As Reported by the Committee of Conference

128th General Assembly
Regular Session
2009-2010
Am. Sub. H. B. No. 5


Representatives Okey, Dodd 

Cosponsors: Representatives Garrison, Ujvagi, Garland, Newcomb, Phillips, Murray, Williams, B., DeGeeter, Szollosi, Sayre, Schneider, Yuko, Luckie, Letson, Williams, S., Adams, R., Amstutz, Bacon, Baker, Balderson, Batchelder, Belcher, Blair, Blessing, Book, Boose, Boyd, Bubp, Burke, Carney, Celeste, Chandler, Coley, Combs, Daniels, DeBose, Derickson, Dolan, Domenick, Driehaus, Dyer, Evans, Fende, Foley, Gardner, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hall, Harris, Harwood, Heard, Hite, Hottinger, Jones, Jordan, Koziura, Lehner, Lundy, Maag, Mallory, Mandel, Martin, McClain, McGregor, Mecklenborg, Moran, Morgan, Oelslager, Otterman, Patten, Pillich, Pryor, Ruhl, Sears, Skindell, Slesnick, Snitchler, Stautberg, Stebelton, Stewart, Uecker, Wachtmann, Weddington, Winburn, Yates, Zehringer 

Senators Buehrer, Hughes, Patton, Widener 



A BILL
To amend sections 3517.01, 3517.10, 3517.106, 1
3517.11, 3517.153, 3517.154, 3517.992, and 3599.03 2
and to enact section 3517.1014 of the Revised Code 3
to permit individuals elected or appointed to 4
state office to establish transition funds to 5
receive donations and to make expenditures for 6
transition activities and inaugural celebrations, 7
to permit a board of elections that conducts a 8
special election on or before August 4, 2010, for 9
the purpose of nominating candidates for 10
congressional office to conduct that election with 11
a limited number of polling places, and to declare 12
an emergency. 13


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

       Section 1.  That sections 3517.01, 3517.10, 3517.106, 14
3517.11, 3517.153, 3517.154, 3517.992, and 3599.03 be amended and 15
section 3517.1014 of the Revised Code be enacted to read as 16
follows: 17

       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

       (2) A campaign committee shall be legally liable for any 38
debts, contracts, or expenditures incurred or executed in its 39
name. 40

       (B) Notwithstanding the definitions found in section 3501.01 41
of the Revised Code, as used in this section and sections 3517.08 42
to 3517.14, 3517.99, and 3517.992 of the Revised Code: 43

       (1) "Campaign committee" means a candidate or a combination 44
of two or more persons authorized by a candidate under section 45
3517.081 of the Revised Code to receive contributions and make 46
expenditures. 47

       (2) "Campaign treasurer" means an individual appointed by a 48
candidate under section 3517.081 of the Revised Code. 49

       (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

       "Contribution" does not include any of the following: 97

       (a) Services provided without compensation by individuals 98
volunteering a portion or all of their time on behalf of a person; 99

       (b) Ordinary home hospitality; 100

       (c) The personal expenses of a volunteer paid for by that 101
volunteer campaign worker; 102

       (d) Any gift given to a state or county political party 103
pursuant to section 3517.101 of the Revised Code. As used in 104
division (B)(5)(d) of this section, "political party" means only a 105
major political party; 106

       (e) Any contribution as defined in section 3517.1011 of the 107
Revised Code that is made, received, or used to pay the direct 108
costs of producing or airing an electioneering communication; 109

       (f) Any gift given to a state or county political party for 110
the party's restricted fund under division (A)(2) of section 111
3517.1012 of the Revised Code; 112

       (g) Any gift given to a state political party for deposit in 113
a Levin account pursuant to section 3517.1013 of the Revised Code. 114
As used in this division, "Levin account" has the same meaning as 115
in that section. 116

       (h) Any donation given to a transition fund under section 117
3517.1014 of the Revised Code.118

       (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

       As used in this division, "broadcast, cable, or satellite 140
communication" and "refers to a clearly identified candidate" have 141
the same meanings as in section 3517.1011 of the Revised Code. 142

       (7) "Personal expenses" includes, but is not limited to, 143
ordinary expenses for accommodations, clothing, food, personal 144
motor vehicle or airplane, and home telephone. 145

       (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

       (a) A continuing association that makes disbursements for the 153
direct costs of producing or airing electioneering communications 154
and that does not engage in express advocacy; 155

       (b) A political club that is formed primarily for social 156
purposes and that consists of one hundred members or less, has 157
officers and periodic meetings, has less than two thousand five 158
hundred dollars in its treasury at all times, and makes an 159
aggregate total contribution of one thousand dollars or less per 160
calendar year. 161

       (9) "Public office" means any state, county, municipal, 162
township, or district office, except an office of a political 163
party, that is filled by an election and the offices of United 164
States senator and representative. 165

       (10) "Anything of value" has the same meaning as in section 166
1.03 of the Revised Code. 167

       (11) "Beneficiary of a campaign fund" means a candidate, a 168
public official or employee for whose benefit a campaign fund 169
exists, and any other person who has ever been a candidate or 170
public official or employee and for whose benefit a campaign fund 171
exists. 172

       (12) "Campaign fund" means money or other property, including 173
contributions. 174

       (13) "Public official or employee" has the same meaning as in 175
section 102.01 of the Revised Code. 176

       (14) "Caucus" means all of the members of the house of 177
representatives or all of the members of the senate of the general 178
assembly who are members of the same political party. 179

       (15) "Legislative campaign fund" means a fund that is 180
established as an auxiliary of a state political party and 181
associated with one of the houses of the general assembly. 182

       (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

       (17) "Independent expenditure" means an expenditure by a 197
person advocating the election or defeat of an identified 198
candidate or candidates, that is not made with the consent of, in 199
coordination, cooperation, or consultation with, or at the request 200
or suggestion of any candidate or candidates or of the campaign 201
committee or agent of the candidate or candidates. As used in 202
division (B)(17) of this section: 203

       (a) "Person" means an individual, partnership, unincorporated 204
business organization or association, political action committee, 205
political contributing entity, separate segregated fund, 206
association, or other organization or group of persons, but not a 207
labor organization or a corporation unless the labor organization 208
or corporation is a political contributing entity. 209

       (b) "Advocating" means any communication containing a message 210
advocating election or defeat. 211

       (c) "Identified candidate" means that the name of the 212
candidate appears, a photograph or drawing of the candidate 213
appears, or the identity of the candidate is otherwise apparent by 214
unambiguous reference. 215

       (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

       (i) Based on information about the candidate's plans, 224
projects, or needs provided to the person making the expenditure 225
by the candidate, or by the candidate's campaign committee or 226
agent, with a view toward having an expenditure made; 227

       (ii) Made by or through any person who is, or has been, 228
authorized to raise or expend funds, who is, or has been, an 229
officer of the candidate's campaign committee, or who is, or has 230
been, receiving any form of compensation or reimbursement from the 231
candidate or the candidate's campaign committee or agent; 232

       (iii) Except as otherwise provided in division (D) of section 233
3517.105 of the Revised Code, made by a political party in support 234
of a candidate, unless the expenditure is made by a political 235
party to conduct voter registration or voter education efforts. 236

       (e) "Agent" means any person who has actual oral or written 237
authority, either express or implied, to make or to authorize the 238
making of expenditures on behalf of a candidate, or means any 239
person who has been placed in a position with the candidate's 240
campaign committee or organization such that it would reasonably 241
appear that in the ordinary course of campaign-related activities 242
the person may authorize expenditures. 243

       (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

       (19) "Separate segregated fund" means a separate segregated 253
fund established pursuant to the Federal Election Campaign Act. 254

       (20) "Federal Election Campaign Act" means the "Federal 255
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 256
seq., as amended. 257

       (21) "Restricted fund" means the fund a state or county 258
political party must establish under division (A)(1) of section 259
3517.1012 of the Revised Code. 260

       (22) "Electioneering communication" has the same meaning as 261
in section 3517.1011 of the Revised Code. 262

