Sec. 3517.01. (A)(1) A political party within the meaning of
| 20 |
Title XXXV of the Revised Code is any group of voters that, at the
| 21 |
most recent regular state election, polled for its candidate for
| 22 |
governor in the state or nominees for presidential electors at
| 23 |
least five per cent of the entire vote cast for that office or
| 24 |
that filed with the secretary of state, subsequent to any election
| 25 |
in which it received less than five per cent of that vote, a
| 26 |
petition signed by qualified electors equal in number to at least
| 27 |
one per cent of the total vote for governor or nominees for
| 28 |
presidential electors at the most recent election, declaring their
| 29 |
intention of organizing a political party, the name of which shall
| 30 |
be stated in the declaration, and of participating in the
| 31 |
succeeding primary election, held in even-numbered years, that
| 32 |
occurs more than one hundred twenty days after the date of filing.
| 33 |
No such group of electors shall assume a name or designation that
| 34 |
is similar, in the opinion of the secretary of state, to that of
| 35 |
an existing political party as to confuse or mislead the voters at
| 36 |
an election. If any political party fails to cast five per cent of
| 37 |
the total vote cast at an election for the office of governor or
| 38 |
president, it shall cease to be a political party.
| 39 |
(3) "Candidate" has the same meaning as in division (H) of
| 52 |
section 3501.01 of the Revised Code and also includes any person
| 53 |
who, at any time before or after an election, receives
| 54 |
contributions or makes expenditures or other use of contributions,
| 55 |
has given consent for another to receive contributions or make
| 56 |
expenditures or other use of contributions, or appoints a campaign
| 57 |
treasurer, for the purpose of bringing about the person's
| 58 |
nomination or election to public office. When two persons jointly
| 59 |
seek the offices of governor and lieutenant governor, "candidate"
| 60 |
means the pair of candidates jointly. "Candidate" does not include
| 61 |
candidates for election to the offices of member of a county or
| 62 |
state central committee, presidential elector, and delegate to a
| 63 |
national convention or conference of a political party.
| 64 |
(4) "Continuing association" means an association, other than
| 65 |
a campaign committee, political party, legislative campaign fund,
| 66 |
political contributing entity, or labor organization, that is
| 67 |
intended to be a permanent organization that has a primary purpose
| 68 |
other than supporting or opposing specific candidates, political
| 69 |
parties, or ballot issues, and that functions on a regular basis
| 70 |
throughout the year. "Continuing association" includes
| 71 |
organizations that are determined to be not organized for profit
| 72 |
under subsection 501 and that are described in subsection
| 73 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
| 74 |
(5) "Contribution" means a loan, gift, deposit, forgiveness
| 75 |
of indebtedness, donation, advance, payment, or transfer of funds
| 76 |
or anything of value, including a transfer of funds from an inter
| 77 |
vivos or testamentary trust or decedent's estate, and the payment
| 78 |
by any person other than the person to whom the services are
| 79 |
rendered for the personal services of another person, which
| 80 |
contribution is made, received, or used for the purpose of
| 81 |
influencing the results of an election. Any loan, gift, deposit,
| 82 |
forgiveness of indebtedness, donation, advance, payment, or
| 83 |
transfer of funds or of anything of value, including a transfer of
| 84 |
funds from an inter vivos or testamentary trust or decedent's
| 85 |
estate, and the payment by any campaign committee, political
| 86 |
action committee, legislative campaign fund, political party,
| 87 |
political contributing entity, or person other than the person to
| 88 |
whom the services are rendered for the personal services of
| 89 |
another person, that is made, received, or used by a state or
| 90 |
county political party, other than moneys a state or county
| 91 |
political party receives from the Ohio political party fund
| 92 |
pursuant to section 3517.17 of the Revised Code and the moneys a
| 93 |
state or county political party may receive under sections
| 94 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
| 95 |
considered to be a "contribution" for the purpose of section
| 96 |
3517.10 of the Revised Code and shall be included on a statement
| 97 |
of contributions filed under that section.
| 98 |
(6) "Expenditure" means the disbursement or use of a
| 121 |
contribution for the purpose of influencing the results of an
| 122 |
election or of making a charitable donation under division (G) of
| 123 |
section 3517.08 of the Revised Code. Any disbursement or use of a
| 124 |
contribution by a state or county political party is an
| 125 |
expenditure and shall be considered either to be made for the
| 126 |
purpose of influencing the results of an election or to be made as
| 127 |
a charitable donation under division (G) of section 3517.08 of the
| 128 |
Revised Code and shall be reported on a statement of expenditures
| 129 |
filed under section 3517.10 of the Revised Code. During the thirty
| 130 |
days preceding a primary or general election, any disbursement to
| 131 |
pay the direct costs of producing or airing a broadcast, cable, or
| 132 |
satellite communication that refers to a clearly identified
| 133 |
candidate shall be considered to be made for the purpose of
| 134 |
influencing the results of that election and shall be reported as
| 135 |
an expenditure or as an independent expenditure under section
| 136 |
3517.10 or 3517.105 of the Revised Code, as applicable, except
| 137 |
that the information required to be reported regarding
| 138 |
contributors for those expenditures or independent expenditures
| 139 |
shall be the same as the information required to be reported under
| 140 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
| 141 |
(8) "Political action committee" means a combination of two
| 148 |
or more persons, the primary or major purpose of which is to
| 149 |
support or oppose any candidate, political party, or issue, or to
| 150 |
influence the result of any election through express advocacy, and
| 151 |
that is not a political party, a campaign committee, a political
| 152 |
contributing entity, or a legislative campaign fund. "Political
| 153 |
action committee" does not include either of the following:
| 154 |
(16) "In-kind contribution" means anything of value other
| 185 |
than money that is used to influence the results of an election or
| 186 |
is transferred to or used in support of or in opposition to a
| 187 |
candidate, campaign committee, legislative campaign fund,
| 188 |
political party, political action committee, or political
| 189 |
contributing entity and that is made with the consent of, in
| 190 |
coordination, cooperation, or consultation with, or at the request
| 191 |
or suggestion of the benefited candidate, committee, fund, party,
| 192 |
or entity. The financing of the dissemination, distribution, or
| 193 |
republication, in whole or part, of any broadcast or of any
| 194 |
written, graphic, or other form of campaign materials prepared by
| 195 |
the candidate, the candidate's campaign committee, or their
| 196 |
authorized agents is an in-kind contribution to the candidate and
| 197 |
an expenditure by the candidate.
| 198 |
(d) "Made in coordination, cooperation, or consultation with,
| 218 |
or at the request or suggestion of, any candidate or the campaign
| 219 |
committee or agent of the candidate" means made pursuant to any
| 220 |
arrangement, coordination, or direction by the candidate, the
| 221 |
candidate's campaign committee, or the candidate's agent prior to
| 222 |
the publication, distribution, display, or broadcast of the
| 223 |
communication. An expenditure is presumed to be so made when it is
| 224 |
any of the following:
| 225 |
(18) "Labor organization" means a labor union; an employee
| 246 |
organization; a federation of labor unions, groups, locals, or
| 247 |
other employee organizations; an auxiliary of a labor union,
| 248 |
employee organization, or federation of labor unions, groups,
| 249 |
locals, or other employee organizations; or any other bona fide
| 250 |
organization in which employees participate and that exists for
| 251 |
the purpose, in
whole or in part, of dealing with employers
| 252 |
concerning grievances, labor disputes, wages, hours, and other
| 253 |
terms and conditions of employment.
| 254 |
(25) "Political contributing entity" means any entity,
| 272 |
including a corporation or labor organization, that may lawfully
| 273 |
make contributions and expenditures and that is not an individual
| 274 |
or a political action committee, continuing association, campaign
| 275 |
committee, political party, legislative campaign fund, designated
| 276 |
state campaign committee, or state candidate fund. For purposes of
| 277 |
this division, "lawfully" means not prohibited by any section of
| 278 |
the Revised Code, or authorized by a final judgment of a court of
| 279 |
competent jurisdiction.
| 280 |
Sec. 3517.10. (A) Except as otherwise provided in this
| 281 |
division, every campaign committee, political action committee,
| 282 |
legislative campaign fund, political party, and political
| 283 |
contributing entity that made or received a contribution or made
| 284 |
an expenditure in connection with the nomination or election of
| 285 |
any candidate or in connection with any ballot issue or question
| 286 |
at any election held or to be held in this state shall file, on a
| 287 |
form prescribed under this section or by electronic means of
| 288 |
transmission as provided in this section and section 3517.106 of
| 289 |
the Revised Code, a full, true, and itemized statement, made under
| 290 |
penalty of election falsification, setting forth in detail the
| 291 |
contributions and expenditures, not later than four p.m. of the
| 292 |
following dates:
| 293 |
The statement required under division (A)(1) of this section
| 318 |
shall not be required of any campaign committee, political action
| 319 |
committee, legislative campaign fund, political party, or
| 320 |
political contributing entity that has received contributions of
| 321 |
less than one thousand dollars and has made expenditures of less
| 322 |
than one thousand dollars at the close of business on the
| 323 |
twentieth day before the election. Those contributions and
| 324 |
expenditures shall be reported in the statement required under
| 325 |
division (A)(2) of this section.
| 326 |
No statement under division (A)(3) of this section shall be
| 340 |
required for any year in which a campaign committee, political
| 341 |
action committee, legislative campaign fund, political party, or
| 342 |
political contributing entity is required to file a postgeneral
| 343 |
election statement under division (A)(2) of this section. However,
| 344 |
a statement under division (A)(3) of this section may be filed, at
| 345 |
the option of the campaign committee, political action committee,
| 346 |
legislative campaign fund, political party, or political
| 347 |
contributing entity.
| 348 |
Except as otherwise provided in this paragraph and in the
| 354 |
next paragraph of this section, the only campaign committees
| 355 |
required to file a statement under division (A)(4) of this section
| 356 |
are the campaign committee of a statewide candidate and the
| 357 |
campaign committee of a candidate for county office. The campaign
| 358 |
committee of a candidate for any other nonjudicial office is
| 359 |
required to file a statement under division (A)(4) of this section
| 360 |
if that campaign committee receives, during that period,
| 361 |
contributions exceeding ten thousand dollars.
| 362 |
No statement under division (A)(4) of this section shall be
| 363 |
required of a campaign committee, a political action committee, a
| 364 |
legislative campaign fund, a political party, or a political
| 365 |
contributing entity for any year in which the campaign committee,
| 366 |
political action committee, legislative campaign fund, political
| 367 |
party, or political contributing entity is required to file a
| 368 |
postprimary election statement under division (A)(2) of this
| 369 |
section. However, a statement under division (A)(4) of this
| 370 |
section may be filed at the option of the campaign committee,
| 371 |
political action committee, legislative campaign fund, political
| 372 |
party, or political contributing entity.
