As Reported by the Senate Government Oversight Committee

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


Representatives Okey, Dodd 

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



A BILL
To amend sections 3517.01, 3517.10, 3517.106, 1
3517.11, 3517.13, 3517.153, 3517.154, 3517.992, 2
and 3599.03 and to enact section 3517.1014 of 3
the Revised Code to permit individuals elected 4
or appointed to state office to establish 5
transition funds to receive donations and to 6
make expenditures for transition activities and 7
inaugural celebrations, to prohibit a candidate 8
for state office from appearing in advertising 9
funded with state or federal moneys during the 10
calendar year in which the person is seeking 11
nomination or election to office, and to prohibit 12
a state agency, board, or commission to use a 13
candidate's name, official position, likeness, 14
image, or voice in such advertising. 15


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

       Section 1.  That sections 3517.01, 3517.10, 3517.106, 16
3517.11, 3517.13, 3517.153, 3517.154, 3517.992, and 3599.03 be 17
amended and section 3517.1014 of the Revised Code be enacted to 18
read as follows: 19

       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

       (2) A campaign committee shall be legally liable for any 40
debts, contracts, or expenditures incurred or executed in its 41
name. 42

       (B) Notwithstanding the definitions found in section 3501.01 43
of the Revised Code, as used in this section and sections 3517.08 44
to 3517.14, 3517.99, and 3517.992 of the Revised Code: 45

       (1) "Campaign committee" means a candidate or a combination 46
of two or more persons authorized by a candidate under section 47
3517.081 of the Revised Code to receive contributions and make 48
expenditures. 49

       (2) "Campaign treasurer" means an individual appointed by a 50
candidate under section 3517.081 of the Revised Code. 51

       (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

       "Contribution" does not include any of the following: 99

       (a) Services provided without compensation by individuals 100
volunteering a portion or all of their time on behalf of a person; 101

       (b) Ordinary home hospitality; 102

       (c) The personal expenses of a volunteer paid for by that 103
volunteer campaign worker; 104

       (d) Any gift given to a state or county political party 105
pursuant to section 3517.101 of the Revised Code. As used in 106
division (B)(5)(d) of this section, "political party" means only a 107
major political party; 108

       (e) Any contribution as defined in section 3517.1011 of the 109
Revised Code that is made, received, or used to pay the direct 110
costs of producing or airing an electioneering communication; 111

       (f) Any gift given to a state or county political party for 112
the party's restricted fund under division (A)(2) of section 113
3517.1012 of the Revised Code; 114

       (g) Any gift given to a state political party for deposit in 115
a Levin account pursuant to section 3517.1013 of the Revised Code. 116
As used in this division, "Levin account" has the same meaning as 117
in that section. 118

       (h) Any donation given to a transition fund under section 119
3517.1014 of the Revised Code.120

       (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

       As used in this division, "broadcast, cable, or satellite 142
communication" and "refers to a clearly identified candidate" have 143
the same meanings as in section 3517.1011 of the Revised Code. 144

       (7) "Personal expenses" includes, but is not limited to, 145
ordinary expenses for accommodations, clothing, food, personal 146
motor vehicle or airplane, and home telephone. 147

       (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

       (a) A continuing association that makes disbursements for the 155
direct costs of producing or airing electioneering communications 156
and that does not engage in express advocacy; 157

       (b) A political club that is formed primarily for social 158
purposes and that consists of one hundred members or less, has 159
officers and periodic meetings, has less than two thousand five 160
hundred dollars in its treasury at all times, and makes an 161
aggregate total contribution of one thousand dollars or less per 162
calendar year. 163

       (9) "Public office" means any state, county, municipal, 164
township, or district office, except an office of a political 165
party, that is filled by an election and the offices of United 166
States senator and representative. 167

       (10) "Anything of value" has the same meaning as in section 168
1.03 of the Revised Code. 169

       (11) "Beneficiary of a campaign fund" means a candidate, a 170
public official or employee for whose benefit a campaign fund 171
exists, and any other person who has ever been a candidate or 172
public official or employee and for whose benefit a campaign fund 173
exists. 174

       (12) "Campaign fund" means money or other property, including 175
contributions. 176

       (13) "Public official or employee" has the same meaning as in 177
section 102.01 of the Revised Code. 178

       (14) "Caucus" means all of the members of the house of 179
representatives or all of the members of the senate of the general 180
assembly who are members of the same political party. 181

       (15) "Legislative campaign fund" means a fund that is 182
established as an auxiliary of a state political party and 183
associated with one of the houses of the general assembly. 184

       (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

       (17) "Independent expenditure" means an expenditure by a 199
person advocating the election or defeat of an identified 200
candidate or candidates, that is not made with the consent of, in 201
coordination, cooperation, or consultation with, or at the request 202
or suggestion of any candidate or candidates or of the campaign 203
committee or agent of the candidate or candidates. As used in 204
division (B)(17) of this section: 205

       (a) "Person" means an individual, partnership, unincorporated 206
business organization or association, political action committee, 207
political contributing entity, separate segregated fund, 208
association, or other organization or group of persons, but not a 209
labor organization or a corporation unless the labor organization 210
or corporation is a political contributing entity. 211

       (b) "Advocating" means any communication containing a message 212
advocating election or defeat. 213

       (c) "Identified candidate" means that the name of the 214
candidate appears, a photograph or drawing of the candidate 215
appears, or the identity of the candidate is otherwise apparent by 216
unambiguous reference. 217

       (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

       (i) Based on information about the candidate's plans, 226
projects, or needs provided to the person making the expenditure 227
by the candidate, or by the candidate's campaign committee or 228
agent, with a view toward having an expenditure made; 229

       (ii) Made by or through any person who is, or has been, 230
authorized to raise or expend funds, who is, or has been, an 231
officer of the candidate's campaign committee, or who is, or has 232
been, receiving any form of compensation or reimbursement from the 233
candidate or the candidate's campaign committee or agent; 234

       (iii) Except as otherwise provided in division (D) of section 235
3517.105 of the Revised Code, made by a political party in support 236
of a candidate, unless the expenditure is made by a political 237
party to conduct voter registration or voter education efforts. 238

       (e) "Agent" means any person who has actual oral or written 239
authority, either express or implied, to make or to authorize the 240
making of expenditures on behalf of a candidate, or means any 241
person who has been placed in a position with the candidate's 242
campaign committee or organization such that it would reasonably 243
appear that in the ordinary course of campaign-related activities 244
the person may authorize expenditures. 245

       (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

       (19) "Separate segregated fund" means a separate segregated 255
fund established pursuant to the Federal Election Campaign Act. 256

       (20) "Federal Election Campaign Act" means the "Federal 257
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 258
seq., as amended. 259

       (21) "Restricted fund" means the fund a state or county 260
political party must establish under division (A)(1) of section 261
3517.1012 of the Revised Code. 262

       (22) "Electioneering communication" has the same meaning as 263
in section 3517.1011 of the Revised Code. 264

       (23) "Express advocacy" means a communication that contains 265
express words advocating the nomination, election, or defeat of a 266
candidate or that contains express words advocating the adoption 267
or defeat of a question or issue, as determined by a final 268
judgment of a court of competent jurisdiction. 269

       (24) "Political committee" has the same meaning as in section 270
3517.1011 of the Revised Code. 271

       (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

       (1) The twelfth day before the election to reflect 294
contributions received and expenditures made from the close of 295
business on the last day reflected in the last previously filed 296
statement, if any, to the close of business on the twentieth day 297
before the election; 298

       (2) The thirty-eighth day after the election to reflect the 299
contributions received and expenditures made from the close of 300
business on the last day reflected in the last previously filed 301
statement, if any, to the close of business on the seventh day 302
before the filing of the statement; 303

       (3) The last business day of January of every year to reflect 304
the contributions received and expenditures made from the close of 305
business on the last day reflected in the last previously filed 306
statement, if any, to the close of business on the last day of 307
December of the previous year; 308

       (4) The last business day of July of every year to reflect 309
the contributions received and expenditures made from the close of 310
business on the last day reflected in the last previously filed 311
statement, if any, to the close of business on the last day of 312
June of that year. 313

       A campaign committee shall only be required to file the 314
statements prescribed under divisions (A)(1) and (2) of this 315
section in connection with the nomination or election of the 316
committee's candidate. 317

       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

       If an election to select candidates to appear on the general 327
election ballot is held within sixty days before a general 328
election, the campaign committee of a successful candidate in the 329
earlier election may file the statement required by division 330
(A)(1) of this section for the general election instead of the 331
statement required by division (A)(2) of this section for the 332
earlier election if the pregeneral election statement reflects the 333
status of contributions and expenditures for the period twenty 334
days before the earlier election to twenty days before the general 335
election. 336

       If a person becomes a candidate less than twenty days before 337
an election, the candidate's campaign committee is not required to 338
file the statement required by division (A)(1) of this section. 339

       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

       No campaign committee of a candidate for the office of chief 349
justice or justice of the supreme court, and no campaign committee 350
of a candidate for the office of judge of any court in this state, 351
shall be required to file a statement under division (A)(4) of 352
this section. 353

       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) Except as otherwise provided in division (C)(7) of this 453
section, each statement required by division (A) of this section 454
shall contain the following information: 455