       (23) "Express advocacy" means a communication that contains 263
express words advocating the nomination, election, or defeat of a 264
candidate or that contains express words advocating the adoption 265
or defeat of a question or issue, as determined by a final 266
judgment of a court of competent jurisdiction. 267

       (24) "Political committee" has the same meaning as in section 268
3517.1011 of the Revised Code. 269

       (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

       (1) The twelfth day before the election to reflect 292
contributions received and expenditures made from the close of 293
business on the last day reflected in the last previously filed 294
statement, if any, to the close of business on the twentieth day 295
before the election; 296

       (2) The thirty-eighth day after the election to reflect the 297
contributions received and expenditures made from the close of 298
business on the last day reflected in the last previously filed 299
statement, if any, to the close of business on the seventh day 300
before the filing of the statement; 301

       (3) The last business day of January of every year to reflect 302
the contributions received and expenditures made from the close of 303
business on the last day reflected in the last previously filed 304
statement, if any, to the close of business on the last day of 305
December of the previous year; 306

       (4) The last business day of July of every year to reflect 307
the contributions received and expenditures made from the close of 308
business on the last day reflected in the last previously filed 309
statement, if any, to the close of business on the last day of 310
June of that year. 311

       A campaign committee shall only be required to file the 312
statements prescribed under divisions (A)(1) and (2) of this 313
section in connection with the nomination or election of the 314
committee's candidate. 315

       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

       If an election to select candidates to appear on the general 325
election ballot is held within sixty days before a general 326
election, the campaign committee of a successful candidate in the 327
earlier election may file the statement required by division 328
(A)(1) of this section for the general election instead of the 329
statement required by division (A)(2) of this section for the 330
earlier election if the pregeneral election statement reflects the 331
status of contributions and expenditures for the period twenty 332
days before the earlier election to twenty days before the general 333
election. 334

       If a person becomes a candidate less than twenty days before 335
an election, the candidate's campaign committee is not required to 336
file the statement required by division (A)(1) of this section. 337

       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

       No campaign committee of a candidate for the office of chief 347
justice or justice of the supreme court, and no campaign committee 348
of a candidate for the office of judge of any court in this state, 349
shall be required to file a statement under division (A)(4) of 350
this section. 351

       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) Except as otherwise provided in division (C)(7) of this 451
section, each statement required by division (A) of this section 452
shall contain the following information: 453

       (1) The full name and address of each campaign committee, 454
political action committee, legislative campaign fund, political 455
party, or political contributing entity, including any treasurer 456
of the committee, fund, party, or entity, filing a contribution 457
and expenditure statement; 458

       (2)(a) In the case of a campaign committee, the candidate's 459
full name and address; 460

       (b) In the case of a political action committee, the 461
registration number assigned to the committee under division 462
(D)(1) of this section. 463

       (3) The date of the election and whether it was or will be a 464
general, primary, or special election; 465

       (4) A statement of contributions received, which shall 466
include the following information: 467

       (a) The month, day, and year of the contribution; 468

       (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

       (c) A description of the contribution received, if other than 501
money; 502

       (d) The value in dollars and cents of the contribution; 503

       (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

       Contributions that are other income shall be itemized 532
separately from all other contributions. The information required 533
under division (B)(4) of this section shall be provided for all 534
other income itemized. As used in this paragraph, "other income" 535
means a loan, investment income, or interest income. 536

       (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

       (i) "State elected officer" has the same meaning as in 546
section 3517.092 of the Revised Code. 547

       (ii) "Person doing business" means a person or an officer of 548
an entity who enters into one or more contracts with a state 549
elected officer or anyone authorized to enter into contracts on 550
behalf of that officer to receive payments for goods or services, 551
if the payments total, in the aggregate, more than five thousand 552
dollars during a calendar year. 553

       (5) A statement of expenditures which shall include the 554
following information: 555

       (a) The month, day, and year of the expenditure; 556

       (b) The full name and address of each person, political 557
party, campaign committee, legislative campaign fund, political 558
action committee, or political contributing entity to whom the 559
expenditure was made and the registration number assigned to the 560
political action committee under division (D)(1) of this section; 561

       (c) The object or purpose for which the expenditure was made; 562

       (d) The amount of each expenditure. 563

       (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

       (2) The person filing the statement, under penalty of 575
election falsification, shall include with it a list of each 576
anonymous contribution, the circumstances under which it was 577
received, and the reason it cannot be attributed to a specific 578
donor. 579

       (3) Each statement of a campaign committee of a candidate who 580
holds public office shall contain a designation of each 581
contributor who is an employee in any unit or department under the 582
candidate's direct supervision and control. In a space provided in 583
the statement, the person filing the statement shall affirm that 584
each such contribution was voluntarily made. 585

       (4) A campaign committee that did not receive contributions 586
or make expenditures in connection with the nomination or election 587
of its candidate shall file a statement to that effect, on a form 588
prescribed under this section and made under penalty of election 589
falsification, on the date required in division (A)(2) of this 590
section. 591

       (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

       (6)(a) The statements required to be filed under this section 607
shall specify the balance in the hands of the campaign committee, 608
political action committee, legislative campaign fund, political 609
party, or political contributing entity and the disposition 610
intended to be made of that balance. 611

       (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 3517.1014622
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

       (7) Each monthly statement and each two-business-day 655
statement required by division (A) of this section shall contain 656
the information required by divisions (B)(1) to (4), (C)(2), and, 657
if appropriate, (C)(3) of this section. Each statement shall be 658
signed as required by division (C)(1) of this section. 659

       (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

       (2) The treasurer appointed under division (D)(1) of this 685
section shall keep a strict account of all contributions, from 686
whom received and the purpose for which they were disbursed. 687

       (3)(a) Except as otherwise provided in section 3517.108 of 688
the Revised Code, a campaign committee shall deposit all monetary 689
contributions received by the committee into an account separate 690
from a personal or business account of the candidate or campaign 691
committee. 692

       (b) A political action committee shall deposit all monetary 693
contributions received by the committee into an account separate 694
from all other funds. 695

       (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

       (4) Every expenditure in excess of twenty-five dollars shall 723
be vouched for by a receipted bill, stating the purpose of the 724
expenditure, that shall be filed with the statement of 725
expenditures. A canceled check with a notation of the purpose of 726
the expenditure is a receipted bill for purposes of division 727
(D)(4) of this section. 728

       (5) The secretary of state or the board of elections, as the 729
case may be, shall issue a receipt for each statement filed under 730
this section and shall preserve a copy of the receipt for a period 731
of at least six years. All statements filed under this section 732
shall be open to public inspection in the office where they are 733
filed and shall be carefully preserved for a period of at least 734
six years after the year in which they are filed. 735

       (6) The secretary of state, by rule adopted pursuant to 736
section 3517.23 of the Revised Code, shall prescribe both of the 737
following: 738

       (a) The manner of immediately acknowledging, with date and 739
time received, and preserving the receipt of statements that are 740
transmitted by electronic means of transmission to the secretary 741
of state pursuant to this section or section 3517.106, 3517.1011, 742
3517.1012, or 3517.1013, or 3517.1014 of the Revised Code; 743

       (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

       (4) Any check that a political action committee uses to make 800
a contribution or an expenditure shall contain the full name and 801
address of the committee and the registration number assigned to 802
the committee under division (D)(1) of this section. 803

       (F) As used in this section: 804

       (1)(a) Except as otherwise provided in division (F)(1) of 805
this section, "address" means all of the following if they exist: 806
apartment number, street, road, or highway name and number, rural 807
delivery route number, city or village, state, and zip code as 808
used in a person's post-office address, but not post-office box. 809

        (b) Except as otherwise provided in division (F)(1) of this 810
section, if an address is required in this section, a post-office 811
box and office, room, or suite number may be included in addition 812
to, but not in lieu of, an apartment, street, road, or highway 813
name and number. 814

        (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

       (d) For the sole purpose of a campaign committee's reporting 823
of contributions on a statement of contributions received under 824
division (B)(4) of this section, "address" has one of the 825
following meanings at the option of the campaign committee: 826