| 373 |
No statement under division (A)(3) or (4) of this section
| 374 |
shall be required if the campaign committee, political action
| 375 |
committee, legislative campaign fund, political party, or
| 376 |
political contributing entity has no contributions that it has
| 377 |
received and no expenditures that it has made since the last date
| 378 |
reflected in its last previously filed statement. However, the
| 379 |
campaign committee, political action committee, legislative
| 380 |
campaign fund, political party, or political contributing entity
| 381 |
shall file a statement to that effect, on a form prescribed under
| 382 |
this section and made under penalty of election falsification, on
| 383 |
the date required in division (A)(3) or (4) of this section, as
| 384 |
applicable.
| 385 |
The campaign committee of a statewide candidate shall file a
| 386 |
monthly statement of contributions received during each of the
| 387 |
months of July, August, and September in the year of the general
| 388 |
election in which the candidate seeks office. The campaign
| 389 |
committee of a statewide candidate shall file the monthly
| 390 |
statement not later than three business days after the last day of
| 391 |
the month covered by the statement. During the period beginning on
| 392 |
the nineteenth day before the general election in which a
| 393 |
statewide candidate seeks election to office and extending through
| 394 |
the day of that general election, each time the campaign committee
| 395 |
of the joint candidates for the offices of governor and lieutenant
| 396 |
governor or of a candidate for the office of secretary of state,
| 397 |
auditor of state, treasurer of state, or attorney general receives
| 398 |
a contribution from a contributor that causes the aggregate amount
| 399 |
of contributions received from that contributor during that
| 400 |
period to equal or exceed ten thousand dollars and each time the
| 401 |
campaign committee of a candidate for the office of chief
justice | 402 |
or justice of the supreme court receives a contribution
from a | 403 |
contributor that causes the aggregate amount of
contributions | 404 |
received from that contributor during that period to exceed ten | 405 |
thousand dollars, the campaign committee shall file a | 406 |
two-business-day statement reflecting that contribution. During | 407 |
the period beginning on the nineteenth day before a
primary | 408 |
election in which a candidate for statewide office seeks
| 409 |
nomination to office and extending through the day of that primary
| 410 |
election, each time either the campaign committee of a statewide
| 411 |
candidate in that primary election that files a notice under
| 412 |
division (C)(1) of section 3517.103 of the Revised Code or the
| 413 |
campaign committee of a statewide candidate in that primary
| 414 |
election to which, in accordance with division (D) of section
| 415 |
3517.103 of the Revised Code, the contribution limitations
| 416 |
prescribed in section 3517.102 of the Revised Code no longer apply
| 417 |
receives a contribution from a contributor that causes the
| 418 |
aggregate amount of contributions received from that contributor
| 419 |
during that period to exceed ten thousand dollars, the campaign
| 420 |
committee shall file a two-business-day statement reflecting that
| 421 |
contribution. Contributions reported on a two-business-day
| 422 |
statement required to be filed by a campaign committee of a
| 423 |
statewide candidate in a primary election shall also be included
| 424 |
in the postprimary election statement required to be filed by that
| 425 |
campaign committee under division (A)(2) of this section. A
| 426 |
two-business-day statement required by this paragraph shall be
| 427 |
filed not later than two business days after receipt of the
| 428 |
contribution. The statements required by this paragraph shall be
| 429 |
filed in addition to any other statements required by this
| 430 |
section.
| 431 |
Subject to the secretary of state having implemented, tested,
| 432 |
and verified the successful operation of any system the secretary
| 433 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of
| 434 |
this section and division (H)(1) of section 3517.106 of the
| 435 |
Revised Code for the filing of campaign finance statements by
| 436 |
electronic means of transmission, a campaign committee of a
| 437 |
statewide candidate shall file a two-business-day statement under
| 438 |
the preceding paragraph by electronic means of transmission if the
| 439 |
campaign committee is required to file a pre-election,
| 440 |
postelection, or monthly statement of contributions and
| 441 |
expenditures by electronic means of transmission under this
| 442 |
section or section 3517.106 of the Revised Code.
| 443 |
If a campaign committee or political action committee has no
| 444 |
balance on hand and no outstanding obligations and desires to
| 445 |
terminate itself, it shall file a statement to that effect, on a
| 446 |
form prescribed under this section and made under penalty of
| 447 |
election falsification, with the official with whom it files a
| 448 |
statement under division (A) of this section after filing a final
| 449 |
statement of contributions and a final statement of expenditures,
| 450 |
if contributions have been received or expenditures made since the
| 451 |
period reflected in its last previously filed statement.
| 452 |
(b)(i) The full name and address of each person, political
| 471 |
party, campaign committee, legislative campaign fund, political
| 472 |
action committee, or political contributing entity from whom
| 473 |
contributions are received and the registration number assigned to
| 474 |
the political action committee under division (D)(1) of this
| 475 |
section. The requirement of filing the full address does not apply
| 476 |
to any statement filed by a state or local committee of a
| 477 |
political party, to a finance committee of such committee, or to a
| 478 |
committee recognized by a state or local committee as its
| 479 |
fund-raising auxiliary. Notwithstanding division (F) of this
| 480 |
section, the requirement of filing the full address shall be
| 481 |
considered as being met if the address filed is the same address
| 482 |
the contributor provided under division (E)(1) of this section.
| 483 |
(ii) If a political action committee, political contributing
| 484 |
entity, legislative campaign fund, or political party that is
| 485 |
required to file campaign finance statements by electronic means
| 486 |
of transmission under section 3517.106 of the Revised Code or a
| 487 |
campaign committee of a statewide candidate or candidate for the
| 488 |
office of member of the general assembly receives a contribution
| 489 |
from an individual that exceeds one hundred dollars, the name of
| 490 |
the individual's current employer, if any, or, if the individual
| 491 |
is self-employed, the individual's occupation and the name of the
| 492 |
individual's business, if any;
| 493 |
(iii) If a campaign committee of a statewide candidate or
| 494 |
candidate for the office of member of the general assembly
| 495 |
receives a contribution transmitted pursuant to section 3599.031
| 496 |
of the Revised Code from amounts deducted from the wages and
| 497 |
salaries of two or more employees that exceeds in the aggregate
| 498 |
one hundred dollars during any one filing period under division
| 499 |
(A)(1), (2), (3), or (4) of this section, the full name of the
| 500 |
employees' employer and the full name of the labor organization of
| 501 |
which the employees are members, if any.
| 502 |
(e) A separately itemized account of all contributions and
| 506 |
expenditures regardless of the amount, except a receipt of a
| 507 |
contribution from a person in the sum of twenty-five dollars or
| 508 |
less at one social or fund-raising activity and a receipt of a
| 509 |
contribution transmitted pursuant to section 3599.031 of the
| 510 |
Revised Code from amounts deducted from the wages and salaries of
| 511 |
employees if the contribution from the amount deducted from the
| 512 |
wages and salary of any one employee is twenty-five dollars or
| 513 |
less aggregated in a calendar year. An account of the total
| 514 |
contributions from each social or fund-raising activity shall
| 515 |
include a description of and the value of each in-kind
| 516 |
contribution received at that activity from any person who made
| 517 |
one or more such contributions whose aggregate value exceeded two
| 518 |
hundred fifty dollars and shall be listed separately, together
| 519 |
with the expenses incurred and paid in connection with that
| 520 |
activity. A campaign committee, political action committee,
| 521 |
legislative campaign fund, political party, or political
| 522 |
contributing entity shall keep records of contributions from each
| 523 |
person in the amount of twenty-five dollars or less at one social
| 524 |
or fund-raising activity and contributions from amounts deducted
| 525 |
under section 3599.031 of the Revised Code from the wages and
| 526 |
salary of each employee in the amount of twenty-five dollars or
| 527 |
less aggregated in a calendar year. No continuing association that
| 528 |
is recognized by a state or local committee of a political party
| 529 |
as an auxiliary of the party and that makes a contribution from
| 530 |
funds derived solely from regular dues paid by members of the
| 531 |
auxiliary shall be required to list the name or address of any
| 532 |
members who paid those dues.
| 533 |
(f) In the case of a campaign committee of a state elected
| 539 |
officer, if a person doing business with the state elected officer
| 540 |
in the officer's official capacity makes a contribution to the
| 541 |
campaign committee of that officer, the information required under
| 542 |
division (B)(4) of this section in regard to that contribution,
| 543 |
which shall be filed together with and considered a part of the
| 544 |
committee's statement of contributions as required under division
| 545 |
(A) of this section but shall be filed on a separate form provided
| 546 |
by the secretary of state. As used in this division:
| 547 |
(C)(1) The statement of contributions and expenditures shall
| 566 |
be signed by the person completing the form. If a statement of
| 567 |
contributions and expenditures is filed by electronic means of
| 568 |
transmission pursuant to this section or section 3517.106 of the
| 569 |
Revised Code, the electronic signature of the person who executes
| 570 |
the statement and transmits the statement by electronic means of
| 571 |
transmission, as provided in division (H) of section 3517.106 of
| 572 |
the Revised Code, shall be attached to or associated with the
| 573 |
statement and shall be binding on all persons and for all purposes
| 574 |
under the campaign finance reporting law as if the signature had
| 575 |
been handwritten in ink on a printed form.
| 576 |
(5) The campaign committee of any person who attempts to
| 594 |
become a candidate and who, for any reason, does not become
| 595 |
certified in accordance with Title XXXV of the Revised Code for
| 596 |
placement on the official ballot of a primary, general, or special
| 597 |
election to be held in this state, and who, at any time prior to
| 598 |
or after an election, receives contributions or makes
| 599 |
expenditures, or has given consent for another to receive
| 600 |
contributions or make expenditures, for the purpose of bringing
| 601 |
about the person's nomination or election to public office, shall
| 602 |
file the statement or statements prescribed by this section and a
| 603 |
termination statement, if applicable. Division (C)(5) of this
| 604 |
section does not apply to any person with respect to an election
| 605 |
to the offices of member of a county or state central committee,
| 606 |
presidential elector, or delegate to a national convention or
| 607 |
conference of a political party.