       (1) The full name and address of each campaign committee, 456
political action committee, legislative campaign fund, political 457
party, or political contributing entity, including any treasurer 458
of the committee, fund, party, or entity, filing a contribution 459
and expenditure statement; 460

       (2)(a) In the case of a campaign committee, the candidate's 461
full name and address; 462

       (b) In the case of a political action committee, the 463
registration number assigned to the committee under division 464
(D)(1) of this section. 465

       (3) The date of the election and whether it was or will be a 466
general, primary, or special election; 467

       (4) A statement of contributions received, which shall 468
include the following information: 469

       (a) The month, day, and year of the contribution; 470

       (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

       (c) A description of the contribution received, if other than 503
money; 504

       (d) The value in dollars and cents of the contribution; 505

       (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

       Contributions that are other income shall be itemized 534
separately from all other contributions. The information required 535
under division (B)(4) of this section shall be provided for all 536
other income itemized. As used in this paragraph, "other income" 537
means a loan, investment income, or interest income. 538

       (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

       (i) "State elected officer" has the same meaning as in 548
section 3517.092 of the Revised Code. 549

       (ii) "Person doing business" means a person or an officer of 550
an entity who enters into one or more contracts with a state 551
elected officer or anyone authorized to enter into contracts on 552
behalf of that officer to receive payments for goods or services, 553
if the payments total, in the aggregate, more than five thousand 554
dollars during a calendar year. 555

       (5) A statement of expenditures which shall include the 556
following information: 557

       (a) The month, day, and year of the expenditure; 558

       (b) The full name and address of each person, political 559
party, campaign committee, legislative campaign fund, political 560
action committee, or political contributing entity to whom the 561
expenditure was made and the registration number assigned to the 562
political action committee under division (D)(1) of this section; 563

       (c) The object or purpose for which the expenditure was made; 564

       (d) The amount of each expenditure. 565

       (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

       (2) The person filing the statement, under penalty of 577
election falsification, shall include with it a list of each 578
anonymous contribution, the circumstances under which it was 579
received, and the reason it cannot be attributed to a specific 580
donor. 581

       (3) Each statement of a campaign committee of a candidate who 582
holds public office shall contain a designation of each 583
contributor who is an employee in any unit or department under the 584
candidate's direct supervision and control. In a space provided in 585
the statement, the person filing the statement shall affirm that 586
each such contribution was voluntarily made. 587

       (4) A campaign committee that did not receive contributions 588
or make expenditures in connection with the nomination or election 589
of its candidate shall file a statement to that effect, on a form 590
prescribed under this section and made under penalty of election 591
falsification, on the date required in division (A)(2) of this 592
section. 593

       (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

       (6)(a) The statements required to be filed under this section 609
shall specify the balance in the hands of the campaign committee, 610
political action committee, legislative campaign fund, political 611
party, or political contributing entity and the disposition 612
intended to be made of that balance. 613

       (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 3517.1014624
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

       (7) Each monthly statement and each two-business-day 657
statement required by division (A) of this section shall contain 658
the information required by divisions (B)(1) to (4), (C)(2), and, 659
if appropriate, (C)(3) of this section. Each statement shall be 660
signed as required by division (C)(1) of this section. 661

       (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

       (2) The treasurer appointed under division (D)(1) of this 687
section shall keep a strict account of all contributions, from 688
whom received and the purpose for which they were disbursed. 689

       (3)(a) Except as otherwise provided in section 3517.108 of 690
the Revised Code, a campaign committee shall deposit all monetary 691
contributions received by the committee into an account separate 692
from a personal or business account of the candidate or campaign 693
committee. 694

       (b) A political action committee shall deposit all monetary 695
contributions received by the committee into an account separate 696
from all other funds. 697

       (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

       (4) Every expenditure in excess of twenty-five dollars shall 725
be vouched for by a receipted bill, stating the purpose of the 726
expenditure, that shall be filed with the statement of 727
expenditures. A canceled check with a notation of the purpose of 728
the expenditure is a receipted bill for purposes of division 729
(D)(4) of this section. 730

       (5) The secretary of state or the board of elections, as the 731
case may be, shall issue a receipt for each statement filed under 732
this section and shall preserve a copy of the receipt for a period 733
of at least six years. All statements filed under this section 734
shall be open to public inspection in the office where they are 735
filed and shall be carefully preserved for a period of at least 736
six years after the year in which they are filed. 737

       (6) The secretary of state, by rule adopted pursuant to 738
section 3517.23 of the Revised Code, shall prescribe both of the 739
following: 740

       (a) The manner of immediately acknowledging, with date and 741
time received, and preserving the receipt of statements that are 742
transmitted by electronic means of transmission to the secretary 743
of state pursuant to this section or section 3517.106, 3517.1011, 744
3517.1012, or 3517.1013, or 3517.1014 of the Revised Code; 745

       (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

       (4) Any check that a political action committee uses to make 802
a contribution or an expenditure shall contain the full name and 803
address of the committee and the registration number assigned to 804
the committee under division (D)(1) of this section. 805

       (F) As used in this section: 806

       (1)(a) Except as otherwise provided in division (F)(1) of 807
this section, "address" means all of the following if they exist: 808
apartment number, street, road, or highway name and number, rural 809
delivery route number, city or village, state, and zip code as 810
used in a person's post-office address, but not post-office box. 811

        (b) Except as otherwise provided in division (F)(1) of this 812
section, if an address is required in this section, a post-office 813
box and office, room, or suite number may be included in addition 814
to, but not in lieu of, an apartment, street, road, or highway 815
name and number. 816

        (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

       (d) For the sole purpose of a campaign committee's reporting 825
of contributions on a statement of contributions received under 826
division (B)(4) of this section, "address" has one of the 827
following meanings at the option of the campaign committee: 828

       (i) The same meaning as in division (F)(1)(a) of this 829
section; 830

       (ii) All of the following, if they exist: the contributor's 831
post-office box number and city or village, state, and zip code as 832
used in the contributor's post-office address. 833

       (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

       (2) "Statewide candidate" means the joint candidates for the 844
offices of governor and lieutenant governor or a candidate for the 845
office of secretary of state, auditor of state, treasurer of 846
state, attorney general, member of the state board of education, 847
chief justice of the supreme court, or justice of the supreme 848
court. 849

       (3) "Candidate for county office" means a candidate for the 850
office of county auditor, county treasurer, clerk of the court of 851
common pleas, judge of the court of common pleas, sheriff, county 852
recorder, county engineer, county commissioner, prosecuting 853
attorney, or coroner. 854

       (G) An independent expenditure shall be reported whenever and 855
in the same manner that an expenditure is required to be reported 856
under this section and shall be reported pursuant to division 857
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. 858

       (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

       (3) Divisions (H)(1) and (2) of this section do not apply if 881
a campaign committee receives contributions or makes expenditures 882
prior to the first day of January of the year of the election at 883
which the candidate seeks nomination or election to office or if 884
the campaign committee does not file a termination statement with 885
its postprimary election statement in the case of an unsuccessful 886
primary election candidate or with its postgeneral election 887
statement in the case of other candidates. 888

       (I) In the case of a contribution made by a partner of a 889
partnership or an owner or a member of another unincorporated 890
business from any funds of the partnership or other unincorporated 891
business, all of the following apply: 892

       (1) The recipient of the contribution shall report the 893
contribution by listing both the partnership or other 894
unincorporated business and the name of the partner, owner, or 895
member making the contribution. 896

       (2) In reporting the contribution, the recipient of the 897
contribution shall be entitled to conclusively rely upon the 898
information provided by the partnership or other unincorporated 899
business, provided that the information includes one of the 900
following: 901

       (a) The name of each partner, owner, or member as of the date 902
of the contribution or contributions, and a statement that the 903
total contributions are to be allocated equally among all of the 904
partners, owners, or members; or 905

       (b) The name of each partner, owner, or member as of the date 906
of the contribution or contributions who is participating in the 907
contribution or contributions, and a statement that the 908
contribution or contributions are to be allocated to those 909
individuals in accordance with the information provided by the 910
partnership or other unincorporated business to the recipient of 911
the contribution. 912

       (3) For purposes of section 3517.102 of the Revised Code, the 913
contribution shall be considered to have been made by the partner, 914
owner, or member reported under division (I)(1) of this section. 915

       (4) No contribution from a partner of a partnership or an 916
owner or a member of another unincorporated business shall be 917
accepted from any funds of the partnership or other unincorporated 918
business unless the recipient reports the contribution under 919
division (I)(1) of this section together with the information 920
provided under division (I)(2) of this section. 921

       (5) No partnership or other unincorporated business shall 922
make a contribution or contributions solely in the name of the 923
partnership or other unincorporated business. 924

       (6) As used in division (I) of this section, "partnership or 925
other unincorporated business" includes, but is not limited to, a 926
cooperative, a sole proprietorship, a general partnership, a 927
limited partnership, a limited partnership association, a limited 928
liability partnership, and a limited liability company. 929

       (J) A candidate shall have only one campaign committee at any 930
given time for all of the offices for which the person is a 931
candidate or holds office. 932

       (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

       The certificate shall be on a form prescribed by the 947
secretary of state and shall be filed not later than ten days 948
after the candidate files a declaration of candidacy and 949
petition, a nominating petition, or a declaration of intent to be 950
a write-in candidate. 951

