H. B. No. 538 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 538

Representative Baker

A BILL

To amend sections 3517.155 and 3517.992 of the

Revised Code to increase from $5,000 to $100,000

the penalty for making a false statement in

campaign materials related to the nomination or

election of a statewide or General Assembly

candidate if additional publications of the

campaign materials containing the false statement

are made after a panel of the Elections Commission

has determined that there is probable cause to

believe that the campaign materials contain a

false statement, and to require the person who

made the false statement to pay the complainant's

reasonable attorney's fees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3517.155 and 3517.992 of the Revised	14
Code be amended to read as follows:	15

Sec. 3517.155. (A)(1) Except as otherwise provided in	16
division (B) of this section, the Ohio elections commission shall	17
hold its first hearing on a complaint filed with it, other than a	18
complaint that receives an expedited hearing under section	19
3517.156 of the Revised Code, not later than ninety business days	20
after the complaint is filed unless the commission has good cause	21
to hold the hearing after that time, in which case it shall hold	22
the hearing not later than one hundred eighty business days after	23
the complaint is filed. At the hearing, the commission shall	24
determine whether or not the failure to act or the violation	25
alleged in the complaint has occurred and shall do only one of the	26
following, except as otherwise provided in division (B) of this	27
section or in division (B) of section 3517.151 of the Revised	28
Code:	29

(a) Enter a finding that good cause has been shown not to	30
impose a fine or not to refer the matter to the appropriate	31
prosecutor;	32

(b) Impose a fine under section 3517.993 of the Revised Code;

(d) Direct the secretary of state or appropriate board of	35
elections with the authority to certify a candidate to the ballot	36
to remove a candidate's name from the ballot if the candidate is	37
barred from the ballot under division (D) of section 3517.1010 of	38
the Revised Code.	39

(2) As used in division (A) of this section, "appropriate	40
prosecutor" means a prosecutor as defined in section 2935.01 of	41
the Revised Code and either of the following:	42

(a) In the case of a failure to comply with or a violation of	43
law involving a campaign committee or the committee's candidate, a	44
political party, a legislative campaign fund, a political action	45
committee, or a political contributing entity, that is required to	46
file a statement of contributions and expenditures with the	47
secretary of state under division (A) of section 3517.11 of the	48
Revised Code, the prosecutor of Franklin county;	49

(b) In the case of a failure to comply with or a violation of	50
law involving any other campaign committee or committee's	51
candidate, or any other political party, political action	52
committee, or political contributing entity either of the	53
following as determined by the commission:	54

(i) The prosecutor of Franklin county;

(ii) The prosecutor of the county in which the candidacy or	56
ballot question or issue is submitted to the electors or, if it is	57
submitted in more than one county, the most populous of those	58
counties.	59

(B)(1) If the commission decides that the evidence is	60
insufficient for it to determine whether or not the failure to act	61
or the violation alleged in the complaint has occurred, the	62
commission, by the affirmative vote of five members, may request	63
that an investigatory attorney investigate the complaint. Upon	64
that request, an investigatory attorney shall make an	65
investigation in order to produce sufficient evidence for the	66
commission to decide the matter. If the commission requests an	67
investigation under this division, for good cause shown by the	68
investigatory attorney, the commission may extend by sixty days	69
the deadline for holding its first hearing on the complaint as	70
required in division (A) of this section.	71

(2) If all of the following apply, the commission shall	72
require a party who is fined under division (A)(1)(b) of this	73
section or referred for prosecution under division (A)(1)(c) of	74
this section, to also pay the reasonable attorney's fees of the	75
person who filed the complaint with the commission:	76

(a) The fine or referral for prosecution is made pursuant to	77
division (B) of section 3517.21 of the Revised Code for a false	78
statement;	79

(b) The false statement was made in regard to a campaign for	80
nomination or election to a statewide office or the office of	81
member of the general assembly;	82

(c) The commission determines that the violator made one or	83
more additional publications of the false statement after a panel	84
of the commission found probable cause to believe the statement	85
violated division (B) of section 3517.21 of the Revised Code.	86

(C) The commission shall take one of the actions required	87
under division (A) of this section not later than thirty days	88
after the close of all the evidence presented.	89

(D)(1) The commission shall make any finding of a failure to	90
comply with or a violation of law in regard to a complaint that	91
alleges a violation of division (D) of section 3517.1010, division	92
(A) or (B) of section 3517.21, or division (A) or (B) of section	93
3517.22 of the Revised Code by clear and convincing evidence. The	94
commission shall make any finding of a failure to comply with or a	95
violation of law in regard to any other complaint by a	96
preponderance of the evidence.	97