| 608 |
(b) The secretary of state shall prescribe the form for all
| 614 |
statements required to be filed under this section and shall
| 615 |
furnish the forms to the boards of elections in the several
| 616 |
counties. The boards of elections shall supply printed copies of
| 617 |
those forms without charge. The secretary of state shall prescribe
| 618 |
the appropriate methodology, protocol, and data file structure for
| 619 |
statements required or permitted to be filed by electronic means
| 620 |
of transmission under division (A) of this section, divisions (E),
| 621 |
(F), and (G) of section 3517.106, division (D) of section
| 622 |
3517.1011, division (B) of section 3517.1012, and division (C) of
| 623 |
section 3517.1013, and divisions (D) and (I) of section 3517.1014 | 624 |
of the Revised Code. Subject to division (A) of this section,
| 625 |
divisions (E), (F), and (G) of section 3517.106, division (D) of
| 626 |
section 3517.1011, division (B) of section 3517.1012, and division
| 627 |
(C) of section 3517.1013, and divisions (D) and (I) of section
| 628 |
3517.1014 of the Revised Code, the statements required to be
| 629 |
stored on computer by the secretary of state under division (B) of
| 630 |
section 3517.106 of the Revised Code shall be filed in whatever
| 631 |
format the secretary of state considers necessary to enable the
| 632 |
secretary of state to store the information contained in the
| 633 |
statements on computer. Any such format shall be of a type and
| 634 |
nature that is readily available to whoever is required to file
| 635 |
the statements in that format.
| 636 |
(c) The secretary of state shall assess the need for training
| 637 |
regarding the filing of campaign finance statements by electronic
| 638 |
means of transmission and regarding associated technologies for
| 639 |
candidates, campaign committees, political action committees,
| 640 |
legislative campaign funds, political parties, or political
| 641 |
contributing entities, for individuals, partnerships, or other
| 642 |
entities, or for persons making disbursements to pay the direct
| 643 |
costs of producing or airing electioneering communications, or for
| 644 |
treasurers of transition funds, required or permitted to file
| 645 |
statements by electronic means of transmission under this section
| 646 |
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013,
| 647 |
or 3517.1014 of the Revised Code. If, in the opinion of the
| 648 |
secretary of state, training in these areas is necessary, the
| 649 |
secretary of state shall arrange for the provision of voluntary
| 650 |
training programs for candidates, campaign committees, political
| 651 |
action committees, legislative campaign funds, political parties,
| 652 |
or political contributing entities, for individuals, partnerships,
| 653 |
and other entities, or for persons making disbursements to pay the
| 654 |
direct costs of producing or airing electioneering communications,
| 655 |
or for treasurers of transition funds, as appropriate.
| 656 |
(D)(1) Prior to receiving a contribution or making an
| 662 |
expenditure, every campaign committee, political action committee,
| 663 |
legislative campaign fund, political party, or political
| 664 |
contributing entity shall appoint a treasurer and shall file, on a
| 665 |
form prescribed by the secretary of state, a designation of that
| 666 |
appointment, including the full name and address of the treasurer
| 667 |
and of the campaign committee, political action committee,
| 668 |
legislative campaign fund, political party, or political
| 669 |
contributing entity. That designation shall be filed with the
| 670 |
official with whom the campaign committee, political action
| 671 |
committee, legislative campaign fund, political party, or
| 672 |
political contributing entity is required to file statements under
| 673 |
section 3517.11 of the Revised Code. The name of a campaign
| 674 |
committee shall include at least the last name of the campaign
| 675 |
committee's candidate. If two or more candidates are the
| 676 |
beneficiaries of a single campaign committee under division (B) of
| 677 |
section 3517.081 of the Revised Code, the name of the campaign
| 678 |
committee shall include at least the last name of each candidate
| 679 |
who is a beneficiary of that campaign committee. The secretary of
| 680 |
state shall assign a registration number to each political action
| 681 |
committee that files a designation of the appointment of a
| 682 |
treasurer under this division if the political action committee is
| 683 |
required by division (A)(1) of section 3517.11 of the Revised Code
| 684 |
to file the statements prescribed by this section with the
| 685 |
secretary of state.
| 686 |
(c) A state or county political party may establish a state
| 698 |
candidate fund that is separate from an account that contains the
| 699 |
public moneys received from the Ohio political party fund under
| 700 |
section 3517.17 of the Revised Code and from all other funds. A
| 701 |
state or county political party may deposit into its state
| 702 |
candidate fund any amounts of monetary contributions that are made
| 703 |
to or accepted by the political party subject to the applicable
| 704 |
limitations, if any, prescribed in section 3517.102 of the Revised
| 705 |
Code. A state or county political party shall deposit all other
| 706 |
monetary contributions received by the party into one or more
| 707 |
accounts that are separate from its state candidate fund and from
| 708 |
its account that contains the public moneys received from the Ohio
| 709 |
political party fund under section 3517.17 of the Revised Code.
| 710 |
(d) Each state political party shall have only one
| 711 |
legislative campaign fund for each house of the general assembly.
| 712 |
Each such fund shall be separate from any other funds or accounts
| 713 |
of that state party. A legislative campaign fund is authorized to
| 714 |
receive contributions and make expenditures for the primary
| 715 |
purpose of furthering the election of candidates who are members
| 716 |
of that political party to the house of the general assembly with
| 717 |
which that legislative campaign fund is associated. Each
| 718 |
legislative campaign fund shall be administered and controlled in
| 719 |
a manner designated by the caucus. As used in this division,
| 720 |
"caucus" has the same meaning as in section 3517.01 of the Revised
| 721 |
Code and includes, as an ex officio member, the chairperson of the
| 722 |
state political party with which the caucus is associated or that
| 723 |
chairperson's designee.
| 724 |
(b) The manner of preserving the contribution and
| 746 |
expenditure, contribution and disbursement, deposit and
| 747 |
disbursement, or gift and disbursement, or donation and
| 748 |
disbursement information in the statements described in division
| 749 |
(D)(6)(a) of this section. The secretary of state shall preserve
| 750 |
the contribution and expenditure, contribution and disbursement,
| 751 |
deposit and disbursement, or gift and disbursement, or donation
| 752 |
and disbursement information in those statements for at least ten
| 753 |
years after the year in which they are filed by electronic means
| 754 |
of transmission.
| 755 |
(7) The secretary of state, pursuant to division (I) of
| 756 |
section 3517.106 of the Revised Code, shall make available online
| 757 |
to the public through the internet the contribution and
| 758 |
expenditure, contribution and disbursement, deposit and
| 759 |
disbursement, or gift and disbursement, or donation and
| 760 |
disbursement information in all statements, all addenda,
| 761 |
amendments, or other corrections to statements, and all amended
| 762 |
statements filed with the secretary of state by electronic or
| 763 |
other means of transmission under this section, division (B)(2)(b)
| 764 |
or (C)(2)(b) of section 3517.105, or section 3517.106, 3517.1011,
| 765 |
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code.
| 766 |
The secretary of state may remove the information from the
| 767 |
internet after a reasonable period of time.
| 768 |
(E)(1) Any person, political party, campaign committee,
| 769 |
legislative campaign fund, political action committee, or
| 770 |
political contributing entity that makes a contribution in
| 771 |
connection with the nomination or election of any candidate or in
| 772 |
connection with any ballot issue or question at any election held
| 773 |
or to be held in this state shall provide its full name and
| 774 |
address to the recipient of the contribution at the time the
| 775 |
contribution is made. The political action committee also shall
| 776 |
provide the registration number assigned to the committee under
| 777 |
division (D)(1) of this section to the recipient of the
| 778 |
contribution at the time the contribution is made.
| 779 |
(2) Any individual who makes a contribution that exceeds one
| 780 |
hundred dollars to a political action committee, political
| 781 |
contributing entity, legislative campaign fund, or political party
| 782 |
or to a campaign committee of a statewide candidate or candidate
| 783 |
for the office of member of the general assembly shall provide the
| 784 |
name of the individual's current employer, if any, or, if the
| 785 |
individual is self-employed, the individual's occupation and the
| 786 |
name of the individual's business, if any, to the recipient of the
| 787 |
contribution at the time the contribution is made. Sections
| 788 |
3599.39 and 3599.40 of the Revised Code do not apply to division
| 789 |
(E)(2) of this section.
| 790 |
(3) If a campaign committee shows that it has exercised its
| 791 |
best efforts to obtain, maintain, and submit the information
| 792 |
required under divisions (B)(4)(b)(ii) and (iii) of this section,
| 793 |
that committee is considered to have met the requirements of those
| 794 |
divisions. A campaign committee shall not be considered to have
| 795 |
exercised its best efforts unless, in connection with written
| 796 |
solicitations, it regularly includes a written request for the
| 797 |
information required under division (B)(4)(b)(ii) of this section
| 798 |
from the contributor or the information required under division
| 799 |
(B)(4)(b)(iii) of this section from whoever transmits the
| 800 |
contribution.
| 801 |
(c) If an address is required in this section, a campaign
| 817 |
committee, political action committee, legislative campaign fund,
| 818 |
political party, or political contributing entity may use the
| 819 |
business or residence address of its treasurer or deputy
| 820 |
treasurer. The post-office box number of the campaign committee,
| 821 |
political action committee, legislative campaign fund, political
| 822 |
party, or political contributing entity may be used in addition to
| 823 |
that address.
| 824 |
(e) As used with regard to the reporting under this section
| 834 |
of any expenditure, "address" means all of the following if they
| 835 |
exist: apartment number, street, road, or highway name and number,
| 836 |
rural delivery route number, city or village, state, and zip code
| 837 |
as used in a person's post-office address, or post-office box. If
| 838 |
an address concerning any expenditure is required in this section,
| 839 |
a campaign committee, political action committee, legislative
| 840 |
campaign fund, political party, or political contributing entity
| 841 |
may use the business or residence address of its treasurer or
| 842 |
deputy treasurer or its post-office box number.
| 843 |
(H)(1) Except as otherwise provided in division (H)(2) of
| 859 |
this section, if, during the combined pre-election and
| 860 |
postelection reporting periods for an election, a campaign
| 861 |
committee has received contributions of five hundred dollars or
| 862 |
less and has made expenditures in the total amount of five hundred
| 863 |
dollars or less, it may file a statement to that effect, under
| 864 |
penalty of election falsification, in lieu of the statement
| 865 |
required by division (A)(2) of this section. The statement shall
| 866 |
indicate the total amount of contributions received and the total
| 867 |
amount of expenditures made during those combined reporting
| 868 |
periods.
| 869 |
(2) In the case of a successful candidate at a primary
| 870 |
election, if either the total contributions received by or the
| 871 |
total expenditures made by the candidate's campaign committee
| 872 |
during the preprimary, postprimary, pregeneral, and postgeneral
| 873 |
election periods combined equal more than five hundred dollars,
| 874 |
the campaign committee may file the statement under division
| 875 |
(H)(1) of this section only for the primary election. The first
| 876 |
statement that the campaign committee files in regard to the
| 877 |
general election shall reflect all contributions received and all
| 878 |
expenditures made during the preprimary and postprimary election
| 879 |
periods.