       (2) Except as otherwise provided in division (K)(3) of this 952
section, a campaign committee that files a certificate under 953
division (K)(1) of this section is not required to file the 954
statements required by division (A) of this section. 955

       (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

       Sec. 3517.106.  (A) As used in this section: 991

       (1) "Statewide office" means any of the offices of governor, 992
lieutenant governor, secretary of state, auditor of state, 993
treasurer of state, attorney general, chief justice of the supreme 994
court, and justice of the supreme court. 995

       (2) "Addendum to a statement" includes an amendment or other 996
correction to that statement. 997

       (B)(1) The secretary of state shall store on computer the 998
information contained in statements of contributions and 999
expenditures and monthly statements required to be filed under 1000
section 3517.10 of the Revised Code and in statements of 1001
independent expenditures required to be filed under section 1002
3517.105 of the Revised Code by any of the following: 1003

       (a) The campaign committees of candidates for statewide 1004
office; 1005

       (b) The political action committees and political 1006
contributing entities described in division (A)(1) of section 1007
3517.11 of the Revised Code; 1008

       (c) Legislative campaign funds; 1009

       (d) State political parties; 1010

       (e) Individuals, partnerships, corporations, labor 1011
organizations, or other entities that make independent 1012
expenditures in support of or opposition to a statewide candidate 1013
or a statewide ballot issue or question; 1014

       (f) The campaign committees of candidates for the office of 1015
member of the general assembly; 1016

       (g) County political parties, with respect to their state 1017
candidate funds. 1018

       (2) The secretary of state shall store on computer the 1019
information contained in disclosure of electioneering 1020
communications statements required to be filed under section 1021
3517.1011 of the Revised Code. 1022

       (3) The secretary of state shall store on computer the 1023
information contained in deposit and disbursement statements 1024
required to be filed with the office of the secretary of state 1025
under section 3517.1012 of the Revised Code. 1026

       (4) The secretary of state shall store on computer the gift 1027
and disbursement information contained in statements required to 1028
be filed with the office of the secretary of state under section 1029
3517.1013 of the Revised Code. 1030

       (5) The secretary of state shall store on computer the 1031
information contained in donation and disbursement statements 1032
required to be filed with the office of the secretary of state 1033
under section 3517.1014 of the Revised Code.1034

       (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

       (2) The secretary of state shall make the information 1045
required to be stored under division (B) of this section available 1046
on computer at the secretary of state's office so that, to the 1047
maximum extent feasible, individuals may obtain at the secretary 1048
of state's office any part or all of that information for any 1049
given year, subject to the limitation expressed in division (D) of 1050
this section. 1051

       (D) The secretary of state shall keep the information stored 1052
on computer under division (B) of this section for at least six 1053
years. 1054

       (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

       If a statement filed by electronic means of transmission is 1090
found to be incomplete or inaccurate after the examination of the 1091
statement for completeness and accuracy pursuant to division 1092
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 1093
committee shall file by electronic means of transmission any 1094
addendum to the statement that provides the information necessary 1095
to complete or correct the statement or, if required by the 1096
secretary of state under that division, an amended statement. 1097

       Within five business days after the secretary of state 1098
receives from a campaign committee of a candidate for statewide 1099
office an addendum to the statement or an amended statement by 1100
electronic or other means of transmission under this division or 1101
division (B)(3)(a) of section 3517.11 of the Revised Code, the 1102
secretary of state shall make the contribution and expenditure 1103
information in the addendum or amended statement available online 1104
to the public through the internet as provided in division (I) of 1105
this section. 1106

       (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

       Within five business days after a statement filed by a county 1161
political party with respect to its state candidate fund is 1162
received by the secretary of state by electronic means of 1163
transmission, the secretary of state shall make available online 1164
to the public through the internet, as provided in division (I) of 1165
this section, the contribution and expenditure information in that 1166
statement. 1167

       If a statement is found to be incomplete or inaccurate after 1168
the examination of the statement for completeness and accuracy 1169
pursuant to division (B)(3)(a) of section 3517.11 of the Revised 1170
Code, a county political party shall file by electronic means of 1171
transmission any addendum to the statement that provides the 1172
information necessary to complete or correct the statement or, if 1173
required by the secretary of state under that division, an amended 1174
statement. 1175

       Within five business days after the secretary of state 1176
receives from a county political party an addendum to the 1177
statement or an amended statement by electronic means of 1178
transmission under this division or division (B)(3)(a) of section 1179
3517.11 of the Revised Code, the secretary of state shall make the 1180
contribution and expenditure information in the addendum or 1181
amended statement available online to the public through the 1182
internet as provided in division (I) of this section. 1183

       (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

       Within five business days after a statement filed by an 1271
individual, partnership, or other entity is received by the 1272
secretary of state by electronic or other means of transmission, 1273
the secretary of state shall make available online to the public 1274
through the internet, as provided in division (I) of this section, 1275
the expenditure information in that statement. 1276

       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

       (a) It is unique to the signer. 1315

       (b) It objectively identifies the signer. 1316

       (c) It involves the use of a signature device or other means 1317
or method that is under the sole control of the signer and that 1318
cannot be readily duplicated or compromised. 1319

       (d) It is created and linked to the electronic record to 1320
which it relates in a manner that, if the record or signature is 1321
intentionally or unintentionally changed after signing, the 1322
electronic signature is invalidated. 1323

       (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

       (J)(1) As used in this division, "library" means a library 1354
that is open to the public and that is one of the following: 1355

       (a) A library that is maintained and regulated under section 1356
715.13 of the Revised Code; 1357

       (b) A library that is created, maintained, and regulated 1358
under Chapter 3375. of the Revised Code. 1359

       (2) The secretary of state shall notify all libraries of the 1360
location on the internet at which the contribution and 1361
expenditure, contribution and disbursement, deposit and 1362
disbursement, or gift and disbursement, or donation and 1363
disbursement information in campaign finance statements required 1364
to be made available online to the public through the internet 1365
pursuant to division (I) of this section may be accessed. 1366

       If that location is part of the world wide web and if the 1367
secretary of state has notified a library of that world wide web 1368
location as required by this division, the library shall include a 1369
link to that world wide web location on each internet-connected 1370
computer it maintains that is accessible to the public. 1371

       (3) If the system the secretary of state prescribes for the 1372
filing of campaign finance statements by electronic means of 1373
transmission pursuant to division (H)(1) of this section and 1374
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 1375
Code includes filing those statements through the internet via the 1376
world wide web, the secretary of state shall notify all libraries 1377
of the world wide web location at which those statements may be 1378
filed. 1379

       If those statements may be filed through the internet via the 1380
world wide web and if the secretary of state has notified a 1381
library of that world wide web location as required by this 1382
division, the library shall include a link to that world wide web 1383
location on each internet-connected computer it maintains that is 1384
accessible to the public. 1385

       (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, or1405
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, or1413
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, or1423
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

       (a) An eligible campaign committee that wishes to file a 1441
campaign finance statement by paper instead of by electronic means 1442
of transmission shall file the statement on paper with the office 1443
of the secretary of state not sooner than twenty-four hours after 1444
the end of the filing period set forth in section 3517.10 of the 1445
Revised Code that is covered by the applicable statement. 1446

       (b) The statement shall be accompanied by a fee, the amount 1447
of which the secretary of state shall determine by rule. The 1448
amount of the fee established under this division shall not exceed 1449
the data entry and data verification costs the secretary of state 1450
will incur to convert the information on the statement to an 1451
electronic format as required under division (I) of this section. 1452

       (c) The secretary of state shall arrange for the information 1453
in campaign finance statements filed pursuant to division (L) of 1454
this section to be made available online to the public through the 1455
internet in the same manner, and at the same times, as information 1456
is made available under divisions (E), (F), and (I) of this 1457
section for candidates whose campaign committees file those 1458
statements by electronic means of transmission. 1459

       (d) The candidate of an eligible campaign committee that 1460
intends to file a campaign finance statement pursuant to division 1461
(L) of this section shall file a notice indicating that the 1462
candidate's campaign committee intends to so file and stating that 1463
filing the statement by electronic means of transmission would 1464
constitute a hardship for the candidate or for the eligible 1465
campaign committee. 1466

       (e) An eligible campaign committee that files a campaign 1467
finance statement on paper pursuant to division (L) of this 1468
section shall review the contribution and information made 1469
available online by the secretary of state with respect to that 1470
paper filing and shall notify the secretary of state of any errors 1471
with respect to that filing that appear in the data made available 1472
on that web site. 1473

       (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) Notwithstanding any provision of the Revised Code to the 1499
contrary, any eligible campaign committee that files campaign 1500
finance statements on paper with the office of the secretary of 1501
state pursuant to division (L)(1) of this section shall be deemed 1502
to have filed those campaign finance statements by electronic 1503
means of transmission to the office of the secretary of state. 1504

       Sec. 3517.1014. (A) As used in this section:1505

       (1) "Donation" means a gift, subscription, loan, advance, or 1506
deposit of money, or anything of value that is specifically 1507
designated and used to defray any costs incurred for transition 1508
activities and inaugural celebrations and that is not used for the 1509
purpose of directly influencing the election of any candidate for 1510
any office.1511