(2) If the commission finds a violation of division (B) of	98
section 3517.21 or division (B) of section 3517.22 of the Revised	99
Code, it shall refer the matter to the appropriate prosecutor	100
under division (A)(1)(c) of this section and shall not impose a	101
fine under division (A)(1)(b) of this section or section 3517.993	102
of the Revised Code.	103

(E) In an action before the commission or a panel of the	104
commission, if the allegations of the complainant are not proved,	105
and the commission takes the action described in division	106
(A)(1)(a) of this section or a panel of the commission takes the	107
action described in division (C)(1) of section 3517.156 of the	108
Revised Code, the commission or a panel of the commission may find	109
that the complaint is frivolous, and, if the commission or panel	110
so finds, the commission shall order the complainant to pay	111
reasonable attorney's fees and to pay the costs of the commission	112
or panel as determined by a majority of the members of the	113
commission. The costs paid to the commission or panel under this	114
division shall be deposited into the Ohio elections commission	115
fund.	116

Sec. 3517.992. This section establishes penalties only with	117
respect to acts or failures to act that occur on and after August	118
24, 1995.	119

(A)(1) A candidate whose campaign committee violates division	120
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	121
or a treasurer of a campaign committee who violates any of those	122
divisions, shall be fined not more than one hundred dollars for	123
each day of violation.	124

(2) Whoever violates division (E) or (X)(5) of section	125
3517.13 of the Revised Code shall be fined not more than one	126
hundred dollars for each day of violation.	127

(B) A political party that violates division (F)(1) of	128
section 3517.101 of the Revised Code shall be fined not more than	129
one hundred dollars for each day of violation.	130

(C) Whoever violates division (F)(2) of section 3517.101 or	131
division (G) of section 3517.13 of the Revised Code shall be fined	132
not more than ten thousand dollars or, if the offender is a person	133
who was nominated or elected to public office, shall forfeit the	134
nomination or the office to which the offender was elected, or	135
both.	136

(D) Whoever violates division (F) of section 3517.13 of the	137
Revised Code shall be fined not more than three times the amount	138
contributed.	139

(E) Whoever violates division (H) of section 3517.13 of the	140
Revised Code shall be fined not more than one hundred dollars.	141

(F) Whoever violates division (O), (P), or (Q) of section	142
3517.13 of the Revised Code is guilty of a misdemeanor of the	143
first degree.	144

(G) A state or county committee of a political party that	145
violates division (B)(1) of section 3517.18 of the Revised Code	146
shall be fined not more than twice the amount of the improper	147
expenditure.	148

(H) A state or county political party that violates division	149
(G) of section 3517.101 of the Revised Code shall be fined not	150
more than twice the amount of the improper expenditure or use.	151

(I)(1) Any individual who violates division (B)(1) of section	152
3517.102 of the Revised Code and knows that the contribution the	153
individual makes violates that division shall be fined an amount	154
equal to three times the amount contributed in excess of the	155
amount permitted by that division.	156

(2) Any political action committee that violates division	157
(B)(2) of section 3517.102 of the Revised Code shall be fined an	158
amount equal to three times the amount contributed in excess of	159
the amount permitted by that division.	160

(3) Any campaign committee that violates division (B)(3) or	161
(5) of section 3517.102 of the Revised Code shall be fined an	162
amount equal to three times the amount contributed in excess of	163
the amount permitted by that division.	164

(4)(a) Any legislative campaign fund that violates division	165
(B)(6) of section 3517.102 of the Revised Code shall be fined an	166
amount equal to three times the amount transferred or contributed	167
in excess of the amount permitted by that division, as applicable.	168

(b) Any state political party, county political party, or	169
state candidate fund of a state political party or county	170
political party that violates division (B)(6) of section 3517.102	171
of the Revised Code shall be fined an amount equal to three times	172
the amount transferred or contributed in excess of the amount	173
permitted by that division, as applicable.	174

(c) Any political contributing entity that violates division	175
(B)(7) of section 3517.102 of the Revised Code shall be fined an	176
amount equal to three times the amount contributed in excess of	177
the amount permitted by that division.	178

(5) Any political party that violates division (B)(4) of	179
section 3517.102 of the Revised Code shall be fined an amount	180
equal to three times the amount contributed in excess of the	181
amount permitted by that division.	182

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	183
of this section, no violation of division (B) of section 3517.102	184
of the Revised Code occurs, and the secretary of state shall not	185
refer parties to the Ohio elections commission, if the amount	186
transferred or contributed in excess of the amount permitted by	187
that division meets either of the following conditions:	188