| 880 |
(K)(1) In addition to filing a designation of appointment of
| 933 |
a treasurer under division (D)(1) of this section, the campaign
| 934 |
committee of any candidate for an elected municipal office that
| 935 |
pays an annual amount of compensation of five thousand dollars or
| 936 |
less, the campaign committee of any candidate for member of a
| 937 |
board of education except member of the state board of education,
| 938 |
or the campaign committee of any candidate for township trustee or
| 939 |
township fiscal officer may sign, under penalty of election
| 940 |
falsification, a certificate attesting that the committee will not
| 941 |
accept contributions during an election period that exceed in the
| 942 |
aggregate two thousand dollars from all contributors and one
| 943 |
hundred dollars from any one individual, and that the campaign
| 944 |
committee will not make expenditures during an election period
| 945 |
that exceed in the aggregate two thousand dollars.
| 946 |
(3) If, after filing a certificate under division (K)(1) of
| 956 |
this section, a campaign committee exceeds any of the limitations
| 957 |
described in that division during an election period, the
| 958 |
certificate is void and thereafter the campaign committee shall
| 959 |
file the statements required by division (A) of this section. If
| 960 |
the campaign committee has not previously filed a statement, then
| 961 |
on the first statement the campaign committee is required to file
| 962 |
under division (A) of this section after the committee's
| 963 |
certificate is void, the committee shall report all contributions
| 964 |
received and expenditures made from the time the candidate filed
| 965 |
the candidate's declaration of candidacy and petition, nominating
| 966 |
petition, or declaration of intent to be a write-in candidate.
| 967 |
(4) As used in division (K) of this section, "election
| 968 |
period" means the period of time beginning on the day a person
| 969 |
files a declaration of candidacy and petition, nominating
| 970 |
petition, or declaration of intent to be a write-in candidate
| 971 |
through the day of the election at which the person seeks
| 972 |
nomination to office if the person is not elected to office, or,
| 973 |
if the candidate was nominated in a primary election, the day of
| 974 |
the election at which the candidate seeks office.
| 975 |
(L) A political contributing entity that receives
| 976 |
contributions from the dues, membership fees, or other assessments
| 977 |
of its members or from its officers, shareholders, and employees
| 978 |
may report the aggregate amount of contributions received from
| 979 |
those contributors and the number of individuals making those
| 980 |
contributions, for each filing period under divisions (A)(1), (2),
| 981 |
(3), and (4) of this section, rather than reporting information as
| 982 |
required under division (B)(4) of this section, including, when
| 983 |
applicable, the name of the current employer, if any, of a
| 984 |
contributor whose contribution exceeds one hundred dollars or, if
| 985 |
such a contributor is self-employed, the contributor's occupation
| 986 |
and the name of the contributor's business, if any. Division
| 987 |
(B)(4) of this section applies to a political contributing entity
| 988 |
with regard to contributions it receives from all other
| 989 |
contributors.
| 990 |
(C)(1) The secretary of state shall make available to the
| 1035 |
campaign committees, political action committees, political
| 1036 |
contributing entities, legislative campaign funds, political
| 1037 |
parties, individuals, partnerships, corporations, labor
| 1038 |
organizations, treasurers of transition funds, and other entities
| 1039 |
described in division (B) of this section, and to members of the
| 1040 |
news media and other interested persons, for a reasonable fee,
| 1041 |
computer programs that are compatible with the secretary of
| 1042 |
state's method of storing the information contained in the
| 1043 |
statements.
| 1044 |
(E)(1) Subject to division (L) of this section and subject to
| 1055 |
the secretary of state having implemented, tested, and verified
| 1056 |
the successful operation of any system the secretary of state
| 1057 |
prescribes pursuant to division (H)(1) of this section and
| 1058 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised
| 1059 |
Code for the filing of campaign finance statements by electronic
| 1060 |
means of transmission, the campaign committee of each candidate
| 1061 |
for statewide office may file the statements prescribed by section
| 1062 |
3517.10 of the Revised Code by electronic means of transmission
| 1063 |
or, if the total amount of the contributions received or the total
| 1064 |
amount of the expenditures made by the campaign committee for the
| 1065 |
applicable reporting period as specified in division (A) of
| 1066 |
section 3517.10 of the Revised Code exceeds ten thousand dollars,
| 1067 |
shall file those statements by electronic means of transmission.
| 1068 |
Except as otherwise provided in this division, within five
| 1069 |
business days after a statement filed by a campaign committee of a
| 1070 |
candidate for statewide office is received by the secretary of
| 1071 |
state by electronic or other means of transmission, the secretary
| 1072 |
of state shall make available online to the public through the
| 1073 |
internet, as provided in division (I) of this section, the
| 1074 |
contribution and expenditure information in that statement. The
| 1075 |
secretary of state shall not make available online to the public
| 1076 |
through the internet any contribution or expenditure information
| 1077 |
contained in a statement for any candidate until the secretary of
| 1078 |
state is able to make available online to the public through the
| 1079 |
internet the contribution and expenditure information for all
| 1080 |
candidates for a particular office, or until the applicable filing
| 1081 |
deadline for that statement has passed, whichever is sooner. As
| 1082 |
soon as the secretary of state has available all of the
| 1083 |
contribution and expenditure information for all candidates for a
| 1084 |
particular office, or as soon as the applicable filing deadline
| 1085 |
for a statement has passed, whichever is sooner, the secretary of
| 1086 |
state shall simultaneously make available online to the public
| 1087 |
through the internet the information for all candidates for that
| 1088 |
office.
| 1089 |
(2) Subject to the secretary of state having implemented,
| 1107 |
tested, and verified the successful operation of any system the
| 1108 |
secretary of state prescribes pursuant to division (H)(1) of this
| 1109 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
| 1110 |
the Revised Code for the filing of campaign finance statements by
| 1111 |
electronic means of transmission, a political action committee and
| 1112 |
a political contributing entity described in division (B)(1)(b) of
| 1113 |
this section, a legislative campaign fund, and a state political
| 1114 |
party may file the statements prescribed by section 3517.10 of the | 1115 |
Revised Code by electronic means of transmission or, if the total | 1116 |
amount of the contributions received or the total amount of the | 1117 |
expenditures made by the political action committee, political | 1118 |
contributing entity, legislative campaign fund, or state political | 1119 |
party for the applicable reporting period as specified in division | 1120 |
(A) of section 3517.10 of the Revised Code exceeds ten thousand | 1121 |
dollars, shall file those statements by electronic means of | 1122 |
transmission.
| 1123 |
Within five business days after a statement filed by a
| 1124 |
political action committee or a political contributing entity
| 1125 |
described in division (B)(1)(b) of this section, a legislative
| 1126 |
campaign fund, or a state political party is received by the
| 1127 |
secretary of state by electronic or other means of transmission,
| 1128 |
the secretary of state shall make available online to the public
| 1129 |
through the internet, as provided in division (I) of this section,
| 1130 |
the contribution and expenditure information in that statement.
| 1131 |
If a statement filed by electronic means of transmission is
| 1132 |
found to be incomplete or inaccurate after the examination of the
| 1133 |
statement for completeness and accuracy pursuant to division
| 1134 |
(B)(3)(a) of section 3517.11 of
the Revised Code, the political
| 1135 |
action committee, political contributing entity, legislative
| 1136 |
campaign fund, or state political party shall file by electronic
| 1137 |
means of transmission any addendum to the statement that provides
| 1138 |
the information necessary to complete or correct the statement or,
| 1139 |
if required by the secretary of state under that division, an
| 1140 |
amended statement.
| 1141 |
Within five business days after the secretary of state
| 1142 |
receives from a political action committee or a political
| 1143 |
contributing entity described in division (B)(1)(b) of this
| 1144 |
section, a legislative campaign fund, or a state political party
| 1145 |
an addendum to the statement or an amended statement by electronic
| 1146 |
or other means of transmission under this division or division
| 1147 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
| 1148 |
state shall make the contribution and expenditure information in
| 1149 |
the addendum or amended statement available online to the public
| 1150 |
through the internet as provided in division (I) of this section.
| 1151 |
(3) Subject to the secretary of state having implemented,
| 1152 |
tested, and verified the successful operation of any system the
| 1153 |
secretary of state prescribes pursuant to division (H)(1) of this
| 1154 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
| 1155 |
the Revised Code for the filing of campaign finance statements by
| 1156 |
electronic means of transmission, a county political party shall
| 1157 |
file the statements prescribed by section 3517.10 of the Revised
| 1158 |
Code with respect to its state candidate fund by electronic means
| 1159 |
of transmission to the office of the secretary of state.
| 1160 |
(F)(1) Subject to division (L) of this section and subject to
| 1184 |
the secretary of state having implemented, tested, and verified
| 1185 |
the successful operation of any system the secretary of state
| 1186 |
prescribes pursuant to division (H)(1) of this section and
| 1187 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised
| 1188 |
Code for the filing of campaign finance statements by electronic
| 1189 |
means of transmission, a campaign committee of a candidate for the
| 1190 |
office of member of the general assembly or a campaign committee
| 1191 |
of a candidate for the office of judge of a court of appeals may
| 1192 |
file the statements prescribed by section 3517.10 of the Revised
| 1193 |
Code in accordance with division (A)(2) of section 3517.11 of the
| 1194 |
Revised Code or by electronic means of transmission to the office
| 1195 |
of the secretary of state or, if the total amount of the
| 1196 |
contributions received by the campaign committee for the
| 1197 |
applicable reporting period as specified in division (A) of
| 1198 |
section 3517.10 of the Revised Code exceeds ten thousand dollars,
| 1199 |
shall file those statements by electronic means of transmission to
| 1200 |
the office of the secretary of state.
| 1201 |
Except as otherwise provided in this division, within five
| 1202 |
business days after a statement filed by a campaign committee of a
| 1203 |
candidate for the office of member of the general assembly or a
| 1204 |
campaign committee of a candidate for the office of judge of a
| 1205 |
court of appeals is received by the secretary of state by
| 1206 |
electronic or other means of transmission, the secretary of state
| 1207 |
shall make available online to the public through the internet, as
| 1208 |
provided in division (I) of this section, the contribution and
| 1209 |
expenditure information in that statement. The secretary of state
| 1210 |
shall not make available online to the public through the internet
| 1211 |
any contribution or expenditure information contained in a
| 1212 |
statement for any candidate until the secretary of state is able
| 1213 |
to make available online to the public through the internet the
| 1214 |
contribution and expenditure information for all candidates for a
| 1215 |
particular office, or until the applicable filing deadline for
| 1216 |
that statement has passed, whichever is sooner. As soon as the
| 1217 |
secretary of state has available all of the contribution and
| 1218 |
expenditure information for all candidates for a particular
| 1219 |
office, or as soon as the applicable filing deadline for a
| 1220 |
statement has passed, whichever is sooner, the secretary of state
| 1221 |
shall simultaneously make available online to the public through
| 1222 |
the internet the information for all candidates for that office.