       (2) "Costs incurred for transition activities and inaugural 1512
celebrations" means legitimate and verifiable costs that are 1513
incurred for ordinary and necessary activities associated with 1514
either of the following:1515

       (a) The transfer of power or authority from one officeholder 1516
to another following a general or special election or appointment 1517
to office;1518

       (b) Ceremonies, events, or activities commemorating the 1519
commencement of a term or the commencement of an unexpired term of 1520
an officeholder.1521

       "Costs incurred for transition activities and inaugural 1522
celebrations" includes, but is not limited to, costs incurred for 1523
office expenses; salaries for transition personnel; consulting 1524
fees; and food, beverages, and entertainment at an inaugural 1525
celebration.1526

       (3) "Officeholder" means a person who has been or who may 1527
have been elected to any elective office other than a judicial 1528
office or who has been appointed to any elective office other 1529
than a judicial office.1530

       (B)(1)(a) An officeholder may establish a transition fund to 1531
receive donations and to pay costs incurred for transition 1532
activities and inaugural celebrations. The officeholder shall 1533
file a statement with the secretary of state establishing the 1534
fund and designating a treasurer for the fund. The secretary of 1535
state shall specify, by rule, the form of the statement.1536

       (b) The treasurer shall terminate the transition fund not 1537
later than one hundred twenty days after the fund is established. 1538
Donations may be accepted for and deposited into a transition 1539
fund, and disbursements may be made from a transition fund, only 1540
during the fund's existence. Costs incurred for transition 1541
activities and inaugural celebrations that are to be paid for 1542
with moneys from the fund shall be incurred only during the 1543
fund's existence.1544

       (2) An officeholder may establish a transition fund:1545

       (a) The day after the day of the election at which the 1546
person seeks election to office, if, based on the number of 1547
ballots outstanding for that election and the unofficial results 1548
of the election, it is mathematically possible for the person to 1549
have been elected to that office; 1550

       (b) After the person has been appointed to fill a vacancy in 1551
an unexpired term of an elective office.1552

       (3)(a) An officeholder who is elected at a general election 1553
or who may be elected at a general election and who wishes to 1554
establish a transition fund shall establish that fund not later 1555
than the last day of December of the year in which the election 1556
was held.1557

       (b) An officeholder who is appointed and who wishes to 1558
establish a transition fund shall establish that fund not later 1559
than forty-five days after the day the person is appointed to 1560
office.1561

       (c) An officeholder who is elected at a special election or 1562
who may be elected at a special election and who wishes to 1563
establish a transition fund shall establish that fund not later 1564
than forty-five days after the day of the special election.1565

       (C)(1)(a) Any campaign committee and any person, including a 1566
for-profit corporation, may make a donation to a transition fund.1567

       (b) No campaign committee or person shall make a donation or 1568
donations to a transition fund of an officeholder for the joint 1569
offices of governor and lieutenant governor aggregating more than 1570
ten thousand dollars.1571

       (c) No campaign committee or person shall make a donation or 1572
donations to a transition fund of any officeholder other than an 1573
officeholder for the joint offices of governor and lieutenant 1574
governor aggregating more than two thousand five hundred dollars.1575

       (2) No officeholder shall accept a donation unless both of 1576
the following apply:1577

       (a) The officeholder has established a transition fund under 1578
division (B) of this section; and1579

       (b) The donation is deposited to the credit of that fund.1580

       (3)(a) No officeholder for the joint offices of governor and 1581
lieutenant governor or treasurer of a transition fund for the 1582
joint offices of governor and lieutenant governor shall accept a 1583
donation or donations from any one campaign committee or any one 1584
person aggregating more than ten thousand dollars.1585

       (b) No officeholder other than an officeholder for the joint 1586
offices of governor and lieutenant governor and no treasurer of a 1587
transition fund for any officeholder other than an officeholder 1588
for the joint offices of governor and lieutenant governor shall 1589
accept a donation or donations from any one campaign committee or 1590
any one person aggregating more than two thousand five hundred 1591
dollars.1592

       (D)(1)(a) The treasurer of a transition fund shall keep a 1593
strict account of all donations to the fund and all disbursements 1594
from the fund.1595

       (b) The treasurer of a transition fund shall deposit all 1596
monetary donations received by the transition fund into a separate 1597
bank or financial institution account established solely for the 1598
transition fund.1599

       (2) The treasurer of a transition fund shall file, by 1600
electronic means of transmission to the office of the secretary of 1601
state, a full, true, and itemized statement describing each 1602
donation received and each disbursement made from the fund not 1603
later than four p.m. of the following dates:1604

       (a) The fifteenth day of January of the calendar year 1605
following the general election at which the officeholder was 1606
elected, or, if the officeholder was elected at a special election 1607
or appointed to office, the sixty-fifth day after the transition 1608
fund is created, to reflect donations received and disbursements 1609
made from the creation of the transition fund to the close of 1610
business on the fifth day before the statement is required to be 1611
filed;1612

       (b) The fifteenth day of each subsequent month of the fund's 1613
existence, to reflect donations received and disbursements made 1614
from the close of business on the last day reflected in the last 1615
previously filed statement to the close of business on the fifth 1616
day before the statement is required to be filed.1617

       (3) Each statement required under division (D)(2) of this 1618
section shall contain the following information:1619

       (a) The full name and address of the treasurer filing the 1620
statement and the full name and address of the officeholder who 1621
is the beneficiary of the transition fund;1622

       (b) The balance in the transition fund brought forward from 1623
the most recently filed statement, if any;1624

       (c) A statement of donations received, which shall include 1625
all of the following:1626

       (i) The month, day, and year on which each donation was 1627
received;1628

       (ii) The full name and street address of each donor;1629

       (iii) The nature of each donation, if other than money;1630

       (iv) The value of each donation in dollars and cents; and1631

       (v) If applicable, the name of the donor's current employer, 1632
or, if the donor is self-employed, the donor's occupation and the 1633
name of the donor's business.1634

       (d) A statement of disbursements, which shall include all of 1635
the following:1636

       (i) The name and address of the recipient of each 1637
disbursement;1638

       (ii) The date of each disbursement;1639

       (iii) The amount of each disbursement;1640

       (iv) The purpose for which each disbursement was made; and1641

       (v) The date the transition fund incurred the cost for which 1642
the disbursement was made.1643

       (e) The balance remaining in the fund.1644

       (E)(1) No treasurer of a transition fund shall knowingly fail 1645
to file a statement required to be filed under this section.1646

       (2) No treasurer of a transition fund shall knowingly fail to 1647
report, or shall knowingly misrepresent, a donation required to be 1648
reported on a statement required to be filed under this section.1649

       (3) No treasurer of a transition fund shall knowingly fail to 1650
report, or shall knowingly misrepresent, a disbursement required 1651
to be reported on a statement required to be filed under this 1652
section.1653

       (F) Upon request, the secretary of state shall issue a 1654
receipt for each statement filed under this section. The secretary 1655
of state shall maintain a record of the filing for at least ten 1656
years. All statements filed under this section shall be open to 1657
public inspection in the office in which they are filed.1658

       (G)(1) Except as otherwise provided in division (H)(1) or (2) 1659
of this section, no treasurer of a transition fund shall make a 1660
disbursement from the fund for a purpose other than to pay costs 1661
incurred for transition activities and inaugural celebrations.1662

       (2) No treasurer of a transition fund shall make a 1663
disbursement from the fund to make a contribution to a campaign 1664
committee, political action committee, legislative campaign fund, 1665
political party, or political contributing entity.1666

       (3) No treasurer of a transition fund shall make a 1667
disbursement from the fund to reimburse any personal expenses of 1668
the beneficiary of the transition fund, except to reimburse the 1669
beneficiary of the transition fund for costs incurred for 1670
transition activities and inaugural celebrations.1671

       (4) No treasurer of a transition fund shall make a 1672
disbursement from the fund for the purpose of influencing the 1673
results of any election.1674

       (H)(1) Except as otherwise provided in division (H)(2) of 1675
this section, after the payment of all costs incurred for 1676
transition activities and inaugural celebrations, the treasurer 1677
of the transition fund shall dispose of any money or assets 1678
remaining in the transition fund prior to terminating the fund 1679
by doing either of the following:1680

       (a) Giving the amount, pro rata, to all persons who made 1681
donations to that transition fund as a refund of all or part of 1682
their donations;1683

       (b) Giving the amount to a corporation that is exempt from 1684
federal income taxation under subsection 501(a) and described in 1685
subsection 501(c) of the Internal Revenue Code.1686

       (2) If, upon the completion of the canvass of election 1687
returns for the election at which the beneficiary of a transition 1688
fund seeks election to office, it is determined that the 1689
beneficiary has not been elected to that office, within thirty 1690
days after the completion of the canvass the treasurer of the 1691
beneficiary's transition fund shall dispose of all assets 1692
remaining in the transition fund in the manner provided in 1693
division (H)(1) of this section. 1694

       (3) In disposing of assets under division (H)(1) or (2) of 1695
this section, the treasurer of a transition fund shall not refund 1696
to any campaign committee any donation received from that campaign 1697
committee.1698