       (i) The same meaning as in division (F)(1)(a) of this 827
section; 828

       (ii) All of the following, if they exist: the contributor's 829
post-office box number and city or village, state, and zip code as 830
used in the contributor's post-office address. 831

       (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

       (2) "Statewide candidate" means the joint candidates for the 842
offices of governor and lieutenant governor or a candidate for the 843
office of secretary of state, auditor of state, treasurer of 844
state, attorney general, member of the state board of education, 845
chief justice of the supreme court, or justice of the supreme 846
court. 847

       (3) "Candidate for county office" means a candidate for the 848
office of county auditor, county treasurer, clerk of the court of 849
common pleas, judge of the court of common pleas, sheriff, county 850
recorder, county engineer, county commissioner, prosecuting 851
attorney, or coroner. 852

       (G) An independent expenditure shall be reported whenever and 853
in the same manner that an expenditure is required to be reported 854
under this section and shall be reported pursuant to division 855
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. 856

       (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

       (3) Divisions (H)(1) and (2) of this section do not apply if 879
a campaign committee receives contributions or makes expenditures 880
prior to the first day of January of the year of the election at 881
which the candidate seeks nomination or election to office or if 882
the campaign committee does not file a termination statement with 883
its postprimary election statement in the case of an unsuccessful 884
primary election candidate or with its postgeneral election 885
statement in the case of other candidates. 886

       (I) In the case of a contribution made by a partner of a 887
partnership or an owner or a member of another unincorporated 888
business from any funds of the partnership or other unincorporated 889
business, all of the following apply: 890

       (1) The recipient of the contribution shall report the 891
contribution by listing both the partnership or other 892
unincorporated business and the name of the partner, owner, or 893
member making the contribution. 894

       (2) In reporting the contribution, the recipient of the 895
contribution shall be entitled to conclusively rely upon the 896
information provided by the partnership or other unincorporated 897
business, provided that the information includes one of the 898
following: 899

       (a) The name of each partner, owner, or member as of the date 900
of the contribution or contributions, and a statement that the 901
total contributions are to be allocated equally among all of the 902
partners, owners, or members; or 903

       (b) The name of each partner, owner, or member as of the date 904
of the contribution or contributions who is participating in the 905
contribution or contributions, and a statement that the 906
contribution or contributions are to be allocated to those 907
individuals in accordance with the information provided by the 908
partnership or other unincorporated business to the recipient of 909
the contribution. 910

       (3) For purposes of section 3517.102 of the Revised Code, the 911
contribution shall be considered to have been made by the partner, 912
owner, or member reported under division (I)(1) of this section. 913

       (4) No contribution from a partner of a partnership or an 914
owner or a member of another unincorporated business shall be 915
accepted from any funds of the partnership or other unincorporated 916
business unless the recipient reports the contribution under 917
division (I)(1) of this section together with the information 918
provided under division (I)(2) of this section. 919

       (5) No partnership or other unincorporated business shall 920
make a contribution or contributions solely in the name of the 921
partnership or other unincorporated business. 922

       (6) As used in division (I) of this section, "partnership or 923
other unincorporated business" includes, but is not limited to, a 924
cooperative, a sole proprietorship, a general partnership, a 925
limited partnership, a limited partnership association, a limited 926
liability partnership, and a limited liability company. 927

       (J) A candidate shall have only one campaign committee at any 928
given time for all of the offices for which the person is a 929
candidate or holds office. 930

       (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

       The certificate shall be on a form prescribed by the 945
secretary of state and shall be filed not later than ten days 946
after the candidate files a declaration of candidacy and petition, 947
a nominating petition, or a declaration of intent to be a write-in 948
candidate. 949

       (2) Except as otherwise provided in division (K)(3) of this 950
section, a campaign committee that files a certificate under 951
division (K)(1) of this section is not required to file the 952
statements required by division (A) of this section. 953

       (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

       Sec. 3517.106.  (A) As used in this section: 989

       (1) "Statewide office" means any of the offices of governor, 990
lieutenant governor, secretary of state, auditor of state, 991
treasurer of state, attorney general, chief justice of the supreme 992
court, and justice of the supreme court. 993

       (2) "Addendum to a statement" includes an amendment or other 994
correction to that statement. 995

       (B)(1) The secretary of state shall store on computer the 996
information contained in statements of contributions and 997
expenditures and monthly statements required to be filed under 998
section 3517.10 of the Revised Code and in statements of 999
independent expenditures required to be filed under section 1000
3517.105 of the Revised Code by any of the following: 1001

       (a) The campaign committees of candidates for statewide 1002
office; 1003

       (b) The political action committees and political 1004
contributing entities described in division (A)(1) of section 1005
3517.11 of the Revised Code; 1006

       (c) Legislative campaign funds; 1007

       (d) State political parties; 1008

       (e) Individuals, partnerships, corporations, labor 1009
organizations, or other entities that make independent 1010
expenditures in support of or opposition to a statewide candidate 1011
or a statewide ballot issue or question; 1012

       (f) The campaign committees of candidates for the office of 1013
member of the general assembly; 1014

       (g) County political parties, with respect to their state 1015
candidate funds. 1016

       (2) The secretary of state shall store on computer the 1017
information contained in disclosure of electioneering 1018
communications statements required to be filed under section 1019
3517.1011 of the Revised Code. 1020

       (3) The secretary of state shall store on computer the 1021
information contained in deposit and disbursement statements 1022
required to be filed with the office of the secretary of state 1023
under section 3517.1012 of the Revised Code. 1024

       (4) The secretary of state shall store on computer the gift 1025
and disbursement information contained in statements required to 1026
be filed with the office of the secretary of state under section 1027
3517.1013 of the Revised Code. 1028

       (5) The secretary of state shall store on computer the 1029
information contained in donation and disbursement statements 1030
required to be filed with the office of the secretary of state 1031
under section 3517.1014 of the Revised Code.1032

       (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

       (2) The secretary of state shall make the information 1043
required to be stored under division (B) of this section available 1044
on computer at the secretary of state's office so that, to the 1045
maximum extent feasible, individuals may obtain at the secretary 1046
of state's office any part or all of that information for any 1047
given year, subject to the limitation expressed in division (D) of 1048
this section. 1049

       (D) The secretary of state shall keep the information stored 1050
on computer under division (B) of this section for at least six 1051
years. 1052

       (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

       If a statement filed by electronic means of transmission is 1088
found to be incomplete or inaccurate after the examination of the 1089
statement for completeness and accuracy pursuant to division 1090
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 1091
committee shall file by electronic means of transmission any 1092
addendum to the statement that provides the information necessary 1093
to complete or correct the statement or, if required by the 1094
secretary of state under that division, an amended statement. 1095

       Within five business days after the secretary of state 1096
receives from a campaign committee of a candidate for statewide 1097
office an addendum to the statement or an amended statement by 1098
electronic or other means of transmission under this division or 1099
division (B)(3)(a) of section 3517.11 of the Revised Code, the 1100
secretary of state shall make the contribution and expenditure 1101
information in the addendum or amended statement available online 1102
to the public through the internet as provided in division (I) of 1103
this section. 1104

       (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

       Within five business days after a statement filed by a county 1159
political party with respect to its state candidate fund is 1160
received by the secretary of state by electronic means of 1161
transmission, the secretary of state shall make available online 1162
to the public through the internet, as provided in division (I) of 1163
this section, the contribution and expenditure information in that 1164
statement. 1165

       If a statement is found to be incomplete or inaccurate after 1166
the examination of the statement for completeness and accuracy 1167
pursuant to division (B)(3)(a) of section 3517.11 of the Revised 1168
Code, a county political party shall file by electronic means of 1169
transmission any addendum to the statement that provides the 1170
information necessary to complete or correct the statement or, if 1171
required by the secretary of state under that division, an amended 1172
statement. 1173

       Within five business days after the secretary of state 1174
receives from a county political party an addendum to the 1175
statement or an amended statement by electronic means of 1176
transmission under this division or division (B)(3)(a) of section 1177
3517.11 of the Revised Code, the secretary of state shall make the 1178
contribution and expenditure information in the addendum or 1179
amended statement available online to the public through the 1180
internet as provided in division (I) of this section. 1181