| 1223 |
If a statement filed by electronic means of transmission is
| 1224 |
found to be incomplete or inaccurate after the examination of the
| 1225 |
statement for completeness and accuracy pursuant to division
| 1226 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign
| 1227 |
committee shall file by electronic means of transmission to the
| 1228 |
office of the secretary of state any addendum to the statement
| 1229 |
that provides the information necessary to complete or correct the
| 1230 |
statement or, if required by the secretary of state under that
| 1231 |
division, an amended statement.
| 1232 |
Within five business days after the secretary of state
| 1233 |
receives from a campaign committee of a candidate for the office
| 1234 |
of member of the general assembly or a campaign committee of a
| 1235 |
candidate for the office of judge of a court of appeals an
| 1236 |
addendum to the statement or an amended statement by electronic or
| 1237 |
other means of transmission under this division or division
| 1238 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
| 1239 |
state shall make the contribution and expenditure information in
| 1240 |
the addendum or amended statement available online to the public
| 1241 |
through the internet as provided in division (I) of this section.
| 1242 |
(2) If a statement, addendum, or amended statement is not
| 1243 |
filed by electronic means of transmission to the office of the
| 1244 |
secretary of state but is filed by printed version only under
| 1245 |
division (A)(2) of section 3517.11 of the Revised Code with the
| 1246 |
appropriate board of elections, the campaign committee of a
| 1247 |
candidate for the office of member of the general assembly or a
| 1248 |
campaign committee of a candidate for the office of judge of a
| 1249 |
court of appeals shall file two copies of the printed version of
| 1250 |
the statement, addendum, or amended statement with the board of
| 1251 |
elections. The board of elections shall send one of those copies
| 1252 |
by certified mail to the secretary of state before the close of
| 1253 |
business on the day the board of elections receives the statement,
| 1254 |
addendum, or amended statement.
| 1255 |
(G) Subject to the secretary of state having implemented,
| 1256 |
tested, and verified the successful operation of any system the
| 1257 |
secretary of state prescribes pursuant to division (H)(1) of this
| 1258 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of
| 1259 |
the Revised Code for the filing of campaign finance statements by
| 1260 |
electronic means of transmission, any individual, partnership, or
| 1261 |
other entity that makes independent expenditures in support of or
| 1262 |
opposition to a statewide candidate or a statewide ballot issue or
| 1263 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section
| 1264 |
3517.105 of the Revised Code may file the statement specified in
| 1265 |
that division by electronic means of transmission or, if the total
| 1266 |
amount of independent expenditures made during the reporting
| 1267 |
period under that division exceeds ten thousand dollars, shall
| 1268 |
file the statement specified in that division by electronic means
| 1269 |
of transmission.
| 1270 |
If a statement filed by electronic means of transmission is
| 1277 |
found to be incomplete or inaccurate after the examination of the
| 1278 |
statement for completeness and accuracy pursuant to division
| 1279 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,
| 1280 |
partnership, or other entity shall file by electronic means of
| 1281 |
transmission any addendum to the statement that provides the
| 1282 |
information necessary to complete or correct the statement or, if
| 1283 |
required by the secretary of state under that division, an amended
| 1284 |
statement.
| 1285 |
Within five business days after the secretary of state
| 1286 |
receives from an individual, partnership, or other entity
| 1287 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105
| 1288 |
of the Revised Code an addendum to the statement or an amended
| 1289 |
statement by electronic or other means of transmission under this
| 1290 |
division or division (B)(3)(a) of section 3517.11 of the Revised
| 1291 |
Code, the secretary of state shall make the expenditure
| 1292 |
information in the addendum or amended statement available online
| 1293 |
to the public through the internet as provided in division (I) of
| 1294 |
this section.
| 1295 |
(H)(1) The secretary of state, by rule adopted pursuant to
| 1296 |
section 3517.23 of the Revised Code, shall prescribe one or more
| 1297 |
techniques by which a person who executes and transmits by
| 1298 |
electronic means a statement of contributions and expenditures, a
| 1299 |
statement of independent expenditures, a disclosure of
| 1300 |
electioneering communications statement, a deposit and
| 1301 |
disbursement statement, or a gift and disbursement statement, or a
| 1302 |
donation and disbursement statement, an addendum to any of those
| 1303 |
statements, an amended statement of contributions and
| 1304 |
expenditures, an amended statement of independent expenditures,
| 1305 |
an amended disclosure of electioneering communications statement,
| 1306 |
an amended deposit and disbursement statement, or an amended gift
| 1307 |
and disbursement statement, or an amended donation and
| 1308 |
disbursement statement, under this section or section 3517.10,
| 1309 |
3517.105, 3517.1011, 3517.1012,
or 3517.1013, or 3517.1014 of the
| 1310 |
Revised Code shall electronically sign the statement, addendum,
| 1311 |
or amended statement. Any technique prescribed by the secretary
| 1312 |
of state pursuant to this division shall create an electronic
| 1313 |
signature that satisfies all of the following:
| 1314 |
(2) An electronic signature prescribed by the secretary of
| 1324 |
state under division (H)(1) of this section shall be attached to
| 1325 |
or associated with the statement of contributions and
| 1326 |
expenditures, the statement of independent expenditures, the
| 1327 |
disclosure of electioneering communications statement, the deposit
| 1328 |
and disbursement statement, or the gift and disbursement
| 1329 |
statement, or the donation and disbursement statement, the
| 1330 |
addendum to any of those statements, the amended statement of
| 1331 |
contributions and expenditures, the amended statement of
| 1332 |
independent expenditures, the amended disclosure of
| 1333 |
electioneering communications statement, the amended deposit and
| 1334 |
disbursement statement, or the amended gift and disbursement
| 1335 |
statement, or the amended donation and disbursement statement that
| 1336 |
is executed and transmitted by electronic means by the person to
| 1337 |
whom the electronic signature is attributed. The electronic
| 1338 |
signature that is attached to or associated with the statement,
| 1339 |
addendum, or amended statement under this division shall be
| 1340 |
binding on all persons and for all purposes under the campaign
| 1341 |
finance reporting law as if the signature had been handwritten in
| 1342 |
ink on a printed form.
| 1343 |
(I) The secretary of state shall make the contribution and
| 1344 |
expenditure, the contribution and disbursement, the deposit and
| 1345 |
disbursement, or the gift and disbursement, or the donation and
| 1346 |
disbursement information in all statements, all addenda to the
| 1347 |
statements, and all amended statements that are filed with the
| 1348 |
secretary of state by electronic or other means of transmission
| 1349 |
under this section or section 3517.10, 3517.105, 3517.1011,
| 1350 |
3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code
| 1351 |
available online to the public by any means that are searchable,
| 1352 |
viewable, and accessible through the internet.
| 1353 |
(K) It is an affirmative defense to a complaint or charge
| 1386 |
brought against any campaign committee, political action
| 1387 |
committee, political contributing entity, legislative campaign
| 1388 |
fund, or political party, any individual, partnership, or other
| 1389 |
entity, or any person making disbursements to pay the direct costs
| 1390 |
of producing or airing electioneering communications, or any
| 1391 |
treasurer of a transition fund, for the failure to file by
| 1392 |
electronic means of transmission a campaign finance statement as
| 1393 |
required by this section or section 3517.10, 3517.105, 3517.1011,
| 1394 |
3517.1012, or 3517.1013, or 3517.1014 of the Revised Code that
| 1395 |
all of the following apply to the campaign committee, political
| 1396 |
action committee, political contributing entity, legislative
| 1397 |
campaign fund, or political party, the individual, partnership,
| 1398 |
or other entity, or the person making disbursements to pay the
| 1399 |
direct costs of producing or airing electioneering
| 1400 |
communications, or the treasurer of a transition fund that failed
| 1401 |
to so file:
| 1402 |
(1) The campaign committee, political action committee,
| 1403 |
political contributing entity, legislative campaign fund, or
| 1404 |
political party, the individual, partnership, or other entity, or | 1405 |
the person making disbursements to pay the direct costs of
| 1406 |
producing or airing electioneering communications, or the
| 1407 |
treasurer of a transition fund attempted to file by electronic
| 1408 |
means of transmission the required statement prior to the deadline
| 1409 |
set forth in the applicable section.
| 1410 |
(2) The campaign committee, political action committee,
| 1411 |
political contributing entity, legislative campaign fund, or
| 1412 |
political party, the individual, partnership, or other entity, or | 1413 |
the person making disbursements to pay the direct costs of
| 1414 |
producing or airing electioneering communications, or the
| 1415 |
treasurer of a transition fund was unable to file by electronic
| 1416 |
means of transmission due to an expected or unexpected shutdown of
| 1417 |
the whole or part of the electronic campaign finance
| 1418 |
statement-filing system, such as for maintenance or because of
| 1419 |
hardware, software, or network connection failure.
| 1420 |
(3) The campaign committee, political action committee,
| 1421 |
political contributing entity, legislative campaign fund, or
| 1422 |
political party, the individual, partnership, or other entity, or | 1423 |
the person making disbursements to pay the direct costs of
| 1424 |
producing or airing electioneering communications, or the
| 1425 |
treasurer of a transition fund filed by electronic means of
| 1426 |
transmission the required statement within a reasonable period of
| 1427 |
time after being unable to so file it under the circumstance
| 1428 |
described in division (K)(2) of this section.
| 1429 |
(L)(1) The secretary of state shall adopt rules pursuant to
| 1430 |
Chapter 119. of the Revised Code to permit a campaign committee of
| 1431 |
a candidate for statewide office that makes expenditures of less
| 1432 |
than twenty-five thousand dollars during the filing period or a
| 1433 |
campaign committee for the office of member of the general
| 1434 |
assembly or the office of judge of a court of appeals that would
| 1435 |
otherwise be required to file campaign finance statements by
| 1436 |
electronic means of transmission under division (E) or (F) of this
| 1437 |
section to file those statements by paper with the office of the
| 1438 |
secretary of state. Those rules shall provide for all of the
| 1439 |
following:
| 1440 |
(f) If an eligible campaign committee whose candidate has
| 1474 |
filed a notice in accordance with rules adopted under division
| 1475 |
(L)(1)(d) of this section subsequently fails to file that
| 1476 |
statement on paper by the applicable deadline established in rules
| 1477 |
adopted under division (L)(1)(a) of this section, penalties for
| 1478 |
the late filing of the campaign finance statement shall apply to
| 1479 |
that campaign committee for each day after that paper filing
| 1480 |
deadline, as if the campaign committee had filed the statement
| 1481 |
after the applicable deadline set forth in division (A) of section
| 1482 |
3517.10 of the Revised Code.