       (I)(1) Not later than one hundred twenty days after a 1699
transition fund has been established, the treasurer of the 1700
transition fund shall file a final statement of donations and 1701
disbursements under division (D) of this section that shall 1702
include the disbursements made under division (H)(1) of this 1703
section, as applicable. The final statement shall be filed with a 1704
termination statement that meets the requirements of division 1705
(I)(3) of this section.1706

       (2) Not later than thirty-five days after a determination 1707
that the beneficiary of a transition fund has not been elected to 1708
office under division (H)(2) of this section, the treasurer of the 1709
transition fund shall file a final statement of donations and 1710
disbursements under division (D) of this section that shall 1711
include the disbursements made under division (H)(2) of this 1712
section, as applicable. The final statement shall be filed with a 1713
termination statement that meets the requirements of division 1714
(I)(3) of this section.1715

       (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

       (a) State in the termination statement that all transition 1728
fund moneys were disposed of prior to the termination of the 1729
transition fund;1730

       (b) File with the secretary of state copies of the final bank 1731
or financial institution statements within five days after the 1732
treasurer receives those statements from the bank or financial 1733
institution.1734

       (4) Upon the filing of a termination statement, the 1735
transition fund shall cease to exist.1736



       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

       (2)(a) Except as otherwise provided in division (F) of 1758
section 3517.106 of the Revised Code, campaign committees of 1759
candidates for all other offices shall file the statements 1760
prescribed by section 3517.10 of the Revised Code with the board 1761
of elections where their candidates are required to file their 1762
petitions or other papers for nomination or election. 1763

       (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

       (4) Except as otherwise provided in division (E)(3) of 1789
section 3517.106 of the Revised Code with respect to state 1790
candidate funds, county political parties shall file the 1791
statements prescribed by section 3517.10 of the Revised Code with 1792
the board of elections of their respective counties. 1793

       (B)(1) The official with whom petitions and other papers for 1794
nomination or election to public office are filed shall furnish 1795
each candidate at the time of that filing a copy of sections 1796
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and 1797
3599.031 of the Revised Code and any other materials that the 1798
secretary of state may require. Each candidate receiving the 1799
materials shall acknowledge their receipt in writing. 1800

       (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 secretary of state shall determine by rule when an 1861
addendum, amendment, or other correction to any of the following 1862
or when an amended statement of any of the following shall be 1863
filed: 1864

       (i) A two-business-day statement prescribed by section 1865
3517.10 of the Revised Code; 1866

       (ii) A disclosure of electioneering communications statement 1867
prescribed by division (D) of section 3517.1011 of the Revised 1868
Code; 1869

       (iii) A deposit and disbursement statement prescribed under 1870
division (B) of section 3517.1012 of the Revised Code; 1871

       (iv) A gift and disbursement statement prescribed under 1872
section 3517.1013 of the Revised Code;1873

       (v) A donation and disbursement statement prescribed under 1874
section 3517.1014 of the Revised Code. 1875

       An addendum, amendment, or other correction to a statement 1876
that is filed by electronic means of transmission pursuant to 1877
section 3517.106 of the Revised Code shall be filed in the same 1878
manner as the statement. 1879

       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

       (4)(a) The secretary of state or the board of elections shall 1902
examine all statements for compliance with sections 3517.08 to 1903
3517.17 of the Revised Code. 1904

       (b) The secretary of state may contract with an individual or 1905
entity not associated with the secretary of state and experienced 1906
in interpreting the campaign finance law of this state to conduct 1907
examinations of statements filed by any statewide candidate, as 1908
defined in section 3517.103 of the Revised Code. 1909

       (c) The examination shall be conducted by a person or entity 1910
qualified to conduct it. The results of the examination shall be 1911
available to the public, and, when the examination is conducted by 1912
an individual or entity not associated with the secretary of 1913
state, the results of the examination shall be reported to the 1914
secretary of state. 1915

       (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 donations1939
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

       (D) No certificate of nomination or election shall be issued 1948
to a person, and no person elected to an office shall enter upon 1949
the performance of the duties of that office, until that person or 1950
that person's campaign committee, as appropriate, has fully 1951
complied with this section and sections 3517.08, 3517.081, 1952
3517.10, and 3517.13 of the Revised Code. 1953

       Sec. 3517.13.  (A)(1) No campaign committee of a statewide 1954
candidate shall fail to file a complete and accurate statement 1955
required under division (A)(1) of section 3517.10 of the Revised 1956
Code.1957

       (2) No campaign committee of a statewide candidate shall fail 1958
to file a complete and accurate monthly statement, and no campaign 1959
committee of a statewide candidate or a candidate for the office 1960
of chief justice or justice of the supreme court shall fail to 1961
file a complete and accurate two-business-day statement, as 1962
required under section 3517.10 of the Revised Code.1963

        As used in this division, "statewide candidate" has the same 1964
meaning as in division (F)(2) of section 3517.10 of the Revised 1965
Code.1966

       (B) No campaign committee shall fail to file a complete and 1967
accurate statement required under division (A)(1) of section 1968
3517.10 of the Revised Code.1969

       (C) No campaign committee shall fail to file a complete and 1970
accurate statement required under division (A)(2) of section 1971
3517.10 of the Revised Code.1972

       (D) No campaign committee shall fail to file a complete and 1973
accurate statement required under division (A)(3) or (4) of 1974
section 3517.10 of the Revised Code.1975

       (E) No person other than a campaign committee shall knowingly 1976
fail to file a statement required under section 3517.10 or 1977
3517.107 of the Revised Code.1978

       (F) No person shall make cash contributions to any person 1979
totaling more than one hundred dollars in each primary, special, 1980
or general election.1981

       (G)(1) No person shall knowingly conceal or misrepresent 1982
contributions given or received, expenditures made, or any other 1983
information required to be reported by a provision in sections 1984
3517.08 to 3517.13 and 3517.17 of the Revised Code.1985

       (2)(a) No person shall make a contribution to a campaign 1986
committee, political action committee, political contributing 1987
entity, legislative campaign fund, political party, or person 1988
making disbursements to pay the direct costs of producing or 1989
airing electioneering communications in the name of another 1990
person.1991

       (b) A person does not make a contribution in the name of 1992
another when either of the following applies:1993

       (i) An individual makes a contribution from a partnership or 1994
other unincorporated business account, if the contribution is 1995
reported by listing both the name of the partnership or other 1996
unincorporated business and the name of the partner or owner 1997
making the contribution as required under division (I) of section 1998
3517.10 of the Revised Code.1999

       (ii) A person makes a contribution in that person's spouse's 2000
name or in both of their names.2001

       (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

       No person within this state, operating a radio or television 2014
station or network of stations in this state, shall charge a 2015
campaign committee for political broadcasts a rate that exceeds:2016

       (1) During the forty-five days preceding the date of a 2017
primary election and during the sixty days preceding the date of a 2018
general or special election in which the candidate of the campaign 2019
committee is seeking office, the lowest unit charge of the station 2020
for the same class and amount of time for the same period;2021

       (2) At any other time, the charges made for comparable use of 2022
that station by its other users.2023

       (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 2088
actions of the controlling board.2089

       (N)(1) Divisions (I) and (J) of this section apply to 2090
contributions made to the holder of a public office having 2091
ultimate responsibility for the award of a contract, or to the 2092
public officer's campaign committee, during the time the person 2093
holds the office and during any time such person was a candidate 2094
for the office. Those divisions do not apply to contributions made 2095
to, or to the campaign committee of, a candidate for or holder of 2096
the office other than the holder of the office at the time of the 2097
award of the contract.2098

       (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

       (O) No beneficiary of a campaign fund or other person shall 2118
convert for personal use, and no person shall knowingly give to a 2119
beneficiary of a campaign fund or any other person, for the 2120
beneficiary's or any other person's personal use, anything of 2121
value from the beneficiary's campaign fund, including, without 2122
limitation, payments to a beneficiary for services the beneficiary 2123
personally performs, except as reimbursement for any of the 2124
following:2125

       (1) Legitimate and verifiable prior campaign expenses 2126
incurred by the beneficiary;2127

       (2) Legitimate and verifiable ordinary and necessary prior 2128
expenses incurred by the beneficiary in connection with duties as 2129
the holder of a public office, including, without limitation, 2130
expenses incurred through participation in nonpartisan or 2131
bipartisan events if the participation of the holder of a public 2132
office would normally be expected;2133

       (3) Legitimate and verifiable ordinary and necessary prior 2134
expenses incurred by the beneficiary while doing any of the 2135
following:2136

       (a) Engaging in activities in support of or opposition to a 2137
candidate other than the beneficiary, political party, or ballot 2138
issue;2139

       (b) Raising funds for a political party, political action 2140
committee, political contributing entity, legislative campaign 2141
fund, campaign committee, or other candidate;2142

       (c) Participating in the activities of a political party, 2143
political action committee, political contributing entity, 2144
legislative campaign fund, or campaign committee;2145

       (d) Attending a political party convention or other political 2146
meeting.2147

       For purposes of this division, an expense is incurred 2148
whenever a beneficiary has either made payment or is obligated to 2149
make payment, as by the use of a credit card or other credit 2150
procedure or by the use of goods or services received on account.2151

