Sec. 3517.01. (A)(1) A political party within the meaning of | 18 |
Title XXXV of the Revised Code is any group of voters that, at the | 19 |
most recent regular state election, polled for its candidate for | 20 |
governor in the state or nominees for presidential electors at | 21 |
least five per cent of the entire vote cast for that office or | 22 |
that filed with the secretary of state, subsequent to any election | 23 |
in which it received less than five per cent of that vote, a | 24 |
petition signed by qualified electors equal in number to at least | 25 |
one per cent of the total vote for governor or nominees for | 26 |
presidential electors at the most recent election, declaring their | 27 |
intention of organizing a political party, the name of which shall | 28 |
be stated in the declaration, and of participating in the | 29 |
succeeding primary election, held in even-numbered years, that | 30 |
occurs more than one hundred twenty days after the date of filing. | 31 |
No such group of electors shall assume a name or designation that | 32 |
is similar, in the opinion of the secretary of state, to that of | 33 |
an existing political party as to confuse or mislead the voters at | 34 |
an election. If any political party fails to cast five per cent of | 35 |
the total vote cast at an election for the office of governor or | 36 |
president, it shall cease to be a political party.
| 37 |
(3) "Candidate" has the same meaning as in division (H) of | 50 |
section 3501.01 of the Revised Code and also includes any person | 51 |
who, at any time before or after an election, receives | 52 |
contributions or makes expenditures or other use of contributions, | 53 |
has given consent for another to receive contributions or make | 54 |
expenditures or other use of contributions, or appoints a campaign | 55 |
treasurer, for the purpose of bringing about the person's | 56 |
nomination or election to public office. When two persons jointly | 57 |
seek the offices of governor and lieutenant governor, "candidate" | 58 |
means the pair of candidates jointly. "Candidate" does not include | 59 |
candidates for election to the offices of member of a county or | 60 |
state central committee, presidential elector, and delegate to a | 61 |
national convention or conference of a political party.
| 62 |
(4) "Continuing association" means an association, other than | 63 |
a campaign committee, political party, legislative campaign fund, | 64 |
political contributing entity, or labor organization, that is | 65 |
intended to be a permanent organization that has a primary purpose | 66 |
other than supporting or opposing specific candidates, political | 67 |
parties, or ballot issues, and that functions on a regular basis | 68 |
throughout the year. "Continuing association" includes | 69 |
organizations that are determined to be not organized for profit | 70 |
under subsection 501 and that are described in subsection | 71 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
| 72 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 73 |
of indebtedness, donation, advance, payment, or transfer of funds | 74 |
or anything of value, including a transfer of funds from an inter | 75 |
vivos or testamentary trust or decedent's estate, and the payment | 76 |
by any person other than the person to whom the services are | 77 |
rendered for the personal services of another person, which | 78 |
contribution is made, received, or used for the purpose of | 79 |
influencing the results of an election. Any loan, gift, deposit, | 80 |
forgiveness of indebtedness, donation, advance, payment, or | 81 |
transfer of funds or of anything of value, including a transfer of | 82 |
funds from an inter vivos or testamentary trust or decedent's | 83 |
estate, and the payment by any campaign committee, political | 84 |
action committee, legislative campaign fund, political party, | 85 |
political contributing entity, or person other than the person to | 86 |
whom the services are rendered for the personal services of | 87 |
another person, that is made, received, or used by a state or | 88 |
county political party, other than moneys a state or county | 89 |
political party receives from the Ohio political party fund | 90 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 91 |
state or county political party may receive under sections | 92 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 93 |
considered to be a "contribution" for the purpose of section | 94 |
3517.10 of the Revised Code and shall be included on a statement | 95 |
of contributions filed under that section.
| 96 |
(6) "Expenditure" means the disbursement or use of a | 119 |
contribution for the purpose of influencing the results of an | 120 |
election or of making a charitable donation under division (G) of | 121 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 122 |
contribution by a state or county political party is an | 123 |
expenditure and shall be considered either to be made for the | 124 |
purpose of influencing the results of an election or to be made as | 125 |
a charitable donation under division (G) of section 3517.08 of the | 126 |
Revised Code and shall be reported on a statement of expenditures | 127 |
filed under section 3517.10 of the Revised Code. During the thirty | 128 |
days preceding a primary or general election, any disbursement to | 129 |
pay the direct costs of producing or airing a broadcast, cable, or | 130 |
satellite communication that refers to a clearly identified | 131 |
candidate shall be considered to be made for the purpose of | 132 |
influencing the results of that election and shall be reported as | 133 |
an expenditure or as an independent expenditure under section | 134 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 135 |
that the information required to be reported regarding | 136 |
contributors for those expenditures or independent expenditures | 137 |
shall be the same as the information required to be reported under | 138 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
| 139 |
(8) "Political action committee" means a combination of two | 146 |
or more persons, the primary or major purpose of which is to | 147 |
support or oppose any candidate, political party, or issue, or to | 148 |
influence the result of any election through express advocacy, and | 149 |
that is not a political party, a campaign committee, a political | 150 |
contributing entity, or a legislative campaign fund. "Political | 151 |
action committee" does not include either of the following:
| 152 |
(16) "In-kind contribution" means anything of value other | 183 |
than money that is used to influence the results of an election or | 184 |
is transferred to or used in support of or in opposition to a | 185 |
candidate, campaign committee, legislative campaign fund, | 186 |
political party, political action committee, or political | 187 |
contributing entity and that is made with the consent of, in | 188 |
coordination, cooperation, or consultation with, or at the request | 189 |
or suggestion of the benefited candidate, committee, fund, party, | 190 |
or entity. The financing of the dissemination, distribution, or | 191 |
republication, in whole or part, of any broadcast or of any | 192 |
written, graphic, or other form of campaign materials prepared by | 193 |
the candidate, the candidate's campaign committee, or their | 194 |
authorized agents is an in-kind contribution to the candidate and | 195 |
an expenditure by the candidate.
| 196 |
(d) "Made in coordination, cooperation, or consultation with, | 216 |
or at the request or suggestion of, any candidate or the campaign | 217 |
committee or agent of the candidate" means made pursuant to any | 218 |
arrangement, coordination, or direction by the candidate, the | 219 |
candidate's campaign committee, or the candidate's agent prior to | 220 |
the publication, distribution, display, or broadcast of the | 221 |
communication. An expenditure is presumed to be so made when it is | 222 |
any of the following:
| 223 |
(18) "Labor organization" means a labor union; an employee | 244 |
organization; a federation of labor unions, groups, locals, or | 245 |
other employee organizations; an auxiliary of a labor union, | 246 |
employee organization, or federation of labor unions, groups, | 247 |
locals, or other employee organizations; or any other bona fide | 248 |
organization in which employees participate and that exists for | 249 |
the purpose, in whole or in part, of dealing with employers | 250 |
concerning grievances, labor disputes, wages, hours, and other | 251 |
terms and conditions of employment.
| 252 |
(25) "Political contributing entity" means any entity, | 270 |
including a corporation or labor organization, that may lawfully | 271 |
make contributions and expenditures and that is not an individual | 272 |
or a political action committee, continuing association, campaign | 273 |
committee, political party, legislative campaign fund, designated | 274 |
state campaign committee, or state candidate fund. For purposes of | 275 |
this division, "lawfully" means not prohibited by any section of | 276 |
the Revised Code, or authorized by a final judgment of a court of | 277 |
competent jurisdiction.
| 278 |
Sec. 3517.10. (A) Except as otherwise provided in this | 279 |
division, every campaign committee, political action committee, | 280 |
legislative campaign fund, political party, and political | 281 |
contributing entity that made or received a contribution or made | 282 |
an expenditure in connection with the nomination or election of | 283 |
any candidate or in connection with any ballot issue or question | 284 |
at any election held or to be held in this state shall file, on a | 285 |
form prescribed under this section or by electronic means of | 286 |
transmission as provided in this section and section 3517.106 of | 287 |
the Revised Code, a full, true, and itemized statement, made under | 288 |
penalty of election falsification, setting forth in detail the | 289 |
contributions and expenditures, not later than four p.m. of the | 290 |
following dates:
| 291 |
The statement required under division (A)(1) of this section | 316 |
shall not be required of any campaign committee, political action | 317 |
committee, legislative campaign fund, political party, or | 318 |
political contributing entity that has received contributions of | 319 |
less than one thousand dollars and has made expenditures of less | 320 |
than one thousand dollars at the close of business on the | 321 |
twentieth day before the election. Those contributions and | 322 |
expenditures shall be reported in the statement required under | 323 |
division (A)(2) of this section.
| 324 |
No statement under division (A)(3) of this section shall be | 338 |
required for any year in which a campaign committee, political | 339 |
action committee, legislative campaign fund, political party, or | 340 |
political contributing entity is required to file a postgeneral | 341 |
election statement under division (A)(2) of this section. However, | 342 |
a statement under division (A)(3) of this section may be filed, at | 343 |
the option of the campaign committee, political action committee, | 344 |
legislative campaign fund, political party, or political | 345 |
contributing entity.