| 1483 |
(2) The process for permitting campaign committees that would
| 1484 |
otherwise be required to file campaign finance statements by
| 1485 |
electronic means of transmission to file those statements on paper
| 1486 |
with the office of the secretary of state that is required to be
| 1487 |
developed under division (L)(1) of this section shall be in effect
| 1488 |
and available for use by eligible campaign committees for all
| 1489 |
campaign finance statements that are required to be filed on or
| 1490 |
after June 30, 2005. Notwithstanding any provision of the Revised
| 1491 |
Code to the contrary, if the process the secretary of state is
| 1492 |
required to develop under division (L)(1) of this section is not
| 1493 |
in effect and available for use on and after June 30, 2005, all
| 1494 |
penalties for the failure of campaign committees to file campaign
| 1495 |
finance statements by electronic means of transmission shall be
| 1496 |
suspended until such time as that process is in effect and
| 1497 |
available for use.
| 1498 |
(3) The secretary of state shall specify, by rule, the form
| 1716 |
of the termination statement required to be filed under division
| 1717 |
(I)(1) or (2) of this section. The rule shall require that a copy
| 1718 |
of all available statements from the bank or other financial
| 1719 |
institution that held transition fund moneys be filed with the
| 1720 |
termination statement. The bank or financial institution
| 1721 |
statements shall contain a zero balance confirming that all
| 1722 |
transition fund moneys were disposed of prior to the termination
| 1723 |
of the transition fund. If final bank or financial institution
| 1724 |
statements are not available at the time of the filing of the
| 1725 |
termination statement, the rule shall require the treasurer of the
| 1726 |
transition fund to do both of the following: | 1727 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for
| 1738 |
statewide office or the state board of education, political action
| 1739 |
committees or political contributing entities that make
| 1740 |
contributions to campaign committees of candidates that are
| 1741 |
required to file the statements prescribed by section 3517.10 of
| 1742 |
the Revised Code with the secretary of state, political action
| 1743 |
committees or political contributing entities that make
| 1744 |
contributions to campaign committees of candidates for member of
| 1745 |
the general assembly, political action committees or political
| 1746 |
contributing entities that make contributions to state and
| 1747 |
national political parties and to legislative campaign funds,
| 1748 |
political action committees or political contributing entities
| 1749 |
that receive contributions or make expenditures in connection with
| 1750 |
a statewide ballot issue, political action committees or political
| 1751 |
contributing entities that make contributions to other political
| 1752 |
action committees or political contributing entities, political
| 1753 |
parties, and campaign committees, except as set forth in division
| 1754 |
(A)(3) of this section, legislative campaign funds, and state and
| 1755 |
national political parties shall file the statements prescribed by
| 1756 |
section 3517.10 of the Revised Code with the secretary of state.
| 1757 |
(b) A campaign committee of a candidate for office of member
| 1764 |
of the general assembly or a campaign committee of a candidate for
| 1765 |
the office of judge of a court of appeals shall file two copies of
| 1766 |
the printed version of any statement, addendum, or amended
| 1767 |
statement if the committee does not file pursuant to division
| 1768 |
(F)(1) or (L) of section 3517.106 of the Revised Code but files by
| 1769 |
printed version only with the appropriate board of elections. The
| 1770 |
board of elections shall send one of those copies by certified
| 1771 |
mail to the secretary of state before the close of business on
| 1772 |
the day the board of elections receives the statement, addendum,
| 1773 |
or amended statement.
| 1774 |
(3) Political action committees or political contributing
| 1775 |
entities that only contribute to a county political party,
| 1776 |
contribute to campaign committees of candidates whose nomination
| 1777 |
or election is to be submitted only to electors within a county,
| 1778 |
subdivision, or district, excluding candidates for member of the
| 1779 |
general assembly, and receive contributions or make expenditures
| 1780 |
in connection with ballot questions or issues to be submitted only
| 1781 |
to electors within a county, subdivision, or district shall file
| 1782 |
the statements prescribed by section 3517.10 of the Revised Code
| 1783 |
with the board of elections in that county or in the county
| 1784 |
contained in whole or part within the subdivision or district
| 1785 |
having a population greater than that of any other county
| 1786 |
contained in whole or part within that subdivision or district, as
| 1787 |
the case may be.
| 1788 |
(2) On or before the tenth day before the dates on which
| 1801 |
statements are required to be filed by section 3517.10 of the
| 1802 |
Revised Code, every candidate subject to the provisions of this
| 1803 |
section and sections 3517.10 and 3517.106 of the Revised Code
| 1804 |
shall be notified of the requirements and applicable penalties of
| 1805 |
those sections. The secretary of state, by certified mail, return
| 1806 |
receipt requested, shall notify all candidates required to file
| 1807 |
those statements with the secretary of state's office. The board
| 1808 |
of elections of every county shall notify by first class mail any
| 1809 |
candidate who has personally appeared at the office of the board
| 1810 |
on or before the tenth day before the statements are required to
| 1811 |
be filed and signed a form, to be provided by the secretary of
| 1812 |
state, attesting that the candidate has been notified of the
| 1813 |
candidate's obligations under the campaign finance law. The board
| 1814 |
shall forward the completed form to the secretary of state. The
| 1815 |
board shall use certified mail, return receipt requested, to
| 1816 |
notify all other candidates required to file those statements with
| 1817 |
it.
| 1818 |
(3)(a) Any statement required to be filed under sections
| 1819 |
3517.081 to 3517.17 of the Revised Code that is found to be
| 1820 |
incomplete or inaccurate by the officer to whom it is submitted
| 1821 |
shall be accepted on a conditional basis, and the person who filed
| 1822 |
it shall be notified by certified mail as to the incomplete or
| 1823 |
inaccurate nature of the statement. The secretary of state may
| 1824 |
examine statements filed for candidates for the office of member
| 1825 |
of the general assembly and candidates for the office of judge of
| 1826 |
a court of appeals for completeness and accuracy. The secretary of
| 1827 |
state shall examine for completeness and accuracy statements that
| 1828 |
campaign committees of candidates for the office of member of the
| 1829 |
general assembly and campaign committees of candidates for the
| 1830 |
office of judge of a court of appeals file pursuant to division
| 1831 |
(F) or (L) of section 3517.106 of the Revised Code. If an officer
| 1832 |
at the board of elections where a statement filed for a candidate
| 1833 |
for the office of member of the general assembly or for a
| 1834 |
candidate for the office of judge of a court of appeals was
| 1835 |
submitted finds the statement to be incomplete or inaccurate, the
| 1836 |
officer shall immediately notify the secretary of state of its
| 1837 |
incomplete or inaccurate nature. If either an officer at the board
| 1838 |
of elections or the secretary of state finds a statement filed for
| 1839 |
a candidate for the office of member of the general assembly or
| 1840 |
for a candidate for the office of judge of a court of appeals to
| 1841 |
be incomplete or inaccurate, only the secretary of state shall
| 1842 |
send the notification as to the incomplete or inaccurate nature of
| 1843 |
the statement.
| 1844 |
Within twenty-one days after receipt of the notice, in the
| 1845 |
case of a pre-election statement, a postelection statement, a
| 1846 |
monthly statement, an annual statement, or a semiannual statement
| 1847 |
prescribed by section 3517.10, an annual statement prescribed by
| 1848 |
section 3517.101, or a statement prescribed by division (B)(2)(b)
| 1849 |
or (C)(2)(b) of section 3517.105 or section 3517.107 of the
| 1850 |
Revised Code, the recipient shall file an addendum, amendment, or
| 1851 |
other correction to the statement providing the information
| 1852 |
necessary to complete or correct the statement. The secretary of
| 1853 |
state may require that, in lieu of filing an addendum, amendment,
| 1854 |
or other correction to a statement that is filed by electronic
| 1855 |
means of transmission to the office of the secretary of state
| 1856 |
pursuant to section 3517.106 of the Revised Code, the recipient of
| 1857 |
the notice described in this division file by electronic means of
| 1858 |
transmission an amended statement that incorporates the
| 1859 |
information necessary to complete or correct the statement.
| 1860 |
The provisions of sections 3517.10, 3517.106, 3517.1011,
| 1880 |
3517.1012, and 3517.1013, and 3517.1014 of the Revised Code
| 1881 |
pertaining to the filing of statements of contributions and
| 1882 |
expenditures, statements of independent expenditures, disclosure
| 1883 |
of electioneering communications statements, deposit and
| 1884 |
disbursement statements,
and gift and disbursement statements,
| 1885 |
and donation and disbursement statements by electronic means of
| 1886 |
transmission apply to the filing of addenda, amendments, or other
| 1887 |
corrections to those statements by electronic means of
| 1888 |
transmission and the filing of amended statements by electronic
| 1889 |
means of transmission.
| 1890 |
(b) Within five business days after the secretary of state
| 1891 |
receives, by electronic or other means of transmission, an
| 1892 |
addendum, amendment, or other correction to a statement or an
| 1893 |
amended statement under division (B)(3)(a) of this section, the
| 1894 |
secretary of state, pursuant to divisions (E), (F), (G), and (I)
| 1895 |
of section 3517.106 or division (D) of section 3517.1011 of the
| 1896 |
Revised Code, shall make the contribution and expenditure,
| 1897 |
contribution and disbursement, deposit and disbursement, or gift
| 1898 |
and disbursement, or donation and disbursement information in that
| 1899 |
addendum, amendment, correction, or amended statement available
| 1900 |
online to the public through the internet.
| 1901 |
(C)(1) In the event of a failure to file or a late filing of
| 1916 |
a statement required to be filed under sections 3517.081 to
| 1917 |
3517.17 of the Revised Code, or if a filed statement or any
| 1918 |
addendum, amendment, or other correction to a statement or any
| 1919 |
amended statement, if an addendum, amendment, or other correction
| 1920 |
or an amended statement is required to be filed, is incomplete or
| 1921 |
inaccurate or appears to disclose a failure to comply with or a
| 1922 |
violation of law, the official whose duty it is to examine the
| 1923 |
statement shall promptly file a complaint with the Ohio elections
| 1924 |
commission under section 3517.153 of the Revised Code if the law
| 1925 |
is one over which the commission has jurisdiction to hear
| 1926 |
complaints, or the official shall promptly report the failure or
| 1927 |
violation to the board of elections and the board shall promptly
| 1928 |
report it to the prosecuting attorney in accordance with division
| 1929 |
(J) of section 3501.11 of the Revised Code. If the official files
| 1930 |
a complaint with the commission, the commission shall proceed in
| 1931 |
accordance with sections 3517.154 to 3517.157 of the Revised Code.