(a) It is completely refunded within five business days after	189
it is accepted.	190

(b) It is completely refunded on or before the tenth business	191
day after notification to the recipient of the excess transfer or	192
contribution by the board of elections or the secretary of state	193
that a transfer or contribution in excess of the permitted amount	194
has been received.	195

(J)(1) Any campaign committee that violates division (C)(1),	196
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	197
fined an amount equal to three times the amount accepted in excess	198
of the amount permitted by that division.	199

(2)(a) Any county political party that violates division	200
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	201
shall be fined an amount equal to three times the amount accepted.	202

(b) Any county political party that violates division	203
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	204
fined an amount from its state candidate fund equal to three times	205
the amount accepted in excess of the amount permitted by that	206
division.	207

(c) Any state political party that violates division	208
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	209
an amount from its state candidate fund equal to three times the	210
amount accepted in excess of the amount permitted by that	211
division.	212

(3) Any legislative campaign fund that violates division	213
(C)(5) of section 3517.102 of the Revised Code shall be fined an	214
amount equal to three times the amount accepted in excess of the	215
amount permitted by that division.	216

(4) Any political action committee or political contributing	217
entity that violates division (C)(7) of section 3517.102 of the	218
Revised Code shall be fined an amount equal to three times the	219
amount accepted in excess of the amount permitted by that	220
division.	221

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	222
this section, no violation of division (C) of section 3517.102 of	223
the Revised Code occurs, and the secretary of state shall not	224
refer parties to the Ohio elections commission, if the amount	225
transferred or contributed in excess of the amount permitted to be	226
accepted by that division meets either of the following	227
conditions:	228

(a) It is completely refunded within five business days after	229
its acceptance.	230

(b) It is completely refunded on or before the tenth business	231
day after notification to the recipient of the excess transfer or	232
contribution by the board of elections or the secretary of state	233
that a transfer or contribution in excess of the permitted amount	234
has been received.	235

(K)(1) Any legislative campaign fund that violates division	236
(F)(1) of section 3517.102 of the Revised Code shall be fined	237
twenty-five dollars for each day of violation.	238

(2) Any legislative campaign fund that violates division	239
(F)(2) of section 3517.102 of the Revised Code shall give to the	240
treasurer of state for deposit into the state treasury to the	241
credit of the Ohio elections commission fund all excess	242
contributions not disposed of as required by division (E) of	243
section 3517.102 of the Revised Code.	244

(L) Whoever violates section 3517.105 of the Revised Code	245
shall be fined one thousand dollars.	246

(M)(1) Whoever solicits a contribution in violation of	247
section 3517.092 or violates division (B) of section 3517.09 of	248
the Revised Code is guilty of a misdemeanor of the first degree.	249

(2) Whoever knowingly accepts a contribution in violation of	250
division (B) or (C) of section 3517.092 of the Revised Code shall	251
be fined an amount equal to three times the amount accepted in	252
violation of either of those divisions and shall return to the	253
contributor any amount so accepted. Whoever unknowingly accepts a	254
contribution in violation of division (B) or (C) of section	255
3517.092 of the Revised Code shall return to the contributor any	256
amount so accepted.	257

(N) Whoever violates division (S) of section 3517.13 of the	258
Revised Code shall be fined an amount equal to three times the	259
amount of funds transferred or three times the value of the assets	260
transferred in violation of that division.	261

(O) Any campaign committee that accepts a contribution or	262
contributions in violation of section 3517.108 of the Revised	263
Code, uses a contribution in violation of that section, or fails	264
to dispose of excess contributions in violation of that section	265
shall be fined an amount equal to three times the amount accepted,	266
used, or kept in violation of that section.	267

(P) Any political party, state candidate fund, legislative	268
candidate fund, or campaign committee that violates division (T)	269
of section 3517.13 of the Revised Code shall be fined an amount	270
equal to three times the amount contributed or accepted in	271
violation of that section.	272

(Q) A treasurer of a committee or another person who violates	273
division (U) of section 3517.13 of the Revised Code shall be fined	274
not more than two hundred fifty dollars.	275

(R) Whoever violates division (I) or (J) of section 3517.13	276
of the Revised Code shall be fined not more than one thousand	277
dollars. Whenever a person is found guilty of violating division	278
(I) or (J) of section 3517.13 of the Revised Code, the contract	279
awarded in violation of either of those divisions shall be	280
rescinded if its terms have not yet been performed.	281