| 346 |
Except as otherwise provided in this paragraph and in the | 352 |
next paragraph of this section, the only campaign committees | 353 |
required to file a statement under division (A)(4) of this section | 354 |
are the campaign committee of a statewide candidate and the | 355 |
campaign committee of a candidate for county office. The campaign | 356 |
committee of a candidate for any other nonjudicial office is | 357 |
required to file a statement under division (A)(4) of this section | 358 |
if that campaign committee receives, during that period, | 359 |
contributions exceeding ten thousand dollars.
| 360 |
No statement under division (A)(4) of this section shall be | 361 |
required of a campaign committee, a political action committee, a | 362 |
legislative campaign fund, a political party, or a political | 363 |
contributing entity for any year in which the campaign committee, | 364 |
political action committee, legislative campaign fund, political | 365 |
party, or political contributing entity is required to file a | 366 |
postprimary election statement under division (A)(2) of this | 367 |
section. However, a statement under division (A)(4) of this | 368 |
section may be filed at the option of the campaign committee, | 369 |
political action committee, legislative campaign fund, political | 370 |
party, or political contributing entity.
| 371 |
No statement under division (A)(3) or (4) of this section | 372 |
shall be required if the campaign committee, political action | 373 |
committee, legislative campaign fund, political party, or | 374 |
political contributing entity has no contributions that it has | 375 |
received and no expenditures that it has made since the last date | 376 |
reflected in its last previously filed statement. However, the | 377 |
campaign committee, political action committee, legislative | 378 |
campaign fund, political party, or political contributing entity | 379 |
shall file a statement to that effect, on a form prescribed under | 380 |
this section and made under penalty of election falsification, on | 381 |
the date required in division (A)(3) or (4) of this section, as | 382 |
applicable.
| 383 |
The campaign committee of a statewide candidate shall file a | 384 |
monthly statement of contributions received during each of the | 385 |
months of July, August, and September in the year of the general | 386 |
election in which the candidate seeks office. The campaign | 387 |
committee of a statewide candidate shall file the monthly | 388 |
statement not later than three business days after the last day of | 389 |
the month covered by the statement. During the period beginning on | 390 |
the nineteenth day before the general election in which a | 391 |
statewide candidate seeks election to office and extending through | 392 |
the day of that general election, each time the campaign committee | 393 |
of the joint candidates for the offices of governor and lieutenant | 394 |
governor or of a candidate for the office of secretary of state, | 395 |
auditor of state, treasurer of state, or attorney general receives | 396 |
a contribution from a contributor that causes the aggregate amount | 397 |
of contributions received from that contributor during that period | 398 |
to equal or exceed ten thousand dollars and each time the campaign | 399 |
committee of a candidate for the office of chief justice or | 400 |
justice of the supreme court receives a contribution from a | 401 |
contributor that causes the aggregate amount of contributions | 402 |
received from that contributor during that period to exceed ten | 403 |
thousand dollars, the campaign committee shall file a | 404 |
two-business-day statement reflecting that contribution. During | 405 |
the period beginning on the nineteenth day before a primary | 406 |
election in which a candidate for statewide office seeks | 407 |
nomination to office and extending through the day of that primary | 408 |
election, each time either the campaign committee of a statewide | 409 |
candidate in that primary election that files a notice under | 410 |
division (C)(1) of section 3517.103 of the Revised Code or the | 411 |
campaign committee of a statewide candidate in that primary | 412 |
election to which, in accordance with division (D) of section | 413 |
3517.103 of the Revised Code, the contribution limitations | 414 |
prescribed in section 3517.102 of the Revised Code no longer apply | 415 |
receives a contribution from a contributor that causes the | 416 |
aggregate amount of contributions received from that contributor | 417 |
during that period to exceed ten thousand dollars, the campaign | 418 |
committee shall file a two-business-day statement reflecting that | 419 |
contribution. Contributions reported on a two-business-day | 420 |
statement required to be filed by a campaign committee of a | 421 |
statewide candidate in a primary election shall also be included | 422 |
in the postprimary election statement required to be filed by that | 423 |
campaign committee under division (A)(2) of this section. A | 424 |
two-business-day statement required by this paragraph shall be | 425 |
filed not later than two business days after receipt of the | 426 |
contribution. The statements required by this paragraph shall be | 427 |
filed in addition to any other statements required by this | 428 |
section.
| 429 |
Subject to the secretary of state having implemented, tested, | 430 |
and verified the successful operation of any system the secretary | 431 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 432 |
this section and division (H)(1) of section 3517.106 of the | 433 |
Revised Code for the filing of campaign finance statements by | 434 |
electronic means of transmission, a campaign committee of a | 435 |
statewide candidate shall file a two-business-day statement under | 436 |
the preceding paragraph by electronic means of transmission if the | 437 |
campaign committee is required to file a pre-election, | 438 |
postelection, or monthly statement of contributions and | 439 |
expenditures by electronic means of transmission under this | 440 |
section or section 3517.106 of the Revised Code.
| 441 |
If a campaign committee or political action committee has no | 442 |
balance on hand and no outstanding obligations and desires to | 443 |
terminate itself, it shall file a statement to that effect, on a | 444 |
form prescribed under this section and made under penalty of | 445 |
election falsification, with the official with whom it files a | 446 |
statement under division (A) of this section after filing a final | 447 |
statement of contributions and a final statement of expenditures, | 448 |
if contributions have been received or expenditures made since the | 449 |
period reflected in its last previously filed statement.
| 450 |
(b)(i) The full name and address of each person, political | 469 |
party, campaign committee, legislative campaign fund, political | 470 |
action committee, or political contributing entity from whom | 471 |
contributions are received and the registration number assigned to | 472 |
the political action committee under division (D)(1) of this | 473 |
section. The requirement of filing the full address does not apply | 474 |
to any statement filed by a state or local committee of a | 475 |
political party, to a finance committee of such committee, or to a | 476 |
committee recognized by a state or local committee as its | 477 |
fund-raising auxiliary. Notwithstanding division (F) of this | 478 |
section, the requirement of filing the full address shall be | 479 |
considered as being met if the address filed is the same address | 480 |
the contributor provided under division (E)(1) of this section.
| 481 |
(ii) If a political action committee, political contributing | 482 |
entity, legislative campaign fund, or political party that is | 483 |
required to file campaign finance statements by electronic means | 484 |
of transmission under section 3517.106 of the Revised Code or a | 485 |
campaign committee of a statewide candidate or candidate for the | 486 |
office of member of the general assembly receives a contribution | 487 |
from an individual that exceeds one hundred dollars, the name of | 488 |
the individual's current employer, if any, or, if the individual | 489 |
is self-employed, the individual's occupation and the name of the | 490 |
individual's business, if any;
| 491 |
(iii) If a campaign committee of a statewide candidate or | 492 |
candidate for the office of member of the general assembly | 493 |
receives a contribution transmitted pursuant to section 3599.031 | 494 |
of the Revised Code from amounts deducted from the wages and | 495 |
salaries of two or more employees that exceeds in the aggregate | 496 |
one hundred dollars during any one filing period under division | 497 |
(A)(1), (2), (3), or (4) of this section, the full name of the | 498 |
employees' employer and the full name of the labor organization of | 499 |
which the employees are members, if any.
| 500 |
(e) A separately itemized account of all contributions and | 504 |
expenditures regardless of the amount, except a receipt of a | 505 |
contribution from a person in the sum of twenty-five dollars or | 506 |
less at one social or fund-raising activity and a receipt of a | 507 |
contribution transmitted pursuant to section 3599.031 of the | 508 |
Revised Code from amounts deducted from the wages and salaries of | 509 |
employees if the contribution from the amount deducted from the | 510 |
wages and salary of any one employee is twenty-five dollars or | 511 |
less aggregated in a calendar year. An account of the total | 512 |
contributions from each social or fund-raising activity shall | 513 |
include a description of and the value of each in-kind | 514 |
contribution received at that activity from any person who made | 515 |
one or more such contributions whose aggregate value exceeded two | 516 |
hundred fifty dollars and shall be listed separately, together | 517 |
with the expenses incurred and paid in connection with that | 518 |
activity. A campaign committee, political action committee, | 519 |
legislative campaign fund, political party, or political | 520 |
contributing entity shall keep records of contributions from each | 521 |
person in the amount of twenty-five dollars or less at one social | 522 |
or fund-raising activity and contributions from amounts deducted | 523 |
under section 3599.031 of the Revised Code from the wages and | 524 |
salary of each employee in the amount of twenty-five dollars or | 525 |
less aggregated in a calendar year. No continuing association that | 526 |
is recognized by a state or local committee of a political party | 527 |
as an auxiliary of the party and that makes a contribution from | 528 |
funds derived solely from regular dues paid by members of the | 529 |
auxiliary shall be required to list the name or address of any | 530 |
members who paid those dues.
