess amount of contributions under division (E)(2) of this | 1936 |
section shall dispose of that excess amount by doing any of the | 1937 |
following: | 1938 |
(i) Giving the amount to the treasurer of state for deposit | 1939 |
into the state treasury to the credit of the Ohio elections | 1940 |
commission fund created by division (I) of section 3517.152 of the | 1941 |
Revised Code; | 1942 |
(ii) Giving the amount to individuals who made contributions | 1943 |
to that legislative campaign fund as a refund of all or part of | 1944 |
their contributions; | 1945 |
(iii) Giving the amount to a corporation that is exempt from | 1946 |
federal income taxation under subsection 501(a) and described in | 1947 |
subsection 501(c) of the Internal Revenue Code. | 1948 |
(F)(1) No legislative campaign fund shall fail to file a | 1949 |
statement required by division (E) of this section. | 1950 |
(2) No legislative campaign fund shall fail to dispose of | 1951 |
excess contributions as required by division (E) of this section. | 1952 |
(G) Nothing in this section shall affect, be used in | 1953 |
determining, or supersede a limitation on campaign contributions | 1954 |
as provided for in the Federal Election Campaign Act. | 1955 |
Sec. 3517.105. (A)(1) As used in this section, "public | 1956 |
political advertising" means advertising to the general public | 1957 |
through a broadcasting station, newspaper, magazine, poster, yard | 1958 |
sign, or outdoor advertising facility, by direct mail, or by any | 1959 |
other means of advertising to the general public. | 1960 |
(2) For purposes of this section and section 3517.20 of the | 1961 |
Revised Code, a person is a member of a political action committee | 1962 |
if the person makes one or more contributions to that political | 1963 |
action committee, and a person is a member of a political | 1964 |
contributing entity if the person makes one or more contributions | 1965 |
to, or pays dues, membership fees, or other assessments to, that | 1966 |
political contributing entity. | 1967 |
(B)(1) Whenever a candidate, a campaign committee, a | 1968 |
political action committee or political contributing entity with | 1969 |
ten or more members, or a legislative campaign fund makes an | 1970 |
independent expenditure, or whenever a political action committee | 1971 |
or political contributing entity with fewer than ten members makes | 1972 |
an independent expenditure in excess of one hundred dollars for a | 1973 |
local candidate, in excess of two hundred fifty dollars for a | 1974 |
candidate for the office of member of the general assembly, or in | 1975 |
excess of five hundred dollars for a statewide candidate, for the | 1976 |
purpose of financing communications advocating the election or | 1977 |
defeat of an identified candidate or solicits without the | 1978 |
candidate's express consent a contribution for or against an | 1979 |
identified candidate through public political advertising, a | 1980 |
statement shall appear or be presented in a clear and conspicuous | 1981 |
manner in the advertising that does both of the following: | 1982 |
(a) Clearly indicates that the communication or public | 1983 |
political advertising is not authorized by the candidate or the | 1984 |
candidate's campaign committee; | 1985 |
(b) Clearly identifies the candidate, campaign committee, | 1986 |
political action committee, political contributing entity, or | 1987 |
legislative campaign fund that has paid for the communication or | 1988 |
public political advertising in accordance with section 3517.20 of | 1989 |
the Revised Code. | 1990 |
(2)(a) Whenever any campaign committee, legislative campaign | 1991 |
fund, political action committee, political contributing entity, | 1992 |
or political party makes an independent expenditure in support of | 1993 |
or opposition to any candidate, the committee, entity, fund, or | 1994 |
party shall report the independent expenditure and identify the | 1995 |
candidate on a statement prescribed by the secretary of state and | 1996 |
filed by the committee, entity, fund, or party as part of its | 1997 |
statement of contributions and expenditures pursuant to division | 1998 |
(A) of section 3517.10 and division (A) of section 3517.11 of the | 1999 |
Revised Code. | 2000 |
(b) Whenever any individual, partnership, or other entity, | 2001 |
except a corporation, labor organization, campaign committee, | 2002 |
legislative campaign fund, political action committee, political | 2003 |
contributing entity, or political party, makes one or more | 2004 |
independent expenditures in support of or opposition to any | 2005 |
candidate, the individual, partnership, or other entity shall file | 2006 |
with the secretary of state in the case of a statewide candidate, | 2007 |
or with the board of elections in the county in which the | 2008 |
candidate files the candidate's petitions for nomination or | 2009 |
election for district or local office, not later than the dates | 2010 |
specified in divisions (A)(1), (2), (3), and (4) of section | 2011 |
3517.10 of the Revised Code, and, except as otherwise provided in | 2012 |
that section, a statement itemizing all independent expenditures | 2013 |
made during the period since the close of business on the last day | 2014 |
reflected in the last previously filed such statement, if any. The | 2015 |
statement shall be made on a form prescribed by the secretary of | 2016 |
state or shall be filed by electronic means of transmission | 2017 |
pursuant to division (G) of section 3517.106 of the Revised Code | 2018 |
as authorized or required by that division. The statement shall | 2019 |
indicate the date and the amount of each independent expenditure | 2020 |
and the candidate on whose behalf it was made and shall be made | 2021 |
under penalty of election falsification. | 2022 |
(C)(1) Whenever a corporation, labor organization, campaign | 2023 |
committee, political action committee with ten or more members, or | 2024 |
legislative campaign fund makes an independent expenditure, or | 2025 |
whenever a political action committee with fewer than ten members | 2026 |
makes an independent expenditure in excess of one hundred dollars | 2027 |
for a local ballot issue or question, or in excess of five hundred | 2028 |
dollars for a statewide ballot issue or question, for the purpose | 2029 |
of financing communications advocating support of or opposition to | 2030 |
an identified ballot issue or question or solicits without the | 2031 |
express consent of the ballot issue committee a contribution for | 2032 |
or against an identified ballot issue or question through public | 2033 |
political advertising, a statement shall appear or be presented in | 2034 |
a clear and conspicuous manner in the advertising that does both | 2035 |
of the following: | 2036 |
(a) Clearly indicates that the communication or public | 2037 |
political advertising is not authorized by the identified ballot | 2038 |
issue committee; | 2039 |
(b) Clearly identifies the corporation, labor organization, | 2040 |
campaign committee, legislative campaign fund, or political action | 2041 |
committee that has paid for the communication or public political | 2042 |
advertising in accordance with section 3517.20 of the Revised | 2043 |
Code. | 2044 |
(2)(a) Whenever any corporation, labor organization, campaign | 2045 |
committee, legislative campaign fund, political party, or | 2046 |
political action committee makes an independent expenditure in | 2047 |
support of or opposition to any ballot issue or question, the | 2048 |
corporation or labor organization shall report the independent | 2049 |
expenditure in accordance with division (C) of section 3599.03 of | 2050 |
the Revised Code, and the campaign committee, legislative campaign | 2051 |
fund, political party, or political action committee shall report | 2052 |
the independent expenditure and identify the ballot issue or | 2053 |
question on a statement prescribed by the secretary of state and | 2054 |
filed by the | 2055 |
2056 | |
expenditures pursuant to division (A) of section 3517.10 and | 2057 |
division (A) of section 3517.11 of the Revised Code. | 2058 |
(b) Whenever any individual, partnership, or other entity, | 2059 |
except a corporation, labor organization, campaign committee, | 2060 |
legislative campaign fund, political action committee, or | 2061 |
political party, makes one or more independent expenditures in | 2062 |
excess of one hundred dollars in support of or opposition to any | 2063 |
ballot issue or question, the individual, partnership, or other | 2064 |
entity shall file with the secretary of state in the case of a | 2065 |
statewide ballot issue or question, or with the board of elections | 2066 |
in the county that certifies the issue or question for placement | 2067 |
on the ballot in the case of a district or local issue or | 2068 |
question, not later than the dates specified in divisions (A)(1), | 2069 |
(2), (3), and (4) of section 3517.10 of the Revised Code, and, | 2070 |
except as otherwise provided in that section, a statement | 2071 |
itemizing all independent expenditures made during the period | 2072 |
since the close of business on the last day reflected in the last | 2073 |
previously filed such statement, if any. The statement shall be | 2074 |
made on a form prescribed by the secretary of state or shall be | 2075 |
filed by electronic means of transmission pursuant to division (G) | 2076 |
of section 3517.106 of the Revised Code as authorized or required | 2077 |
by that division. The statement shall indicate the date and the | 2078 |
amount of each independent expenditure and the ballot issue or | 2079 |
question in support of or opposition to which it was made and | 2080 |
shall be made under penalty of election falsification. | 2081 |
(3) No person, campaign committee, legislative campaign fund, | 2082 |
political action committee, corporation, labor organization, or | 2083 |
other organization or association shall use or cause to be used a | 2084 |
false or fictitious name in making an independent expenditure in | 2085 |
support of or opposition to any candidate or any ballot issue or | 2086 |
question. A name is false or fictitious if the person, campaign | 2087 |
committee, legislative campaign fund, political action committee, | 2088 |
corporation, labor organization, or other organization or | 2089 |
association does not actually exist or operate, if the | 2090 |
corporation, labor organization, or other organization or | 2091 |
association has failed to file a fictitious name or other | 2092 |
registration with the secretary of state, if it is required to do | 2093 |
so, or if the person, campaign committee, legislative campaign | 2094 |
fund, or political action committee has failed to file a | 2095 |
designation of the appointment of a treasurer, if it is required | 2096 |
to do so by division (D)(1) of section 3517.10 of the Revised | 2097 |
Code. | 2098 |
(D) Any expenditure by a political party for the purpose of | 2099 |
financing communications advocating the election or defeat of a | 2100 |
candidate for judicial office shall be deemed to be an independent | 2101 |
expenditure subject to the provisions of this section. | 2102 |
Sec. 3517.106. (A) As used in this section: | 2103 |
(1) "Statewide office" means any of the offices of governor, | 2104 |
lieutenant governor, secretary of state, auditor of state, | 2105 |
treasurer of state, attorney general, chief justice of the supreme | 2106 |
court, and justice of the supreme court. | 2107 |
(2) "Addendum to a statement" includes an amendment or other | 2108 |
correction to that statement. | 2109 |
(B)(1) The secretary of state shall store on computer the | 2110 |
information contained in statements of contributions and | 2111 |
expenditures and monthly statements required to be filed under | 2112 |
section 3517.10 of the Revised Code and in statements of | 2113 |
independent expenditures required to be filed under section | 2114 |
3517.105 of the Revised Code by any of the following: | 2115 |
(a) The campaign committees of candidates for statewide | 2116 |
office; | 2117 |
(b) The political action committees and political | 2118 |
contributing entities described in division (A)(1) of section | 2119 |
3517.11 of the Revised Code; | 2120 |
(c) Legislative campaign funds; | 2121 |
(d) State political parties; | 2122 |
(e) Individuals, partnerships, corporations, labor | 2123 |
organizations, or other entities that make independent | 2124 |
expenditures in support of or opposition to a statewide candidate | 2125 |
or a statewide ballot issue or question; | 2126 |
(f) The campaign committees of candidates for the office of | 2127 |
member of the general assembly; | 2128 |
(g) County political parties, with respect to their state | 2129 |
candidate funds. | 2130 |
(2) The secretary of state shall store on computer the | 2131 |
information contained in disclosure of electioneering | 2132 |
communications statements required to be filed under section | 2133 |
3517.1011 of the Revised Code. | 2134 |
(3) The secretary of state shall store on computer the | 2135 |
information contained in deposit and disbursement statements | 2136 |
required to be filed with the office of the secretary of state | 2137 |
under section 3517.1012 of the Revised Code. | 2138 |
(4) The secretary of state shall store on computer the gift | 2139 |
and disbursement information contained in statements required to | 2140 |
be filed with the office of the secretary of state under section | 2141 |
3517.1013 of the Revised Code. | 2142 |
(C)(1) The secretary of state shall make available to the | 2143 |
campaign committees, political action committees, political | 2144 |
contributing entities, legislative campaign funds, political | 2145 |
parties, individuals, partnerships, corporations, labor | 2146 |
organizations, and other entities described in division (B) of | 2147 |
this section, and to members of the news media and other | 2148 |
interested persons, for a reasonable fee, computer programs that | 2149 |
are compatible with the secretary of state's method of storing the | 2150 |
information contained in the statements. | 2151 |
(2) The secretary of state shall make the information | 2152 |
required to be stored under division (B) of this section available | 2153 |
on computer at the secretary of state's office so that, to the | 2154 |
maximum extent feasible, individuals may obtain at the secretary | 2155 |
of state's office any part or all of that information for any | 2156 |
given year, subject to the limitation expressed in division (D) of | 2157 |
this section. | 2158 |
(D) The secretary of state shall keep the information stored | 2159 |
on computer under division (B) of this section for at least six | 2160 |
years. | 2161 |
(E)(1) Subject to division (L) of this section and subject to | 2162 |
the secretary of state having implemented, tested, and verified | 2163 |
the successful operation of any system the secretary of state | 2164 |
prescribes pursuant to division (H)(1) of this section and | 2165 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 2166 |
Code for the filing of campaign finance statements by electronic | 2167 |
means of transmission, the campaign committee of each candidate | 2168 |
for statewide office may file the statements prescribed by section | 2169 |
3517.10 of the Revised Code by electronic means of transmission | 2170 |
or, if the total amount of the contributions received or the total | 2171 |
amount of the expenditures made by the campaign committee for the | 2172 |
applicable reporting period as specified in division (A) of | 2173 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 2174 |
shall file those statements by electronic means of transmission. | 2175 |
Except as otherwise provided in this division, within five | 2176 |
business days after a statement filed by a campaign committee of a | 2177 |
candidate for statewide office is received by the secretary of | 2178 |
state by electronic or other means of transmission, the secretary | 2179 |
of state shall make available online to the public through the | 2180 |
internet, as provided in division (I) of this section, the | 2181 |
contribution and expenditure information in that statement. The | 2182 |
secretary of state shall not make available online to the public | 2183 |
through the internet any contribution or expenditure information | 2184 |
contained in a statement for any candidate until the secretary of | 2185 |
state is able to make available online to the public through the | 2186 |
internet the contribution and expenditure information for all | 2187 |
candidates for a particular office, or until the applicable filing | 2188 |
deadline for that statement has passed, whichever is sooner. As | 2189 |
soon as the secretary of state has available all of the | 2190 |
contribution and expenditure information for all candidates for a | 2191 |
particular office, or as soon as the applicable filing deadline | 2192 |
for a statement has passed, whichever is sooner, the secretary of | 2193 |
state shall simultaneously make available online to the public | 2194 |
through the internet the information for all candidates for that | 2195 |
office. | 2196 |
If a statement filed by electronic means of transmission is | 2197 |
found to be incomplete or inaccurate after the examination of the | 2198 |
statement for completeness and accuracy pursuant to division | 2199 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 2200 |
committee shall file by electronic means of transmission any | 2201 |
addendum to the statement that provides the information necessary | 2202 |
to complete or correct the statement or, if required by the | 2203 |
secretary of state under that division, an amended statement. | 2204 |
Within five business days after the secretary of state | 2205 |
receives from a campaign committee of a candidate for statewide | 2206 |
office an addendum to the statement or an amended statement by | 2207 |
electronic or other means of transmission under this division or | 2208 |
division (B)(3)(a) of section 3517.11 of the Revised Code, the | 2209 |
secretary of state shall make the contribution and expenditure | 2210 |
information in the addendum or amended statement available online | 2211 |
to the public through the internet as provided in division (I) of | 2212 |
this section. | 2213 |
(2) Subject to the secretary of state having implemented, | 2214 |