       (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

       Within five business days after a statement filed by an 1269
individual, partnership, or other entity is received by the 1270
secretary of state by electronic or other means of transmission, 1271
the secretary of state shall make available online to the public 1272
through the internet, as provided in division (I) of this section, 1273
the expenditure information in that statement. 1274

       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

       (a) It is unique to the signer. 1313

       (b) It objectively identifies the signer. 1314

       (c) It involves the use of a signature device or other means 1315
or method that is under the sole control of the signer and that 1316
cannot be readily duplicated or compromised. 1317

       (d) It is created and linked to the electronic record to 1318
which it relates in a manner that, if the record or signature is 1319
intentionally or unintentionally changed after signing, the 1320
electronic signature is invalidated. 1321

       (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

       (J)(1) As used in this division, "library" means a library 1352
that is open to the public and that is one of the following: 1353

       (a) A library that is maintained and regulated under section 1354
715.13 of the Revised Code; 1355

       (b) A library that is created, maintained, and regulated 1356
under Chapter 3375. of the Revised Code. 1357

       (2) The secretary of state shall notify all libraries of the 1358
location on the internet at which the contribution and 1359
expenditure, contribution and disbursement, deposit and 1360
disbursement, or gift and disbursement, or donation and 1361
disbursement information in campaign finance statements required 1362
to be made available online to the public through the internet 1363
pursuant to division (I) of this section may be accessed. 1364

       If that location is part of the world wide web and if the 1365
secretary of state has notified a library of that world wide web 1366
location as required by this division, the library shall include a 1367
link to that world wide web location on each internet-connected 1368
computer it maintains that is accessible to the public. 1369

       (3) If the system the secretary of state prescribes for the 1370
filing of campaign finance statements by electronic means of 1371
transmission pursuant to division (H)(1) of this section and 1372
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 1373
Code includes filing those statements through the internet via the 1374
world wide web, the secretary of state shall notify all libraries 1375
of the world wide web location at which those statements may be 1376
filed. 1377

       If those statements may be filed through the internet via the 1378
world wide web and if the secretary of state has notified a 1379
library of that world wide web location as required by this 1380
division, the library shall include a link to that world wide web 1381
location on each internet-connected computer it maintains that is 1382
accessible to the public. 1383

       (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, or1403
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, or1411
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, or1421
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

       (a) An eligible campaign committee that wishes to file a 1439
campaign finance statement by paper instead of by electronic means 1440
of transmission shall file the statement on paper with the office 1441
of the secretary of state not sooner than twenty-four hours after 1442
the end of the filing period set forth in section 3517.10 of the 1443
Revised Code that is covered by the applicable statement. 1444

       (b) The statement shall be accompanied by a fee, the amount 1445
of which the secretary of state shall determine by rule. The 1446
amount of the fee established under this division shall not exceed 1447
the data entry and data verification costs the secretary of state 1448
will incur to convert the information on the statement to an 1449
electronic format as required under division (I) of this section. 1450

       (c) The secretary of state shall arrange for the information 1451
in campaign finance statements filed pursuant to division (L) of 1452
this section to be made available online to the public through the 1453
internet in the same manner, and at the same times, as information 1454
is made available under divisions (E), (F), and (I) of this 1455
section for candidates whose campaign committees file those 1456
statements by electronic means of transmission. 1457

       (d) The candidate of an eligible campaign committee that 1458
intends to file a campaign finance statement pursuant to division 1459
(L) of this section shall file a notice indicating that the 1460
candidate's campaign committee intends to so file and stating that 1461
filing the statement by electronic means of transmission would 1462
constitute a hardship for the candidate or for the eligible 1463
campaign committee. 1464

       (e) An eligible campaign committee that files a campaign 1465
finance statement on paper pursuant to division (L) of this 1466
section shall review the contribution and information made 1467
available online by the secretary of state with respect to that 1468
paper filing and shall notify the secretary of state of any errors 1469
with respect to that filing that appear in the data made available 1470
on that web site. 1471

       (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) Notwithstanding any provision of the Revised Code to the 1497
contrary, any eligible campaign committee that files campaign 1498
finance statements on paper with the office of the secretary of 1499
state pursuant to division (L)(1) of this section shall be deemed 1500
to have filed those campaign finance statements by electronic 1501
means of transmission to the office of the secretary of state. 1502

       Sec. 3517.1014. (A) As used in this section:1503

       (1) "Donation" means a gift, subscription, loan, advance, or 1504
deposit of money, or anything of value that is specifically 1505
designated and used to defray any costs incurred for transition 1506
activities and inaugural celebrations and that is not used for the 1507
purpose of directly influencing the election of any candidate for 1508
any office.1509

       (2) "Costs incurred for transition activities and inaugural 1510
celebrations" means legitimate and verifiable costs that are 1511
incurred for ordinary and necessary activities associated with 1512
either of the following:1513

       (a) The transfer of power or authority from one officeholder 1514
to another following a general or special election or appointment 1515
to office;1516

       (b) Ceremonies, events, or activities commemorating the 1517
commencement of a term or the commencement of an unexpired term of 1518
an officeholder.1519

       "Costs incurred for transition activities and inaugural 1520
celebrations" includes, but is not limited to, costs incurred for 1521
office expenses; salaries for transition personnel; consulting 1522
fees; and food, beverages, and entertainment at an inaugural 1523
celebration.1524

       (3) "Officeholder" means a person who has been or who may 1525
have been elected to any elective office other than a judicial 1526
office or who has been appointed to any elective office other 1527
than a judicial office.1528

       (B)(1)(a) An officeholder may establish a transition fund to 1529
receive donations and to pay costs incurred for transition 1530
activities and inaugural celebrations. The officeholder shall 1531
file a statement with the secretary of state establishing the 1532
fund and designating a treasurer for the fund. The secretary of 1533
state shall specify, by rule, the form of the statement.1534

       (b) The treasurer shall terminate the transition fund not 1535
later than one hundred twenty days after the fund is established. 1536
Donations may be accepted for and deposited into a transition 1537
fund, and disbursements may be made from a transition fund, only 1538
during the fund's existence. Costs incurred for transition 1539
activities and inaugural celebrations that are to be paid for 1540
with moneys from the fund shall be incurred only during the 1541
fund's existence.1542

       (2) An officeholder may establish a transition fund:1543

       (a) The day after the day of the election at which the 1544
person seeks election to office, if, based on the number of 1545
ballots outstanding for that election and the unofficial results 1546
of the election, it is mathematically possible for the person to 1547
have been elected to that office; 1548

       (b) After the person has been appointed to fill a vacancy in 1549
an unexpired term of an elective office.1550

       (3)(a) An officeholder who is elected at a general election 1551
or who may be elected at a general election and who wishes to 1552
establish a transition fund shall establish that fund not later 1553
than the last day of December of the year in which the election 1554
was held.1555

       (b) An officeholder who is appointed and who wishes to 1556
establish a transition fund shall establish that fund not later 1557
than forty-five days after the day the person is appointed to 1558
office.1559

       (c) An officeholder who is elected at a special election or 1560
who may be elected at a special election and who wishes to 1561
establish a transition fund shall establish that fund not later 1562
than forty-five days after the day of the special election.1563

       (C)(1)(a) Any campaign committee and any person, including a 1564
for-profit corporation, may make a donation to a transition fund.1565

       (b) No campaign committee or person shall make a donation or 1566
donations to a transition fund of an officeholder for the joint 1567
offices of governor and lieutenant governor aggregating more than 1568
ten thousand dollars.1569

       (c) No campaign committee or person shall make a donation or 1570
donations to a transition fund of any officeholder other than an 1571
officeholder for the joint offices of governor and lieutenant 1572
governor aggregating more than two thousand five hundred dollars.1573

       (2) No officeholder shall accept a donation unless both of 1574
the following apply:1575

       (a) The officeholder has established a transition fund under 1576
division (B) of this section; and1577