| 531 |
(f) In the case of a campaign committee of a state elected | 537 |
officer, if a person doing business with the state elected officer | 538 |
in the officer's official capacity makes a contribution to the | 539 |
campaign committee of that officer, the information required under | 540 |
division (B)(4) of this section in regard to that contribution, | 541 |
which shall be filed together with and considered a part of the | 542 |
committee's statement of contributions as required under division | 543 |
(A) of this section but shall be filed on a separate form provided | 544 |
by the secretary of state. As used in this division:
| 545 |
(C)(1) The statement of contributions and expenditures shall | 564 |
be signed by the person completing the form. If a statement of | 565 |
contributions and expenditures is filed by electronic means of | 566 |
transmission pursuant to this section or section 3517.106 of the | 567 |
Revised Code, the electronic signature of the person who executes | 568 |
the statement and transmits the statement by electronic means of | 569 |
transmission, as provided in division (H) of section 3517.106 of | 570 |
the Revised Code, shall be attached to or associated with the | 571 |
statement and shall be binding on all persons and for all purposes | 572 |
under the campaign finance reporting law as if the signature had | 573 |
been handwritten in ink on a printed form.
| 574 |
(5) The campaign committee of any person who attempts to | 592 |
become a candidate and who, for any reason, does not become | 593 |
certified in accordance with Title XXXV of the Revised Code for | 594 |
placement on the official ballot of a primary, general, or special | 595 |
election to be held in this state, and who, at any time prior to | 596 |
or after an election, receives contributions or makes | 597 |
expenditures, or has given consent for another to receive | 598 |
contributions or make expenditures, for the purpose of bringing | 599 |
about the person's nomination or election to public office, shall | 600 |
file the statement or statements prescribed by this section and a | 601 |
termination statement, if applicable. Division (C)(5) of this | 602 |
section does not apply to any person with respect to an election | 603 |
to the offices of member of a county or state central committee, | 604 |
presidential elector, or delegate to a national convention or | 605 |
conference of a political party.
| 606 |
(b) The secretary of state shall prescribe the form for all | 612 |
statements required to be filed under this section and shall | 613 |
furnish the forms to the boards of elections in the several | 614 |
counties. The boards of elections shall supply printed copies of | 615 |
those forms without charge. The secretary of state shall prescribe | 616 |
the appropriate methodology, protocol, and data file structure for | 617 |
statements required or permitted to be filed by electronic means | 618 |
of transmission under division (A) of this section, divisions (E), | 619 |
(F), and (G) of section 3517.106, division (D) of section | 620 |
3517.1011, division (B) of section 3517.1012, and division (C) of | 621 |
section 3517.1013, and divisions (D) and (I) of section 3517.1014 | 622 |
of the Revised Code. Subject to division (A) of this section, | 623 |
divisions (E), (F), and (G) of section 3517.106, division (D) of | 624 |
section 3517.1011, division (B) of section 3517.1012, and division | 625 |
(C) of section 3517.1013, and divisions (D) and (I) of section | 626 |
3517.1014 of the Revised Code, the statements required to be | 627 |
stored on computer by the secretary of state under division (B) of | 628 |
section 3517.106 of the Revised Code shall be filed in whatever | 629 |
format the secretary of state considers necessary to enable the | 630 |
secretary of state to store the information contained in the | 631 |
statements on computer. Any such format shall be of a type and | 632 |
nature that is readily available to whoever is required to file | 633 |
the statements in that format.
| 634 |
(c) The secretary of state shall assess the need for training | 635 |
regarding the filing of campaign finance statements by electronic | 636 |
means of transmission and regarding associated technologies for | 637 |
candidates, campaign committees, political action committees, | 638 |
legislative campaign funds, political parties, or political | 639 |
contributing entities, for individuals, partnerships, or other | 640 |
entities, or for persons making disbursements to pay the direct | 641 |
costs of producing or airing electioneering communications, or for | 642 |
treasurers of transition funds, required or permitted to file | 643 |
statements by electronic means of transmission under this section | 644 |
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013, | 645 |
or 3517.1014 of the Revised Code. If, in the opinion of the | 646 |
secretary of state, training in these areas is necessary, the | 647 |
secretary of state shall arrange for the provision of voluntary | 648 |
training programs for candidates, campaign committees, political | 649 |
action committees, legislative campaign funds, political parties, | 650 |
or political contributing entities, for individuals, partnerships, | 651 |
and other entities, or for persons making disbursements to pay the | 652 |
direct costs of producing or airing electioneering communications,
| 653 |
or for treasurers of transition funds, as appropriate.
| 654 |
(D)(1) Prior to receiving a contribution or making an | 660 |
expenditure, every campaign committee, political action committee, | 661 |
legislative campaign fund, political party, or political | 662 |
contributing entity shall appoint a treasurer and shall file, on a | 663 |
form prescribed by the secretary of state, a designation of that | 664 |
appointment, including the full name and address of the treasurer | 665 |
and of the campaign committee, political action committee, | 666 |
legislative campaign fund, political party, or political | 667 |
contributing entity. That designation shall be filed with the | 668 |
official with whom the campaign committee, political action | 669 |
committee, legislative campaign fund, political party, or | 670 |
political contributing entity is required to file statements under | 671 |
section 3517.11 of the Revised Code. The name of a campaign | 672 |
committee shall include at least the last name of the campaign | 673 |
committee's candidate. If two or more candidates are the | 674 |
beneficiaries of a single campaign committee under division (B) of | 675 |
section 3517.081 of the Revised Code, the name of the campaign | 676 |
committee shall include at least the last name of each candidate | 677 |
who is a beneficiary of that campaign committee. The secretary of | 678 |
state shall assign a registration number to each political action | 679 |
committee that files a designation of the appointment of a | 680 |
treasurer under this division if the political action committee is | 681 |
required by division (A)(1) of section 3517.11 of the Revised Code | 682 |
to file the statements prescribed by this section with the | 683 |
secretary of state.
| 684 |
(c) A state or county political party may establish a state | 696 |
candidate fund that is separate from an account that contains the | 697 |
public moneys received from the Ohio political party fund under | 698 |
section 3517.17 of the Revised Code and from all other funds. A | 699 |
state or county political party may deposit into its state | 700 |
candidate fund any amounts of monetary contributions that are made | 701 |
to or accepted by the political party subject to the applicable | 702 |
limitations, if any, prescribed in section 3517.102 of the Revised | 703 |
Code. A state or county political party shall deposit all other | 704 |
monetary contributions received by the party into one or more | 705 |
accounts that are separate from its state candidate fund and from | 706 |
its account that contains the public moneys received from the Ohio | 707 |
political party fund under section 3517.17 of the Revised Code.
| 708 |
(d) Each state political party shall have only one | 709 |
legislative campaign fund for each house of the general assembly. | 710 |
Each such fund shall be separate from any other funds or accounts | 711 |
of that state party. A legislative campaign fund is authorized to | 712 |
receive contributions and make expenditures for the primary | 713 |
purpose of furthering the election of candidates who are members | 714 |
of that political party to the house of the general assembly with | 715 |
which that legislative campaign fund is associated. Each | 716 |
legislative campaign fund shall be administered and controlled in | 717 |
a manner designated by the caucus. As used in this division, | 718 |
"caucus" has the same meaning as in section 3517.01 of the Revised | 719 |
Code and includes, as an ex officio member, the chairperson of the | 720 |
state political party with which the caucus is associated or that | 721 |
chairperson's designee.
| 722 |
(b) The manner of preserving the contribution and | 744 |
expenditure, contribution and disbursement, deposit and | 745 |
disbursement, or gift and disbursement, or donation and | 746 |
disbursement information in the statements described in division | 747 |
(D)(6)(a) of this section. The secretary of state shall preserve | 748 |
the contribution and expenditure, contribution and disbursement, | 749 |
deposit and disbursement, or gift and disbursement, or donation | 750 |
and disbursement information in those statements for at least ten | 751 |
years after the year in which they are filed by electronic means | 752 |
of transmission.
| 753 |
(7) The secretary of state, pursuant to division (I) of | 754 |
section 3517.106 of the Revised Code, shall make available online | 755 |
to the public through the internet the contribution and | 756 |
expenditure, contribution and disbursement, deposit and | 757 |
disbursement, or gift and disbursement, or donation and | 758 |
disbursement information in all statements, all addenda, | 759 |
amendments, or other corrections to statements, and all amended | 760 |
statements filed with the secretary of state by electronic or | 761 |
other means of transmission under this section, division (B)(2)(b) | 762 |
or (C)(2)(b) of section 3517.105, or section 3517.106, 3517.1011, | 763 |
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code. | 764 |
The secretary of state may remove the information from the | 765 |
internet after a reasonable period of time.
| 766 |
(E)(1) Any person, political party, campaign committee, | 767 |
legislative campaign fund, political action committee, or | 768 |
political contributing entity that makes a contribution in | 769 |
connection with the nomination or election of any candidate or in | 770 |
connection with any ballot issue or question at any election held | 771 |
or to be held in this state shall provide its full name and | 772 |
address to the recipient of the contribution at the time the | 773 |
contribution is made. The political action committee also shall | 774 |
provide the registration number assigned to the committee under | 775 |
division (D)(1) of this section to the recipient of the | 776 |
contribution at the time the contribution is made.