       (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

       (1) Reimbursement for legitimate and verifiable ordinary and 2172
necessary prior expenses not otherwise prohibited by law incurred 2173
by the candidate or public official or employee while engaged in 2174
any legitimate activity of the political party, political action 2175
committee, political contributing entity, legislative campaign 2176
fund, or such campaign committee. Without limitation, reimbursable 2177
expenses under this division include those incurred while doing 2178
any of the following:2179

       (a) Engaging in activities in support of or opposition to 2180
another candidate, political party, or ballot issue;2181

       (b) Raising funds for a political party, legislative campaign 2182
fund, campaign committee, or another candidate;2183

       (c) Attending a political party convention or other political 2184
meeting.2185

       (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

       For purposes of this division, an expense is incurred 2205
whenever a candidate or public official or employee has either 2206
made payment or is obligated to make payment, as by the use of a 2207
credit card or other credit procedure, or by the use of goods or 2208
services on account.2209

       (R)(1) Division (O) or (P) of this section does not prohibit 2210
a campaign committee from making direct advance or post payment 2211
from contributions to vendors for goods and services for which 2212
reimbursement is permitted under division (O) of this section, 2213
except that no campaign committee shall pay its candidate or other 2214
beneficiary for services personally performed by the candidate or 2215
other beneficiary.2216

       (2) If any expense that may be reimbursed under division (O), 2217
(P), or (Q) of this section is part of other expenses that may not 2218
be paid or reimbursed, the separation of the two types of expenses 2219
for the purpose of allocating for payment or reimbursement those 2220
expenses that may be paid or reimbursed may be by any reasonable 2221
accounting method, considering all of the surrounding 2222
circumstances.2223

       (3) For purposes of divisions (O), (P), and (Q) of this 2224
section, mileage allowance at a rate not greater than that allowed 2225
by the internal revenue service at the time the travel occurs may 2226
be paid instead of reimbursement for actual travel expenses 2227
allowable.2228

       (S)(1) As used in division (S) of this section:2229

       (a) "State elective office" has the same meaning as in 2230
section 3517.092 of the Revised Code.2231

       (b) "Federal office" means a federal office as defined in the 2232
Federal Election Campaign Act.2233

       (c) "Federal campaign committee" means a principal campaign 2234
committee or authorized committee as defined in the Federal 2235
Election Campaign Act.2236

       (2) No person who is a candidate for state elective office 2237
and who previously sought nomination or election to a federal 2238
office shall transfer any funds or assets from that person's 2239
federal campaign committee for nomination or election to the 2240
federal office to that person's campaign committee as a candidate 2241
for state elective office.2242

       (3) No campaign committee of a person who is a candidate for 2243
state elective office and who previously sought nomination or 2244
election to a federal office shall accept any funds or assets from 2245
that person's federal campaign committee for that person's 2246
nomination or election to the federal office.2247

       (T)(1) Except as otherwise provided in division (B)(6)(c) of 2248
section 3517.102 of the Revised Code, a state or county political 2249
party shall not disburse moneys from any account other than a 2250
state candidate fund to make contributions to any of the 2251
following:2252

       (a) A state candidate fund;2253

       (b) A legislative campaign fund;2254

       (c) A campaign committee of a candidate for the office of 2255
governor, lieutenant governor, secretary of state, auditor of 2256
state, treasurer of state, attorney general, member of the state 2257
board of education, or member of the general assembly.2258

       (2) No state candidate fund, legislative campaign fund, or 2259
campaign committee of a candidate for any office described in 2260
division (T)(1)(c) of this section shall knowingly accept a 2261
contribution in violation of division (T)(1) of this section.2262

       (U) No person shall fail to file a statement required under 2263
section 3517.12 of the Revised Code.2264

       (V) No campaign committee shall fail to file a statement 2265
required under division (K)(3) of section 3517.10 of the Revised 2266
Code.2267

       (W)(1) No foreign national shall, directly or indirectly 2268
through any other person or entity, make a contribution, 2269
expenditure, or independent expenditure or promise, either 2270
expressly or implicitly, to make a contribution, expenditure, or 2271
independent expenditure in support of or opposition to a candidate 2272
for any elective office in this state, including an office of a 2273
political party.2274

       (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

       (3) As used in division (W) of this section, "foreign 2287
national" has the same meaning as in section 441e(b) of the 2288
Federal Election Campaign Act.2289

       (X)(1) No state or county political party shall transfer any 2290
moneys from its restricted fund to any account of the political 2291
party into which contributions may be made or from which 2292
contributions or expenditures may be made.2293

       (2)(a) No state or county political party shall deposit a 2294
contribution or contributions that it receives into its restricted 2295
fund.2296

       (b) No state or county political party shall make a 2297
contribution or an expenditure from its restricted fund.2298

       (3)(a) No corporation or labor organization shall make a gift 2299
or gifts from the corporation's or labor organization's money or 2300
property aggregating more than ten thousand dollars to any one 2301
state or county political party for the party's restricted fund in 2302
a calendar year.2303

       (b) No state or county political party shall accept a gift or 2304
gifts for the party's restricted fund aggregating more than ten 2305
thousand dollars from any one corporation or labor organization in 2306
a calendar year.2307

       (4) No state or county political party shall transfer any 2308
moneys in the party's restricted fund to any other state or county 2309
political party.2310

       (5) No state or county political party shall knowingly fail 2311
to file a statement required under section 3517.1012 of the 2312
Revised Code.2313

       (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

       (AA)(1) No state agency, board, or commission shall use the 2345
name, official position, likeness, image, or voice of a candidate 2346
for nomination or election to a state office in any advertising, 2347
during the calendar year in which the candidate is seeking 2348
nomination or election.2349

       (2) No person who is a candidate for nomination or election 2350
to a state office shall knowingly appear in, or knowingly use the 2351
person's name, official position, likeness, image, or voice, 2352
during the calendar year in which the person is seeking nomination 2353
or election, in any advertising with an aggregate cost exceeding 2354
ten thousand dollars that is funded directly or indirectly by 2355
state or federal moneys;2356

       (3) An individual is a candidate for nomination or election 2357
to a state office if any of the following apply:2358

        (a) The individual has filed a declaration of candidacy and 2359
petition, a nominating petition, or a declaration of intent to be 2360
a write-in candidate for a state office;2361

        (b) The individual has publicly announced the individual's 2362
intention to seek nomination or election to a state office;2363

        (c) The individual has an active campaign committee for 2364
nomination or election to a state office at the time the paid 2365
advertising materials are distributed.2366

        (4) The determination of whether a state candidate appears 2367
in, or allows the candidate's name, official position, likeness, 2368
image, or voice to be used in, advertising shall be determined as 2369
of the date the advertising materials are distributed to the 2370
public.2371

        (5) As used in division (AA) of this section:2372

       (a) "Advertising" means any advertising distributed by 2373
television or radio.2374

       (b) "State office" means any of the offices of governor, 2375
lieutenant governor, attorney general, auditor of state, secretary 2376
of state, treasurer of state, member of the general assembly, or 2377
chief justice or justice of the Ohio supreme court.2378

       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

       (C) No prosecution shall commence for a violation of a 2402
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 2403
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code 2404
unless a complaint has been filed with the commission under this 2405
section and all proceedings of the commission or a panel of the 2406
commission, as appropriate, under sections 3517.154 to 3517.157 of 2407
the Revised Code are completed. 2408

       (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

       (E) The commission shall establish a web site on which it 2423
shall post, at a minimum, all decisions and advisory opinions 2424
issued by the commission and copies of each election law as it is 2425
amended by the general assembly. The commission shall update the 2426
web site regularly to reflect any changes to those decisions and 2427
advisory opinions and any new decisions and advisory opinions. 2428

       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

       (2)(a) If the attorney determines that the complaint sets 2439
forth a violation of division (B) of section 3517.21 or division 2440
(B) of section 3517.22 of the Revised Code and that the complaint 2441
is filed during one of the periods of time specified in division 2442
(B)(1) of section 3517.156 of the Revised Code, or that the 2443
complaint sets forth a violation of section 3517.103 of the 2444
Revised Code or a violation described in division (D) of section 2445
3517.1010 of the Revised Code, the complaint shall receive an 2446
automatic expedited hearing under section 3517.156 of the Revised 2447
Code. 2448

       (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

       (3)(a) If a complaint sets forth a failure to comply with or 2469
a violation of a section of the Revised Code over which the 2470
commission has jurisdiction to hear complaints other than the 2471
sections described in divisions (A)(2)(a) and (b) of this section 2472
and if the complaint is filed during one of the periods of time 2473
specified in division (B)(1) of section 3517.156 of the Revised 2474
Code, the attorney may determine that the complaint should receive 2475
an expedited hearing under that section. The attorney shall make 2476
that determination by considering one or more of the following: 2477

       (i) The number of prior failures to comply with or violations 2478
of Title XXXV of the Revised Code that the person or entity 2479
against whom the complaint has been brought has committed and any 2480
prior penalties the commission has imposed on the person or 2481
entity; 2482

       (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, or2499
gifts and disbursements, or donations and disbursements not 2500
reported or how late they were reported; 2501

       (iv) If the complaint involves contributions required to be 2502
reported by a campaign committee under section 3517.10, division 2503
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 2504
or 3517.109 of the Revised Code that are not reported, whether any 2505
of the contributors of the contributions not reported have a 2506
personal or professional relationship with the campaign 2507
committee's candidate; 2508