       (b) The donation is deposited to the credit of that fund.1578

       (3)(a) No officeholder for the joint offices of governor and 1579
lieutenant governor or treasurer of a transition fund for the 1580
joint offices of governor and lieutenant governor shall accept a 1581
donation or donations from any one campaign committee or any one 1582
person aggregating more than ten thousand dollars.1583

       (b) No officeholder other than an officeholder for the joint 1584
offices of governor and lieutenant governor and no treasurer of a 1585
transition fund for any officeholder other than an officeholder 1586
for the joint offices of governor and lieutenant governor shall 1587
accept a donation or donations from any one campaign committee or 1588
any one person aggregating more than two thousand five hundred 1589
dollars.1590

       (D)(1)(a) The treasurer of a transition fund shall keep a 1591
strict account of all donations to the fund and all disbursements 1592
from the fund.1593

       (b) The treasurer of a transition fund shall deposit all 1594
monetary donations received by the transition fund into a separate 1595
bank or financial institution account established solely for the 1596
transition fund.1597

       (2) The treasurer of a transition fund shall file, by 1598
electronic means of transmission to the office of the secretary of 1599
state, a full, true, and itemized statement describing each 1600
donation received and each disbursement made from the fund not 1601
later than four p.m. of the following dates:1602

       (a) The fifteenth day of January of the calendar year 1603
following the general election at which the officeholder was 1604
elected, or, if the officeholder was elected at a special election 1605
or appointed to office, the sixty-fifth day after the transition 1606
fund is created, to reflect donations received and disbursements 1607
made from the creation of the transition fund to the close of 1608
business on the fifth day before the statement is required to be 1609
filed;1610

       (b) The fifteenth day of each subsequent month of the fund's 1611
existence, to reflect donations received and disbursements made 1612
from the close of business on the last day reflected in the last 1613
previously filed statement to the close of business on the fifth 1614
day before the statement is required to be filed.1615

       (3) Each statement required under division (D)(2) of this 1616
section shall contain the following information:1617

       (a) The full name and address of the treasurer filing the 1618
statement and the full name and address of the officeholder who 1619
is the beneficiary of the transition fund;1620

       (b) The balance in the transition fund brought forward from 1621
the most recently filed statement, if any;1622

       (c) A statement of donations received, which shall include 1623
all of the following:1624

       (i) The month, day, and year on which each donation was 1625
received;1626

       (ii) The full name and street address of each donor;1627

       (iii) The nature of each donation, if other than money;1628

       (iv) The value of each donation in dollars and cents; and1629

       (v) If applicable, the name of the donor's current employer, 1630
or, if the donor is self-employed, the donor's occupation and the 1631
name of the donor's business.1632

       (d) A statement of disbursements, which shall include all of 1633
the following:1634

       (i) The name and address of the recipient of each 1635
disbursement;1636

       (ii) The date of each disbursement;1637

       (iii) The amount of each disbursement;1638

       (iv) The purpose for which each disbursement was made; and1639

       (v) The date the transition fund incurred the cost for which 1640
the disbursement was made.1641

       (e) The balance remaining in the fund.1642

       (E)(1) No treasurer of a transition fund shall knowingly fail 1643
to file a statement required to be filed under this section.1644

       (2) No treasurer of a transition fund shall knowingly fail to 1645
report, or shall knowingly misrepresent, a donation required to be 1646
reported on a statement required to be filed under this section.1647

       (3) No treasurer of a transition fund shall knowingly fail to 1648
report, or shall knowingly misrepresent, a disbursement required 1649
to be reported on a statement required to be filed under this 1650
section.1651

       (F) Upon request, the secretary of state shall issue a 1652
receipt for each statement filed under this section. The secretary 1653
of state shall maintain a record of the filing for at least ten 1654
years. All statements filed under this section shall be open to 1655
public inspection in the office in which they are filed.1656

       (G)(1) Except as otherwise provided in division (H)(1) or (2) 1657
of this section, no treasurer of a transition fund shall make a 1658
disbursement from the fund for a purpose other than to pay costs 1659
incurred for transition activities and inaugural celebrations.1660

       (2) No treasurer of a transition fund shall make a 1661
disbursement from the fund to make a contribution to a campaign 1662
committee, political action committee, legislative campaign fund, 1663
political party, or political contributing entity.1664

       (3) No treasurer of a transition fund shall make a 1665
disbursement from the fund to reimburse any personal expenses of 1666
the beneficiary of the transition fund, except to reimburse the 1667
beneficiary of the transition fund for costs incurred for 1668
transition activities and inaugural celebrations.1669

       (4) No treasurer of a transition fund shall make a 1670
disbursement from the fund for the purpose of influencing the 1671
results of any election.1672

       (H)(1) Except as otherwise provided in division (H)(2) of 1673
this section, after the payment of all costs incurred for 1674
transition activities and inaugural celebrations, the treasurer 1675
of the transition fund shall dispose of any money or assets 1676
remaining in the transition fund prior to terminating the fund by 1677
doing either of the following:1678

       (a) Giving the amount, pro rata, to all persons who made 1679
donations to that transition fund as a refund of all or part of 1680
their donations;1681

       (b) Giving the amount to a corporation that is exempt from 1682
federal income taxation under subsection 501(a) and described in 1683
subsection 501(c) of the Internal Revenue Code.1684

       (2) If, upon the completion of the canvass of election 1685
returns for the election at which the beneficiary of a transition 1686
fund seeks election to office, it is determined that the 1687
beneficiary has not been elected to that office, within thirty 1688
days after the completion of the canvass the treasurer of the 1689
beneficiary's transition fund shall dispose of all assets 1690
remaining in the transition fund in the manner provided in 1691
division (H)(1) of this section. 1692

       (3) In disposing of assets under division (H)(1) or (2) of 1693
this section, the treasurer of a transition fund shall not refund 1694
to any campaign committee any donation received from that campaign 1695
committee.1696

       (I)(1) Not later than one hundred twenty days after a 1697
transition fund has been established, the treasurer of the 1698
transition fund shall file a final statement of donations and 1699
disbursements under division (D) of this section that shall 1700
include the disbursements made under division (H)(1) of this 1701
section, as applicable. The final statement shall be filed with a 1702
termination statement that meets the requirements of division 1703
(I)(3) of this section.1704

       (2) Not later than thirty-five days after a determination 1705
that the beneficiary of a transition fund has not been elected to 1706
office under division (H)(2) of this section, the treasurer of the 1707
transition fund shall file a final statement of donations and 1708
disbursements under division (D) of this section that shall 1709
include the disbursements made under division (H)(2) of this 1710
section, as applicable. The final statement shall be filed with a 1711
termination statement that meets the requirements of division 1712
(I)(3) of this section.1713

       (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

       (a) State in the termination statement that all transition 1726
fund moneys were disposed of prior to the termination of the 1727
transition fund;1728

       (b) File with the secretary of state copies of the final bank 1729
or financial institution statements within five days after the 1730
treasurer receives those statements from the bank or financial 1731
institution.1732

       (4) Upon the filing of a termination statement, the 1733
transition fund shall cease to exist.1734



       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

       (2)(a) Except as otherwise provided in division (F) of 1756
section 3517.106 of the Revised Code, campaign committees of 1757
candidates for all other offices shall file the statements 1758
prescribed by section 3517.10 of the Revised Code with the board 1759
of elections where their candidates are required to file their 1760
petitions or other papers for nomination or election. 1761

       (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

       (4) Except as otherwise provided in division (E)(3) of 1787
section 3517.106 of the Revised Code with respect to state 1788
candidate funds, county political parties shall file the 1789
statements prescribed by section 3517.10 of the Revised Code with 1790
the board of elections of their respective counties. 1791

       (B)(1) The official with whom petitions and other papers for 1792
nomination or election to public office are filed shall furnish 1793
each candidate at the time of that filing a copy of sections 1794
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and 1795
3599.031 of the Revised Code and any other materials that the 1796
secretary of state may require. Each candidate receiving the 1797
materials shall acknowledge their receipt in writing. 1798

       (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 secretary of state shall determine by rule when an 1859
addendum, amendment, or other correction to any of the following 1860
or when an amended statement of any of the following shall be 1861
filed: 1862