| 777 |
(2) Any individual who makes a contribution that exceeds one | 778 |
hundred dollars to a political action committee, political | 779 |
contributing entity, legislative campaign fund, or political party | 780 |
or to a campaign committee of a statewide candidate or candidate | 781 |
for the office of member of the general assembly shall provide the | 782 |
name of the individual's current employer, if any, or, if the | 783 |
individual is self-employed, the individual's occupation and the | 784 |
name of the individual's business, if any, to the recipient of the | 785 |
contribution at the time the contribution is made. Sections | 786 |
3599.39 and 3599.40 of the Revised Code do not apply to division | 787 |
(E)(2) of this section.
| 788 |
(3) If a campaign committee shows that it has exercised its | 789 |
best efforts to obtain, maintain, and submit the information | 790 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 791 |
that committee is considered to have met the requirements of those | 792 |
divisions. A campaign committee shall not be considered to have | 793 |
exercised its best efforts unless, in connection with written | 794 |
solicitations, it regularly includes a written request for the | 795 |
information required under division (B)(4)(b)(ii) of this section | 796 |
from the contributor or the information required under division | 797 |
(B)(4)(b)(iii) of this section from whoever transmits the | 798 |
contribution.
| 799 |
(c) If an address is required in this section, a campaign | 815 |
committee, political action committee, legislative campaign fund, | 816 |
political party, or political contributing entity may use the | 817 |
business or residence address of its treasurer or deputy | 818 |
treasurer. The post-office box number of the campaign committee, | 819 |
political action committee, legislative campaign fund, political | 820 |
party, or political contributing entity may be used in addition to | 821 |
that address.
| 822 |
(e) As used with regard to the reporting under this section | 832 |
of any expenditure, "address" means all of the following if they | 833 |
exist: apartment number, street, road, or highway name and number, | 834 |
rural delivery route number, city or village, state, and zip code | 835 |
as used in a person's post-office address, or post-office box. If | 836 |
an address concerning any expenditure is required in this section, | 837 |
a campaign committee, political action committee, legislative | 838 |
campaign fund, political party, or political contributing entity | 839 |
may use the business or residence address of its treasurer or | 840 |
deputy treasurer or its post-office box number.
| 841 |
(H)(1) Except as otherwise provided in division (H)(2) of | 857 |
this section, if, during the combined pre-election and | 858 |
postelection reporting periods for an election, a campaign | 859 |
committee has received contributions of five hundred dollars or | 860 |
less and has made expenditures in the total amount of five hundred | 861 |
dollars or less, it may file a statement to that effect, under | 862 |
penalty of election falsification, in lieu of the statement | 863 |
required by division (A)(2) of this section. The statement shall | 864 |
indicate the total amount of contributions received and the total | 865 |
amount of expenditures made during those combined reporting | 866 |
periods.
| 867 |
(2) In the case of a successful candidate at a primary | 868 |
election, if either the total contributions received by or the | 869 |
total expenditures made by the candidate's campaign committee | 870 |
during the preprimary, postprimary, pregeneral, and postgeneral | 871 |
election periods combined equal more than five hundred dollars, | 872 |
the campaign committee may file the statement under division | 873 |
(H)(1) of this section only for the primary election. The first | 874 |
statement that the campaign committee files in regard to the | 875 |
general election shall reflect all contributions received and all | 876 |
expenditures made during the preprimary and postprimary election | 877 |
periods.
| 878 |
(K)(1) In addition to filing a designation of appointment of | 931 |
a treasurer under division (D)(1) of this section, the campaign | 932 |
committee of any candidate for an elected municipal office that | 933 |
pays an annual amount of compensation of five thousand dollars or | 934 |
less, the campaign committee of any candidate for member of a | 935 |
board of education except member of the state board of education, | 936 |
or the campaign committee of any candidate for township trustee or | 937 |
township fiscal officer may sign, under penalty of election | 938 |
falsification, a certificate attesting that the committee will not | 939 |
accept contributions during an election period that exceed in the | 940 |
aggregate two thousand dollars from all contributors and one | 941 |
hundred dollars from any one individual, and that the campaign | 942 |
committee will not make expenditures during an election period | 943 |
that exceed in the aggregate two thousand dollars.
| 944 |
(3) If, after filing a certificate under division (K)(1) of | 954 |
this section, a campaign committee exceeds any of the limitations | 955 |
described in that division during an election period, the | 956 |
certificate is void and thereafter the campaign committee shall | 957 |
file the statements required by division (A) of this section. If | 958 |
the campaign committee has not previously filed a statement, then | 959 |
on the first statement the campaign committee is required to file | 960 |
under division (A) of this section after the committee's | 961 |
certificate is void, the committee shall report all contributions | 962 |
received and expenditures made from the time the candidate filed | 963 |
the candidate's declaration of candidacy and petition, nominating | 964 |
petition, or declaration of intent to be a write-in candidate.
| 965 |
(4) As used in division (K) of this section, "election | 966 |
period" means the period of time beginning on the day a person | 967 |
files a declaration of candidacy and petition, nominating | 968 |
petition, or declaration of intent to be a write-in candidate | 969 |
through the day of the election at which the person seeks | 970 |
nomination to office if the person is not elected to office, or, | 971 |
if the candidate was nominated in a primary election, the day of | 972 |
the election at which the candidate seeks office.
| 973 |
(L) A political contributing entity that receives | 974 |
contributions from the dues, membership fees, or other assessments | 975 |
of its members or from its officers, shareholders, and employees | 976 |
may report the aggregate amount of contributions received from | 977 |
those contributors and the number of individuals making those | 978 |
contributions, for each filing period under divisions (A)(1), (2), | 979 |
(3), and (4) of this section, rather than reporting information as | 980 |
required under division (B)(4) of this section, including, when | 981 |
applicable, the name of the current employer, if any, of a | 982 |
contributor whose contribution exceeds one hundred dollars or, if | 983 |
such a contributor is self-employed, the contributor's occupation | 984 |
and the name of the contributor's business, if any. Division | 985 |
(B)(4) of this section applies to a political contributing entity | 986 |
with regard to contributions it receives from all other | 987 |
contributors.
| 988 |
(C)(1) The secretary of state shall make available to the | 1033 |
campaign committees, political action committees, political | 1034 |
contributing entities, legislative campaign funds, political | 1035 |
parties, individuals, partnerships, corporations, labor | 1036 |
organizations, treasurers of transition funds, and other entities | 1037 |
described in division (B) of this section, and to members of the | 1038 |
news media and other interested persons, for a reasonable fee, | 1039 |
computer programs that are compatible with the secretary of | 1040 |
state's method of storing the information contained in the | 1041 |
statements.
| 1042 |
(E)(1) Subject to division (L) of this section and subject to | 1053 |
the secretary of state having implemented, tested, and verified | 1054 |
the successful operation of any system the secretary of state | 1055 |
prescribes pursuant to division (H)(1) of this section and | 1056 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 1057 |
Code for the filing of campaign finance statements by electronic | 1058 |
means of transmission, the campaign committee of each candidate | 1059 |
for statewide office may file the statements prescribed by section | 1060 |
3517.10 of the Revised Code by electronic means of transmission | 1061 |
or, if the total amount of the contributions received or the total | 1062 |
amount of the expenditures made by the campaign committee for the | 1063 |
applicable reporting period as specified in division (A) of | 1064 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 1065 |
shall file those statements by electronic means of transmission.
| 1066 |
Except as otherwise provided in this division, within five | 1067 |
business days after a statement filed by a campaign committee of a | 1068 |
candidate for statewide office is received by the secretary of | 1069 |
state by electronic or other means of transmission, the secretary | 1070 |
of state shall make available online to the public through the | 1071 |
internet, as provided in division (I) of this section, the | 1072 |
contribution and expenditure information in that statement. The | 1073 |
secretary of state shall not make available online to the public | 1074 |
through the internet any contribution or expenditure information | 1075 |
contained in a statement for any candidate until the secretary of | 1076 |
state is able to make available online to the public through the | 1077 |
internet the contribution and expenditure information for all | 1078 |
candidates for a particular office, or until the applicable filing | 1079 |
deadline for that statement has passed, whichever is sooner. As | 1080 |
soon as the secretary of state has available all of the | 1081 |
contribution and expenditure information for all candidates for a | 1082 |
particular office, or as soon as the applicable filing deadline | 1083 |
for a statement has passed, whichever is sooner, the secretary of | 1084 |
state shall simultaneously make available online to the public | 1085 |
through the internet the information for all candidates for that | 1086 |
office.