(S) A candidate whose campaign committee violates or a	282
treasurer of a campaign committee who violates section 3517.081 of	283
the Revised Code, and a candidate whose campaign committee	284
violates or a treasurer of a campaign committee or another person	285
who violates division (C) of section 3517.10 of the Revised Code,	286
shall be fined not more than five hundred dollars.	287

(T) A candidate whose campaign committee violates or a	288
treasurer of a committee who violates division (B) of section	289
3517.09 of the Revised Code, or a candidate whose campaign	290
committee violates or a treasurer of a campaign committee or	291
another person who violates division (C) of section 3517.09 of the	292
Revised Code shall be fined not more than one thousand dollars.	293

(U) Whoever violates section 3517.20 of the Revised Code	294
shall be fined not more than five hundred dollars.	295

(V) Whoever violates section 3517.21 or 3517.22 of the	296
Revised Code shall be imprisoned for not more than six months or	297
fined not more than five thousand dollars, or both. If the	298
violation involves a false statement made under division (B) of	299
section 3517.21 of the Revised Code, the false statement was made	300
in regard to a campaign for nomination or election to a statewide	301
office or the office of member of the general assembly, and the	302
violator made one or more additional publications of the false	303
statement after a panel of the elections commission found probable	304
cause to believe the statement violated that division, the	305
violator shall be imprisoned for not more than six months or fined	306
one hundred thousand dollars, or both, and the violator shall pay	307
the reasonable attorney's fees of the person filing the complaint.	308

(W) A campaign committee that is required to file a	309
declaration of no limits under division (D)(2) of section 3517.103	310
of the Revised Code that, before filing that declaration, accepts	311
a contribution or contributions that exceed the limitations	312
prescribed in section 3517.102 of the Revised Code, shall return	313
that contribution or those contributions to the contributor.	314

(X) Any campaign committee that fails to file the declaration	315
of filing-day finances required by division (F) of section	316
3517.109 or the declaration of primary-day finances or declaration	317
of year-end finances required by division (E) of section 3517.1010	318
of the Revised Code shall be fined twenty-five dollars for each	319
day of violation.	320

(Y) Any campaign committee that fails to dispose of excess	321
funds or excess aggregate contributions under division (B) of	322
section 3517.109 of the Revised Code in the manner required by	323
division (C) of that section or under division (B) of section	324
3517.1010 of the Revised Code in the manner required by division	325
(C) of that section shall give to the treasurer of state for	326
deposit into the Ohio elections commission fund created under	327
division (I) of section 3517.152 of the Revised Code all funds not	328
disposed of pursuant to those divisions.	329

(Z) Any individual, campaign committee, political action	330
committee, political contributing entity, legislative campaign	331
fund, political party, or other entity that violates any provision	332
of sections 3517.09 to 3517.12 of the Revised Code for which no	333
penalty is provided for under any other division of this section	334
shall be fined not more than one thousand dollars.	335

(AA)(1) Whoever knowingly violates division (W)(1) of section	336
3517.13 of the Revised Code shall be fined an amount equal to	337
three times the amount contributed, expended, or promised in	338
violation of that division or ten thousand dollars, whichever	339
amount is greater.	340

(2) Whoever knowingly violates division (W)(2) of section	341
3517.13 of the Revised Code shall be fined an amount equal to	342
three times the amount solicited or accepted in violation of that	343
division or ten thousand dollars, whichever amount is greater.	344

(BB) Whoever knowingly violates division (C) or (D) of	345
section 3517.1011 of the Revised Code shall be fined not more than	346
ten thousand dollars plus not more than one thousand dollars for	347
each day of violation.	348

(CC)(1) Subject to division (CC)(2) of this section, whoever	349
violates division (H) of section 3517.1011 of the Revised Code	350
shall be fined an amount up to three times the amount disbursed	351
for the direct costs of airing the communication made in violation	352
of that division.	353

(2) Whoever has been ordered by the Ohio elections commission	354
or by a court of competent jurisdiction to cease making	355
communications in violation of division (H) of section 3517.1011	356
of the Revised Code who again violates that division shall be	357
fined an amount equal to three times the amount disbursed for the	358
direct costs of airing the communication made in violation of that	359
division.	360

(DD)(1) Any corporation or labor organization that violates	361
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	362
fined an amount equal to three times the amount given in excess of	363
the amount permitted by that division.	364

(2) Any state or county political party that violates	365
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	366
fined an amount equal to three times the amount accepted in excess	367
of the amount permitted by that division.	368

Section 2. That existing sections 3517.155 and 3517.992 of	369
the Revised Code are hereby repealed.	370