       (i) A two-business-day statement prescribed by section 1863
3517.10 of the Revised Code; 1864

       (ii) A disclosure of electioneering communications statement 1865
prescribed by division (D) of section 3517.1011 of the Revised 1866
Code; 1867

       (iii) A deposit and disbursement statement prescribed under 1868
division (B) of section 3517.1012 of the Revised Code; 1869

       (iv) A gift and disbursement statement prescribed under 1870
section 3517.1013 of the Revised Code;1871

       (v) A donation and disbursement statement prescribed under 1872
section 3517.1014 of the Revised Code. 1873

       An addendum, amendment, or other correction to a statement 1874
that is filed by electronic means of transmission pursuant to 1875
section 3517.106 of the Revised Code shall be filed in the same 1876
manner as the statement. 1877

       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

       (4)(a) The secretary of state or the board of elections shall 1900
examine all statements for compliance with sections 3517.08 to 1901
3517.17 of the Revised Code. 1902

       (b) The secretary of state may contract with an individual or 1903
entity not associated with the secretary of state and experienced 1904
in interpreting the campaign finance law of this state to conduct 1905
examinations of statements filed by any statewide candidate, as 1906
defined in section 3517.103 of the Revised Code. 1907

       (c) The examination shall be conducted by a person or entity 1908
qualified to conduct it. The results of the examination shall be 1909
available to the public, and, when the examination is conducted by 1910
an individual or entity not associated with the secretary of 1911
state, the results of the examination shall be reported to the 1912
secretary of state. 1913

       (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 donations1937
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

       (D) No certificate of nomination or election shall be issued 1946
to a person, and no person elected to an office shall enter upon 1947
the performance of the duties of that office, until that person or 1948
that person's campaign committee, as appropriate, has fully 1949
complied with this section and sections 3517.08, 3517.081, 1950
3517.10, and 3517.13 of the Revised Code. 1951

       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

       (C) No prosecution shall commence for a violation of a 1975
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 1976
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code 1977
unless a complaint has been filed with the commission under this 1978
section and all proceedings of the commission or a panel of the 1979
commission, as appropriate, under sections 3517.154 to 3517.157 of 1980
the Revised Code are completed. 1981

       (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

       (E) The commission shall establish a web site on which it 1996
shall post, at a minimum, all decisions and advisory opinions 1997
issued by the commission and copies of each election law as it is 1998
amended by the general assembly. The commission shall update the 1999
web site regularly to reflect any changes to those decisions and 2000
advisory opinions and any new decisions and advisory opinions. 2001

       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

       (2)(a) If the attorney determines that the complaint sets 2012
forth a violation of division (B) of section 3517.21 or division 2013
(B) of section 3517.22 of the Revised Code and that the complaint 2014
is filed during one of the periods of time specified in division 2015
(B)(1) of section 3517.156 of the Revised Code, or that the 2016
complaint sets forth a violation of section 3517.103 of the 2017
Revised Code or a violation described in division (D) of section 2018
3517.1010 of the Revised Code, the complaint shall receive an 2019
automatic expedited hearing under section 3517.156 of the Revised 2020
Code. 2021

       (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

       (3)(a) If a complaint sets forth a failure to comply with or 2042
a violation of a section of the Revised Code over which the 2043
commission has jurisdiction to hear complaints other than the 2044
sections described in divisions (A)(2)(a) and (b) of this section 2045
and if the complaint is filed during one of the periods of time 2046
specified in division (B)(1) of section 3517.156 of the Revised 2047
Code, the attorney may determine that the complaint should receive 2048
an expedited hearing under that section. The attorney shall make 2049
that determination by considering one or more of the following: 2050

       (i) The number of prior failures to comply with or violations 2051
of Title XXXV of the Revised Code that the person or entity 2052
against whom the complaint has been brought has committed and any 2053
prior penalties the commission has imposed on the person or 2054
entity; 2055

       (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, or2072
gifts and disbursements, or donations and disbursements not 2073
reported or how late they were reported; 2074

       (iv) If the complaint involves contributions required to be 2075
reported by a campaign committee under section 3517.10, division 2076
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 2077
or 3517.109 of the Revised Code that are not reported, whether any 2078
of the contributors of the contributions not reported have a 2079
personal or professional relationship with the campaign 2080
committee's candidate; 2081

       (v) If the complaint involves a statement required to be 2082
filed under section 3517.10, division (E) of section 3517.102, or 2083
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109, 2084
3517.1011, 3517.1012, or 3517.1013, or 3517.1014 of the Revised 2085
Code that is incomplete, the degree to which it is incomplete; 2086

       (vi) If the complaint involves the receipt of contributions 2087
in violation of section 3599.03 of the Revised Code, the dollar 2088
amount and number of contributions received in violation of that 2089
section; 2090

       (vii) If the complaint involves a failure to make the 2091
identification or a misstatement of the identification required 2092
under section 3517.105 or 3517.20 of the Revised Code, whether the 2093
failure or misstatement was purposely made; 2094

       (viii) If the complaint sets forth a failure to comply with 2095
or a violation of a section of the Revised Code described in 2096
division (A)(2)(c) of this section, whether the person or entity 2097
against whom the complaint has been made has committed more than 2098
one such failure or violation within a reasonable amount of time, 2099
or whether the cumulative nature of the failures or violations 2100
indicates a systematic disregard for the law. 2101

       (b) Prior to making a determination under division (A)(3)(a) 2102
of this section that the complaint should receive an expedited 2103
hearing under section 3517.156 of the Revised Code, the attorney 2104
shall take into consideration the number of panels of the 2105
commission that have cases pending before them and the number of 2106
cases pending before the panels and shall not make a determination 2107
that will place an undue burden on a panel of the commission. 2108

       (c) If the attorney determines that the complaint should 2109
receive an expedited hearing under section 3517.156 of the Revised 2110
Code, the attorney shall recommend to the commission that the 2111
complaint receive an expedited hearing, and, if a majority of the 2112
members of the commission agrees with the recommendation, the 2113
complaint shall receive an expedited hearing under that section. 2114

       (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. 3517.992.  This section establishes penalties only with 2141
respect to acts or failures to act that occur on and after August 2142
24, 1995. 2143

       (A)(1) A candidate whose campaign committee violates division 2144
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, 2145
or a treasurer of a campaign committee who violates any of those 2146
divisions, shall be fined not more than one hundred dollars for 2147
each day of violation. 2148

       (2) Whoever violates division (E) or (X)(5) of section 2149
3517.13 or division (E)(1) of section 3517.1014 of the Revised 2150
Code shall be fined not more than one hundred dollars for each day 2151
of violation. 2152

       (B) A political party that violates division (F)(1) of 2153
section 3517.101 of the Revised Code shall be fined not more than 2154
one hundred dollars for each day of violation. 2155

       (C) Whoever violates division (F)(2) of section 3517.101 or,2156
division (G) of section 3517.13, or division (E)(2) or (3) of 2157
section 3517.1014 of the Revised Code shall be fined not more than 2158
ten thousand dollars or, if the offender is a person who was 2159
nominated or elected to public office, shall forfeit the 2160
nomination or the office to which the offender was elected, or 2161
both. 2162

       (D) Whoever violates division (F) of section 3517.13 of the 2163
Revised Code shall be fined not more than three times the amount 2164
contributed. 2165

       (E) Whoever violates division (H) of section 3517.13 of the 2166
Revised Code shall be fined not more than one hundred dollars. 2167

       (F) Whoever violates division (O), (P), or (Q) of section 2168
3517.13 of the Revised Code is guilty of a misdemeanor of the 2169
first degree. 2170

       (G) A state or county committee of a political party that 2171
violates division (B)(1) of section 3517.18 of the Revised Code 2172
shall be fined not more than twice the amount of the improper 2173
expenditure. 2174

       (H) A state or county political party that violates division 2175
(G) of section 3517.101 of the Revised Code shall be fined not 2176
more than twice the amount of the improper expenditure or use. 2177