| 1087 |
(2) Subject to the secretary of state having implemented, | 1105 |
tested, and verified the successful operation of any system the | 1106 |
secretary of state prescribes pursuant to division (H)(1) of this | 1107 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 1108 |
the Revised Code for the filing of campaign finance statements by | 1109 |
electronic means of transmission, a political action committee and | 1110 |
a political contributing entity described in division (B)(1)(b) of | 1111 |
this section, a legislative campaign fund, and a state political | 1112 |
party may file the statements prescribed by section 3517.10 of the | 1113 |
Revised Code by electronic means of transmission or, if the total | 1114 |
amount of the contributions received or the total amount of the | 1115 |
expenditures made by the political action committee, political | 1116 |
contributing entity, legislative campaign fund, or state political | 1117 |
party for the applicable reporting period as specified in division | 1118 |
(A) of section 3517.10 of the Revised Code exceeds ten thousand | 1119 |
dollars, shall file those statements by electronic means of | 1120 |
transmission.
| 1121 |
Within five business days after a statement filed by a | 1122 |
political action committee or a political contributing entity | 1123 |
described in division (B)(1)(b) of this section, a legislative | 1124 |
campaign fund, or a state political party is received by the | 1125 |
secretary of state by electronic or other means of transmission, | 1126 |
the secretary of state shall make available online to the public | 1127 |
through the internet, as provided in division (I) of this section, | 1128 |
the contribution and expenditure information in that statement.
| 1129 |
If a statement filed by electronic means of transmission is | 1130 |
found to be incomplete or inaccurate after the examination of the | 1131 |
statement for completeness and accuracy pursuant to division | 1132 |
(B)(3)(a) of section 3517.11 of the Revised Code, the political | 1133 |
action committee, political contributing entity, legislative | 1134 |
campaign fund, or state political party shall file by electronic | 1135 |
means of transmission any addendum to the statement that provides | 1136 |
the information necessary to complete or correct the statement or, | 1137 |
if required by the secretary of state under that division, an | 1138 |
amended statement.
| 1139 |
Within five business days after the secretary of state | 1140 |
receives from a political action committee or a political | 1141 |
contributing entity described in division (B)(1)(b) of this | 1142 |
section, a legislative campaign fund, or a state political party | 1143 |
an addendum to the statement or an amended statement by electronic | 1144 |
or other means of transmission under this division or division | 1145 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 1146 |
state shall make the contribution and expenditure information in | 1147 |
the addendum or amended statement available online to the public | 1148 |
through the internet as provided in division (I) of this section.
| 1149 |
(3) Subject to the secretary of state having implemented, | 1150 |
tested, and verified the successful operation of any system the | 1151 |
secretary of state prescribes pursuant to division (H)(1) of this | 1152 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 1153 |
the Revised Code for the filing of campaign finance statements by | 1154 |
electronic means of transmission, a county political party shall | 1155 |
file the statements prescribed by section 3517.10 of the Revised | 1156 |
Code with respect to its state candidate fund by electronic means | 1157 |
of transmission to the office of the secretary of state.
| 1158 |
(F)(1) Subject to division (L) of this section and subject to | 1182 |
the secretary of state having implemented, tested, and verified | 1183 |
the successful operation of any system the secretary of state | 1184 |
prescribes pursuant to division (H)(1) of this section and | 1185 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 1186 |
Code for the filing of campaign finance statements by electronic | 1187 |
means of transmission, a campaign committee of a candidate for the | 1188 |
office of member of the general assembly or a campaign committee | 1189 |
of a candidate for the office of judge of a court of appeals may | 1190 |
file the statements prescribed by section 3517.10 of the Revised | 1191 |
Code in accordance with division (A)(2) of section 3517.11 of the | 1192 |
Revised Code or by electronic means of transmission to the office | 1193 |
of the secretary of state or, if the total amount of the | 1194 |
contributions received by the campaign committee for the | 1195 |
applicable reporting period as specified in division (A) of | 1196 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 1197 |
shall file those statements by electronic means of transmission to | 1198 |
the office of the secretary of state.
| 1199 |
Except as otherwise provided in this division, within five | 1200 |
business days after a statement filed by a campaign committee of a | 1201 |
candidate for the office of member of the general assembly or a | 1202 |
campaign committee of a candidate for the office of judge of a | 1203 |
court of appeals is received by the secretary of state by | 1204 |
electronic or other means of transmission, the secretary of state | 1205 |
shall make available online to the public through the internet, as | 1206 |
provided in division (I) of this section, the contribution and | 1207 |
expenditure information in that statement. The secretary of state | 1208 |
shall not make available online to the public through the internet | 1209 |
any contribution or expenditure information contained in a | 1210 |
statement for any candidate until the secretary of state is able | 1211 |
to make available online to the public through the internet the | 1212 |
contribution and expenditure information for all candidates for a | 1213 |
particular office, or until the applicable filing deadline for | 1214 |
that statement has passed, whichever is sooner. As soon as the | 1215 |
secretary of state has available all of the contribution and | 1216 |
expenditure information for all candidates for a particular | 1217 |
office, or as soon as the applicable filing deadline for a | 1218 |
statement has passed, whichever is sooner, the secretary of state | 1219 |
shall simultaneously make available online to the public through | 1220 |
the internet the information for all candidates for that office.
| 1221 |
If a statement filed by electronic means of transmission is | 1222 |
found to be incomplete or inaccurate after the examination of the | 1223 |
statement for completeness and accuracy pursuant to division | 1224 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 1225 |
committee shall file by electronic means of transmission to the | 1226 |
office of the secretary of state any addendum to the statement | 1227 |
that provides the information necessary to complete or correct the | 1228 |
statement or, if required by the secretary of state under that | 1229 |
division, an amended statement.
| 1230 |
Within five business days after the secretary of state | 1231 |
receives from a campaign committee of a candidate for the office | 1232 |
of member of the general assembly or a campaign committee of a | 1233 |
candidate for the office of judge of a court of appeals an | 1234 |
addendum to the statement or an amended statement by electronic or | 1235 |
other means of transmission under this division or division | 1236 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 1237 |
state shall make the contribution and expenditure information in | 1238 |
the addendum or amended statement available online to the public | 1239 |
through the internet as provided in division (I) of this section.
| 1240 |
(2) If a statement, addendum, or amended statement is not | 1241 |
filed by electronic means of transmission to the office of the | 1242 |
secretary of state but is filed by printed version only under | 1243 |
division (A)(2) of section 3517.11 of the Revised Code with the | 1244 |
appropriate board of elections, the campaign committee of a | 1245 |
candidate for the office of member of the general assembly or a | 1246 |
campaign committee of a candidate for the office of judge of a | 1247 |
court of appeals shall file two copies of the printed version of | 1248 |
the statement, addendum, or amended statement with the board of | 1249 |
elections. The board of elections shall send one of those copies | 1250 |
by certified mail to the secretary of state before the close of | 1251 |
business on the day the board of elections receives the statement, | 1252 |
addendum, or amended statement.
| 1253 |
(G) Subject to the secretary of state having implemented, | 1254 |
tested, and verified the successful operation of any system the | 1255 |
secretary of state prescribes pursuant to division (H)(1) of this | 1256 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 1257 |
the Revised Code for the filing of campaign finance statements by | 1258 |
electronic means of transmission, any individual, partnership, or | 1259 |
other entity that makes independent expenditures in support of or | 1260 |
opposition to a statewide candidate or a statewide ballot issue or | 1261 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section | 1262 |
3517.105 of the Revised Code may file the statement specified in | 1263 |
that division by electronic means of transmission or, if the total | 1264 |
amount of independent expenditures made during the reporting | 1265 |
period under that division exceeds ten thousand dollars, shall | 1266 |
file the statement specified in that division by electronic means | 1267 |
of transmission.
| 1268 |
If a statement filed by electronic means of transmission is | 1275 |
found to be incomplete or inaccurate after the examination of the | 1276 |
statement for completeness and accuracy pursuant to division | 1277 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, | 1278 |
partnership, or other entity shall file by electronic means of | 1279 |
transmission any addendum to the statement that provides the | 1280 |
information necessary to complete or correct the statement or, if | 1281 |
required by the secretary of state under that division, an amended | 1282 |
statement.
| 1283 |
Within five business days after the secretary of state | 1284 |
receives from an individual, partnership, or other entity | 1285 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 | 1286 |
of the Revised Code an addendum to the statement or an amended | 1287 |
statement by electronic or other means of transmission under this | 1288 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 1289 |
Code, the secretary of state shall make the expenditure | 1290 |
information in the addendum or amended statement available online | 1291 |
to the public through the internet as provided in division (I) of | 1292 |
this section.