tested, and verified the successful operation of any system the | 2215 |
secretary of state prescribes pursuant to division (H)(1) of this | 2216 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 2217 |
the Revised Code for the filing of campaign finance statements by | 2218 |
electronic means of transmission, a political action committee and | 2219 |
a political contributing entity described in division (B)(1)(b) of | 2220 |
this section, a legislative campaign fund, and a state political | 2221 |
party may file the statements prescribed by section 3517.10 of the | 2222 |
Revised Code by electronic means of transmission or, if the total | 2223 |
amount of the contributions received or the total amount of the | 2224 |
expenditures made by the political action committee, political | 2225 |
contributing entity, legislative campaign fund, or state political | 2226 |
party for the applicable reporting period as specified in division | 2227 |
(A) of section 3517.10 of the Revised Code exceeds ten thousand | 2228 |
dollars, shall file those statements by electronic means of | 2229 |
transmission. | 2230 |
Within five business days after a statement filed by a | 2231 |
political action committee or a political contributing entity | 2232 |
described in division (B)(1)(b) of this section, a legislative | 2233 |
campaign fund, or a state political party is received by the | 2234 |
secretary of state by electronic or other means of transmission, | 2235 |
the secretary of state shall make available online to the public | 2236 |
through the internet, as provided in division (I) of this section, | 2237 |
the contribution and expenditure information in that statement. | 2238 |
If a statement filed by electronic means of transmission is | 2239 |
found to be incomplete or inaccurate after the examination of the | 2240 |
statement for completeness and accuracy pursuant to division | 2241 |
(B)(3)(a) of section 3517.11 of the Revised Code, the political | 2242 |
action committee, political contributing entity, legislative | 2243 |
campaign fund, or state political party shall file by electronic | 2244 |
means of transmission any addendum to the statement that provides | 2245 |
the information necessary to complete or correct the statement or, | 2246 |
if required by the secretary of state under that division, an | 2247 |
amended statement. | 2248 |
Within five business days after the secretary of state | 2249 |
receives from a political action committee or a political | 2250 |
contributing entity described in division (B)(1)(b) of this | 2251 |
section, a legislative campaign fund, or a state political party | 2252 |
an addendum to the statement or an amended statement by electronic | 2253 |
or other means of transmission under this division or division | 2254 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 2255 |
state shall make the contribution and expenditure information in | 2256 |
the addendum or amended statement available online to the public | 2257 |
through the internet as provided in division (I) of this section. | 2258 |
(3) Subject to the secretary of state having implemented, | 2259 |
tested, and verified the successful operation of any system the | 2260 |
secretary of state prescribes pursuant to division (H)(1) of this | 2261 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 2262 |
the Revised Code for the filing of campaign finance statements by | 2263 |
electronic means of transmission, a county political party shall | 2264 |
file the statements prescribed by section 3517.10 of the Revised | 2265 |
Code with respect to its state candidate fund by electronic means | 2266 |
of transmission to the office of the secretary of state. | 2267 |
Within five business days after a statement filed by a county | 2268 |
political party with respect to its state candidate fund is | 2269 |
received by the secretary of state by electronic means of | 2270 |
transmission, the secretary of state shall make available online | 2271 |
to the public through the internet, as provided in division (I) of | 2272 |
this section, the contribution and expenditure information in that | 2273 |
statement. | 2274 |
If a statement is found to be incomplete or inaccurate after | 2275 |
the examination of the statement for completeness and accuracy | 2276 |
pursuant to division (B)(3)(a) of section 3517.11 of the Revised | 2277 |
Code, a county political party shall file by electronic means of | 2278 |
transmission any addendum to the statement that provides the | 2279 |
information necessary to complete or correct the statement or, if | 2280 |
required by the secretary of state under that division, an amended | 2281 |
statement. | 2282 |
Within five business days after the secretary of state | 2283 |
receives from a county political party an addendum to the | 2284 |
statement or an amended statement by electronic means of | 2285 |
transmission under this division or division (B)(3)(a) of section | 2286 |
3517.11 of the Revised Code, the secretary of state shall make the | 2287 |
contribution and expenditure information in the addendum or | 2288 |
amended statement available online to the public through the | 2289 |
internet as provided in division (I) of this section. | 2290 |
(F)(1) Subject to division (L) of this section and subject to | 2291 |
the secretary of state having implemented, tested, and verified | 2292 |
the successful operation of any system the secretary of state | 2293 |
prescribes pursuant to division (H)(1) of this section and | 2294 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 2295 |
Code for the filing of campaign finance statements by electronic | 2296 |
means of transmission, a campaign committee of a candidate for the | 2297 |
office of member of the general assembly or a campaign committee | 2298 |
of a candidate for the office of judge of a court of appeals may | 2299 |
file the statements prescribed by section 3517.10 of the Revised | 2300 |
Code in accordance with division (A)(2) of section 3517.11 of the | 2301 |
Revised Code or by electronic means of transmission to the office | 2302 |
of the secretary of state or, if the total amount of the | 2303 |
contributions received by the campaign committee for the | 2304 |
applicable reporting period as specified in division (A) of | 2305 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 2306 |
shall file those statements by electronic means of transmission to | 2307 |
the office of the secretary of state. | 2308 |
Except as otherwise provided in this division, within five | 2309 |
business days after a statement filed by a campaign committee of a | 2310 |
candidate for the office of member of the general assembly or a | 2311 |
campaign committee of a candidate for the office of judge of a | 2312 |
court of appeals is received by the secretary of state by | 2313 |
electronic or other means of transmission, the secretary of state | 2314 |
shall make available online to the public through the internet, as | 2315 |
provided in division (I) of this section, the contribution and | 2316 |
expenditure information in that statement. The secretary of state | 2317 |
shall not make available online to the public through the internet | 2318 |
any contribution or expenditure information contained in a | 2319 |
statement for any candidate until the secretary of state is able | 2320 |
to make available online to the public through the internet the | 2321 |
contribution and expenditure information for all candidates for a | 2322 |
particular office, or until the applicable filing deadline for | 2323 |
that statement has passed, whichever is sooner. As soon as the | 2324 |
secretary of state has available all of the contribution and | 2325 |
expenditure information for all candidates for a particular | 2326 |
office, or as soon as the applicable filing deadline for a | 2327 |
statement has passed, whichever is sooner, the secretary of state | 2328 |
shall simultaneously make available online to the public through | 2329 |
the internet the information for all candidates for that office. | 2330 |
If a statement filed by electronic means of transmission is | 2331 |
found to be incomplete or inaccurate after the examination of the | 2332 |
statement for completeness and accuracy pursuant to division | 2333 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 2334 |
committee shall file by electronic means of transmission to the | 2335 |
office of the secretary of state any addendum to the statement | 2336 |
that provides the information necessary to complete or correct the | 2337 |
statement or, if required by the secretary of state under that | 2338 |
division, an amended statement. | 2339 |
Within five business days after the secretary of state | 2340 |
receives from a campaign committee of a candidate for the office | 2341 |
of member of the general assembly or a campaign committee of a | 2342 |
candidate for the office of judge of a court of appeals an | 2343 |
addendum to the statement or an amended statement by electronic or | 2344 |
other means of transmission under this division or division | 2345 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 2346 |
state shall make the contribution and expenditure information in | 2347 |
the addendum or amended statement available online to the public | 2348 |
through the internet as provided in division (I) of this section. | 2349 |
(2) If a statement, addendum, or amended statement is not | 2350 |
filed by electronic means of transmission to the office of the | 2351 |
secretary of state but is filed by printed version only under | 2352 |
division (A)(2) of section 3517.11 of the Revised Code with the | 2353 |
appropriate board of elections, the campaign committee of a | 2354 |
candidate for the office of member of the general assembly or a | 2355 |
campaign committee of a candidate for the office of judge of a | 2356 |
court of appeals shall file two copies of the printed version of | 2357 |
the statement, addendum, or amended statement with the board of | 2358 |
elections. The board of elections shall send one of those copies | 2359 |
by overnight delivery service to the secretary of state before the | 2360 |
close of business on the day the board of elections receives the | 2361 |
statement, addendum, or amended statement. | 2362 |
(G) Subject to the secretary of state having implemented, | 2363 |
tested, and verified the successful operation of any system the | 2364 |
secretary of state prescribes pursuant to division (H)(1) of this | 2365 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 2366 |
the Revised Code for the filing of campaign finance statements by | 2367 |
electronic means of transmission, any individual, partnership, or | 2368 |
other entity that makes independent expenditures in support of or | 2369 |
opposition to a statewide candidate or a statewide ballot issue or | 2370 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section | 2371 |
3517.105 of the Revised Code may file the statement specified in | 2372 |
that division by electronic means of transmission or, if the total | 2373 |
amount of independent expenditures made during the reporting | 2374 |
period under that division exceeds ten thousand dollars, shall | 2375 |
file the statement specified in that division by electronic means | 2376 |
of transmission. | 2377 |
Within five business days after a statement filed by an | 2378 |
individual, partnership, or other entity is received by the | 2379 |
secretary of state by electronic or other means of transmission, | 2380 |
the secretary of state shall make available online to the public | 2381 |
through the internet, as provided in division (I) of this section, | 2382 |
the expenditure information in that statement. | 2383 |
If a statement filed by electronic means of transmission is | 2384 |
found to be incomplete or inaccurate after the examination of the | 2385 |
statement for completeness and accuracy pursuant to division | 2386 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, | 2387 |
partnership, or other entity shall file by electronic means of | 2388 |
transmission any addendum to the statement that provides the | 2389 |
information necessary to complete or correct the statement or, if | 2390 |
required by the secretary of state under that division, an amended | 2391 |
statement. | 2392 |
Within five business days after the secretary of state | 2393 |
receives from an individual, partnership, or other entity | 2394 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 | 2395 |
of the Revised Code an addendum to the statement or an amended | 2396 |
statement by electronic or other means of transmission under this | 2397 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 2398 |
Code, the secretary of state shall make the expenditure | 2399 |
information in the addendum or amended statement available online | 2400 |
to the public through the internet as provided in division (I) of | 2401 |
this section. | 2402 |
(H)(1) The secretary of state, by rule adopted pursuant to | 2403 |
section 3517.23 of the Revised Code, shall prescribe one or more | 2404 |
techniques by which a person who executes and transmits by | 2405 |
electronic means a statement of contributions and expenditures, a | 2406 |
statement of independent expenditures, a disclosure of | 2407 |
electioneering communications statement, a deposit and | 2408 |
disbursement statement, or a gift and disbursement statement, an | 2409 |
addendum to any of those statements, an amended statement of | 2410 |
contributions and expenditures, an amended statement of | 2411 |
independent expenditures, an amended disclosure of electioneering | 2412 |
communications statement, an amended deposit and disbursement | 2413 |
statement, or an amended gift and disbursement statement, under | 2414 |
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, | 2415 |
or 3517.1013 of the Revised Code shall electronically sign the | 2416 |
statement, addendum, or amended statement. Any technique | 2417 |
prescribed by the secretary of state pursuant to this division | 2418 |
shall create an electronic signature that satisfies all of the | 2419 |
following: | 2420 |
(a) It is unique to the signer. | 2421 |
(b) It objectively identifies the signer. | 2422 |
(c) It involves the use of a signature device or other means | 2423 |
or method that is under the sole control of the signer and that | 2424 |
cannot be readily duplicated or compromised. | 2425 |
(d) It is created and linked to the electronic record to | 2426 |
which it relates in a manner that, if the record or signature is | 2427 |
intentionally or unintentionally changed after signing, the | 2428 |
electronic signature is invalidated. | 2429 |
(2) An electronic signature prescribed by the secretary of | 2430 |
state under division (H)(1) of this section shall be attached to | 2431 |
or associated with the statement of contributions and | 2432 |
expenditures, the statement of independent expenditures, the | 2433 |
disclosure of electioneering communications statement, the deposit | 2434 |
and disbursement statement, or the gift and disbursement | 2435 |
statement, the addendum to any of those statements, the amended | 2436 |
statement of contributions and expenditures, the amended statement | 2437 |
of independent expenditures, the amended disclosure of | 2438 |
electioneering communications statement, the amended deposit and | 2439 |
disbursement statement, or the amended gift and disbursement | 2440 |
statement that is executed and transmitted by electronic means by | 2441 |
the person to whom the electronic signature is attributed. The | 2442 |
electronic signature that is attached to or associated with the | 2443 |
statement, addendum, or amended statement under this division | 2444 |
shall be binding on all persons and for all purposes under the | 2445 |
campaign finance reporting law as if the signature had been | 2446 |
handwritten in ink on a printed form. | 2447 |
(I) The secretary of state shall make the contribution and | 2448 |
expenditure, the contribution and disbursement, the deposit and | 2449 |
disbursement, or the gift and disbursement information in all | 2450 |
statements, all addenda to the statements, and all amended | 2451 |
statements that are filed with the secretary of state by | 2452 |
electronic or other means of transmission under this section or | 2453 |
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or | 2454 |
3517.11 of the Revised Code available online to the public by any | 2455 |
means that are searchable, viewable, and accessible through the | 2456 |
internet. | 2457 |
(J)(1) As used in this division, "library" means a library | 2458 |
that is open to the public and that is one of the following: | 2459 |
(a) A library that is maintained and regulated under section | 2460 |
715.13 of the Revised Code; | 2461 |
(b) A library that is created, maintained, and regulated | 2462 |
under Chapter 3375. of the Revised Code. | 2463 |
(2) The secretary of state shall notify all libraries of the | 2464 |
location on the internet at which the contribution and | 2465 |
expenditure, contribution and disbursement, deposit and | 2466 |
disbursement, or gift and disbursement information in campaign | 2467 |
finance statements required to be made available online to the | 2468 |
public through the internet pursuant to division (I) of this | 2469 |
section may be accessed. | 2470 |
If that location is part of the world wide web and if the | 2471 |
secretary of state has notified a library of that world wide web | 2472 |
location as required by this division, the library shall include a | 2473 |
link to that world wide web location on each internet-connected | 2474 |
computer it maintains that is accessible to the public. | 2475 |
(3) If the system the secretary of state prescribes for the | 2476 |
filing of campaign finance statements by electronic means of | 2477 |
transmission pursuant to division (H)(1) of this section and | 2478 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 2479 |
Code includes filing those statements through the internet via the | 2480 |
world wide web, the secretary of state shall notify all libraries | 2481 |
of the world wide web location at which those statements may be | 2482 |
filed. | 2483 |
If those statements may be filed through the internet via the | 2484 |
world wide web and if the secretary of state has notified a | 2485 |
library of that world wide web location as required by this | 2486 |
division, the library shall include a link to that world wide web | 2487 |