       (v) If the complaint involves a statement required to be 2509
filed under section 3517.10, division (E) of section 3517.102, or 2510
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109, 2511
3517.1011, 3517.1012, or 3517.1013, or 3517.1014 of the Revised 2512
Code that is incomplete, the degree to which it is incomplete; 2513

       (vi) If the complaint involves the receipt of contributions 2514
in violation of section 3599.03 of the Revised Code, the dollar 2515
amount and number of contributions received in violation of that 2516
section; 2517

       (vii) If the complaint involves a failure to make the 2518
identification or a misstatement of the identification required 2519
under section 3517.105 or 3517.20 of the Revised Code, whether the 2520
failure or misstatement was purposely made; 2521

       (viii) If the complaint sets forth a failure to comply with 2522
or a violation of a section of the Revised Code described in 2523
division (A)(2)(c) of this section, whether the person or entity 2524
against whom the complaint has been made has committed more than 2525
one such failure or violation within a reasonable amount of time, 2526
or whether the cumulative nature of the failures or violations 2527
indicates a systematic disregard for the law. 2528

       (b) Prior to making a determination under division (A)(3)(a) 2529
of this section that the complaint should receive an expedited 2530
hearing under section 3517.156 of the Revised Code, the attorney 2531
shall take into consideration the number of panels of the 2532
commission that have cases pending before them and the number of 2533
cases pending before the panels and shall not make a determination 2534
that will place an undue burden on a panel of the commission. 2535

       (c) If the attorney determines that the complaint should 2536
receive an expedited hearing under section 3517.156 of the Revised 2537
Code, the attorney shall recommend to the commission that the 2538
complaint receive an expedited hearing, and, if a majority of the 2539
members of the commission agrees with the recommendation, the 2540
complaint shall receive an expedited hearing under that section. 2541

       (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. 3517.992.  This section establishes penalties only with 2568
respect to acts or failures to act that occur on and after August 2569
24, 1995. 2570

       (A)(1) A candidate whose campaign committee violates division 2571
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, 2572
or a treasurer of a campaign committee who violates any of those 2573
divisions, shall be fined not more than one hundred dollars for 2574
each day of violation. 2575

       (2) Whoever violates division (E) or (X)(5) of section 2576
3517.13 or division (E)(1) of section 3517.1014 of the Revised 2577
Code shall be fined not more than one hundred dollars for each day 2578
of violation. 2579

       (B) A political party that violates division (F)(1) of 2580
section 3517.101 of the Revised Code shall be fined not more than 2581
one hundred dollars for each day of violation. 2582

       (C) Whoever violates division (F)(2) of section 3517.101 or,2583
division (G) of section 3517.13, or division (E)(2) or (3) of 2584
section 3517.1014 of the Revised Code shall be fined not more than 2585
ten thousand dollars or, if the offender is a person who was 2586
nominated or elected to public office, shall forfeit the 2587
nomination or the office to which the offender was elected, or 2588
both. 2589

       (D) Whoever violates division (F) of section 3517.13 of the 2590
Revised Code shall be fined not more than three times the amount 2591
contributed. 2592

       (E) Whoever violates division (H) of section 3517.13 of the 2593
Revised Code shall be fined not more than one hundred dollars. 2594

       (F) Whoever violates division (O), (P), or (Q) of section 2595
3517.13 of the Revised Code is guilty of a misdemeanor of the 2596
first degree. 2597

       (G) A state or county committee of a political party that 2598
violates division (B)(1) of section 3517.18 of the Revised Code 2599
shall be fined not more than twice the amount of the improper 2600
expenditure. 2601

       (H) A state or county political party that violates division 2602
(G) of section 3517.101 of the Revised Code shall be fined not 2603
more than twice the amount of the improper expenditure or use. 2604

       (I)(1) Any individual who violates division (B)(1) of section 2605
3517.102 of the Revised Code and knows that the contribution the 2606
individual makes violates that division shall be fined an amount 2607
equal to three times the amount contributed in excess of the 2608
amount permitted by that division. 2609

       (2) Any political action committee that violates division 2610
(B)(2) of section 3517.102 of the Revised Code shall be fined an 2611
amount equal to three times the amount contributed in excess of 2612
the amount permitted by that division. 2613

       (3) Any campaign committee that violates division (B)(3) or 2614
(5) of section 3517.102 of the Revised Code shall be fined an 2615
amount equal to three times the amount contributed in excess of 2616
the amount permitted by that division. 2617

       (4)(a) Any legislative campaign fund that violates division 2618
(B)(6) of section 3517.102 of the Revised Code shall be fined an 2619
amount equal to three times the amount transferred or contributed 2620
in excess of the amount permitted by that division, as applicable. 2621

       (b) Any state political party, county political party, or 2622
state candidate fund of a state political party or county 2623
political party that violates division (B)(6) of section 3517.102 2624
of the Revised Code shall be fined an amount equal to three times 2625
the amount transferred or contributed in excess of the amount 2626
permitted by that division, as applicable. 2627

       (c) Any political contributing entity that violates division 2628
(B)(7) of section 3517.102 of the Revised Code shall be fined an 2629
amount equal to three times the amount contributed in excess of 2630
the amount permitted by that division. 2631

       (5) Any political party that violates division (B)(4) of 2632
section 3517.102 of the Revised Code shall be fined an amount 2633
equal to three times the amount contributed in excess of the 2634
amount permitted by that division. 2635

       (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) 2636
of this section, no violation of division (B) of section 3517.102 2637
of the Revised Code occurs, and the secretary of state shall not 2638
refer parties to the Ohio elections commission, if the amount 2639
transferred or contributed in excess of the amount permitted by 2640
that division meets either of the following conditions: 2641

       (a) It is completely refunded within five business days after 2642
it is accepted. 2643

       (b) It is completely refunded on or before the tenth business 2644
day after notification to the recipient of the excess transfer or 2645
contribution by the board of elections or the secretary of state 2646
that a transfer or contribution in excess of the permitted amount 2647
has been received. 2648

       (J)(1) Any campaign committee that violates division (C)(1), 2649
(2), (3), or (6) of section 3517.102 of the Revised Code shall be 2650
fined an amount equal to three times the amount accepted in excess 2651
of the amount permitted by that division. 2652

       (2)(a) Any county political party that violates division 2653
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code 2654
shall be fined an amount equal to three times the amount accepted. 2655

       (b) Any county political party that violates division 2656
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be 2657
fined an amount from its state candidate fund equal to three times 2658
the amount accepted in excess of the amount permitted by that 2659
division. 2660

       (c) Any state political party that violates division 2661
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined 2662
an amount from its state candidate fund equal to three times the 2663
amount accepted in excess of the amount permitted by that 2664
division. 2665

       (3) Any legislative campaign fund that violates division 2666
(C)(5) of section 3517.102 of the Revised Code shall be fined an 2667
amount equal to three times the amount accepted in excess of the 2668
amount permitted by that division. 2669

       (4) Any political action committee or political contributing 2670
entity that violates division (C)(7) of section 3517.102 of the 2671
Revised Code shall be fined an amount equal to three times the 2672
amount accepted in excess of the amount permitted by that 2673
division. 2674

       (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 2675
this section, no violation of division (C) of section 3517.102 of 2676
the Revised Code occurs, and the secretary of state shall not 2677
refer parties to the Ohio elections commission, if the amount 2678
transferred or contributed in excess of the amount permitted to be 2679
accepted by that division meets either of the following 2680
conditions: 2681

       (a) It is completely refunded within five business days after 2682
its acceptance. 2683

       (b) It is completely refunded on or before the tenth business 2684
day after notification to the recipient of the excess transfer or 2685
contribution by the board of elections or the secretary of state 2686
that a transfer or contribution in excess of the permitted amount 2687
has been received. 2688

       (K)(1) Any legislative campaign fund that violates division 2689
(F)(1) of section 3517.102 of the Revised Code shall be fined 2690
twenty-five dollars for each day of violation. 2691

       (2) Any legislative campaign fund that violates division 2692
(F)(2) of section 3517.102 of the Revised Code shall give to the 2693
treasurer of state for deposit into the state treasury to the 2694
credit of the Ohio elections commission fund all excess 2695
contributions not disposed of as required by division (E) of 2696
section 3517.102 of the Revised Code. 2697

       (L) Whoever violates section 3517.105 of the Revised Code 2698
shall be fined one thousand dollars. 2699

       (M)(1) Whoever solicits a contribution in violation of 2700
section 3517.092 or violates division (B) of section 3517.09 of 2701
the Revised Code is guilty of a misdemeanor of the first degree. 2702

       (2) Whoever knowingly accepts a contribution in violation of 2703
division (B) or (C) of section 3517.092 of the Revised Code shall 2704
be fined an amount equal to three times the amount accepted in 2705
violation of either of those divisions and shall return to the 2706
contributor any amount so accepted. Whoever unknowingly accepts a 2707
contribution in violation of division (B) or (C) of section 2708
3517.092 of the Revised Code shall return to the contributor any 2709
amount so accepted. 2710