| 1293 |
(H)(1) The secretary of state, by rule adopted pursuant to | 1294 |
section 3517.23 of the Revised Code, shall prescribe one or more | 1295 |
techniques by which a person who executes and transmits by | 1296 |
electronic means a statement of contributions and expenditures, a | 1297 |
statement of independent expenditures, a disclosure of | 1298 |
electioneering communications statement, a deposit and | 1299 |
disbursement statement, or a gift and disbursement statement, or a | 1300 |
donation and disbursement statement, an addendum to any of those | 1301 |
statements, an amended statement of contributions and | 1302 |
expenditures, an amended statement of independent expenditures, | 1303 |
an amended disclosure of electioneering communications statement, | 1304 |
an amended deposit and disbursement statement, or an amended gift | 1305 |
and disbursement statement, or an amended donation and | 1306 |
disbursement statement, under this section or section 3517.10, | 1307 |
3517.105, 3517.1011, 3517.1012,
or 3517.1013, or 3517.1014 of the | 1308 |
Revised Code shall electronically sign the statement, addendum, | 1309 |
or amended statement. Any technique prescribed by the secretary | 1310 |
of state pursuant to this division shall create an electronic | 1311 |
signature that satisfies all of the following:
| 1312 |
(2) An electronic signature prescribed by the secretary of | 1322 |
state under division (H)(1) of this section shall be attached to | 1323 |
or associated with the statement of contributions and | 1324 |
expenditures, the statement of independent expenditures, the | 1325 |
disclosure of electioneering communications statement, the deposit | 1326 |
and disbursement statement, or the gift and disbursement | 1327 |
statement, or the donation and disbursement statement, the | 1328 |
addendum to any of those statements, the amended statement of | 1329 |
contributions and expenditures, the amended statement of | 1330 |
independent expenditures, the amended disclosure of | 1331 |
electioneering communications statement, the amended deposit and | 1332 |
disbursement statement, or the amended gift and disbursement | 1333 |
statement, or the amended donation and disbursement statement that | 1334 |
is executed and transmitted by electronic means by the person to | 1335 |
whom the electronic signature is attributed. The electronic | 1336 |
signature that is attached to or associated with the statement, | 1337 |
addendum, or amended statement under this division shall be | 1338 |
binding on all persons and for all purposes under the campaign | 1339 |
finance reporting law as if the signature had been handwritten in | 1340 |
ink on a printed form.
| 1341 |
(I) The secretary of state shall make the contribution and | 1342 |
expenditure, the contribution and disbursement, the deposit and | 1343 |
disbursement, or the gift and disbursement, or the donation and | 1344 |
disbursement information in all statements, all addenda to the | 1345 |
statements, and all amended statements that are filed with the | 1346 |
secretary of state by electronic or other means of transmission | 1347 |
under this section or section 3517.10, 3517.105, 3517.1011, | 1348 |
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code | 1349 |
available online to the public by any means that are searchable, | 1350 |
viewable, and accessible through the internet.
| 1351 |
(K) It is an affirmative defense to a complaint or charge | 1384 |
brought against any campaign committee, political action | 1385 |
committee, political contributing entity, legislative campaign | 1386 |
fund, or political party, any individual, partnership, or other | 1387 |
entity, or any person making disbursements to pay the direct costs | 1388 |
of producing or airing electioneering communications, or any | 1389 |
treasurer of a transition fund, for the failure to file by | 1390 |
electronic means of transmission a campaign finance statement as | 1391 |
required by this section or section 3517.10, 3517.105, 3517.1011, | 1392 |
3517.1012, or 3517.1013, or 3517.1014 of the Revised Code that all | 1393 |
of the following apply to the campaign committee, political | 1394 |
action committee, political contributing entity, legislative | 1395 |
campaign fund, or political party, the individual, partnership, | 1396 |
or other entity, or the person making disbursements to pay the | 1397 |
direct costs of producing or airing electioneering | 1398 |
communications, or the treasurer of a transition fund that failed | 1399 |
to so file:
| 1400 |
(1) The campaign committee, political action committee, | 1401 |
political contributing entity, legislative campaign fund, or | 1402 |
political party, the individual, partnership, or other entity, or | 1403 |
the person making disbursements to pay the direct costs of | 1404 |
producing or airing electioneering communications, or the | 1405 |
treasurer of a transition fund attempted to file by electronic | 1406 |
means of transmission the required statement prior to the deadline | 1407 |
set forth in the applicable section.
| 1408 |
(2) The campaign committee, political action committee, | 1409 |
political contributing entity, legislative campaign fund, or | 1410 |
political party, the individual, partnership, or other entity, or | 1411 |
the person making disbursements to pay the direct costs of | 1412 |
producing or airing electioneering communications, or the | 1413 |
treasurer of a transition fund was unable to file by electronic | 1414 |
means of transmission due to an expected or unexpected shutdown of | 1415 |
the whole or part of the electronic campaign finance | 1416 |
statement-filing system, such as for maintenance or because of | 1417 |
hardware, software, or network connection failure.
| 1418 |
(3) The campaign committee, political action committee, | 1419 |
political contributing entity, legislative campaign fund, or | 1420 |
political party, the individual, partnership, or other entity, or | 1421 |
the person making disbursements to pay the direct costs of | 1422 |
producing or airing electioneering communications, or the | 1423 |
treasurer of a transition fund filed by electronic means of | 1424 |
transmission the required statement within a reasonable period of | 1425 |
time after being unable to so file it under the circumstance | 1426 |
described in division (K)(2) of this section.
| 1427 |
(L)(1) The secretary of state shall adopt rules pursuant to | 1428 |
Chapter 119. of the Revised Code to permit a campaign committee of | 1429 |
a candidate for statewide office that makes expenditures of less | 1430 |
than twenty-five thousand dollars during the filing period or a | 1431 |
campaign committee for the office of member of the general | 1432 |
assembly or the office of judge of a court of appeals that would | 1433 |
otherwise be required to file campaign finance statements by | 1434 |
electronic means of transmission under division (E) or (F) of this | 1435 |
section to file those statements by paper with the office of the | 1436 |
secretary of state. Those rules shall provide for all of the | 1437 |
following:
| 1438 |
(f) If an eligible campaign committee whose candidate has | 1472 |
filed a notice in accordance with rules adopted under division | 1473 |
(L)(1)(d) of this section subsequently fails to file that | 1474 |
statement on paper by the applicable deadline established in rules | 1475 |
adopted under division (L)(1)(a) of this section, penalties for | 1476 |
the late filing of the campaign finance statement shall apply to | 1477 |
that campaign committee for each day after that paper filing | 1478 |
deadline, as if the campaign committee had filed the statement | 1479 |
after the applicable deadline set forth in division (A) of section | 1480 |
3517.10 of the Revised Code.
| 1481 |
(2) The process for permitting campaign committees that would | 1482 |
otherwise be required to file campaign finance statements by | 1483 |
electronic means of transmission to file those statements on paper | 1484 |
with the office of the secretary of state that is required to be | 1485 |
developed under division (L)(1) of this section shall be in effect | 1486 |
and available for use by eligible campaign committees for all | 1487 |
campaign finance statements that are required to be filed on or | 1488 |
after June 30, 2005. Notwithstanding any provision of the Revised | 1489 |
Code to the contrary, if the process the secretary of state is | 1490 |
required to develop under division (L)(1) of this section is not | 1491 |
in effect and available for use on and after June 30, 2005, all | 1492 |
penalties for the failure of campaign committees to file campaign | 1493 |
finance statements by electronic means of transmission shall be | 1494 |
suspended until such time as that process is in effect and | 1495 |
available for use.
| 1496 |
(3) The secretary of state shall specify, by rule, the form | 1714 |
of the termination statement required to be filed under division | 1715 |
(I)(1) or (2) of this section. The rule shall require that a copy | 1716 |
of all available statements from the bank or other financial | 1717 |
institution that held transition fund moneys be filed with the | 1718 |
termination statement. The bank or financial institution | 1719 |
statements shall contain a zero balance confirming that all | 1720 |
transition fund moneys were disposed of prior to the termination | 1721 |
of the transition fund. If final bank or financial institution | 1722 |
statements are not available at the time of the filing of the | 1723 |
termination statement, the rule shall require the treasurer of the | 1724 |
transition fund to do both of the following: | 1725 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for | 1736 |
statewide office or the state board of education, political action | 1737 |
committees or political contributing entities that make | 1738 |
contributions to campaign committees of candidates that are | 1739 |
required to file the statements prescribed by section 3517.10 of | 1740 |
the Revised Code with the secretary of state, political action | 1741 |
committees or political contributing entities that make | 1742 |
contributions to campaign committees of candidates for member of | 1743 |
the general assembly, political action committees or political | 1744 |
contributing entities that make contributions to state and | 1745 |
national political parties and to legislative campaign funds, | 1746 |
political action committees or political contributing entities | 1747 |
that receive contributions or make expenditures in connection with | 1748 |
a statewide ballot issue, political action committees or political | 1749 |
contributing entities that make contributions to other political | 1750 |
action committees or political contributing entities, political | 1751 |
parties, and campaign committees, except as set forth in division | 1752 |
(A)(3) of this section, legislative campaign funds, and state and | 1753 |
national political parties shall file the statements prescribed by | 1754 |
section 3517.10 of the Revised Code with the secretary of state.
| 1755 |
(b) A campaign committee of a candidate for office of member | 1762 |
of the general assembly or a campaign committee of a candidate for | 1763 |
the office of judge of a court of appeals shall file two copies of | 1764 |
the printed version of any statement, addendum, or amended | 1765 |
statement if the committee does not file pursuant to division | 1766 |
(F)(1) or (L) of section 3517.106 of the Revised Code but files by | 1767 |
printed version only with the appropriate board of elections. The | 1768 |
board of elections shall send one of those copies by certified | 1769 |
mail to the secretary of state before the close of business on | 1770 |
the day the board of elections receives the statement, addendum, | 1771 |
or amended statement.