       (I)(1) Any individual who violates division (B)(1) of section 2178
3517.102 of the Revised Code and knows that the contribution the 2179
individual makes violates that division shall be fined an amount 2180
equal to three times the amount contributed in excess of the 2181
amount permitted by that division. 2182

       (2) Any political action committee that violates division 2183
(B)(2) of section 3517.102 of the Revised Code shall be fined an 2184
amount equal to three times the amount contributed in excess of 2185
the amount permitted by that division. 2186

       (3) Any campaign committee that violates division (B)(3) or 2187
(5) of section 3517.102 of the Revised Code shall be fined an 2188
amount equal to three times the amount contributed in excess of 2189
the amount permitted by that division. 2190

       (4)(a) Any legislative campaign fund that violates division 2191
(B)(6) of section 3517.102 of the Revised Code shall be fined an 2192
amount equal to three times the amount transferred or contributed 2193
in excess of the amount permitted by that division, as applicable. 2194

       (b) Any state political party, county political party, or 2195
state candidate fund of a state political party or county 2196
political party that violates division (B)(6) of section 3517.102 2197
of the Revised Code shall be fined an amount equal to three times 2198
the amount transferred or contributed in excess of the amount 2199
permitted by that division, as applicable. 2200

       (c) Any political contributing entity that violates division 2201
(B)(7) of section 3517.102 of the Revised Code shall be fined an 2202
amount equal to three times the amount contributed in excess of 2203
the amount permitted by that division. 2204

       (5) Any political party that violates division (B)(4) of 2205
section 3517.102 of the Revised Code shall be fined an amount 2206
equal to three times the amount contributed in excess of the 2207
amount permitted by that division. 2208

       (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) 2209
of this section, no violation of division (B) of section 3517.102 2210
of the Revised Code occurs, and the secretary of state shall not 2211
refer parties to the Ohio elections commission, if the amount 2212
transferred or contributed in excess of the amount permitted by 2213
that division meets either of the following conditions: 2214

       (a) It is completely refunded within five business days after 2215
it is accepted. 2216

       (b) It is completely refunded on or before the tenth business 2217
day after notification to the recipient of the excess transfer or 2218
contribution by the board of elections or the secretary of state 2219
that a transfer or contribution in excess of the permitted amount 2220
has been received. 2221

       (J)(1) Any campaign committee that violates division (C)(1), 2222
(2), (3), or (6) of section 3517.102 of the Revised Code shall be 2223
fined an amount equal to three times the amount accepted in excess 2224
of the amount permitted by that division. 2225

       (2)(a) Any county political party that violates division 2226
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code 2227
shall be fined an amount equal to three times the amount accepted. 2228

       (b) Any county political party that violates division 2229
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be 2230
fined an amount from its state candidate fund equal to three times 2231
the amount accepted in excess of the amount permitted by that 2232
division. 2233

       (c) Any state political party that violates division 2234
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined 2235
an amount from its state candidate fund equal to three times the 2236
amount accepted in excess of the amount permitted by that 2237
division. 2238

       (3) Any legislative campaign fund that violates division 2239
(C)(5) of section 3517.102 of the Revised Code shall be fined an 2240
amount equal to three times the amount accepted in excess of the 2241
amount permitted by that division. 2242

       (4) Any political action committee or political contributing 2243
entity that violates division (C)(7) of section 3517.102 of the 2244
Revised Code shall be fined an amount equal to three times the 2245
amount accepted in excess of the amount permitted by that 2246
division. 2247

       (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 2248
this section, no violation of division (C) of section 3517.102 of 2249
the Revised Code occurs, and the secretary of state shall not 2250
refer parties to the Ohio elections commission, if the amount 2251
transferred or contributed in excess of the amount permitted to be 2252
accepted by that division meets either of the following 2253
conditions: 2254

       (a) It is completely refunded within five business days after 2255
its acceptance. 2256

       (b) It is completely refunded on or before the tenth business 2257
day after notification to the recipient of the excess transfer or 2258
contribution by the board of elections or the secretary of state 2259
that a transfer or contribution in excess of the permitted amount 2260
has been received. 2261

       (K)(1) Any legislative campaign fund that violates division 2262
(F)(1) of section 3517.102 of the Revised Code shall be fined 2263
twenty-five dollars for each day of violation. 2264

       (2) Any legislative campaign fund that violates division 2265
(F)(2) of section 3517.102 of the Revised Code shall give to the 2266
treasurer of state for deposit into the state treasury to the 2267
credit of the Ohio elections commission fund all excess 2268
contributions not disposed of as required by division (E) of 2269
section 3517.102 of the Revised Code. 2270

       (L) Whoever violates section 3517.105 of the Revised Code 2271
shall be fined one thousand dollars. 2272

       (M)(1) Whoever solicits a contribution in violation of 2273
section 3517.092 or violates division (B) of section 3517.09 of 2274
the Revised Code is guilty of a misdemeanor of the first degree. 2275

       (2) Whoever knowingly accepts a contribution in violation of 2276
division (B) or (C) of section 3517.092 of the Revised Code shall 2277
be fined an amount equal to three times the amount accepted in 2278
violation of either of those divisions and shall return to the 2279
contributor any amount so accepted. Whoever unknowingly accepts a 2280
contribution in violation of division (B) or (C) of section 2281
3517.092 of the Revised Code shall return to the contributor any 2282
amount so accepted. 2283

       (N) Whoever violates division (S) of section 3517.13 of the 2284
Revised Code shall be fined an amount equal to three times the 2285
amount of funds transferred or three times the value of the assets 2286
transferred in violation of that division. 2287

       (O) Any campaign committee that accepts a contribution or 2288
contributions in violation of section 3517.108 of the Revised 2289
Code, uses a contribution in violation of that section, or fails 2290
to dispose of excess contributions in violation of that section 2291
shall be fined an amount equal to three times the amount accepted, 2292
used, or kept in violation of that section. 2293

       (P) Any political party, state candidate fund, legislative 2294
candidate fund, or campaign committee that violates division (T) 2295
of section 3517.13 of the Revised Code shall be fined an amount 2296
equal to three times the amount contributed or accepted in 2297
violation of that section. 2298

       (Q) A treasurer of a committee or another person who violates 2299
division (U) of section 3517.13 of the Revised Code shall be fined 2300
not more than two hundred fifty dollars. 2301

       (R) Whoever violates division (I) or (J) of section 3517.13 2302
of the Revised Code shall be fined not more than one thousand 2303
dollars. Whenever a person is found guilty of violating division 2304
(I) or (J) of section 3517.13 of the Revised Code, the contract 2305
awarded in violation of either of those divisions shall be 2306
rescinded if its terms have not yet been performed. 2307

       (S) A candidate whose campaign committee violates or a 2308
treasurer of a campaign committee who violates section 3517.081 of 2309
the Revised Code, and a candidate whose campaign committee 2310
violates or a treasurer of a campaign committee or another person 2311
who violates division (C) of section 3517.10 of the Revised Code, 2312
shall be fined not more than five hundred dollars. 2313

       (T) A candidate whose campaign committee violates or a 2314
treasurer of a committee who violates division (B) of section 2315
3517.09 of the Revised Code, or a candidate whose campaign 2316
committee violates or a treasurer of a campaign committee or 2317
another person who violates division (C) of section 3517.09 of the 2318
Revised Code shall be fined not more than one thousand dollars. 2319

       (U) Whoever violates section 3517.20 of the Revised Code 2320
shall be fined not more than five hundred dollars. 2321

       (V) Whoever violates section 3517.21 or 3517.22 of the 2322
Revised Code shall be imprisoned for not more than six months or 2323
fined not more than five thousand dollars, or both. 2324

       (W) A campaign committee that is required to file a 2325
declaration of no limits under division (D)(2) of section 3517.103 2326
of the Revised Code that, before filing that declaration, accepts 2327
a contribution or contributions that exceed the limitations 2328
prescribed in section 3517.102 of the Revised Code, shall return 2329
that contribution or those contributions to the contributor. 2330