| 1932 |
(2) For purposes of division (C)(1) of this section, a
| 1933 |
statement or an addendum, amendment, or other correction to a
| 1934 |
statement or an amended statement required to be filed under
| 1935 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or
| 1936 |
inaccurate under this section if the statement, addendum,
| 1937 |
amendment, other correction, or amended statement fails to
| 1938 |
disclose substantially all contributions or, gifts, or donations | 1939 |
that are received or deposits that are made that are required to
| 1940 |
be reported under sections 3517.10, 3517.107, 3517.108,
| 1941 |
3517.1011, 3517.1012, and 3517.1013, and 3517.1014 of the Revised
| 1942 |
Code or if the statement, addendum, amendment, other correction,
| 1943 |
or amended statement fails to disclose at least ninety per cent
| 1944 |
of the total contributions or, gifts, or donations received or
| 1945 |
deposits made or of the total expenditures or disbursements made
| 1946 |
during the reporting period.
| 1947 |
(H) No person within this state, publishing a newspaper or | 2002 |
other periodical, shall charge a campaign committee for political | 2003 |
advertising a rate in excess of the rate such person would charge | 2004 |
if the campaign committee were a general rate advertiser whose | 2005 |
advertising was directed to promoting its business within the same | 2006 |
area as that encompassed by the particular office that the | 2007 |
candidate of the campaign committee is seeking. The rate shall | 2008 |
take into account the amount of space used, as well as the type of | 2009 |
advertising copy submitted by or on behalf of the campaign | 2010 |
committee. All discount privileges otherwise offered by a | 2011 |
newspaper or periodical to general rate advertisers shall be | 2012 |
available upon equal terms to all campaign committees. | 2013 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 2024 |
section, no agency or department of this state or any political | 2025 |
subdivision shall award any contract, other than one let by | 2026 |
competitive bidding or a contract incidental to such contract or | 2027 |
which is by force account, for the purchase of goods costing more | 2028 |
than five hundred dollars or services costing more than five | 2029 |
hundred dollars to any individual, partnership, association, | 2030 |
including, without limitation, a professional association | 2031 |
organized under Chapter 1785. of the Revised Code, estate, or | 2032 |
trust if the individual has made or the individual's spouse has | 2033 |
made, or any partner, shareholder, administrator, executor, or | 2034 |
trustee or the spouse of any of them has made, as an individual, | 2035 |
within the two previous calendar years, one or more contributions | 2036 |
totaling in excess of one thousand dollars to the holder of the | 2037 |
public office having ultimate responsibility for the award of the | 2038 |
contract or to the public officer's campaign committee. | 2039 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 2040 |
section, no agency or department of this state or any political | 2041 |
subdivision shall award any contract, other than one let by | 2042 |
competitive bidding or a contract incidental to such contract or | 2043 |
which is by force account, for the purchase of goods costing more | 2044 |
than five hundred dollars or services costing more than five | 2045 |
hundred dollars to a corporation or business trust, except a | 2046 |
professional association organized under Chapter 1785. of the | 2047 |
Revised Code, if an owner of more than twenty per cent of the | 2048 |
corporation or business trust or the spouse of that person has | 2049 |
made, as an individual, within the two previous calendar years, | 2050 |
taking into consideration only owners for all of that period, one | 2051 |
or more contributions totaling in excess of one thousand dollars | 2052 |
to the holder of a public office having ultimate responsibility | 2053 |
for the award of the contract or to the public officer's campaign | 2054 |
committee. | 2055 |
(K) For purposes of divisions (I) and (J) of this section, if | 2056 |
a public officer who is responsible for the award of a contract is | 2057 |
appointed by the governor, whether or not the appointment is | 2058 |
subject to the advice and consent of the senate, excluding members | 2059 |
of boards, commissions, committees, authorities, councils, boards | 2060 |
of trustees, task forces, and other such entities appointed by the | 2061 |
governor, the office of the governor is considered to have | 2062 |
ultimate responsibility for the award of the contract. | 2063 |
(L) For purposes of divisions (I) and (J) of this section, if | 2064 |
a public officer who is responsible for the award of a contract is | 2065 |
appointed by the elected chief executive officer of a municipal | 2066 |
corporation, or appointed by the elected chief executive officer | 2067 |
of a county operating under an alternative form of county | 2068 |
government or county charter, excluding members of boards, | 2069 |
commissions, committees, authorities, councils, boards of | 2070 |
trustees, task forces, and other such entities appointed by the | 2071 |
chief executive officer, the office of the chief executive officer | 2072 |
is considered to have ultimate responsibility for the award of the | 2073 |
contract. | 2074 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 2075 |
contracts awarded by the board of commissioners of the sinking | 2076 |
fund, municipal legislative authorities, boards of education, | 2077 |
boards of county commissioners, boards of township trustees, or | 2078 |
other boards, commissions, committees, authorities, councils, | 2079 |
boards of trustees, task forces, and other such entities created | 2080 |
by law, by the supreme court or courts of appeals, by county | 2081 |
courts consisting of more than one judge, courts of common pleas | 2082 |
consisting of more than one judge, or municipal courts consisting | 2083 |
of more than one judge, or by a division of any court if the | 2084 |
division consists of more than one judge. This division shall | 2085 |
apply to the specified entity only if the members of the entity | 2086 |
act collectively in the award of a contract for goods or services. | 2087 |
(2) Divisions (I) and (J) of this section do not apply to | 2099 |
contributions of a partner, shareholder, administrator, executor, | 2100 |
trustee, or owner of more than twenty per cent of a corporation or | 2101 |
business trust made before the person held any of those positions | 2102 |
or after the person ceased to hold any of those positions in the | 2103 |
partnership, association, estate, trust, corporation, or business | 2104 |
trust whose eligibility to be awarded a contract is being | 2105 |
determined, nor to contributions of the person's spouse made | 2106 |
before the person held any of those positions, after the person | 2107 |
ceased to hold any of those positions, before the two were | 2108 |
married, after the granting of a decree of divorce, dissolution of | 2109 |
marriage, or annulment, or after the granting of an order in an | 2110 |
action brought solely for legal separation. Those divisions do not | 2111 |
apply to contributions of the spouse of an individual whose | 2112 |
eligibility to be awarded a contract is being determined made | 2113 |
before the two were married, after the granting of a decree of | 2114 |
divorce, dissolution of marriage, or annulment, or after the | 2115 |
granting of an order in an action brought solely for legal | 2116 |
separation. | 2117 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 2152 |
and no person shall knowingly give to the beneficiary of a | 2153 |
campaign fund, reimbursement for an expense under division (O) of | 2154 |
this section to the extent that the expense previously was | 2155 |
reimbursed or paid from another source of funds. If an expense is | 2156 |
reimbursed under division (O) of this section and is later paid or | 2157 |
reimbursed, wholly or in part, from another source of funds, the | 2158 |
beneficiary shall repay the reimbursement received under division | 2159 |
(O) of this section to the extent of the payment made or | 2160 |
reimbursement received from the other source. | 2161 |
(Q) No candidate or public official or employee shall accept | 2162 |
for personal or business use anything of value from a political | 2163 |
party, political action committee, political contributing entity, | 2164 |
legislative campaign fund, or campaign committee other than the | 2165 |
candidate's or public official's or employee's own campaign | 2166 |
committee, and no person shall knowingly give to a candidate or | 2167 |
public official or employee anything of value from a political | 2168 |
party, political action committee, political contributing entity, | 2169 |
legislative campaign fund, or such a campaign committee, except | 2170 |
for the following: | 2171 |
(2) Compensation not otherwise prohibited by law for actual | 2186 |
and valuable personal services rendered under a written contract | 2187 |
to the political party, political action committee, political | 2188 |
contributing entity, legislative campaign fund, or such campaign | 2189 |
committee for any legitimate activity of the political party, | 2190 |
political action committee, political contributing entity, | 2191 |
legislative campaign fund, or such campaign committee. | 2192 |
Reimbursable expenses under this division do not include, and | 2193 |
it is a violation of this division for a candidate or public | 2194 |
official or employee to accept, or for any person to knowingly | 2195 |
give to a candidate or public official or employee from a | 2196 |
political party, political action committee, political | 2197 |
contributing entity, legislative campaign fund, or campaign | 2198 |
committee other than the candidate's or public official's or | 2199 |
employee's own campaign committee, anything of value for | 2200 |
activities primarily related to the candidate's or public | 2201 |
official's or employee's own campaign for election, except for | 2202 |
contributions to the candidate's or public official's or | 2203 |
employee's campaign committee. | 2204 |
(2) No candidate, campaign committee, political action | 2275 |
committee, political contributing entity, legislative campaign | 2276 |
fund, state candidate fund, political party, or separate | 2277 |
segregated fund shall solicit or accept a contribution, | 2278 |
expenditure, or independent expenditure from a foreign national. | 2279 |
The secretary of state may direct any candidate, committee, | 2280 |
entity, fund, or party that accepts a contribution, expenditure, | 2281 |
or independent expenditure in violation of this division to return | 2282 |
the contribution, expenditure, or independent expenditure or, if | 2283 |
it is not possible to return the contribution, expenditure, or | 2284 |
independent expenditure, then to return instead the value of it, | 2285 |
to the contributor. | 2286 |
(Y) The administrator of workers' compensation and the | 2314 |
employees of the bureau of workers' compensation shall not conduct | 2315 |
any business with or award any contract, other than one awarded by | 2316 |
competitive bidding, for the purchase of goods costing more than | 2317 |
five hundred dollars or services costing more than five hundred | 2318 |
dollars to any individual, partnership, association, including, | 2319 |
without limitation, a professional association organized under | 2320 |
Chapter 1785. of the Revised Code, estate, or trust, if the | 2321 |
individual has made, or the individual's spouse has made, or any | 2322 |
partner, shareholder, administrator, executor, or trustee, or the | 2323 |
spouses of any of those individuals has made, as an individual, | 2324 |
within the two previous calendar years, one or more contributions | 2325 |
totaling in excess of one thousand dollars to the campaign | 2326 |
committee of the governor or lieutenant governor or to the | 2327 |
campaign committee of any candidate for the office of governor or | 2328 |
lieutenant governor. | 2329 |
(Z) The administrator of workers' compensation and the | 2330 |
employees of the bureau of workers' compensation shall not conduct | 2331 |
business with or award any contract, other than one awarded by | 2332 |
competitive bidding, for the purchase of goods costing more than | 2333 |
five hundred dollars or services costing more than five hundred | 2334 |
dollars to a corporation or business trust, except a professional | 2335 |
association organized under Chapter 1785. of the Revised Code, if | 2336 |
an owner of more than twenty per cent of the corporation or | 2337 |
business trust, or the spouse of the owner, has made, as an | 2338 |
individual, within the two previous calendar years, taking into | 2339 |
consideration only owners for all of such period, one or more | 2340 |
contributions totaling in excess of one thousand dollars to the | 2341 |
campaign committee of the governor or lieutenant governor or to | 2342 |
the campaign committee of any candidate for the office of governor | 2343 |
or lieutenant governor. | 2344 |
Sec. 3517.153. (A) Upon the filing of a complaint with the
| 2379 |
Ohio elections commission, which shall be made by affidavit of any
| 2380 |
person, on personal knowledge, and subject to the penalties for
| 2381 |
perjury, or upon the filing of a complaint made by the secretary
| 2382 |
of state or an official at the board of elections, setting forth a
| 2383 |
failure to comply with or a violation of any provision in sections
| 2384 |
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,
| 2385 |
or 3599.031 of the Revised Code, the commission shall proceed in
| 2386 |
accordance with sections 3517.154 to 3517.157 of the Revised Code.