| 1772 |
(3) Political action committees or political contributing | 1773 |
entities that only contribute to a county political party, | 1774 |
contribute to campaign committees of candidates whose nomination | 1775 |
or election is to be submitted only to electors within a county, | 1776 |
subdivision, or district, excluding candidates for member of the | 1777 |
general assembly, and receive contributions or make expenditures | 1778 |
in connection with ballot questions or issues to be submitted only | 1779 |
to electors within a county, subdivision, or district shall file | 1780 |
the statements prescribed by section 3517.10 of the Revised Code | 1781 |
with the board of elections in that county or in the county | 1782 |
contained in whole or part within the subdivision or district | 1783 |
having a population greater than that of any other county | 1784 |
contained in whole or part within that subdivision or district, as | 1785 |
the case may be.
| 1786 |
(2) On or before the tenth day before the dates on which | 1799 |
statements are required to be filed by section 3517.10 of the | 1800 |
Revised Code, every candidate subject to the provisions of this | 1801 |
section and sections 3517.10 and 3517.106 of the Revised Code | 1802 |
shall be notified of the requirements and applicable penalties of | 1803 |
those sections. The secretary of state, by certified mail, return | 1804 |
receipt requested, shall notify all candidates required to file | 1805 |
those statements with the secretary of state's office. The board | 1806 |
of elections of every county shall notify by first class mail any | 1807 |
candidate who has personally appeared at the office of the board | 1808 |
on or before the tenth day before the statements are required to | 1809 |
be filed and signed a form, to be provided by the secretary of | 1810 |
state, attesting that the candidate has been notified of the | 1811 |
candidate's obligations under the campaign finance law. The board | 1812 |
shall forward the completed form to the secretary of state. The | 1813 |
board shall use certified mail, return receipt requested, to | 1814 |
notify all other candidates required to file those statements with | 1815 |
it.
| 1816 |
(3)(a) Any statement required to be filed under sections | 1817 |
3517.081 to 3517.17 of the Revised Code that is found to be | 1818 |
incomplete or inaccurate by the officer to whom it is submitted | 1819 |
shall be accepted on a conditional basis, and the person who filed | 1820 |
it shall be notified by certified mail as to the incomplete or | 1821 |
inaccurate nature of the statement. The secretary of state may | 1822 |
examine statements filed for candidates for the office of member | 1823 |
of the general assembly and candidates for the office of judge of | 1824 |
a court of appeals for completeness and accuracy. The secretary of | 1825 |
state shall examine for completeness and accuracy statements that | 1826 |
campaign committees of candidates for the office of member of the | 1827 |
general assembly and campaign committees of candidates for the | 1828 |
office of judge of a court of appeals file pursuant to division | 1829 |
(F) or (L) of section 3517.106 of the Revised Code. If an officer | 1830 |
at the board of elections where a statement filed for a candidate | 1831 |
for the office of member of the general assembly or for a | 1832 |
candidate for the office of judge of a court of appeals was | 1833 |
submitted finds the statement to be incomplete or inaccurate, the | 1834 |
officer shall immediately notify the secretary of state of its | 1835 |
incomplete or inaccurate nature. If either an officer at the board | 1836 |
of elections or the secretary of state finds a statement filed for | 1837 |
a candidate for the office of member of the general assembly or | 1838 |
for a candidate for the office of judge of a court of appeals to | 1839 |
be incomplete or inaccurate, only the secretary of state shall | 1840 |
send the notification as to the incomplete or inaccurate nature of | 1841 |
the statement.
| 1842 |
Within twenty-one days after receipt of the notice, in the | 1843 |
case of a pre-election statement, a postelection statement, a | 1844 |
monthly statement, an annual statement, or a semiannual statement | 1845 |
prescribed by section 3517.10, an annual statement prescribed by | 1846 |
section 3517.101, or a statement prescribed by division (B)(2)(b) | 1847 |
or (C)(2)(b) of section 3517.105 or section 3517.107 of the | 1848 |
Revised Code, the recipient shall file an addendum, amendment, or | 1849 |
other correction to the statement providing the information | 1850 |
necessary to complete or correct the statement. The secretary of | 1851 |
state may require that, in lieu of filing an addendum, amendment, | 1852 |
or other correction to a statement that is filed by electronic | 1853 |
means of transmission to the office of the secretary of state | 1854 |
pursuant to section 3517.106 of the Revised Code, the recipient of | 1855 |
the notice described in this division file by electronic means of | 1856 |
transmission an amended statement that incorporates the | 1857 |
information necessary to complete or correct the statement.
| 1858 |
The provisions of sections 3517.10, 3517.106, 3517.1011, | 1878 |
3517.1012, and 3517.1013, and 3517.1014 of the Revised Code | 1879 |
pertaining to the filing of statements of contributions and | 1880 |
expenditures, statements of independent expenditures, disclosure | 1881 |
of electioneering communications statements, deposit and | 1882 |
disbursement statements,
and gift and disbursement statements, | 1883 |
and donation and disbursement statements by electronic means of | 1884 |
transmission apply to the filing of addenda, amendments, or other | 1885 |
corrections to those statements by electronic means of | 1886 |
transmission and the filing of amended statements by electronic | 1887 |
means of transmission.
| 1888 |
(b) Within five business days after the secretary of state | 1889 |
receives, by electronic or other means of transmission, an | 1890 |
addendum, amendment, or other correction to a statement or an | 1891 |
amended statement under division (B)(3)(a) of this section, the | 1892 |
secretary of state, pursuant to divisions (E), (F), (G), and (I) | 1893 |
of section 3517.106 or division (D) of section 3517.1011 of the | 1894 |
Revised Code, shall make the contribution and expenditure, | 1895 |
contribution and disbursement, deposit and disbursement, or gift | 1896 |
and disbursement, or donation and disbursement information in that | 1897 |
addendum, amendment, correction, or amended statement available | 1898 |
online to the public through the internet.
| 1899 |
(C)(1) In the event of a failure to file or a late filing of | 1914 |
a statement required to be filed under sections 3517.081 to | 1915 |
3517.17 of the Revised Code, or if a filed statement or any | 1916 |
addendum, amendment, or other correction to a statement or any | 1917 |
amended statement, if an addendum, amendment, or other correction | 1918 |
or an amended statement is required to be filed, is incomplete or | 1919 |
inaccurate or appears to disclose a failure to comply with or a | 1920 |
violation of law, the official whose duty it is to examine the | 1921 |
statement shall promptly file a complaint with the Ohio elections | 1922 |
commission under section 3517.153 of the Revised Code if the law | 1923 |
is one over which the commission has jurisdiction to hear | 1924 |
complaints, or the official shall promptly report the failure or | 1925 |
violation to the board of elections and the board shall promptly | 1926 |
report it to the prosecuting attorney in accordance with division | 1927 |
(J) of section 3501.11 of the Revised Code. If the official files | 1928 |
a complaint with the commission, the commission shall proceed in | 1929 |
accordance with sections 3517.154 to 3517.157 of the Revised Code.
| 1930 |
(2) For purposes of division (C)(1) of this section, a | 1931 |
statement or an addendum, amendment, or other correction to a | 1932 |
statement or an amended statement required to be filed under | 1933 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or | 1934 |
inaccurate under this section if the statement, addendum, | 1935 |
amendment, other correction, or amended statement fails to | 1936 |
disclose substantially all contributions or, gifts, or donations | 1937 |
that are received or deposits that are made that are required to | 1938 |
be reported under sections 3517.10, 3517.107, 3517.108, | 1939 |
3517.1011, 3517.1012, and 3517.1013, and 3517.1014 of the Revised | 1940 |
Code or if the statement, addendum, amendment, other correction, | 1941 |
or amended statement fails to disclose at least ninety per cent of | 1942 |
the total contributions or, gifts, or donations received or | 1943 |
deposits made or of the total expenditures or disbursements made | 1944 |
during the reporting period.
| 1945 |
Sec. 3517.153. (A) Upon the filing of a complaint with the | 1952 |
Ohio elections commission, which shall be made by affidavit of any | 1953 |
person, on personal knowledge, and subject to the penalties for | 1954 |
perjury, or upon the filing of a complaint made by the secretary | 1955 |
of state or an official at the board of elections, setting forth a | 1956 |
failure to comply with or a violation of any provision in sections | 1957 |
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, | 1958 |
or 3599.031 of the Revised Code, the commission shall proceed in | 1959 |
accordance with sections 3517.154 to 3517.157 of the Revised Code.