location on each internet-connected computer it maintains that is | 2488 |
accessible to the public. | 2489 |
(K) It is an affirmative defense to a complaint or charge | 2490 |
brought against any campaign committee, political action | 2491 |
committee, political contributing entity, legislative campaign | 2492 |
fund, or political party, any individual, partnership, or other | 2493 |
entity, or any person making disbursements to pay the direct costs | 2494 |
of producing or airing electioneering communications, for the | 2495 |
failure to file by electronic means of transmission a campaign | 2496 |
finance statement as required by this section or section 3517.10, | 2497 |
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code | 2498 |
that all of the following apply to the campaign committee, | 2499 |
political action committee, political contributing entity, | 2500 |
legislative campaign fund, or political party, the individual, | 2501 |
partnership, or other entity, or the person making disbursements | 2502 |
to pay the direct costs of producing or airing electioneering | 2503 |
communications, that failed to so file: | 2504 |
(1) The campaign committee, political action committee, | 2505 |
political contributing entity, legislative campaign fund, or | 2506 |
political party, the individual, partnership, or other entity, or | 2507 |
the person making disbursements to pay the direct costs of | 2508 |
producing or airing electioneering communications attempted to | 2509 |
file by electronic means of transmission the required statement | 2510 |
prior to the deadline set forth in the applicable section. | 2511 |
(2) The campaign committee, political action committee, | 2512 |
political contributing entity, legislative campaign fund, or | 2513 |
political party, the individual, partnership, or other entity, or | 2514 |
the person making disbursements to pay the direct costs of | 2515 |
producing or airing electioneering communications was unable to | 2516 |
file by electronic means of transmission due to an expected or | 2517 |
unexpected shutdown of the whole or part of the electronic | 2518 |
campaign finance statement-filing system, such as for maintenance | 2519 |
or because of hardware, software, or network connection failure. | 2520 |
(3) The campaign committee, political action committee, | 2521 |
political contributing entity, legislative campaign fund, or | 2522 |
political party, the individual, partnership, or other entity, or | 2523 |
the person making disbursements to pay the direct costs of | 2524 |
producing or airing electioneering communications filed by | 2525 |
electronic means of transmission the required statement within a | 2526 |
reasonable period of time after being unable to so file it under | 2527 |
the circumstance described in division (K)(2) of this section. | 2528 |
(L)(1) The secretary of state shall adopt rules pursuant to | 2529 |
Chapter 119. of the Revised Code to permit a campaign committee of | 2530 |
a candidate for statewide office that makes expenditures of less | 2531 |
than twenty-five thousand dollars during the filing period or a | 2532 |
campaign committee for the office of member of the general | 2533 |
assembly or the office of judge of a court of appeals that would | 2534 |
otherwise be required to file campaign finance statements by | 2535 |
electronic means of transmission under division (E) or (F) of this | 2536 |
section to file those statements by paper with the office of the | 2537 |
secretary of state. Those rules shall provide for all of the | 2538 |
following: | 2539 |
(a) An eligible campaign committee that wishes to file a | 2540 |
campaign finance statement by paper instead of by electronic means | 2541 |
of transmission shall file the statement on paper with the office | 2542 |
of the secretary of state not sooner than twenty-four hours after | 2543 |
the end of the filing period set forth in section 3517.10 of the | 2544 |
Revised Code that is covered by the applicable statement. | 2545 |
(b) The statement shall be accompanied by a fee, the amount | 2546 |
of which the secretary of state shall determine by rule. The | 2547 |
amount of the fee established under this division shall not exceed | 2548 |
the data entry and data verification costs the secretary of state | 2549 |
will incur to convert the information on the statement to an | 2550 |
electronic format as required under division (I) of this section. | 2551 |
(c) The secretary of state shall arrange for the information | 2552 |
in campaign finance statements filed pursuant to division (L) of | 2553 |
this section to be made available online to the public through the | 2554 |
internet in the same manner, and at the same times, as information | 2555 |
is made available under divisions (E), (F), and (I) of this | 2556 |
section for candidates whose campaign committees file those | 2557 |
statements by electronic means of transmission. | 2558 |
(d) The candidate of an eligible campaign committee that | 2559 |
intends to file a campaign finance statement pursuant to division | 2560 |
(L) of this section shall file an affidavit indicating that the | 2561 |
candidate's campaign committee intends to so file and stating that | 2562 |
filing the statement by electronic means of transmission would | 2563 |
constitute a hardship for the candidate or for the eligible | 2564 |
campaign committee. | 2565 |
(e) An eligible campaign committee that files a campaign | 2566 |
finance statement on paper pursuant to division (L) of this | 2567 |
section shall review the contribution and information made | 2568 |
available online by the secretary of state with respect to that | 2569 |
paper filing and shall notify the secretary of state of any errors | 2570 |
with respect to that filing that appear in the data made available | 2571 |
on that web site. | 2572 |
(f) If an eligible campaign committee whose candidate has | 2573 |
filed an affidavit in accordance with rules adopted under division | 2574 |
(L)(1)(d) of this section subsequently fails to file that | 2575 |
statement on paper by the applicable deadline established in rules | 2576 |
adopted under division (L)(1)(a) of this section, penalties for | 2577 |
the late filing of the campaign finance statement shall apply to | 2578 |
that campaign committee for each day after that paper filing | 2579 |
deadline, as if the campaign committee had filed the statement | 2580 |
after the applicable deadline set forth in division (A) of section | 2581 |
3517.10 of the Revised Code. | 2582 |
(2) The process for permitting campaign committees that would | 2583 |
otherwise be required to file campaign finance statements by | 2584 |
electronic means of transmission to file those statements on paper | 2585 |
with the office of the secretary of state that is required to be | 2586 |
developed under division (L)(1) of this section shall be in effect | 2587 |
and available for use by eligible campaign committees for all | 2588 |
campaign finance statements that are required to be filed on or | 2589 |
after June 30, 2005. Notwithstanding any provision of the Revised | 2590 |
Code to the contrary, if the process the secretary of state is | 2591 |
required to develop under division (L)(1) of this section is not | 2592 |
in effect and available for use on and after June 30, 2005, all | 2593 |
penalties for the failure of campaign committees to file campaign | 2594 |
finance statements by electronic means of transmission shall be | 2595 |
suspended until such time as that process is in effect and | 2596 |
available for use. | 2597 |
(3) Notwithstanding any provision of the Revised Code to the | 2598 |
contrary, any eligible campaign committee that files campaign | 2599 |
finance statements on paper with the office of the secretary of | 2600 |
state pursuant to division (L)(1) of this section shall be deemed | 2601 |
to have filed those campaign finance statements by electronic | 2602 |
means of transmission to the office of the secretary of state. | 2603 |
Sec. 3517.108. (A) As used in divisions (A) and (B) of this | 2604 |
section: | 2605 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 2606 |
the Revised Code but includes only candidates for the offices of | 2607 |
governor, lieutenant governor, secretary of state, auditor of | 2608 |
state, treasurer of state, attorney general, member of the state | 2609 |
board of education, member of the general assembly, chief justice | 2610 |
of the supreme court, and justice of the supreme court. | 2611 |
(2) A "general election period" begins on the day after the | 2612 |
primary election immediately preceding the general election at | 2613 |
which a candidate seeks an office specified in division (A)(1) of | 2614 |
this section and ends on the thirty-first day of December | 2615 |
following that general election. | 2616 |
(3) A "primary election period" begins on the first day of | 2617 |
January of the year following the year in which the general | 2618 |
election was held for the office that the candidate seeks, | 2619 |
including any mid-term election, and ends on the day of the | 2620 |
primary election. | 2621 |
(B) Whenever the campaign committee of a candidate has unpaid | 2622 |
debt at the end of a primary election period or at the end of a | 2623 |
general election period, the committee may accept additional | 2624 |
contributions during the immediately following election period up | 2625 |
to the applicable limitation prescribed under section 3517.102 of | 2626 |
the Revised Code from any individual, political action committee, | 2627 |
political contributing entity, or other campaign committee who, | 2628 |
during the primary or general election period for which debt | 2629 |
remains unpaid, has contributed less than the contribution | 2630 |
limitations prescribed under section 3517.102 of the Revised Code | 2631 |
applicable to that individual, political action committee, | 2632 |
political contributing entity, or other campaign committee. Any | 2633 |
additional contribution that a campaign committee accepts under | 2634 |
this division shall count toward the applicable limitations | 2635 |
prescribed under section 3517.102 of the Revised Code for that | 2636 |
primary or general election period at the end of which the debt | 2637 |
remains unpaid, and shall not count toward the applicable | 2638 |
limitations for any other primary or general election period if | 2639 |
all of the following conditions apply: | 2640 |
(1) The campaign committee reports, on the statement required | 2641 |
to be filed under division (A)(2) of section 3517.10 of the | 2642 |
Revised Code, all debt remaining unpaid at the end of the election | 2643 |
period. The committee shall also file a separate statement, on a | 2644 |
form prescribed by the secretary of state, at the same time that | 2645 |
the committee is required to file a statement of contributions and | 2646 |
expenditures under section 3517.10 of the Revised Code. The | 2647 |
separate statement shall include the name and address of each | 2648 |
contributor who makes an additional contribution under division | 2649 |
(B) of this section, how the contribution was applied to pay the | 2650 |
unpaid debt as required by division (B)(3) of this section, and | 2651 |
the balance of the unpaid debt after each contribution was applied | 2652 |
to it. | 2653 |
(2) The additional contributions are accepted only during the | 2654 |
primary or general election period, whichever is applicable, | 2655 |
immediately following the election period covered in the statement | 2656 |
filed under division (B)(1) of this section. | 2657 |
(3) All additional contributions made under division (B) of | 2658 |
this section are used by the campaign committee that receives them | 2659 |
only to pay the debt of the committee reported under division | 2660 |
(B)(1) of this section. | 2661 |
(4) The campaign committee maintains a separate account for | 2662 |
all additional contributions made under division (B) of this | 2663 |
section and uses moneys in that account only to pay the unpaid | 2664 |
debt reported under division (B)(1) of this section and to | 2665 |
administer the account. | 2666 |
(5) The campaign committee stops accepting additional | 2667 |
contributions after funds sufficient to repay the unpaid debt | 2668 |
reported under division (B)(1) of this section have been raised | 2669 |
and promptly disposes of any contributions received that exceed | 2670 |
the amount of the unpaid debt by returning the excess | 2671 |
contributions to the contributors or by giving the excess | 2672 |
contributions to an organization that is exempt from federal | 2673 |
income taxation under subsection 501(a) and described in | 2674 |
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal | 2675 |
Revenue Code. | 2676 |
Sec. 3517.109. (A) As used in this section: | 2677 |
(1) "Candidate" has the same meaning as in section 3517.01 of | 2678 |
the Revised Code but includes only candidates for the offices of | 2679 |
governor, lieutenant governor, secretary of state, auditor of | 2680 |
state, treasurer of state, attorney general, member of the state | 2681 |
board of education, and member of the general assembly. | 2682 |
(2) "Statewide candidate" means the joint candidates for the | 2683 |
offices of governor and lieutenant governor or a candidate for the | 2684 |
office of secretary of state, auditor of state, treasurer of | 2685 |
state, attorney general, and member of the state board of | 2686 |
education. | 2687 |
(3) "Senate candidate" means a candidate for the office of | 2688 |
state senator. | 2689 |
(4) "House candidate" means a candidate for the office of | 2690 |
state representative. | 2691 |
(5) "State office" means the offices of governor, lieutenant | 2692 |
governor, secretary of state, auditor of state, treasurer of | 2693 |
state, attorney general, member of the state board of education, | 2694 |
and member of the general assembly. | 2695 |
(6) "Aggregate contribution" means the total of all | 2696 |
contributions from a contributor during the pre-filing period. | 2697 |
(7) "Allowable aggregate contribution" means all of the | 2698 |
following: | 2699 |
(a) In the case of a contribution from a contributor whose | 2700 |
contributions are subject to the contribution limits described in | 2701 |
division (B)(1), (2), (3), | 2702 |
of the Revised Code, that portion of the amount of the | 2703 |
contributor's aggregate contribution that does not exceed the | 2704 |
preprimary contribution limit applicable to that contributor. | 2705 |
(b) In the case of a contribution or contributions from a | 2706 |
contributor whose contributions are not subject to the | 2707 |
contribution limits described in divisions
(B)(1), (2), (3), | 2708 |
(6)(a), or (7) of section 3517.102 of the Revised Code, the total | 2709 |
of the following: | 2710 |
(i) That portion of the aggregate contribution that was | 2711 |
received as in-kind services; | 2712 |
(ii) That portion of the aggregate contribution that was | 2713 |
received as cash and does not exceed the applicable preprimary | 2714 |
cash transfer or contribution limits described in division | 2715 |
(B)(6)(b) of section 3517.102 of the Revised Code. | 2716 |
(8) "Excess aggregate contribution" means, for each | 2717 |
contributor, the amount by which that contributor's aggregate | 2718 |
contribution exceeds that contributor's allowable aggregate | 2719 |
contribution. | 2720 |
(9) "Pre-filing period" means the period of time ending on | 2721 |
the day that the candidacy petitions are due for the state office | 2722 |
for which the candidate has filed and beginning on the latest date | 2723 |
of the following: | 2724 |
(a) The first day of January of the year following the | 2725 |
general election in which that state office was last on the | 2726 |
ballot; | 2727 |
(b) The first day of January of the year following the | 2728 |
general election in which the candidate was last a candidate for | 2729 |
any office; | 2730 |
(c) The first day of the month following the primary election | 2731 |
in which the candidate was last a candidate for any office. | 2732 |
(10) "Filing date" means the last date on which a candidacy | 2733 |
petition may be filed for an office. | 2734 |
(11) "Applicable carry-in limit" means thirty-five thousand | 2735 |
dollars if the candidate is a house candidate or a candidate for | 2736 |
the state board of education, one hundred thousand dollars if the | 2737 |
candidate is a senate candidate, and two hundred thousand dollars | 2738 |
if the candidate is a statewide candidate other than a candidate | 2739 |
for the state board of education. | 2740 |
(12) "Campaign asset" means prepaid, purchased, or donated | 2741 |
assets available to the candidate on the date of the filing | 2742 |
deadline for the office the candidate is seeking that will be | 2743 |
consumed or depleted in the course of the candidate's election | 2744 |
campaign, including, but not limited to, postage, prepaid rent for | 2745 |
campaign headquarters, prepaid radio, television, and newspaper | 2746 |
advertising, and other prepaid consulting and personal services. | 2747 |
(13) "Permitted funds" means the sum of the following: | 2748 |
(a) The total of the allowable aggregate contribution of each | 2749 |
contributor; | 2750 |
(b) The applicable carry-in limit. | 2751 |
(14) "Excess funds" means the amount by which the sum of the | 2752 |
total cash on hand and total reported campaign assets exceeds | 2753 |
permitted funds. | 2754 |
(15) "Covered candidate" means both of the following: | 2755 |
(a) A candidate who, during the pre-filing period, accepts or | 2756 |
has a campaign committee that accepts contributions on the | 2757 |
candidate's behalf for the purpose of nominating or electing the | 2758 |
candidate to any office not subject to the contribution limits | 2759 |
prescribed in section 3517.102 of the Revised Code; | 2760 |
(b) A person who, during the pre-filing period, accepts or | 2761 |
has a campaign committee that accepts contributions on the | 2762 |
person's behalf prior to the person deciding upon or announcing | 2763 |
the office for which the person will become a candidate for | 2764 |
nomination or election. | 2765 |
(B) Each candidate who files for state office, not later than | 2766 |
the filing date for that office, shall dispose of any excess | 2767 |
funds. Each covered candidate who files for state office, not | 2768 |