| 2387 |
(B) The commission shall prescribe the form for complaints
| 2388 |
made under division (A) of this section. The secretary of state
| 2389 |
and boards of elections shall furnish the information that the
| 2390 |
commission requests. The commission or a member of the commission
| 2391 |
may administer oaths, and the commission may issue subpoenas to
| 2392 |
any person in the state compelling the attendance of witnesses and
| 2393 |
the production of relevant papers, books, accounts, and reports.
| 2394 |
Section 101.42 of the Revised Code governs the issuance of
| 2395 |
subpoenas insofar as applicable. Upon the refusal of any person to
| 2396 |
obey a subpoena or to be sworn or to answer as a witness, the
| 2397 |
commission may apply to the court of common pleas of Franklin
| 2398 |
county under section 2705.03 of the Revised Code. The court shall
| 2399 |
hold proceedings in accordance with Chapter 2705. of the Revised
| 2400 |
Code.
| 2401 |
(D) The commission may recommend legislation and render
| 2409 |
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,
| 2410 |
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20
| 2411 |
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons
| 2412 |
over whose acts it has or may have jurisdiction. When the
| 2413 |
commission renders an advisory opinion relating to a specific set
| 2414 |
of circumstances involving any of those sections stating that
| 2415 |
there is no violation of a provision in those sections, the person
| 2416 |
to whom the opinion is directed or a person who is similarly
| 2417 |
situated may reasonably rely on the opinion and is immune from
| 2418 |
criminal prosecution and a civil action, including, without
| 2419 |
limitation, a civil action for removal from public office or
| 2420 |
employment, based on facts and circumstances covered by the
| 2421 |
opinion.
| 2422 |
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio
| 2429 |
elections commission shall review each complaint filed with the
| 2430 |
commission under section 3517.153 of the Revised Code, shall
| 2431 |
determine the nature of the complaint, and, unless division
| 2432 |
(A)(2)(a) of this section requires that the complaint receive an
| 2433 |
automatic expedited hearing, shall make a recommendation to the
| 2434 |
commission for its disposition, in accordance with this section.
| 2435 |
The attorney shall make the determination and the recommendation,
| 2436 |
if required, not later than one business day after the complaint
| 2437 |
is filed.
| 2438 |
(b) If the attorney determines that the complaint sets forth
| 2449 |
a failure to comply with or a violation of division (G), (I), (J),
| 2450 |
(O), (P), or (Q) of section 3517.13, division (A) of section
| 2451 |
3517.21, or division (A) of section 3517.22 of the Revised Code
| 2452 |
and that the complaint is filed during one of the periods of time
| 2453 |
specified in division (B)(1) of section 3517.156 of the Revised
| 2454 |
Code, the attorney shall recommend to the commission that the
| 2455 |
complaint receive an expedited hearing under section 3517.156 of
| 2456 |
the Revised Code, and the complaint shall receive such a hearing.
| 2457 |
(c) If the attorney determines that the complaint sets forth
| 2458 |
a failure to comply with or a violation of a section of the
| 2459 |
Revised Code over which the commission has jurisdiction to hear
| 2460 |
complaints other than the sections described in divisions
| 2461 |
(A)(2)(a) and (b) of this section, and unless the attorney makes a
| 2462 |
determination as provided for in division (A)(3) of this section,
| 2463 |
the attorney shall recommend to the commission that the complaint
| 2464 |
be submitted to the commission under section 3517.155 of the
| 2465 |
Revised Code. After the attorney makes that recommendation, the
| 2466 |
attorney shall notify all parties to the complaint of the
| 2467 |
attorney's recommendation.
| 2468 |
(ii) If the complaint involves a statement required to be
| 2483 |
filed under section 3517.10, division (E) of section 3517.102, or
| 2484 |
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,
| 2485 |
3517.1011, or 3517.1012, or 3517.1014 of the Revised Code or an
| 2486 |
addendum required to be filed under section 3517.11 of the Revised
| 2487 |
Code that is filed late, how late the filing is and how much time
| 2488 |
has elapsed between the deadline for filing the statement or
| 2489 |
addendum and the filing of the complaint;
| 2490 |
(iii) If the complaint involves contributions and
| 2491 |
expenditures, contributions and disbursements, deposits and
| 2492 |
disbursements, or gifts and disbursements, or donations and
| 2493 |
disbursements required to be reported under section 3517.10,
| 2494 |
division (E) of section 3517.102, or section 3517.105, 3517.107,
| 2495 |
3517.108, 3517.109, 3517.1011, 3517.1012, or 3517.1013, or
| 2496 |
3517.1014 of the Revised Code that are either not reported or
| 2497 |
reported late, the number of contributions and expenditures,
| 2498 |
contributions and disbursements, deposits and disbursements, or | 2499 |
gifts and disbursements, or donations and disbursements not
| 2500 |
reported or how late they were reported;
| 2501 |
(4) The attorney may join two or more complaints if the
| 2542 |
attorney determines that the allegations in each complaint are of
| 2543 |
the same or similar character, are based on the same act or
| 2544 |
failure to act, or are based on two or more acts or failures to
| 2545 |
act constituting parts of a common scheme or plan. If one
| 2546 |
complaint contains two or more allegations, the attorney may
| 2547 |
separate the allegations if they are not of the same or similar
| 2548 |
character, if they are not based on the same act or failure to
| 2549 |
act, or if they are not based on two or more acts or failures to
| 2550 |
act constituting parts of a common scheme or plan. If the attorney
| 2551 |
separates the allegations in a complaint, the attorney may make
| 2552 |
separate recommendations under division (A)(2) or (3) of this
| 2553 |
section for each allegation.
| 2554 |
(B) Whenever a person or other entity files a complaint with
| 2555 |
the commission setting forth a failure to comply with or a
| 2556 |
violation of a section of the Revised Code as described in
| 2557 |
division (A)(2)(c) of this section and the complaint is filed
| 2558 |
during one of the periods of time specified in division (B)(1) of
| 2559 |
section 3517.156 of the Revised Code, the person or entity may
| 2560 |
request an expedited hearing under that section at the time the
| 2561 |
complaint is filed. The attorney for the commission shall inform
| 2562 |
the members of the commission of that request at the time the
| 2563 |
attorney makes a recommendation under division (A) of this
| 2564 |
section. The commission may grant the request for an expedited
| 2565 |
hearing under this division if it determines that an expedited
| 2566 |
hearing is practicable.
| 2567 |
Sec. 3599.03. (A)(1) Except to carry on activities specified
| 2835 |
in sections 3517.082 and 3517.1011, division (A)(2) of section
| 2836 |
3517.1012, division (B) of section 3517.1013, division (C)(1) of
| 2837 |
section 3517.1014, and section 3599.031 of the Revised Code and
| 2838 |
except as provided in divisions (D), (E), and (F) of this section,
| 2839 |
no corporation, no nonprofit corporation, and no labor
| 2840 |
organization, directly or indirectly, shall pay or use, or offer,
| 2841 |
advise, consent, or agree to pay or use, the corporation's money
| 2842 |
or property, or the labor organization's money, including dues,
| 2843 |
initiation fees, or other assessments paid by members, or
| 2844 |
property, for or in aid of or opposition to a political party, a
| 2845 |
candidate for election or nomination to public office, a political
| 2846 |
action committee including a political action committee of the
| 2847 |
corporation or labor organization, a legislative campaign fund, or
| 2848 |
any organization that supports or opposes any such candidate, or
| 2849 |
for any partisan political purpose, shall violate any law
| 2850 |
requiring the filing of an affidavit or statement respecting such
| 2851 |
use of those funds, or shall pay or use the corporation's or labor
| 2852 |
organization's money for the expenses of a social fund-raising
| 2853 |
event for its political action committee if an employee's or labor
| 2854 |
organization member's right to attend such an event is predicated
| 2855 |
on the employee's or member's contribution to the corporation's or
| 2856 |
labor organization's political action committee.
| 2857 |
(B)(1) No officer, stockholder, attorney, or agent of a
| 2861 |
corporation or nonprofit corporation, no member, including an
| 2862 |
officer, attorney, or agent, of a labor organization, and no
| 2863 |
candidate, political party official, or other individual shall
| 2864 |
knowingly aid, advise, solicit, or receive money or other property
| 2865 |
in violation of division (A)(1) of this section.
| 2866 |
(C) A corporation, a nonprofit corporation, or a labor
| 2870 |
organization may use its funds or property for or in aid of or
| 2871 |
opposition to a proposed or certified ballot issue. Such use of
| 2872 |
funds or property shall be reported on a form prescribed by the
| 2873 |
secretary of state. Reports of contributions in connection with
| 2874 |
statewide ballot issues shall be filed with the secretary of
| 2875 |
state. Reports of contributions in connection with local issues
| 2876 |
shall be filed with the board of elections of the most populous
| 2877 |
county of the district in which the issue is submitted or to be
| 2878 |
submitted to the electors. Reports made pursuant to this division
| 2879 |
shall be filed by the times specified in divisions (A)(1) and (2)
| 2880 |
of section 3517.10 of the Revised Code.
| 2881 |
(3) The use by a corporation or labor organization of its
| 2909 |
money or property for communicating information for a purpose
| 2910 |
specified in division (A) of this section is not a violation of
| 2911 |
that division if it is not a communication made by mass broadcast
| 2912 |
such as radio or television or made by advertising in a newspaper
| 2913 |
of general circulation but is a communication sent exclusively to
| 2914 |
members, employees, officers, or trustees of that labor
| 2915 |
organization or shareholders, employees, officers, or directors of
| 2916 |
that corporation or to members of the immediate families of any
| 2917 |
such individuals or if the communication intended to be so sent
| 2918 |
exclusively is unintentionally sent as well to a de minimis number
| 2919 |
of other individuals.
| 2920 |