| 1960 |
(B) The commission shall prescribe the form for complaints | 1961 |
made under division (A) of this section. The secretary of state | 1962 |
and boards of elections shall furnish the information that the | 1963 |
commission requests. The commission or a member of the commission | 1964 |
may administer oaths, and the commission may issue subpoenas to | 1965 |
any person in the state compelling the attendance of witnesses and | 1966 |
the production of relevant papers, books, accounts, and reports. | 1967 |
Section 101.42 of the Revised Code governs the issuance of | 1968 |
subpoenas insofar as applicable. Upon the refusal of any person to | 1969 |
obey a subpoena or to be sworn or to answer as a witness, the | 1970 |
commission may apply to the court of common pleas of Franklin | 1971 |
county under section 2705.03 of the Revised Code. The court shall | 1972 |
hold proceedings in accordance with Chapter 2705. of the Revised | 1973 |
Code.
| 1974 |
(D) The commission may recommend legislation and render | 1982 |
advisory opinions concerning sections 3517.08, 3517.082, 3517.092, | 1983 |
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 | 1984 |
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons | 1985 |
over whose acts it has or may have jurisdiction. When the | 1986 |
commission renders an advisory opinion relating to a specific set | 1987 |
of circumstances involving any of those sections stating that | 1988 |
there is no violation of a provision in those sections, the person | 1989 |
to whom the opinion is directed or a person who is similarly | 1990 |
situated may reasonably rely on the opinion and is immune from | 1991 |
criminal prosecution and a civil action, including, without | 1992 |
limitation, a civil action for removal from public office or | 1993 |
employment, based on facts and circumstances covered by the | 1994 |
opinion.
| 1995 |
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio | 2002 |
elections commission shall review each complaint filed with the | 2003 |
commission under section 3517.153 of the Revised Code, shall | 2004 |
determine the nature of the complaint, and, unless division | 2005 |
(A)(2)(a) of this section requires that the complaint receive an | 2006 |
automatic expedited hearing, shall make a recommendation to the | 2007 |
commission for its disposition, in accordance with this section. | 2008 |
The attorney shall make the determination and the recommendation, | 2009 |
if required, not later than one business day after the complaint | 2010 |
is filed.
| 2011 |
(b) If the attorney determines that the complaint sets forth | 2022 |
a failure to comply with or a violation of division (G), (I), (J), | 2023 |
(O), (P), or (Q) of section 3517.13, division (A) of section | 2024 |
3517.21, or division (A) of section 3517.22 of the Revised Code | 2025 |
and that the complaint is filed during one of the periods of time | 2026 |
specified in division (B)(1) of section 3517.156 of the Revised | 2027 |
Code, the attorney shall recommend to the commission that the | 2028 |
complaint receive an expedited hearing under section 3517.156 of | 2029 |
the Revised Code, and the complaint shall receive such a hearing.
| 2030 |
(c) If the attorney determines that the complaint sets forth | 2031 |
a failure to comply with or a violation of a section of the | 2032 |
Revised Code over which the commission has jurisdiction to hear | 2033 |
complaints other than the sections described in divisions | 2034 |
(A)(2)(a) and (b) of this section, and unless the attorney makes a | 2035 |
determination as provided for in division (A)(3) of this section, | 2036 |
the attorney shall recommend to the commission that the complaint | 2037 |
be submitted to the commission under section 3517.155 of the | 2038 |
Revised Code. After the attorney makes that recommendation, the | 2039 |
attorney shall notify all parties to the complaint of the | 2040 |
attorney's recommendation.
| 2041 |
(ii) If the complaint involves a statement required to be | 2056 |
filed under section 3517.10, division (E) of section 3517.102, or | 2057 |
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109, | 2058 |
3517.1011, or 3517.1012, or 3517.1014 of the Revised Code or an | 2059 |
addendum required to be filed under section 3517.11 of the Revised | 2060 |
Code that is filed late, how late the filing is and how much time | 2061 |
has elapsed between the deadline for filing the statement or | 2062 |
addendum and the filing of the complaint;
| 2063 |
(iii) If the complaint involves contributions and | 2064 |
expenditures, contributions and disbursements, deposits and | 2065 |
disbursements, or gifts and disbursements, or donations and | 2066 |
disbursements required to be reported under section 3517.10, | 2067 |
division (E) of section 3517.102, or section 3517.105, 3517.107, | 2068 |
3517.108, 3517.109, 3517.1011, 3517.1012, or 3517.1013, or | 2069 |
3517.1014 of the Revised Code that are either not reported or | 2070 |
reported late, the number of contributions and expenditures, | 2071 |
contributions and disbursements, deposits and disbursements, or | 2072 |
gifts and disbursements, or donations and disbursements not | 2073 |
reported or how late they were reported;
| 2074 |
(4) The attorney may join two or more complaints if the | 2115 |
attorney determines that the allegations in each complaint are of | 2116 |
the same or similar character, are based on the same act or | 2117 |
failure to act, or are based on two or more acts or failures to | 2118 |
act constituting parts of a common scheme or plan. If one | 2119 |
complaint contains two or more allegations, the attorney may | 2120 |
separate the allegations if they are not of the same or similar | 2121 |
character, if they are not based on the same act or failure to | 2122 |
act, or if they are not based on two or more acts or failures to | 2123 |
act constituting parts of a common scheme or plan. If the attorney | 2124 |
separates the allegations in a complaint, the attorney may make | 2125 |
separate recommendations under division (A)(2) or (3) of this | 2126 |
section for each allegation.
| 2127 |
(B) Whenever a person or other entity files a complaint with | 2128 |
the commission setting forth a failure to comply with or a | 2129 |
violation of a section of the Revised Code as described in | 2130 |
division (A)(2)(c) of this section and the complaint is filed | 2131 |
during one of the periods of time specified in division (B)(1) of | 2132 |
section 3517.156 of the Revised Code, the person or entity may | 2133 |
request an expedited hearing under that section at the time the | 2134 |
complaint is filed. The attorney for the commission shall inform | 2135 |
the members of the commission of that request at the time the | 2136 |
attorney makes a recommendation under division (A) of this | 2137 |
section. The commission may grant the request for an expedited | 2138 |
hearing under this division if it determines that an expedited | 2139 |
hearing is practicable.
| 2140 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 2401 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 2402 |
3517.1012, division (B) of section 3517.1013, division (C)(1) of | 2403 |
section 3517.1014, and section 3599.031 of the Revised Code and | 2404 |
except as provided in divisions (D), (E), and (F) of this section, | 2405 |
no corporation, no nonprofit corporation, and no labor | 2406 |
organization, directly or indirectly, shall pay or use, or offer, | 2407 |
advise, consent, or agree to pay or use, the corporation's money | 2408 |
or property, or the labor organization's money, including dues, | 2409 |
initiation fees, or other assessments paid by members, or | 2410 |
property, for or in aid of or opposition to a political party, a | 2411 |
candidate for election or nomination to public office, a political | 2412 |
action committee including a political action committee of the | 2413 |
corporation or labor organization, a legislative campaign fund, or | 2414 |
any organization that supports or opposes any such candidate, or | 2415 |
for any partisan political purpose, shall violate any law | 2416 |
requiring the filing of an affidavit or statement respecting such | 2417 |
use of those funds, or shall pay or use the corporation's or labor | 2418 |
organization's money for the expenses of a social fund-raising | 2419 |
event for its political action committee if an employee's or labor | 2420 |
organization member's right to attend such an event is predicated | 2421 |
on the employee's or member's contribution to the corporation's or | 2422 |
labor organization's political action committee.
| 2423 |
(B)(1) No officer, stockholder, attorney, or agent of a | 2427 |
corporation or nonprofit corporation, no member, including an | 2428 |
officer, attorney, or agent, of a labor organization, and no | 2429 |
candidate, political party official, or other individual shall | 2430 |
knowingly aid, advise, solicit, or receive money or other property | 2431 |
in violation of division (A)(1) of this section.
| 2432 |
(C) A corporation, a nonprofit corporation, or a labor | 2436 |
organization may use its funds or property for or in aid of or | 2437 |
opposition to a proposed or certified ballot issue. Such use of | 2438 |
funds or property shall be reported on a form prescribed by the | 2439 |
secretary of state. Reports of contributions in connection with | 2440 |
statewide ballot issues shall be filed with the secretary of | 2441 |
state. Reports of contributions in connection with local issues | 2442 |
shall be filed with the board of elections of the most populous | 2443 |
county of the district in which the issue is submitted or to be | 2444 |
submitted to the electors. Reports made pursuant to this division | 2445 |
shall be filed by the times specified in divisions (A)(1) and (2) | 2446 |
of section 3517.10 of the Revised Code.
| 2447 |
(3) The use by a corporation or labor organization of its | 2475 |
money or property for communicating information for a purpose | 2476 |
specified in division (A) of this section is not a violation of | 2477 |
that division if it is not a communication made by mass broadcast | 2478 |
such as radio or television or made by advertising in a newspaper | 2479 |
of general circulation but is a communication sent exclusively to | 2480 |
members, employees, officers, or trustees of that labor | 2481 |
organization or shareholders, employees, officers, or directors of | 2482 |
that corporation or to members of the immediate families of any | 2483 |
such individuals or if the communication intended to be so sent | 2484 |
exclusively is unintentionally sent as well to a de minimis number | 2485 |
of other individuals.
| 2486 |