later than the filing date for that office, shall dispose of any | 2769 |
excess aggregate contributions. | 2770 |
(C) Any campaign committee that is required to dispose of | 2771 |
excess funds or excess aggregate contributions under division (B) | 2772 |
of this section shall dispose of that excess amount or amounts by | 2773 |
doing any of the following: | 2774 |
(1) Giving the amount to the treasurer of state for deposit | 2775 |
into the state treasury to the credit of the Ohio elections | 2776 |
commission fund created by division (I) of section 3517.152 of the | 2777 |
Revised Code; | 2778 |
(2) Giving the amount to individuals who made contributions | 2779 |
to that campaign committee as a refund of all or part of their | 2780 |
contributions; | 2781 |
(3) Giving the amount to a corporation that is exempt from | 2782 |
federal income taxation under subsection 501(a) and described in | 2783 |
subsection 501(c) of the Internal Revenue Code. | 2784 |
(D)(1) Subject to division (D)(2) of this section, no | 2785 |
candidate or covered candidate shall appear on the ballot, even if | 2786 |
certified to appear on the ballot, unless the candidate's or | 2787 |
covered candidate's campaign committee has disposed of excess | 2788 |
funds, excess aggregate contributions, or both as required by | 2789 |
divisions (B) and (C) of this section. | 2790 |
(2) If the excess aggregate contributions accepted by a | 2791 |
covered candidate or a covered candidate's campaign committee | 2792 |
aggregate a total of less than five thousand dollars from all | 2793 |
contributors, that candidate shall not be prohibited from | 2794 |
appearing on the ballot under division (D)(1) of this section. | 2795 |
(E)(1) The campaign committee of each candidate required to | 2796 |
dispose of excess funds under this section shall file a report, on | 2797 |
a form prescribed by the secretary of state, with the official or | 2798 |
board with which the candidate is required to file statements | 2799 |
under section 3517.11 of the Revised Code. The report shall be | 2800 |
filed by the seventh day following the filing deadline for the | 2801 |
office the candidate is seeking, shall indicate the amount of | 2802 |
excess funds disposed of, and shall describe the manner in which | 2803 |
the campaign committee disposed of the excess amount. | 2804 |
(2) In addition to the information required to be included in | 2805 |
a report filed under division (E)(1) of this section, the campaign | 2806 |
committee of each covered candidate required to dispose of excess | 2807 |
aggregate contributions under this section shall include in that | 2808 |
report the source and amount of each excess aggregate contribution | 2809 |
disposed of and shall describe the manner in which the campaign | 2810 |
committee disposed of the excess amount. | 2811 |
(F)(1) Each campaign committee of a candidate who has filed a | 2812 |
declaration of candidacy or a nominating petition for a state | 2813 |
office, not later than seven days after the filing date for the | 2814 |
office the candidate is seeking, shall file a declaration of | 2815 |
filing-day finances, on a form prescribed by the secretary of | 2816 |
state, with the official or board with which the candidate is | 2817 |
required to file statements under section 3517.11 of the Revised | 2818 |
Code. | 2819 |
(2) A declaration of filing-day finances shall list all of | 2820 |
the following: | 2821 |
(a) The amount of cash on hand in the candidate's campaign | 2822 |
fund on the filing date for the office the candidate is seeking. | 2823 |
(b) The value and description of all campaign assets worth | 2824 |
five hundred dollars or more available to the candidate on the | 2825 |
filing date. Assets purchased by the campaign shall be valued at | 2826 |
actual cost, and in-kind contributions shall be valued at market | 2827 |
value. | 2828 |
(c) The total of all aggregate contributions; | 2829 |
(d) The total of all allowable aggregate contributions; | 2830 |
(e) The applicable carry-in limit, if any. | 2831 |
(3) In addition to the information required to be included in | 2832 |
a report of filing-day finances filed under division (F)(1) of | 2833 |
this section, the campaign committee of each covered candidate | 2834 |
shall include both of the following in that report: | 2835 |
(a) The total of all excess aggregate contributions; | 2836 |
(b) For each contributor, if any, for whom there is an excess | 2837 |
aggregate contribution, the name, address, aggregate contribution, | 2838 |
and excess aggregate contribution. | 2839 |
(G) A campaign committee of a candidate is not required to | 2840 |
file a declaration of filing-day finances under division (F) of | 2841 |
this section if all of the following apply: | 2842 |
(1) The campaign committee has not accepted, during the | 2843 |
pre-filing period, any aggregate contribution greater than the | 2844 |
applicable amount. | 2845 |
(2) The campaign committee had less than the carry-in amount | 2846 |
in cash on hand at the beginning of the pre-filing period. | 2847 |
(3) The candidate files a declaration, on a form prescribed | 2848 |
by the secretary of state, with the official or board with which | 2849 |
the candidate is required to file statements under section 3517.11 | 2850 |
of the Revised Code not later than seven days after the filing | 2851 |
date for the office that candidate is seeking, stating that the | 2852 |
candidate's campaign committee has not accepted aggregate | 2853 |
contributions as described in division (G)(1) of this section and | 2854 |
has less than the carry-in amount in cash on hand as described in | 2855 |
division (G)(2) of this section. | 2856 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for | 2857 |
statewide office or the state board of education, political action | 2858 |
committees or political contributing entities that make | 2859 |
contributions to campaign committees of candidates that are | 2860 |
required to file the statements prescribed by section 3517.10 of | 2861 |
the Revised Code with the secretary of state, political action | 2862 |
committees or political contributing entities that make | 2863 |
contributions to campaign committees of candidates for member of | 2864 |
the general assembly, political action committees or political | 2865 |
contributing entities that make contributions to state and | 2866 |
national political parties and to legislative campaign funds, | 2867 |
political action committees or political contributing entities | 2868 |
that receive contributions or make expenditures in connection with | 2869 |
a statewide ballot issue, political action committees or political | 2870 |
contributing entities that make contributions to other political | 2871 |
action committees or political contributing entities, political | 2872 |
parties, and campaign committees, except as set forth in division | 2873 |
(A)(3) of this section, legislative campaign funds, and state and | 2874 |
national political parties shall file the statements prescribed by | 2875 |
section 3517.10 of the Revised Code with the secretary of state. | 2876 |
(2)(a) Except as otherwise provided in division (F) of | 2877 |
section 3517.106 of the Revised Code, campaign committees of | 2878 |
candidates for all other offices shall file the statements | 2879 |
prescribed by section 3517.10 of the Revised Code with the board | 2880 |
of elections where their candidates are required to file their | 2881 |
petitions or other papers for nomination or election. | 2882 |
(b) A campaign committee of a candidate for office of member | 2883 |
of the general assembly or a campaign committee of a candidate for | 2884 |
the office of judge of a court of appeals shall file two copies of | 2885 |
the printed version of any statement, addendum, or amended | 2886 |
statement if the committee does not file pursuant to division | 2887 |
(F)(1) or (L) of section 3517.106 of the Revised Code but files by | 2888 |
printed version only with the appropriate board of elections. The | 2889 |
board of elections shall send one of those copies by overnight | 2890 |
delivery service to the secretary of state before the close of | 2891 |
business on the day the board of elections receives the statement, | 2892 |
addendum, or amended statement. | 2893 |
(3) Political action committees or political contributing | 2894 |
entities that only contribute to a county political party, | 2895 |
contribute to campaign committees of candidates whose nomination | 2896 |
or election is to be submitted only to electors within a county, | 2897 |
subdivision, or district, excluding candidates for member of the | 2898 |
general assembly, and receive contributions or make expenditures | 2899 |
in connection with ballot questions or issues to be submitted only | 2900 |
to electors within a county, subdivision, or district shall file | 2901 |
the statements prescribed by section 3517.10 of the Revised Code | 2902 |
with the board of elections in that county or in the county | 2903 |
contained in whole or part within the subdivision or district | 2904 |
having a population greater than that of any other county | 2905 |
contained in whole or part within that subdivision or district, as | 2906 |
the case may be. | 2907 |
(4) Except as otherwise provided in division (E)(3) of | 2908 |
section 3517.106 of the Revised Code with respect to state | 2909 |
candidate funds, county political parties shall file the | 2910 |
statements prescribed by section 3517.10 of the Revised Code with | 2911 |
the board of elections of their respective counties. | 2912 |
(B)(1) The official with whom petitions and other papers for | 2913 |
nomination or election to public office are filed shall furnish | 2914 |
each candidate at the time of that filing a copy of sections | 2915 |
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and | 2916 |
3599.031 of the Revised Code and any other materials that the | 2917 |
secretary of state may require. Each candidate receiving the | 2918 |
materials shall acknowledge their receipt in writing. | 2919 |
(2) On or before the tenth day before the dates on which | 2920 |
statements are required to be filed by section 3517.10 of the | 2921 |
Revised Code, every candidate subject to the provisions of this | 2922 |
section and sections 3517.10 and 3517.106 of the Revised Code | 2923 |
shall be notified of the requirements and applicable penalties of | 2924 |
those sections. The secretary of state, by certified mail, return | 2925 |
receipt requested, shall notify all candidates required to file | 2926 |
those statements with the secretary of state's office. The board | 2927 |
of elections of every county shall notify by first class mail any | 2928 |
candidate who has personally appeared at the office of the board | 2929 |
on or before the tenth day before the statements are required to | 2930 |
be filed and signed a form, to be provided by the secretary of | 2931 |
state, attesting that the candidate has been notified of the | 2932 |
candidate's obligations under the campaign finance law. The board | 2933 |
shall forward the completed form to the secretary of state. The | 2934 |
board shall use certified mail, return receipt requested, to | 2935 |
notify all other candidates required to file those statements with | 2936 |
it. | 2937 |
(3)(a) Any statement required to be filed under sections | 2938 |
3517.081 to 3517.17 of the Revised Code that is found to be | 2939 |
incomplete or inaccurate by the officer to whom it is submitted | 2940 |
shall be accepted on a conditional basis, and the person who filed | 2941 |
it shall be notified by certified mail as to the incomplete or | 2942 |
inaccurate nature of the statement. The secretary of state may | 2943 |
examine statements filed for candidates for the office of member | 2944 |
of the general assembly and candidates for the office of judge of | 2945 |
a court of appeals for completeness and accuracy. The secretary of | 2946 |
state shall examine for completeness and accuracy statements that | 2947 |
campaign committees of candidates for the office of member of the | 2948 |
general assembly and campaign committees of candidates for the | 2949 |
office of judge of a court of appeals file pursuant to division | 2950 |
(F) or (L) of section 3517.106 of the Revised Code. If an officer | 2951 |
at the board of elections where a statement filed for a candidate | 2952 |
for the office of member of the general assembly or for a | 2953 |
candidate for the office of judge of a court of appeals was | 2954 |
submitted finds the statement to be incomplete or inaccurate, the | 2955 |
officer shall immediately notify the secretary of state of its | 2956 |
incomplete or inaccurate nature. If either an officer at the board | 2957 |
of elections or the secretary of state finds a statement filed for | 2958 |
a candidate for the office of member of the general assembly or | 2959 |
for a candidate for the office of judge of a court of appeals to | 2960 |
be incomplete or inaccurate, only the secretary of state shall | 2961 |
send the notification as to the incomplete or inaccurate nature of | 2962 |
the statement. | 2963 |
Within twenty-one days after receipt of the notice, in the | 2964 |
case of a pre-election statement, a postelection statement, a | 2965 |
monthly statement, an annual statement, or a semiannual statement | 2966 |
prescribed by section 3517.10, an annual statement prescribed by | 2967 |
section 3517.101, or a statement prescribed by division (B)(2)(b) | 2968 |
or (C)(2)(b) of section 3517.105 or section 3517.107 of the | 2969 |
Revised Code, the recipient shall file an addendum, amendment, or | 2970 |
other correction to the statement providing the information | 2971 |
necessary to complete or correct the statement. The secretary of | 2972 |
state may require that, in lieu of filing an addendum, amendment, | 2973 |
or other correction to a statement that is filed by electronic | 2974 |
means of transmission to the office of the secretary of state | 2975 |
pursuant to section 3517.106 of the Revised Code, the recipient of | 2976 |
the notice described in this division file by electronic means of | 2977 |
transmission an amended statement that incorporates the | 2978 |
information necessary to complete or correct the statement. | 2979 |
The secretary of state shall determine by rule when an | 2980 |
addendum, amendment, or other correction to any of the following | 2981 |
or when an amended statement of any of the following shall be | 2982 |
filed: | 2983 |
(i) A two-business-day statement prescribed by section | 2984 |
3517.10 of the Revised Code; | 2985 |
(ii) A disclosure of electioneering communications statement | 2986 |
prescribed by division (D) of section 3517.1011 of the Revised | 2987 |
Code; | 2988 |
(iii) A deposit and disbursement statement prescribed under | 2989 |
division (B) of section 3517.1012 of the Revised Code; | 2990 |
(iv) A gift and disbursement statement prescribed under | 2991 |
section 3517.1013 of the Revised Code. | 2992 |
An addendum, amendment, or other correction to a statement | 2993 |
that is filed by electronic means of transmission pursuant to | 2994 |
section 3517.106 of the Revised Code shall be filed in the same | 2995 |
manner as the statement. | 2996 |
The provisions of sections 3517.10, 3517.106, 3517.1011, | 2997 |
3517.1012, and 3517.1013 of the Revised Code pertaining to the | 2998 |
filing of statements of contributions and expenditures, statements | 2999 |
of independent expenditures, disclosure of electioneering | 3000 |
communications statements, deposit and disbursement statements, | 3001 |
and gift and disbursement statements by electronic means of | 3002 |
transmission apply to the filing of addenda, amendments, or other | 3003 |
corrections to those statements by electronic means of | 3004 |
transmission and the filing of amended statements by electronic | 3005 |
means of transmission. | 3006 |
(b) Within five business days after the secretary of state | 3007 |
receives, by electronic or other means of transmission, an | 3008 |
addendum, amendment, or other correction to a statement or an | 3009 |
amended statement under division (B)(3)(a) of this section, the | 3010 |
secretary of state, pursuant to divisions (E), (F), (G), and (I) | 3011 |
of section 3517.106 or division (D) of section 3517.1011 of the | 3012 |
Revised Code, shall make the contribution and expenditure, | 3013 |
contribution and disbursement, deposit and disbursement, or gift | 3014 |
and disbursement information in that addendum, amendment, | 3015 |
correction, or amended statement available online to the public | 3016 |
through the internet. | 3017 |
(4)(a) The secretary of state or the board of elections shall | 3018 |
examine all statements for compliance with sections 3517.08 to | 3019 |
3517.17 of the Revised Code. | 3020 |
(b) The secretary of state may contract with an individual or | 3021 |
entity not associated with the secretary of state and experienced | 3022 |
in interpreting the campaign finance law of this state to conduct | 3023 |
examinations of statements filed by any statewide candidate, as | 3024 |
defined in section 3517.103 of the Revised Code. | 3025 |
(c) The examination shall be conducted by a person or entity | 3026 |
qualified to conduct it. The results of the examination shall be | 3027 |
available to the public, and, when the examination is conducted by | 3028 |
an individual or entity not associated with the secretary of | 3029 |
state, the results of the examination shall be reported to the | 3030 |
secretary of state. | 3031 |
(C)(1) In the event of a failure to file or a late filing of | 3032 |
a statement required to be filed under sections 3517.081 to | 3033 |
3517.17 of the Revised Code, or if a filed statement or any | 3034 |
addendum, amendment, or other correction to a statement or any | 3035 |
amended statement, if an addendum, amendment, or other correction | 3036 |
or an amended statement is required to be filed, is incomplete or | 3037 |
inaccurate or appears to disclose a failure to comply with or a | 3038 |
violation of law, the official whose duty it is to examine the | 3039 |
statement shall promptly file a complaint with the Ohio elections | 3040 |
commission under section 3517.153 of the Revised Code if the law | 3041 |
is one over which the commission has jurisdiction to hear | 3042 |
complaints, or the official shall promptly report the failure or | 3043 |
violation to the board of elections and the board shall promptly | 3044 |