       (N) Whoever violates division (S) of section 3517.13 of the 2711
Revised Code shall be fined an amount equal to three times the 2712
amount of funds transferred or three times the value of the assets 2713
transferred in violation of that division. 2714

       (O) Any campaign committee that accepts a contribution or 2715
contributions in violation of section 3517.108 of the Revised 2716
Code, uses a contribution in violation of that section, or fails 2717
to dispose of excess contributions in violation of that section 2718
shall be fined an amount equal to three times the amount accepted, 2719
used, or kept in violation of that section. 2720

       (P) Any political party, state candidate fund, legislative 2721
candidate fund, or campaign committee that violates division (T) 2722
of section 3517.13 of the Revised Code shall be fined an amount 2723
equal to three times the amount contributed or accepted in 2724
violation of that section. 2725

       (Q) A treasurer of a committee or another person who violates 2726
division (U) of section 3517.13 of the Revised Code shall be fined 2727
not more than two hundred fifty dollars. 2728

       (R) Whoever violates division (I) or (J) of section 3517.13 2729
of the Revised Code shall be fined not more than one thousand 2730
dollars. Whenever a person is found guilty of violating division 2731
(I) or (J) of section 3517.13 of the Revised Code, the contract 2732
awarded in violation of either of those divisions shall be 2733
rescinded if its terms have not yet been performed. 2734

       (S) A candidate whose campaign committee violates or a 2735
treasurer of a campaign committee who violates section 3517.081 of 2736
the Revised Code, and a candidate whose campaign committee 2737
violates or a treasurer of a campaign committee or another person 2738
who violates division (C) of section 3517.10 of the Revised Code, 2739
shall be fined not more than five hundred dollars. 2740

       (T) A candidate whose campaign committee violates or a 2741
treasurer of a committee who violates division (B) of section 2742
3517.09 of the Revised Code, or a candidate whose campaign 2743
committee violates or a treasurer of a campaign committee or 2744
another person who violates division (C) of section 3517.09 of the 2745
Revised Code shall be fined not more than one thousand dollars. 2746

       (U) Whoever violates section 3517.20 of the Revised Code 2747
shall be fined not more than five hundred dollars. 2748

       (V) Whoever violates section 3517.21 or 3517.22 of the 2749
Revised Code shall be imprisoned for not more than six months or 2750
fined not more than five thousand dollars, or both. 2751

       (W) A campaign committee that is required to file a 2752
declaration of no limits under division (D)(2) of section 3517.103 2753
of the Revised Code that, before filing that declaration, accepts 2754
a contribution or contributions that exceed the limitations 2755
prescribed in section 3517.102 of the Revised Code, shall return 2756
that contribution or those contributions to the contributor. 2757

       (X) Any campaign committee that fails to file the declaration 2758
of filing-day finances required by division (F) of section 2759
3517.109 or the declaration of primary-day finances or declaration 2760
of year-end finances required by division (E) of section 3517.1010 2761
of the Revised Code shall be fined twenty-five dollars for each 2762
day of violation. 2763

       (Y)(1) Any campaign committee that fails to dispose of excess 2764
funds or excess aggregate contributions under division (B) of 2765
section 3517.109 of the Revised Code in the manner required by 2766
division (C) of that section or under division (B) of section 2767
3517.1010 of the Revised Code in the manner required by division 2768
(C) of that section shall give to the treasurer of state for 2769
deposit into the Ohio elections commission fund created under 2770
division (I) of section 3517.152 of the Revised Code all funds not 2771
disposed of pursuant to those divisions. 2772

       (2) Any treasurer of a transition fund that fails to dispose 2773
of assets remaining in the transition fund as required under 2774
division (H)(1) or (2) of section 3517.1014 of the Revised Code 2775
shall give to the treasurer of state for deposit into the Ohio 2776
elections commission fund all assets not disposed of pursuant to 2777
that division.2778

       (Z) Any individual, campaign committee, political action 2779
committee, political contributing entity, legislative campaign 2780
fund, political party, treasurer of a transition fund, or other 2781
entity that violates any provision of sections 3517.09 to 3517.12 2782
of the Revised Code for which no penalty is provided for under any 2783
other division of this section shall be fined not more than one 2784
thousand dollars. 2785

       (AA)(1) Whoever knowingly violates division (W)(1) of section 2786
3517.13 of the Revised Code shall be fined an amount equal to 2787
three times the amount contributed, expended, or promised in 2788
violation of that division or ten thousand dollars, whichever 2789
amount is greater. 2790

       (2) Whoever knowingly violates division (W)(2) of section 2791
3517.13 of the Revised Code shall be fined an amount equal to 2792
three times the amount solicited or accepted in violation of that 2793
division or ten thousand dollars, whichever amount is greater. 2794

       (BB) Whoever knowingly violates division (C) or (D) of 2795
section 3517.1011 of the Revised Code shall be fined not more than 2796
ten thousand dollars plus not more than one thousand dollars for 2797
each day of violation. 2798

       (CC)(1) Subject to division (CC)(2) of this section, whoever 2799
violates division (H) of section 3517.1011 of the Revised Code 2800
shall be fined an amount up to three times the amount disbursed 2801
for the direct costs of airing the communication made in violation 2802
of that division. 2803

       (2) Whoever has been ordered by the Ohio elections commission 2804
or by a court of competent jurisdiction to cease making 2805
communications in violation of division (H) of section 3517.1011 2806
of the Revised Code who again violates that division shall be 2807
fined an amount equal to three times the amount disbursed for the 2808
direct costs of airing the communication made in violation of that 2809
division. 2810

       (DD)(1) Any corporation or labor organization that violates 2811
division (X)(3)(a) of section 3517.13 of the Revised Code shall be 2812
fined an amount equal to three times the amount given in excess of 2813
the amount permitted by that division. 2814

       (2) Any state or county political party that violates 2815
division (X)(3)(b) of section 3517.13 of the Revised Code shall be 2816
fined an amount equal to three times the amount accepted in excess 2817
of the amount permitted by that division. 2818

       (EE)(1) Any campaign committee or person who violates 2819
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code 2820
shall be fined an amount equal to three times the amount donated 2821
in excess of the amount permitted by that division.2822

       (2) Any officeholder or treasurer of a transition fund who 2823
violates division (C)(3)(a) or (b) of section 3517.1014 of the 2824
Revised Code shall be fined an amount equal to three times the 2825
amount accepted in excess of the amount permitted by that 2826
division.2827

       (FF)(1) For a violation of division (AA)(1) of section 2828
3517.13 of the Revised Code, any person may seek a writ of 2829
mandamus or prohibition from the Ohio supreme court. 2830

       (2) Whoever violates division (AA)(2) of section 3517.13 of 2831
the Revised Code is guilty of a misdemeanor of the first degree.2832

       (3) Any person may report an alleged violation of division 2833
(AA)(1) or (2) of section 3517.13 of the Revised Code.2834

       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

       (2) Whoever violates division (A)(1) of this section shall be 2858
fined not less than five hundred nor more than five thousand 2859
dollars. 2860

       (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

       (2) Whoever violates division (B)(1) of this section shall be 2867
fined not more than one thousand dollars, or imprisoned not more 2868
than one year, or both. 2869

       (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

       (D)(1) Any gift made pursuant to section 3517.101 of the 2882
Revised Code does not constitute a violation of this section or of 2883
any other section of the Revised Code. 2884

       (2) Any gift made pursuant to division (A)(2) of section 2885
3517.1012 of the Revised Code does not constitute a violation of 2886
this section. 2887

       (3) Any gift made pursuant to division (B) of section 2888
3517.1013 of the Revised Code does not constitute a violation of 2889
this section. 2890

       (4) Any donation made pursuant to division (C)(1) of section 2891
3517.1014 of the Revised Code does not constitute a violation of 2892
this section.2893

       (E) Any compensation or fees paid by a financial institution 2894
to a state political party for services rendered pursuant to 2895
division (B) of section 3517.19 of the Revised Code do not 2896
constitute a violation of this section or of any other section of 2897
the Revised Code. 2898

       (F)(1) The use by a nonprofit corporation of its money or 2899
property for communicating information for a purpose specified in 2900
division (A) of this section is not a violation of that division 2901
if the stockholders, members, donors, trustees, or officers of the 2902
nonprofit corporation are the predominant recipients of the 2903
communication. 2904

       (2) The placement of a campaign sign on the property of a 2905
corporation, nonprofit corporation, or labor organization is not a 2906
use of property in violation of division (A) of this section by 2907
that corporation, nonprofit corporation, or labor organization. 2908

       (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

       (G) In addition to the laws listed in division (A) of section 2921
4117.10 of the Revised Code that prevail over conflicting 2922
agreements between employee organizations and public employers, 2923
this section prevails over any conflicting provisions of 2924
agreements between labor organizations and public employers that 2925
are entered into on or after the effective date of this section2926
March 31, 2005, pursuant to Chapter 4117. of the Revised Code. 2927

       (H) As used in this section, "labor organization" has the 2928
same meaning as in section 3517.01 of the Revised Code. 2929

       Section 2.  That existing sections 3517.01, 3517.10, 2930
3517.106, 3517.11, 3517.13, 3517.153, 3517.154, 3517.992, and 2931
3599.03 of the Revised Code are hereby repealed. 2932