       (X) Any campaign committee that fails to file the declaration 2331
of filing-day finances required by division (F) of section 2332
3517.109 or the declaration of primary-day finances or declaration 2333
of year-end finances required by division (E) of section 3517.1010 2334
of the Revised Code shall be fined twenty-five dollars for each 2335
day of violation. 2336

       (Y)(1) Any campaign committee that fails to dispose of excess 2337
funds or excess aggregate contributions under division (B) of 2338
section 3517.109 of the Revised Code in the manner required by 2339
division (C) of that section or under division (B) of section 2340
3517.1010 of the Revised Code in the manner required by division 2341
(C) of that section shall give to the treasurer of state for 2342
deposit into the Ohio elections commission fund created under 2343
division (I) of section 3517.152 of the Revised Code all funds not 2344
disposed of pursuant to those divisions. 2345

       (2) Any treasurer of a transition fund that fails to dispose 2346
of assets remaining in the transition fund as required under 2347
division (H)(1) or (2) of section 3517.1014 of the Revised Code 2348
shall give to the treasurer of state for deposit into the Ohio 2349
elections commission fund all assets not disposed of pursuant to 2350
that division.2351

       (Z) Any individual, campaign committee, political action 2352
committee, political contributing entity, legislative campaign 2353
fund, political party, treasurer of a transition fund, or other 2354
entity that violates any provision of sections 3517.09 to 3517.12 2355
of the Revised Code for which no penalty is provided for under any 2356
other division of this section shall be fined not more than one 2357
thousand dollars. 2358

       (AA)(1) Whoever knowingly violates division (W)(1) of section 2359
3517.13 of the Revised Code shall be fined an amount equal to 2360
three times the amount contributed, expended, or promised in 2361
violation of that division or ten thousand dollars, whichever 2362
amount is greater. 2363

       (2) Whoever knowingly violates division (W)(2) of section 2364
3517.13 of the Revised Code shall be fined an amount equal to 2365
three times the amount solicited or accepted in violation of that 2366
division or ten thousand dollars, whichever amount is greater. 2367

       (BB) Whoever knowingly violates division (C) or (D) of 2368
section 3517.1011 of the Revised Code shall be fined not more than 2369
ten thousand dollars plus not more than one thousand dollars for 2370
each day of violation. 2371

       (CC)(1) Subject to division (CC)(2) of this section, whoever 2372
violates division (H) of section 3517.1011 of the Revised Code 2373
shall be fined an amount up to three times the amount disbursed 2374
for the direct costs of airing the communication made in violation 2375
of that division. 2376

       (2) Whoever has been ordered by the Ohio elections commission 2377
or by a court of competent jurisdiction to cease making 2378
communications in violation of division (H) of section 3517.1011 2379
of the Revised Code who again violates that division shall be 2380
fined an amount equal to three times the amount disbursed for the 2381
direct costs of airing the communication made in violation of that 2382
division. 2383

       (DD)(1) Any corporation or labor organization that violates 2384
division (X)(3)(a) of section 3517.13 of the Revised Code shall be 2385
fined an amount equal to three times the amount given in excess of 2386
the amount permitted by that division. 2387

       (2) Any state or county political party that violates 2388
division (X)(3)(b) of section 3517.13 of the Revised Code shall be 2389
fined an amount equal to three times the amount accepted in excess 2390
of the amount permitted by that division. 2391

       (EE)(1) Any campaign committee or person who violates 2392
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code 2393
shall be fined an amount equal to three times the amount donated 2394
in excess of the amount permitted by that division.2395

       (2) Any officeholder or treasurer of a transition fund who 2396
violates division (C)(3)(a) or (b) of section 3517.1014 of the 2397
Revised Code shall be fined an amount equal to three times the 2398
amount accepted in excess of the amount permitted by that 2399
division.2400

       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

       (2) Whoever violates division (A)(1) of this section shall be 2424
fined not less than five hundred nor more than five thousand 2425
dollars. 2426

       (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

       (2) Whoever violates division (B)(1) of this section shall be 2433
fined not more than one thousand dollars, or imprisoned not more 2434
than one year, or both. 2435

       (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

       (D)(1) Any gift made pursuant to section 3517.101 of the 2448
Revised Code does not constitute a violation of this section or of 2449
any other section of the Revised Code. 2450

       (2) Any gift made pursuant to division (A)(2) of section 2451
3517.1012 of the Revised Code does not constitute a violation of 2452
this section. 2453

       (3) Any gift made pursuant to division (B) of section 2454
3517.1013 of the Revised Code does not constitute a violation of 2455
this section. 2456

       (4) Any donation made pursuant to division (C)(1) of section 2457
3517.1014 of the Revised Code does not constitute a violation of 2458
this section.2459

       (E) Any compensation or fees paid by a financial institution 2460
to a state political party for services rendered pursuant to 2461
division (B) of section 3517.19 of the Revised Code do not 2462
constitute a violation of this section or of any other section of 2463
the Revised Code. 2464

       (F)(1) The use by a nonprofit corporation of its money or 2465
property for communicating information for a purpose specified in 2466
division (A) of this section is not a violation of that division 2467
if the stockholders, members, donors, trustees, or officers of the 2468
nonprofit corporation are the predominant recipients of the 2469
communication. 2470

       (2) The placement of a campaign sign on the property of a 2471
corporation, nonprofit corporation, or labor organization is not a 2472
use of property in violation of division (A) of this section by 2473
that corporation, nonprofit corporation, or labor organization. 2474

       (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

       (G) In addition to the laws listed in division (A) of section 2487
4117.10 of the Revised Code that prevail over conflicting 2488
agreements between employee organizations and public employers, 2489
this section prevails over any conflicting provisions of 2490
agreements between labor organizations and public employers that 2491
are entered into on or after the effective date of this section2492
March 31, 2005, pursuant to Chapter 4117. of the Revised Code. 2493

       (H) As used in this section, "labor organization" has the 2494
same meaning as in section 3517.01 of the Revised Code. 2495

       Section 2.  That existing sections 3517.01, 3517.10, 2496
3517.106, 3517.11, 3517.153, 3517.154, 3517.992, and 3599.03 of 2497
the Revised Code are hereby repealed. 2498

       Section 3. (A) Notwithstanding any provision of the Revised 2499
Code to the contrary, a board of elections that conducts a special 2500
election on or before August 4, 2010, for the purpose of 2501
nominating candidates for the office of congressional 2502
representative may conduct that election using a limited number of 2503
polling places. A board of elections that decides to conduct the 2504
election using a limited number of polling places shall do all of 2505
the following:2506

       (1) Send a notification, by mail, to each address at which an 2507
elector of that county who is eligible to vote in the special 2508
election resides to inform the elector of the special election and 2509
of the elector's designated polling place for that special 2510
election and include with that notification an absent voter's 2511
ballot application;2512

       (2) Establish not more than four polling places at which 2513
electors in the county may cast a ballot in the special election; 2514
and2515

       (3) Permit individuals who are eligible to cast a provisional 2516
ballot to cast those ballots at the office of the board of 2517
elections;2518

       (4) The notification sent under division (A)(1) of this 2519
section shall include the following statement, which shall appear 2520
clearly and conspicuously on the face of the notification "If you 2521
are a member of the <political party conducting the primary 2522
election> or support the principles of the <political party 2523
conducting the primary election> and wish to vote in that party's 2524
congressional primary election, your voting location for that 2525
primary election will be <insert polling location>." 2526

       (B) A board of elections that conducts a special election 2527
pursuant to division (A) of this section shall not be required to 2528
send a notice, prior to the next regular state election, to any 2529
elector that resides at an address to which a notice is sent under 2530
division (A) of this section to inform the elector of the 2531
elector's proper precinct polling location for that regular state 2532
election.2533

       (C) This section expires, effective August 14, 2010.2534

       Section 4. Section 3 of this act is hereby declared to be an 2535
emergency measure necessary for the immediate preservation of the 2536
public peace, health, and safety. The reason for such necessity is 2537
that the costs of conducting a special election in each precinct 2538
polling place in a congressional district will be prohibitive, 2539
considering the budgetary situation of both state and local 2540
governments. Therefore, Section 3 of this act shall go into 2541
immediate effect.2542