report it to the prosecuting attorney in accordance with division | 3045 |
(J) of section 3501.11 of the Revised Code. If the official files | 3046 |
a complaint with the commission, the commission shall proceed in | 3047 |
accordance with sections 3517.154 to 3517.157 of the Revised Code. | 3048 |
(2) For purposes of division (C)(1) of this section, a | 3049 |
statement or an addendum, amendment, or other correction to a | 3050 |
statement or an amended statement required to be filed under | 3051 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or | 3052 |
inaccurate under this section if the statement, addendum, | 3053 |
amendment, other correction, or amended statement fails to | 3054 |
disclose substantially all contributions or gifts that are | 3055 |
received or deposits that are made that are required to be | 3056 |
reported under sections 3517.10, 3517.107, 3517.108, 3517.1011, | 3057 |
3517.1012, and 3517.1013 of the Revised Code or if the statement, | 3058 |
addendum, amendment, other correction, or amended statement fails | 3059 |
to disclose at least ninety per cent of the total contributions or | 3060 |
gifts received or deposits made or of the total expenditures or | 3061 |
disbursements made during the reporting period. | 3062 |
(D) No certificate of nomination or election shall be issued | 3063 |
to a person, and no person elected to an office shall enter upon | 3064 |
the performance of the duties of that office, until that person or | 3065 |
that person's campaign committee, as appropriate, has fully | 3066 |
complied with this section and sections 3517.08, 3517.081, | 3067 |
3517.10, and 3517.13 of the Revised Code. | 3068 |
Sec. 3517.13. (A)(1) No campaign committee of a statewide | 3069 |
candidate shall fail to file a complete and accurate statement | 3070 |
required under division (A)(1) of section 3517.10 of the Revised | 3071 |
Code. | 3072 |
(2) No campaign committee of a statewide candidate shall fail | 3073 |
to file a complete and accurate monthly statement, and no campaign | 3074 |
committee of a statewide candidate or a candidate for the office | 3075 |
of chief justice or justice of the supreme court shall fail to | 3076 |
file a complete and accurate two-business-day statement, as | 3077 |
required under section 3517.10 of the Revised Code. | 3078 |
As used in this division, "statewide candidate" has the same | 3079 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 3080 |
Code. | 3081 |
(B) No campaign committee shall fail to file a complete and | 3082 |
accurate statement required under division (A)(1) of section | 3083 |
3517.10 of the Revised Code. | 3084 |
(C) No campaign committee shall fail to file a complete and | 3085 |
accurate statement required under division (A)(2) of section | 3086 |
3517.10 of the Revised Code. | 3087 |
(D) No campaign committee shall fail to file a complete and | 3088 |
accurate statement required under division (A)(3) or (4) of | 3089 |
section 3517.10 of the Revised Code. | 3090 |
(E) No person other than a campaign committee shall knowingly | 3091 |
fail to file a statement required under section 3517.10 or | 3092 |
3517.107 of the Revised Code. | 3093 |
(F) No person shall make cash contributions to any person | 3094 |
totaling more than one hundred dollars in each primary, special, | 3095 |
or general election. | 3096 |
(G)(1) No person shall knowingly conceal or misrepresent | 3097 |
contributions given or received, expenditures made, or any other | 3098 |
information required to be reported by a provision in sections | 3099 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 3100 |
(2)(a) No person shall make a contribution to a campaign | 3101 |
committee, political action committee, political contributing | 3102 |
entity, legislative campaign fund, political party, or person | 3103 |
making disbursements to pay the direct costs of producing or | 3104 |
airing electioneering communications in the name of another | 3105 |
person. | 3106 |
(b) A person does not make a contribution in the name of | 3107 |
another when either of the following applies: | 3108 |
(i) An individual makes a contribution from a partnership or | 3109 |
other unincorporated business account, if the contribution is | 3110 |
reported by listing both the name of the partnership or other | 3111 |
unincorporated business and the name of the partner or owner | 3112 |
making the contribution as required under division (I) of section | 3113 |
3517.10 of the Revised Code. | 3114 |
(ii) A person makes a contribution in that person's spouse's | 3115 |
name or in both of their names. | 3116 |
(H) No person within this state, publishing a newspaper or | 3117 |
other periodical, shall charge a campaign committee for political | 3118 |
advertising a rate in excess of the rate such person would charge | 3119 |
if the campaign committee were a general rate advertiser whose | 3120 |
advertising was directed to promoting its business within the same | 3121 |
area as that encompassed by the particular office that the | 3122 |
candidate of the campaign committee is seeking. The rate shall | 3123 |
take into account the amount of space used, as well as the type of | 3124 |
advertising copy submitted by or on behalf of the campaign | 3125 |
committee. All discount privileges otherwise offered by a | 3126 |
newspaper or periodical to general rate advertisers shall be | 3127 |
available upon equal terms to all campaign committees. | 3128 |
No person within this state, operating a radio or television | 3129 |
station or network of stations in this state, shall charge a | 3130 |
campaign committee for political broadcasts a rate that exceeds: | 3131 |
(1) During the forty-five days preceding the date of a | 3132 |
primary election and during the sixty days preceding the date of a | 3133 |
general or special election in which the candidate of the campaign | 3134 |
committee is seeking office, the lowest unit charge of the station | 3135 |
for the same class and amount of time for the same period; | 3136 |
(2) At any other time, the charges made for comparable use of | 3137 |
that station by its other users. | 3138 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 3139 |
section, no agency or department of this state or any political | 3140 |
subdivision shall award any contract, other than one let by | 3141 |
competitive bidding or a contract incidental to such contract or | 3142 |
which is by force account, for the purchase of goods costing more | 3143 |
than five hundred dollars or services costing more than five | 3144 |
hundred dollars to any individual, partnership, association, | 3145 |
including, without limitation, a professional association | 3146 |
organized under Chapter 1785. of the Revised Code, estate, or | 3147 |
trust if the individual has made or the individual's spouse has | 3148 |
made, or any partner, shareholder, administrator, executor, or | 3149 |
trustee or the spouse of any of them has made, as an individual, | 3150 |
within the two previous calendar years, one or more contributions | 3151 |
totaling in excess of one thousand dollars to the holder of the | 3152 |
public office having ultimate responsibility for the award of the | 3153 |
contract or to the public officer's campaign committee. | 3154 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 3155 |
section, no agency or department of this state or any political | 3156 |
subdivision shall award any contract, other than one let by | 3157 |
competitive bidding or a contract incidental to such contract or | 3158 |
which is by force account, for the purchase of goods costing more | 3159 |
than five hundred dollars or services costing more than five | 3160 |
hundred dollars to a corporation or business trust, except a | 3161 |
professional association organized under Chapter 1785. of the | 3162 |
Revised Code, if an owner of more than twenty per cent of the | 3163 |
corporation or business trust or the spouse of that person has | 3164 |
made, as an individual, within the two previous calendar years, | 3165 |
taking into consideration only owners for all of that period, one | 3166 |
or more contributions totaling in excess of one thousand dollars | 3167 |
to the holder of a public office having ultimate responsibility | 3168 |
for the award of the contract or to the public officer's campaign | 3169 |
committee. | 3170 |
(K) For purposes of divisions (I) and (J) of this section, if | 3171 |
a public officer who is responsible for the award of a contract is | 3172 |
appointed by the governor, whether or not the appointment is | 3173 |
subject to the advice and consent of the senate, excluding members | 3174 |
of boards, commissions, committees, authorities, councils, boards | 3175 |
of trustees, task forces, and other such entities appointed by the | 3176 |
governor, the office of the governor is considered to have | 3177 |
ultimate responsibility for the award of the contract. | 3178 |
(L) For purposes of divisions (I) and (J) of this section, if | 3179 |
a public officer who is responsible for the award of a contract is | 3180 |
appointed by the elected chief executive officer of a municipal | 3181 |
corporation, or appointed by the elected chief executive officer | 3182 |
of a county operating under an alternative form of county | 3183 |
government or county charter, excluding members of boards, | 3184 |
commissions, committees, authorities, councils, boards of | 3185 |
trustees, task forces, and other such entities appointed by the | 3186 |
chief executive officer, the office of the chief executive officer | 3187 |
is considered to have ultimate responsibility for the award of the | 3188 |
contract. | 3189 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 3190 |
contracts awarded by the board of commissioners of the sinking | 3191 |
fund, municipal legislative authorities, boards of education, | 3192 |
boards of county commissioners, boards of township trustees, or | 3193 |
other boards, commissions, committees, authorities, councils, | 3194 |
boards of trustees, task forces, and other such entities created | 3195 |
by law, by the supreme court or courts of appeals, by county | 3196 |
courts consisting of more than one judge, courts of common pleas | 3197 |
consisting of more than one judge, or municipal courts consisting | 3198 |
of more than one judge, or by a division of any court if the | 3199 |
division consists of more than one judge. This division shall | 3200 |
apply to the specified entity only if the members of the entity | 3201 |
act collectively in the award of a contract for goods or services. | 3202 |
(2) Divisions (I) and (J) of this section do not apply to | 3203 |
actions of the controlling board. | 3204 |
(N)(1) Divisions (I) and (J) of this section apply to | 3205 |
contributions made to the holder of a public office having | 3206 |
ultimate responsibility for the award of a contract, or to the | 3207 |
public officer's campaign committee, during the time the person | 3208 |
holds the office and during any time such person was a candidate | 3209 |
for the office. Those divisions do not apply to contributions made | 3210 |
to, or to the campaign committee of, a candidate for or holder of | 3211 |
the office other than the holder of the office at the time of the | 3212 |
award of the contract. | 3213 |
(2) Divisions (I) and (J) of this section do not apply to | 3214 |
contributions of a partner, shareholder, administrator, executor, | 3215 |
trustee, or owner of more than twenty per cent of a corporation or | 3216 |
business trust made before the person held any of those positions | 3217 |
or after the person ceased to hold any of those positions in the | 3218 |
partnership, association, estate, trust, corporation, or business | 3219 |
trust whose eligibility to be awarded a contract is being | 3220 |
determined, nor to contributions of the person's spouse made | 3221 |
before the person held any of those positions, after the person | 3222 |
ceased to hold any of those positions, before the two were | 3223 |
married, after the granting of a decree of divorce, dissolution of | 3224 |
marriage, or annulment, or after the granting of an order in an | 3225 |
action brought solely for legal separation. Those divisions do not | 3226 |
apply to contributions of the spouse of an individual whose | 3227 |
eligibility to be awarded a contract is being determined made | 3228 |
before the two were married, after the granting of a decree of | 3229 |
divorce, dissolution of marriage, or annulment, or after the | 3230 |
granting of an order in an action brought solely for legal | 3231 |
separation. | 3232 |
(O) No beneficiary of a campaign fund or other person shall | 3233 |
convert for personal use, and no person shall knowingly give to a | 3234 |
beneficiary of a campaign fund or any other person, for the | 3235 |
beneficiary's or any other person's personal use, anything of | 3236 |
value from the beneficiary's campaign fund, including, without | 3237 |
limitation, payments to a beneficiary for services the beneficiary | 3238 |
personally performs, except as reimbursement for any of the | 3239 |
following: | 3240 |
(1) Legitimate and verifiable prior campaign expenses | 3241 |
incurred by the beneficiary; | 3242 |
(2) Legitimate and verifiable ordinary and necessary prior | 3243 |
expenses incurred by the beneficiary in connection with duties as | 3244 |
the holder of a public office, including, without limitation, | 3245 |
expenses incurred through participation in nonpartisan or | 3246 |
bipartisan events if the participation of the holder of a public | 3247 |
office would normally be expected; | 3248 |
(3) Legitimate and verifiable ordinary and necessary prior | 3249 |
expenses incurred by the beneficiary while doing any of the | 3250 |
following: | 3251 |
(a) Engaging in activities in support of or opposition to a | 3252 |
candidate other than the beneficiary, political party, or ballot | 3253 |
issue; | 3254 |
(b) Raising funds for a political party, political action | 3255 |
committee, political contributing entity, legislative campaign | 3256 |
fund, campaign committee, or other candidate; | 3257 |
(c) Participating in the activities of a political party, | 3258 |
political action committee, political contributing entity, | 3259 |
legislative campaign fund, or campaign committee; | 3260 |
(d) Attending a political party convention or other political | 3261 |
meeting. | 3262 |
For purposes of this division, an expense is incurred | 3263 |
whenever a beneficiary has either made payment or is obligated to | 3264 |
make payment, as by the use of a credit card or other credit | 3265 |
procedure or by the use of goods or services received on account. | 3266 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 3267 |
and no person shall knowingly give to the beneficiary of a | 3268 |
campaign fund, reimbursement for an expense under division (O) of | 3269 |
this section to the extent that the expense previously was | 3270 |
reimbursed or paid from another source of funds. If an expense is | 3271 |
reimbursed under division (O) of this section and is later paid or | 3272 |
reimbursed, wholly or in part, from another source of funds, the | 3273 |
beneficiary shall repay the reimbursement received under division | 3274 |
(O) of this section to the extent of the payment made or | 3275 |
reimbursement received from the other source. | 3276 |
(Q) No candidate or public official or employee shall accept | 3277 |
for personal or business use anything of value from a political | 3278 |
party, political action committee, political contributing entity, | 3279 |
legislative campaign fund, or campaign committee other than the | 3280 |
candidate's or public official's or employee's own campaign | 3281 |
committee, and no person shall knowingly give to a candidate or | 3282 |
public official or employee anything of value from a political | 3283 |
party, political action committee, political contributing entity, | 3284 |
legislative campaign fund, or such a campaign committee, except | 3285 |
for the following: | 3286 |
(1) Reimbursement for legitimate and verifiable ordinary and | 3287 |
necessary prior expenses not otherwise prohibited by law incurred | 3288 |
by the candidate or public official or employee while engaged in | 3289 |
any legitimate activity of the political party, political action | 3290 |
committee, political contributing entity, legislative campaign | 3291 |
fund, or such campaign committee. Without limitation, reimbursable | 3292 |
expenses under this division include those incurred while doing | 3293 |
any of the following: | 3294 |
(a) Engaging in activities in support of or opposition to | 3295 |
another candidate, political party, or ballot issue; | 3296 |
(b) Raising funds for a political party, legislative campaign | 3297 |
fund, campaign committee, or another candidate; | 3298 |
(c) Attending a political party convention or other political | 3299 |
meeting. | 3300 |
(2) Compensation not otherwise prohibited by law for actual | 3301 |
and valuable personal services rendered under a written contract | 3302 |
to the political party, political action committee, political | 3303 |
contributing entity, legislative campaign fund, or such campaign | 3304 |
committee for any legitimate activity of the political party, | 3305 |
political action committee, political contributing entity, | 3306 |
legislative campaign fund, or such campaign committee. | 3307 |
Reimbursable expenses under this division do not include, and | 3308 |
it is a violation of this division for a candidate or public | 3309 |
official or employee to accept, or for any person to knowingly | 3310 |
give to a candidate or public official or employee from a | 3311 |
political party, political action committee, political | 3312 |
contributing entity, legislative campaign fund, or campaign | 3313 |
committee other than the candidate's or public official's or | 3314 |
employee's own campaign committee, anything of value for | 3315 |
activities primarily related to the candidate's or public | 3316 |
official's or employee's own campaign for election, except for | 3317 |
contributions to the candidate's or public official's or | 3318 |
employee's campaign committee. | 3319 |
For purposes of this division, an expense is incurred | 3320 |
whenever a candidate or public official or employee has either | 3321 |
made payment or is obligated to make payment, as by the use of a | 3322 |
credit card or other credit procedure, or by the use of goods or | 3323 |
services on account. | 3324 |
(R)(1) Division (O) or (P) of this section does not prohibit | 3325 |
a campaign committee from making direct advance or post payment | 3326 |
from contributions to vendors for goods and services for which | 3327 |
reimbursement is permitted under division (O) of this section, | 3328 |
except that no campaign committee shall pay its candidate or other | 3329 |
beneficiary for services personally performed by the candidate or | 3330 |
other beneficiary. | 3331 |
(2) If any expense that may be reimbursed under division (O), | 3332 |
(P), or (Q) of this section is part of other expenses that may not | 3333 |
be paid or reimbursed, the separation of the two types of expenses | 3334 |
for the purpose of allocating for payment or reimbursement those | 3335 |
expenses that may be paid or reimbursed may be by any reasonable | 3336 |
accounting method, considering all of the surrounding | 3337 |
circumstances. | 3338 |
(3) For purposes of divisions (O), (P), and (Q) of this | 3339 |
section, mileage allowance at a rate not greater than that allowed | 3340 |
by the internal revenue service at the time the travel occurs may | 3341 |
be paid instead of reimbursement for actual travel expenses | 3342 |
allowable. | 3343 |
(S)(1) As used in division (S) of this section: | 3344 |
(a) "State elective office" has the same meaning as in | 3345 |
section 3517.092 of the Revised Code. | 3346 |
(b) "Federal office" means a federal office as defined in the | 3347 |
Federal Election Campaign Act. | 3348 |
(c) "Federal campaign committee" means a principal campaign | 3349 |
committee or authorized committee as defined in the Federal | 3350 |
Election Campaign Act. | 3351 |
(2) No person who is a candidate for state elective office | 3352 |
and who previously sought nomination or election to a federal | 3353 |
office shall transfer any funds or assets from that person's | 3354 |
federal campaign committee for nomination or election to the | 3355 |
federal office to that person's campaign committee as a candidate | 3356 |
for state elective office. | 3357 |
(3) No campaign committee of a person who is a candidate for | 3358 |
state elective office and who previously sought nomination or | 3359 |
election to a federal office shall accept any funds or assets from | 3360 |
that person's federal campaign committee for that person's | 3361 |
nomination or election to the federal office. | 3362 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 3363 |
section 3517.102 of the Revised Code, a state or county political | 3364 |
party shall not disburse moneys from any account other than a | 3365 |
state candidate fund to make contributions to any of the | 3366 |
following: | 3367 |
(a) A state candidate fund; | 3368 |
(b) A legislative campaign fund; | 3369 |
(c) A campaign committee of a candidate for the office of | 3370 |
governor, lieutenant governor, secretary of state, auditor of | 3371 |
state, treasurer of state, attorney general, member of the state | 3372 |
board of education, or member of the general assembly. | 3373 |
(2) No state candidate fund, legislative campaign fund, or | 3374 |
campaign committee of a candidate for any office described in | 3375 |
division (T)(1)(c) of this section shall knowingly accept a | 3376 |
contribution in violation of division (T)(1) of this section. | 3377 |
(U) No person shall fail to file the statement required under | 3378 |
section 3517.12 of the Revised Code. | 3379 |
(V) No campaign committee shall fail to file a statement | 3380 |
required under division (K)(3) of section 3517.10 of the Revised | 3381 |
Code. | 3382 |
(W)(1) No foreign national shall, directly or indirectly | 3383 |
through any other person or entity, make a contribution, | 3384 |
expenditure, or independent expenditure or promise, either | 3385 |
expressly or implicitly, to make a contribution, expenditure, or | 3386 |
independent expenditure in support of or opposition to a candidate | 3387 |
for any elective office in this state, including an office of a | 3388 |
political party. | 3389 |
(2) No candidate, campaign committee, political action | 3390 |
committee, political contributing entity, legislative campaign | 3391 |
fund, state candidate fund, political party, or separate | 3392 |
segregated fund shall solicit or accept a contribution, | 3393 |
expenditure, or independent expenditure from a foreign national. | 3394 |
The secretary of state may direct any candidate, committee, | 3395 |
entity, fund, or party that accepts a contribution, expenditure, | 3396 |
or independent expenditure in violation of this division to return | 3397 |
the contribution, expenditure, or independent expenditure or, if | 3398 |
it is not possible to return the contribution, expenditure, or | 3399 |
independent expenditure, then to return instead the value of it, | 3400 |
to the contributor. | 3401 |
(3) As used in division (W) of this section, "foreign | 3402 |
national" has the same meaning as in section 441e(b) of the | 3403 |
Federal Election Campaign Act. | 3404 |
(X)(1) No state or county political party shall transfer any | 3405 |
moneys from its restricted fund to any account of the political | 3406 |
party into which contributions may be made or from which | 3407 |
contributions or expenditures may be made. | 3408 |
(2)(a) No state or county political party shall deposit a | 3409 |
contribution or contributions that it receives into its restricted | 3410 |
fund. | 3411 |
(b) No state or county political party shall make a | 3412 |
contribution or an expenditure from its restricted fund. | 3413 |
(3)(a) No corporation or labor organization shall make a gift | 3414 |
or gifts from the corporation's or labor organization's money or | 3415 |
property aggregating more than ten thousand dollars to any one | 3416 |
state or county political party for the party's restricted fund in | 3417 |
a calendar year. | 3418 |
(b) No state or county political party shall accept a gift or | 3419 |
gifts for the party's restricted fund aggregating more than ten | 3420 |
thousand dollars from any one corporation or labor organization in | 3421 |
a calendar year. | 3422 |
(4) No state or county political party shall transfer any | 3423 |
moneys in the party's restricted fund to any other state or county | 3424 |
political party. | 3425 |
(5) No state or county political party shall knowingly fail | 3426 |
to file a statement required under section 3517.1012 of the | 3427 |
Revised Code. | 3428 |
Sec. 3517.152. (A)(1) There is hereby created the Ohio | 3429 |
elections commission consisting of seven members. | 3430 |
Not later than forty-five days after August 24, 1995, the | 3431 |
speaker of the house of representatives and the leader in the | 3432 |
senate of the political party of which the speaker is a member | 3433 |
shall jointly submit to the governor a list of five persons who | 3434 |
are affiliated with that political party. Not later than | 3435 |
forty-five days after August 24, 1995, the two legislative leaders | 3436 |
in the two houses of the general assembly of the major political | 3437 |
party of which the speaker is not a member shall jointly submit to | 3438 |
the governor a list of five persons who are affiliated with the | 3439 |
major political party of which the speaker is not a member. Not | 3440 |
later than fifteen days after receiving each list, the governor | 3441 |
shall appoint three persons from each list to the commission. The | 3442 |
governor shall appoint one person from each list to a term that | 3443 |
ends on December 31, 1996, one person from each list to a term | 3444 |
that ends on December 31, 1997, and one person from each list to a | 3445 |
term that ends on December 31, 1998. | 3446 |
Not later than thirty days after the governor appoints these | 3447 |
six members, they shall, by a majority vote, appoint to the | 3448 |
commission a seventh member, who shall not be affiliated with a | 3449 |
political party. If the six members fail to appoint the seventh | 3450 |
member within this thirty-day period, the chief justice of the | 3451 |
supreme court, not later than thirty days after the end of the | 3452 |
period during which the six members were required to appoint a | 3453 |
member, shall appoint the seventh member, who shall not be | 3454 |
affiliated with a political party. The seventh member shall be | 3455 |
appointed to a term that ends on December 31, 2001. Terms of the | 3456 |
initial members appointed under this division begin on January 1, | 3457 |
1996. | 3458 |
(2) If a vacancy occurs in the position of the seventh | 3459 |
member, who is not affiliated with a political party, the six | 3460 |
remaining members by a majority vote shall appoint, not later than | 3461 |
forty-five days after the date of the vacancy, the seventh member | 3462 |
of the commission, who shall not be affiliated with a political | 3463 |
party. If these members fail to appoint the seventh member within | 3464 |
this forty-five-day period, the chief justice of the supreme | 3465 |
court, within fifteen days after the end of this period, shall | 3466 |
appoint the seventh member, who shall not be affiliated with a | 3467 |
political party. If a vacancy occurs in any of the other six | 3468 |
positions on the commission, the legislative leaders of the | 3469 |
political party from whose list of persons the member being | 3470 |
replaced was appointed shall submit to the governor, not later | 3471 |
than thirty days after the date of the vacancy, a list of three | 3472 |
persons who are affiliated with that political party. Not later | 3473 |
than fifteen days after receiving the list, the governor, with the | 3474 |
advice and consent of the senate, shall appoint one person from | 3475 |
the list to the commission. | 3476 |
(3) At no time shall more than six members of the commission | 3477 |
be affiliated with a political party, and, of these six members, | 3478 |
not more than three shall be affiliated with the same political | 3479 |
party. | 3480 |
(4) In making appointments to the commission, the governor | 3481 |
shall take into consideration the various geographic areas of this | 3482 |
state and shall appoint members so that those areas are | 3483 |
represented on the commission in a balanced manner, to the extent | 3484 |
feasible. | 3485 |
(5) Members of the commission shall be registered electors | 3486 |
and shall be of good moral character. | 3487 |
(B) Each member of the Ohio elections commission shall hold | 3488 |
office from the date of the member's appointment until the end of | 3489 |
the term for which the member was appointed. A member appointed to | 3490 |
fill a vacancy occurring prior to the expiration of the term for | 3491 |
which the member's predecessor was appointed shall hold office for | 3492 |
the remainder of that term. A member shall continue in office | 3493 |
subsequent to the expiration date of the member's term until the | 3494 |
member's successor takes office or until a period of sixty days | 3495 |
has elapsed, whichever occurs first. After the initial terms of | 3496 |
office provided for in division (A)(1) of this section, terms of | 3497 |
office shall be for five years. | 3498 |
(C) A vacancy in the Ohio elections commission may be caused | 3499 |
by death, resignation, or three absences from commission meetings | 3500 |
in a calendar year if those absences are caused by reasons | 3501 |
declared invalid by a vote of five members of the remaining | 3502 |
members of the commission. | 3503 |
(D) Each member of the Ohio elections commission while in the | 3504 |
performance of the business of the commission shall be entitled to | 3505 |
receive compensation at the rate of twenty-five thousand dollars | 3506 |
per year. Members shall be reimbursed for expenses actually and | 3507 |
necessarily incurred in the performance of their duties. | 3508 |
(E) No member of the Ohio elections commission shall serve | 3509 |
more than one full term unless the terms served are served | 3510 |
nonconsecutively. | 3511 |
(F)(1) No member of the Ohio elections commission shall do or | 3512 |
be any of the following: | 3513 |
(a) Hold, or be a candidate for, a public office; | 3514 |
(b) Serve on a committee supporting or opposing a candidate | 3515 |
or ballot question or issue; | 3516 |
(c) Be an officer of the state central committee, a county | 3517 |
central committee, or a district, city, township, or other | 3518 |
committee of a political party or an officer of the executive | 3519 |
committee of the state central committee, a county central | 3520 |
committee, or a district, city, township, or other committee of a | 3521 |
political party; | 3522 |
(d) Be a legislative agent as defined in section 101.70 of | 3523 |
the Revised Code or an executive agency lobbyist as defined in | 3524 |
section 121.60 of the Revised Code; | 3525 |
(e) Solicit or be involved in soliciting contributions on | 3526 |
behalf of a candidate, campaign committee,
political party, | 3527 |
political action committee, or political contributing entity; | 3528 |
(f) Be in the unclassified service under section 124.11 of | 3529 |
the Revised Code; | 3530 |
(g) Be a person or employee described in divisions (C)(1) to | 3531 |
(15) of section 4117.01 of the Revised Code. | 3532 |
(2) No member or employee of the commission shall make a | 3533 |
contribution to, or for the benefit of, a campaign committee or | 3534 |
committee in support of or opposition to a ballot question or | 3535 |
issue, a political party, a legislative campaign fund, | 3536 |
political action committee, or a political contributing entity. | 3537 |
(G)(1) The members of the Ohio elections commission shall | 3538 |
elect a chairperson and a vice-chairperson. At no time shall the | 3539 |
chairperson and vice-chairperson be affiliated with the same | 3540 |
political party. The chairperson shall serve in that capacity for | 3541 |
one year and shall not serve as chairperson more than twice during | 3542 |
a term as a member of the commission. No two successive | 3543 |
chairpersons shall be affiliated with the same political party. | 3544 |
(2) The commission shall meet at the call of the chairperson | 3545 |
or upon the written request of a majority of the members. The | 3546 |
meetings and hearings of the commission or a panel of the | 3547 |
commission under sections 3517.153 to 3517.157 of the Revised Code | 3548 |
are subject to section 121.22 of the Revised Code. | 3549 |
(3) The commission shall adopt rules for its procedures in | 3550 |
accordance with Chapter 119. of the Revised Code. Five of the | 3551 |
seven members constitute a quorum. Except as otherwise provided in | 3552 |
this section and in sections 3517.154 to 3517.157 of the Revised | 3553 |
Code, no action shall be taken without the concurrence of a | 3554 |
majority of the members. | 3555 |
(H)(1) The Ohio elections commission shall employ the | 3556 |
technical, professional, and clerical employees that are necessary | 3557 |
for it to carry out its duties. | 3558 |
(2)(a) Notwithstanding section 109.02 of the Revised Code, | 3559 |
the commission shall employ a full-time attorney, and, as needed, | 3560 |
one or more investigatory attorneys to conduct investigations for | 3561 |
the commission or a panel of the commission. The commission may | 3562 |
employ or contract for the services of additional attorneys, as | 3563 |
needed. The full-time attorney shall do all of the following: | 3564 |
(i) Serve as the commission's attorney in regard to all legal | 3565 |
matters, including representing the commission at appeals from a | 3566 |
final determination of the commission, except that the full-time | 3567 |
attorney shall not perform the duties that an investigatory | 3568 |
attorney is required or requested to perform or that another | 3569 |
attorney the commission employs or contracts with for services is | 3570 |
required or requested to perform, and shall not represent the | 3571 |
commission in any legal proceeding in which the commission is a | 3572 |
named party; | 3573 |
(ii) At the request of the commission or a panel of the | 3574 |
commission, be present at a hearing held under sections 3517.154 | 3575 |
to 3517.156 of the Revised Code to rule on the admissibility of | 3576 |
evidence and to advise on the conduct of procedure; | 3577 |
(iii) Perform other duties as required by rule of the | 3578 |
commission. | 3579 |
(b) An attorney employed by or under contract with the | 3580 |
commission shall be licensed to practice law in this state. | 3581 |
(3)(a) Except as otherwise provided in division (H)(3)(b) of | 3582 |
this section, at least five members of the commission shall agree | 3583 |
on the employment of a person, a majority of the members shall | 3584 |
agree on the discharge of an employee, and a person employed by | 3585 |
the commission shall serve at the pleasure of the commission. | 3586 |
(b) At least five of the seven members shall agree on the | 3587 |
discharge of an investigatory attorney. | 3588 |
(I) There is hereby created in the state treasury the Ohio | 3589 |
elections commission fund. All moneys credited to the fund shall | 3590 |
be used solely for the purpose of paying expenses related to the | 3591 |
operation of the Ohio elections commission. | 3592 |
Sec. 3517.155. (A)(1) Except as otherwise provided in | 3593 |
division (B) of this section, the Ohio elections commission shall | 3594 |
hold its first hearing on a complaint filed with it, other than a | 3595 |
complaint that receives an expedited hearing under section | 3596 |
3517.156 of the Revised Code, not later than ninety business days | 3597 |
after the complaint is filed unless the commission has good cause | 3598 |
to hold the hearing after that time, in which case it shall hold | 3599 |
the hearing not later than one hundred eighty business days after | 3600 |
the complaint is filed. At the hearing, the commission shall | 3601 |
determine whether or not the failure to act or the violation | 3602 |
alleged in the complaint has occurred and shall do only one of the | 3603 |
following, except as otherwise provided in division (B) of this | 3604 |
section or in division (B) of section 3517.151 of the Revised | 3605 |
Code: | 3606 |
(a) Enter a finding that good cause has been shown not to | 3607 |
impose a fine or not to refer the matter to the appropriate | 3608 |
prosecutor; | 3609 |
(b) Impose a fine under section 3517.993 of the Revised Code; | 3610 |
(c) Refer the matter to the appropriate prosecutor; | 3611 |
(d) Direct the secretary of state or appropriate board of | 3612 |
elections with the authority to certify a candidate to the ballot | 3613 |
to remove a candidate's name from the ballot if the candidate is | 3614 |
barred from the ballot under division (D) of section 3517.1010 of | 3615 |
the Revised Code. | 3616 |
(2) As used in division (A) of this section, "appropriate | 3617 |
prosecutor" means a prosecutor as defined in section 2935.01 of | 3618 |
the Revised Code and either of the following: | 3619 |
(a) In the case of a failure to comply with or a violation of | 3620 |
law involving a campaign committee or the committee's candidate, a | 3621 |
political party, a legislative campaign fund, | 3622 |
action committee, or a political contributing entity, that is | 3623 |
required to file a statement of contributions and expenditures | 3624 |
with the secretary of state under division (A) of section 3517.11 | 3625 |
of the Revised Code, the prosecutor of Franklin county; | 3626 |
(b) In the case of a failure to comply with or a violation of | 3627 |
law involving any other campaign committee or committee's | 3628 |
candidate, or any other political party | 3629 |
committee, or political contributing entity either of the | 3630 |
following as determined by the commission: | 3631 |
(i) The prosecutor of Franklin county; | 3632 |
(ii) The prosecutor of the county in which the candidacy or | 3633 |
ballot question or issue is submitted to the electors or, if it is | 3634 |
submitted in more than one county, the most populous of those | 3635 |
counties. | 3636 |
(B) If the commission decides that the evidence is | 3637 |
insufficient for it to determine whether or not the failure to act | 3638 |
or the violation alleged in the complaint has occurred, the | 3639 |
commission, by the affirmative vote of five members, may request | 3640 |
that an investigatory attorney investigate the complaint. Upon | 3641 |
that request, an investigatory attorney shall make an | 3642 |
investigation in order to produce sufficient evidence for the | 3643 |
commission to decide the matter. If the commission requests an | 3644 |
investigation under this division, for good cause shown by the | 3645 |
investigatory attorney, the commission may extend by sixty days | 3646 |
the deadline for holding its first hearing on the complaint as | 3647 |
required in division (A) of this section. | 3648 |
(C) The commission shall take one of the actions required | 3649 |
under division (A) of this section not later than thirty days | 3650 |
after the close of all the evidence presented. | 3651 |
(D)(1) The commission shall make any finding of a failure to | 3652 |
comply with or a violation of law in regard to a complaint that | 3653 |
alleges a violation of division (D) of section 3517.1010, division | 3654 |
(A) or (B) of section 3517.21, or division (A) or (B) of section | 3655 |
3517.22 of the Revised Code by clear and convincing evidence. The | 3656 |
commission shall make any finding of a failure to comply with or a | 3657 |
violation of law in regard to any other complaint by a | 3658 |
preponderance of the evidence. | 3659 |
(2) If the commission finds a violation of division (B) of | 3660 |
section 3517.21 or division (B) of section 3517.22 of the Revised | 3661 |
Code, it shall refer the matter to the appropriate prosecutor | 3662 |
under division (A)(1)(c) of this section and shall not impose a | 3663 |
fine under division (A)(1)(b) of this section or section 3517.993 | 3664 |
of the Revised Code. | 3665 |
(E) In an action before the commission or a panel of the | 3666 |
commission, if the allegations of the complainant are not proved, | 3667 |
and the commission takes the action described in division | 3668 |
(A)(1)(a) of this section or a panel of the commission takes the | 3669 |
action described in division (C)(1) of section 3517.156 of the | 3670 |
Revised Code, the commission or a panel of the commission may find | 3671 |
that the complaint is frivolous, and, if the commission or panel | 3672 |
so finds, the commission shall order the complainant to pay | 3673 |
reasonable attorney's fees and to pay the costs of the commission | 3674 |
or panel as determined by a majority of the members of the | 3675 |
commission. The costs paid to the commission or panel under this | 3676 |
division shall be deposited into the Ohio elections commission | 3677 |
fund. | 3678 |
Sec. 3517.20. (A)(1) As used in this section: | 3679 |
(a) "Political publication for or against a candidate" means | 3680 |
a notice, placard, advertisement, sample ballot, brochure, flyer, | 3681 |
direct mailer, or other form of general publication that is | 3682 |
designed to promote the nomination, election, or defeat of a | 3683 |
candidate. | 3684 |
(b) "Political publication for or against an issue" means a | 3685 |
notice, placard, advertisement, sample ballot, brochure, flyer, | 3686 |
direct mailer, or other form of general publication that is | 3687 |
designed to promote the adoption or defeat of a ballot issue or | 3688 |
question or to influence the voters in an election. | 3689 |
(c) "Public political advertising" means newspapers, | 3690 |
magazines, outdoor advertising facilities, direct mailings, or | 3691 |
other similar types of general public political advertising, or | 3692 |
flyers, handbills, or other nonperiodical printed matter. | 3693 |
(d) "Statewide candidate" has the same meaning as in section | 3694 |
3517.102 of the Revised Code. | 3695 |
(e) "Legislative candidate" means a candidate for the office | 3696 |
of member of the general assembly. | 3697 |
(f) "Local candidate" means a candidate for an elective | 3698 |
office of a political subdivision of this state. | 3699 |
(g) "Legislative campaign fund" has the same meaning as in | 3700 |
section 3517.01 of the Revised Code. | 3701 |
(h) "Limited political action committee" means a political | 3702 |
action committee of fewer than ten members. | 3703 |
(i) "Limited political contributing entity" means a political | 3704 |
contributing entity of fewer than ten members. | 3705 |
(j) "Designated amount" means one hundred dollars in the case | 3706 |
of a local candidate or a local ballot issue, two hundred fifty | 3707 |
dollars in the case of a legislative candidate, or five hundred | 3708 |
dollars in the case of a statewide candidate or a statewide ballot | 3709 |
issue. | 3710 |
| 3711 |
reproduce for distribution, or cause to be issued, printed, | 3712 |
posted, distributed, or reproduced for distribution. | 3713 |
| 3714 |
telephone calls of an identical or substantially similar nature | 3715 |
within any thirty-day period, whether those telephone calls are | 3716 |
made by individual callers or by recording. | 3717 |
(2) No candidate, campaign committee, legislative campaign | 3718 |
fund, political party, or other entity, except a political action | 3719 |
committee or political contributing entity, shall issue a form of | 3720 |
political publication for or against a candidate, or shall make an | 3721 |
expenditure for the purpose of financing political communications | 3722 |
in support of or opposition to a candidate through public | 3723 |
political advertising, unless the name and residence or business | 3724 |
address of the candidate or the chairperson, treasurer, or | 3725 |
secretary of the campaign committee, legislative campaign fund, | 3726 |
political party, or other entity that issues or otherwise is | 3727 |
responsible for that political publication or that makes an | 3728 |
expenditure for that political communication appears in a | 3729 |
conspicuous place on that political publication or is contained | 3730 |
within that political communication. | 3731 |
(3) No limited political action committee or limited | 3732 |
political contributing entity shall do either of the following | 3733 |
unless the name and residence or business address of the | 3734 |
chairperson, treasurer, or secretary of the limited political | 3735 |
action committee or limited political contributing entity involved | 3736 |
appears in a conspicuous place in the political publication for or | 3737 |
against a candidate described in division (A)(3)(a) of this | 3738 |
section or is contained within the political communication | 3739 |
described in division (A)(3)(b) of this section: | 3740 |
(a) Issue a form of political publication for or against a | 3741 |
candidate that costs in excess of the designated amount or that is | 3742 |
issued in cooperation, consultation, or concert with, or at the | 3743 |
request or suggestion of, a candidate, a campaign committee, a | 3744 |
legislative campaign fund, a political party, a political action | 3745 |
committee with ten or more members, a political contributing | 3746 |
entity with ten or more members, or a limited political action | 3747 |
committee or limited political contributing entity that spends in | 3748 |
excess of the designated amount on a related or the same or | 3749 |
similar political publication for or against a candidate; | 3750 |
(b) Make an expenditure in excess of the designated amount in | 3751 |
support of or opposition to a candidate or make an expenditure in | 3752 |
cooperation, consultation, or concert with, or at the request or | 3753 |
suggestion of, a candidate, a campaign committee, a legislative | 3754 |
campaign fund, a political party, a political action committee | 3755 |
with ten or more members, a political contributing entity with ten | 3756 |
or more members, or a limited political action committee or | 3757 |
limited political contributing entity that spends in excess of the | 3758 |
designated amount in support of or opposition to the same | 3759 |
candidate, for the purpose of financing political communications | 3760 |
in support of or opposition to that candidate through public | 3761 |
political advertising. | 3762 |
(4) No political action committee with ten or more members | 3763 |
and no political contributing entity with ten or more members | 3764 |
shall issue a form of political publication for or against a | 3765 |
candidate, or shall make an expenditure for the purpose of | 3766 |
financing political communications in support of or opposition to | 3767 |
a candidate through public political advertising, unless the name | 3768 |
and residence or business address of the chairperson, treasurer, | 3769 |
or secretary of the political action committee or political | 3770 |
contributing entity that issues or otherwise is responsible for | 3771 |
that political publication or that makes an expenditure for that | 3772 |
political communication through public political advertising | 3773 |
appears in a conspicuous place in that political publication or is | 3774 |
contained within that political communication. | 3775 |
(5) No corporation, labor organization, campaign committee, | 3776 |
legislative campaign fund, political party, or other entity, | 3777 |
except a political action committee, shall issue a form of | 3778 |
political publication for or against an issue, or shall make an | 3779 |
expenditure for the purpose of financing political communications | 3780 |
in support of or opposition to a ballot issue or question through | 3781 |
public political advertising, unless the name and residence or | 3782 |
business address of the chairperson, treasurer, or secretary of | 3783 |
the corporation, labor organization, campaign committee, | 3784 |
legislative campaign fund, political party, or other entity that | 3785 |
issues or otherwise is responsible for that political publication | 3786 |
or that makes an expenditure for that political communication | 3787 |
through public political advertising appears in a conspicuous | 3788 |
place in that political publication or is contained within that | 3789 |
political communication. | 3790 |
(6) No limited political action committee shall do either of | 3791 |
the following unless the name and residence or business address of | 3792 |
the chairperson, treasurer, or secretary of the limited political | 3793 |
action committee involved appears in a conspicuous place in the | 3794 |
political publication for or against a ballot issue described in | 3795 |
division (A)(6)(a) of this section or is contained within the | 3796 |
political communication described in division (A)(6)(b) of this | 3797 |
section: | 3798 |
(a) Issue a form of political publication for or against a | 3799 |
ballot issue that costs in excess of the designated amount or that | 3800 |
is issued in cooperation, consultation, or concert with, or at the | 3801 |
request or suggestion of, a candidate, a campaign committee, a | 3802 |
legislative campaign fund, a political party, a political action | 3803 |
committee with ten or more members, or a limited political action | 3804 |
committee that spends in excess of the designated amount for a | 3805 |
related or the same or similar political publication for or | 3806 |
against an issue; | 3807 |
(b) Make an expenditure in excess of the designated amount in | 3808 |
support of or opposition to a ballot issue or make an expenditure | 3809 |
in cooperation, consultation, or concert with, or at the request | 3810 |
or suggestion of, a candidate, a campaign committee, a legislative | 3811 |
campaign fund, a political party, a political action committee | 3812 |
with ten or more members, or a limited political action committee | 3813 |
that spends in excess of the designated amount in support of or | 3814 |
opposition to the same ballot issue, for the purpose of financing | 3815 |
political communications in support of or opposition to that | 3816 |
ballot issue through public political advertising. | 3817 |
(7) No political action committee with ten or more members | 3818 |
shall issue a form of political publication for or against an | 3819 |
issue, or shall make an expenditure for the purpose of financing | 3820 |
political communications in support of or opposition to a ballot | 3821 |
issue or question through public political advertising, unless the | 3822 |
name and residence or business address of the chairperson, | 3823 |
treasurer, or secretary of the political action committee that | 3824 |
issues or otherwise is responsible for that political publication | 3825 |
or that makes an expenditure for that political communication | 3826 |
appears in a conspicuous place in that political publication or is | 3827 |
contained within that political communication. | 3828 |
(8) The disclaimer "paid political advertisement" is not | 3829 |
sufficient to meet the requirements of this section. | 3830 |
(9) If the political publication described in division (A) of | 3831 |
this section is issued by the regularly constituted central or | 3832 |
executive committee of a political party that is organized as | 3833 |
provided in this chapter, it shall be sufficiently identified if | 3834 |
it bears the name of the committee and its chairperson or | 3835 |
treasurer. | 3836 |
(10) If more than one piece of printed matter or printed | 3837 |
political communications are mailed as a single packet, the | 3838 |
requirements of division (A) of this section are met if one of the | 3839 |
pieces of printed matter or printed political communications in | 3840 |
the packet contains the name and residence or business address of | 3841 |
the chairperson, treasurer, or secretary of the organization or | 3842 |
entity that issues or is responsible for the printed matter or | 3843 |
other printed political communications. | 3844 |
(11) This section does not apply to the transmittal of | 3845 |
personal correspondence that is not reproduced by machine for | 3846 |
general distribution. | 3847 |
(12) The secretary of state, by rule, may exempt from the | 3848 |
requirements of this section, printed matter and certain other | 3849 |
kinds of printed communications such as campaign buttons, | 3850 |
balloons, pencils, or similar items, the size or nature of which | 3851 |
makes it unreasonable to add an identification or disclaimer. | 3852 |
(13) The disclaimer or identification described in division | 3853 |
(A) of this section, when paid for by a campaign committee, shall | 3854 |
be identified by the words "paid for by" followed by the name and | 3855 |
address of the campaign committee and the appropriate officer of | 3856 |
the committee, identified by name and title. The identification or | 3857 |
disclaimer may use reasonable abbreviations for common terms such | 3858 |
as "treasurer" or "committee". | 3859 |
(B)(1) No candidate, campaign committee, legislative campaign | 3860 |
fund, | 3861 |
action committee, limited political action committee, political | 3862 |
contributing entity, limited political contributing entity, or | 3863 |
other entity shall utter or cause to be uttered, over the | 3864 |
broadcasting facilities of any radio or television station within | 3865 |
this state, any communication that is designed to promote the | 3866 |
nomination, election, or defeat of a candidate, or the adoption or | 3867 |
defeat of an issue or to influence the voters in an election, | 3868 |
unless the speaker identifies the speaker with the speaker's name | 3869 |
and residence address or unless the communication identifies the | 3870 |
chairperson, treasurer, or secretary of the organization | 3871 |
responsible for the communication with the name and residence or | 3872 |
business address of that officer, except that communications by | 3873 |
radio need not broadcast the residence or business address of the | 3874 |
officer. However, a radio station, for a period of at least six | 3875 |
months, shall keep the residence or business address on file and | 3876 |
divulge it to any person upon request. | 3877 |
No person operating a broadcast station or an organ of | 3878 |
printed media shall broadcast or print a paid political | 3879 |
communication that does not contain the identification required by | 3880 |
this section. | 3881 |
(2) Division (B) of this section does not apply to any | 3882 |
communications made on behalf of a radio or television station or | 3883 |
network by any employee of such radio or television station or | 3884 |
network while acting in the course of the employee's employment. | 3885 |
(3) No candidate or entity described in division (B)(1) of | 3886 |
this section shall use or cause to be used a false, fictitious, or | 3887 |
fraudulent name or address in the making or issuing of a | 3888 |
publication or communication included within the provisions of | 3889 |
this section. | 3890 |
(C) No candidate, campaign committee, legislative campaign | 3891 |
fund, political party, political action committee, limited | 3892 |
political action committee, political contributing entity, limited | 3893 |
political contributing entity, or other person or entity shall | 3894 |
conduct a telephone bank for the purpose of promoting the | 3895 |
nomination, election, or defeat of a candidate or the adoption or | 3896 |
defeat of an issue or to influence the voters in an election, | 3897 |
unless the call includes a disclaimer that identifies the name of | 3898 |
the candidate, campaign committee, legislative campaign fund, | 3899 |
political party, political action committee, limited political | 3900 |
action committee, political contributing entity, limited political | 3901 |
contributing entity, or other person or entity paying for the | 3902 |
telephone bank. | 3903 |
(D) Before a prosecution may commence under this section, a | 3904 |
complaint shall be filed with the Ohio elections commission under | 3905 |
section 3517.153 of the Revised Code. After the complaint is | 3906 |
filed, the commission shall proceed in accordance with sections | 3907 |
3517.154 to 3517.157 of the Revised Code. | 3908 |
Sec. 3517.23. The secretary of state shall adopt rules in | 3909 |
accordance with Chapter 119. of the Revised Code that are | 3910 |
necessary for the administration and enforcement of sections | 3911 |
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and | 3912 |
3599.031 of the Revised Code and shall provide each candidate, | 3913 |
political action committee, political contributing entity, | 3914 |
legislative campaign fund, political party, and person making | 3915 |
disbursements to pay the direct costs of producing or airing | 3916 |
electioneering communications with written instructions and | 3917 |
explanations in order to ensure compliance with sections 3517.08 | 3918 |
to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and | 3919 |
3599.031 of the Revised Code. | 3920 |
Sec. 3517.992. This section establishes penalties only with | 3921 |
respect to acts or failures to act that occur on and after August | 3922 |
24, 1995. | 3923 |
(A)(1) A candidate whose campaign committee violates division | 3924 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 3925 |
or a treasurer of a campaign committee who violates any of those | 3926 |
divisions, shall be fined not more than one hundred dollars for | 3927 |
each day of violation. | 3928 |
(2) Whoever violates division (E) or (X)(5) of section | 3929 |
3517.13 of the Revised Code shall be fined not more than one | 3930 |
hundred dollars for each day of violation. | 3931 |
(B) A political party that violates division (F)(1) of | 3932 |
section 3517.101 of the Revised Code shall be fined not more than | 3933 |
one hundred dollars for each day of violation. | 3934 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 3935 |
division (G) of section 3517.13 of the Revised Code shall be fined | 3936 |
not more than ten thousand dollars or, if the offender is a person | 3937 |
who was nominated or elected to public office, shall forfeit the | 3938 |
nomination or the office to which the offender was elected, or | 3939 |
both. | 3940 |
(D) Whoever violates division (F) of section 3517.13 of the | 3941 |
Revised Code shall be fined not more than three times the amount | 3942 |
contributed. | 3943 |
(E) Whoever violates division (H) of section 3517.13 of the | 3944 |
Revised Code shall be fined not more than one hundred dollars. | 3945 |
(F) Whoever violates division (O), (P), or (Q) of section | 3946 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 3947 |
first degree. | 3948 |
(G) A state or county committee of a political party that | 3949 |
violates division (B)(1) of section 3517.18 of the Revised Code | 3950 |
shall be fined not more than twice the amount of the improper | 3951 |
expenditure. | 3952 |
(H) A state or county political party that violates division | 3953 |
(G) of section 3517.101 of the Revised Code shall be fined not | 3954 |
more than twice the amount of the improper expenditure or use. | 3955 |
(I)(1) Any individual who violates division (B)(1) of section | 3956 |
3517.102 of the Revised Code and knows that the contribution the | 3957 |
individual makes violates that division shall be fined an amount | 3958 |
equal to three times the amount contributed in excess of the | 3959 |
amount permitted by that division. | 3960 |
(2) Any political action committee that violates division | 3961 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 3962 |
amount equal to three times the amount contributed in excess of | 3963 |
the amount permitted by that division. | 3964 |
(3) Any campaign committee that violates division (B)(3) or | 3965 |
(5) of section 3517.102 of the Revised Code shall be fined an | 3966 |
amount equal to three times the amount contributed in excess of | 3967 |
the amount permitted by that division. | 3968 |
(4)(a) Any legislative campaign fund that violates division | 3969 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 3970 |
amount equal to three times the amount transferred or contributed | 3971 |
in excess of the amount permitted by that division, as applicable. | 3972 |
(b) Any state political party, county political party, or | 3973 |
state candidate fund of a state political party or county | 3974 |
political party that violates division (B)(6) of section 3517.102 | 3975 |
of the Revised Code shall be fined an amount equal to three times | 3976 |
the amount transferred or contributed in excess of the amount | 3977 |
permitted by that division, as applicable. | 3978 |
(c) Any political contributing entity that violates division | 3979 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 3980 |
amount equal to three times the amount contributed in excess of | 3981 |
the amount permitted by that division. | 3982 |
(5) Any political party that violates division (B)(4) of | 3983 |
section 3517.102 of the Revised Code shall be fined an amount | 3984 |
equal to three times the amount contributed in excess of the | 3985 |
amount permitted by that division. | 3986 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 3987 |
of this section, no violation of division (B) of section 3517.102 | 3988 |
of the Revised Code occurs, and the secretary of state shall not | 3989 |
refer parties to the Ohio elections commission, if the amount | 3990 |
transferred or contributed in excess of the amount permitted by | 3991 |
that division meets either of the following conditions: | 3992 |
(a) It is completely refunded within five business days after | 3993 |
it is accepted. | 3994 |
(b) It is completely refunded on or before the tenth business | 3995 |
day after notification to the recipient of the excess transfer or | 3996 |
contribution by the board of elections or the secretary of state | 3997 |
that a transfer or contribution in excess of the permitted amount | 3998 |
has been received. | 3999 |
(J)(1) Any campaign committee that violates division (C)(1), | 4000 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 4001 |
fined an amount equal to three times the amount accepted in excess | 4002 |
of the amount permitted by that division. | 4003 |
(2)(a) Any county political party that violates division | 4004 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 4005 |
shall be fined an amount equal to three times the amount accepted. | 4006 |
(b) Any county political party that violates division | 4007 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 4008 |
fined an amount from its state candidate fund equal to three times | 4009 |
the amount accepted in excess of the amount permitted by that | 4010 |
division. | 4011 |
(c) Any state political party that violates division | 4012 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 4013 |
an amount from its state candidate fund equal to three times the | 4014 |
amount accepted in excess of the amount permitted by that | 4015 |
division. | 4016 |
(3) Any legislative campaign fund that violates division | 4017 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 4018 |
amount equal to three times the amount accepted in excess of the | 4019 |
amount permitted by that division. | 4020 |
(4) Any political action committee or political contributing | 4021 |
entity that violates division (C)(7) of section 3517.102 of the | 4022 |
Revised Code shall be fined an amount equal to three times the | 4023 |
amount accepted in excess of the amount permitted by that | 4024 |
division. | 4025 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 4026 |
this section, no violation of division (C) of section 3517.102 of | 4027 |
the Revised Code occurs, and the secretary of state shall not | 4028 |
refer parties to the Ohio elections commission, if the amount | 4029 |
transferred or contributed in excess of the amount permitted to be | 4030 |
accepted by that division meets either of the following | 4031 |
conditions: | 4032 |
(a) It is completely refunded within five business days after | 4033 |
its acceptance. | 4034 |
(b) It is completely refunded on or before the tenth business | 4035 |
day after notification to the recipient of the excess transfer or | 4036 |
contribution by the board of elections or the secretary of state | 4037 |
that a transfer or contribution in excess of the permitted amount | 4038 |
has been received. | 4039 |
(K)(1) Any legislative campaign fund that violates division | 4040 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 4041 |
twenty-five dollars for each day of violation. | 4042 |
(2) Any legislative campaign fund that violates division | 4043 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 4044 |
treasurer of state for deposit into the state treasury to the | 4045 |
credit of the Ohio elections commission fund all excess | 4046 |
contributions not disposed of as required by division (E) of | 4047 |
section 3517.102 of the Revised Code. | 4048 |
(L) Whoever violates section 3517.105 of the Revised Code | 4049 |
shall be fined one thousand dollars. | 4050 |
(M)(1) Whoever solicits a contribution in violation of | 4051 |
section 3517.092 or violates division (B) of section 3517.09 of | 4052 |
the Revised Code is guilty of a misdemeanor of the first degree. | 4053 |
(2) Whoever knowingly accepts a contribution in violation of | 4054 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 4055 |
be fined an amount equal to three times the amount accepted in | 4056 |
violation of either of those divisions and shall return to the | 4057 |
contributor any amount so accepted. Whoever unknowingly accepts a | 4058 |
contribution in violation of division (B) or (C) of section | 4059 |
3517.092 of the Revised Code shall return to the contributor any | 4060 |
amount so accepted. | 4061 |
(N) Whoever violates division (S) of section 3517.13 of the | 4062 |
Revised Code shall be fined an amount equal to three times the | 4063 |
amount of funds transferred or three times the value of the assets | 4064 |
transferred in violation of that division. | 4065 |
(O) Any campaign committee that accepts a contribution or | 4066 |
contributions in violation of section 3517.108 of the Revised | 4067 |
Code, uses a contribution in violation of that section, or fails | 4068 |
to dispose of excess contributions in violation of that section | 4069 |
shall be fined an amount equal to three times the amount accepted, | 4070 |
used, or kept in violation of that section. | 4071 |
(P) Any political party, state candidate fund, legislative | 4072 |
candidate fund, or campaign committee that violates division (T) | 4073 |
of section 3517.13 of the Revised Code shall be fined an amount | 4074 |
equal to three times the amount contributed or accepted in | 4075 |
violation of that section. | 4076 |
(Q) A treasurer of a committee or another person who violates | 4077 |
division (U) of section 3517.13 of the Revised Code shall be fined | 4078 |
not more than two hundred fifty dollars. | 4079 |
(R) Whoever violates division (I) or (J) of section 3517.13 | 4080 |
of the Revised Code shall be fined not more than one thousand | 4081 |
dollars. Whenever a person is found guilty of violating division | 4082 |
(I) or (J) of section 3517.13 of the Revised Code, the contract | 4083 |
awarded in violation of either of those divisions shall be | 4084 |
rescinded if its terms have not yet been performed. | 4085 |
(S) A candidate whose campaign committee violates or a | 4086 |
treasurer of a campaign committee who violates section 3517.081 of | 4087 |
the Revised Code, and a candidate whose campaign committee | 4088 |
violates or a treasurer of a campaign committee or another person | 4089 |
who violates division (C) of section 3517.10 of the Revised Code, | 4090 |
shall be fined not more than five hundred dollars. | 4091 |
(T) A candidate whose campaign committee violates or a | 4092 |
treasurer of a committee who violates division (B) of section | 4093 |
3517.09 of the Revised Code, or a candidate whose campaign | 4094 |
committee violates or a treasurer of a campaign committee or | 4095 |
another person who violates division (C) of section 3517.09 of the | 4096 |
Revised Code shall be fined not more than one thousand dollars. | 4097 |
(U) Whoever violates section 3517.20 of the Revised Code | 4098 |
shall be fined not more than five hundred dollars. | 4099 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 4100 |
Revised Code shall be imprisoned for not more than six months or | 4101 |
fined not more than five thousand dollars, or both. | 4102 |
(W) A campaign committee that is required to file a | 4103 |
declaration of no limits under division (D)(2) of section 3517.103 | 4104 |
of the Revised Code that, before filing that declaration, accepts | 4105 |
a contribution or contributions that exceed the limitations | 4106 |
prescribed in section 3517.102 of the Revised Code, shall return | 4107 |
that contribution or those contributions to the contributor. | 4108 |
(X) Any campaign committee that fails to file the declaration | 4109 |
of filing-day finances required by division (F) of section | 4110 |
3517.109 or the declaration of primary-day finances or declaration | 4111 |
of year-end finances required by division (E) of section 3517.1010 | 4112 |
of the Revised Code shall be fined twenty-five dollars for each | 4113 |
day of violation. | 4114 |
(Y) Any campaign committee that fails to dispose of excess | 4115 |
funds or excess aggregate contributions under division (B) of | 4116 |
section 3517.109 of the Revised Code in the manner required by | 4117 |
division (C) of that section or under division (B) of section | 4118 |
3517.1010 of the Revised Code in the manner required by division | 4119 |
(C) of that section shall give to the treasurer of state for | 4120 |
deposit into the Ohio elections commission fund created under | 4121 |
division (I) of section 3517.152 of the Revised Code all funds not | 4122 |
disposed of pursuant to those divisions. | 4123 |
(Z) Any individual, campaign committee, political action | 4124 |
committee, political contributing entity, legislative campaign | 4125 |
fund, political party, or other entity that violates any provision | 4126 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 4127 |
penalty is provided for under any other division of this section | 4128 |
shall be fined not more than one thousand dollars. | 4129 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 4130 |
3517.13 of the Revised Code shall be fined an amount equal to | 4131 |
three times the amount contributed, expended, or promised in | 4132 |
violation of that division or ten thousand dollars, whichever | 4133 |
amount is greater. | 4134 |
(2) Whoever knowingly violates division (W)(2) of section | 4135 |
3517.13 of the Revised Code shall be fined an amount equal to | 4136 |
three times the amount solicited or accepted in violation of that | 4137 |
division or ten thousand dollars, whichever amount is greater. | 4138 |
(BB) Whoever knowingly violates division (C) or (D) of | 4139 |
section 3517.1011 of the Revised Code shall be fined not more than | 4140 |
ten thousand dollars plus not more than one thousand dollars for | 4141 |
each day of violation. | 4142 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 4143 |
violates division (H) of section 3517.1011 of the Revised Code | 4144 |
shall be fined an amount up to three times the amount disbursed | 4145 |
for the direct costs of airing the communication made in violation | 4146 |
of that division. | 4147 |
(2) Whoever has been ordered by the Ohio elections commission | 4148 |
or by a court of competent jurisdiction to cease making | 4149 |
communications in violation of division (H) of section 3517.1011 | 4150 |
of the Revised Code who again violates that division shall be | 4151 |
fined an amount equal to three times the amount disbursed for the | 4152 |
direct costs of airing the communication made in violation of that | 4153 |
division. | 4154 |
(DD)(1) Any corporation or labor organization that violates | 4155 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 4156 |
fined an amount equal to three times the amount given in excess of | 4157 |
the amount permitted by that division. | 4158 |
(2) Any state or county political party that violates | 4159 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 4160 |
fined an amount equal to three times the amount accepted in excess | 4161 |
of the amount permitted by that division. | 4162 |
Section 2. That existing sections 102.03, 2921.01, 2921.43, | 4163 |
3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105, | 4164 |
3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152, | 4165 |
3517.155, 3517.20, 3517.23, and 3517.992 of the Revised Code are | 4166 |
hereby repealed. | 4167 |
Section 3. This act is hereby declared to be an emergency | 4168 |
measure necessary for the immediate preservation of the public | 4169 |
peace, health, and safety. The reason for the necessity is that | 4170 |
the Court of Common Pleas of Franklin County has issued a | 4171 |
preliminary injunction prohibiting the enforcement of section | 4172 |
3599.03 of the Revised Code, as enacted by Am. Sub. H.B. 1 of the | 4173 |
125th General Assembly, Special Session, in United Auto Workers | 4174 |
Local Union 1112 v. Blackwell (March 30, 2005), Case No. | 4175 |
O5CVH-03-2553. Therefore, this act shall go into immediate effect. | 4176 |