As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 222


Senator Husted 

Cosponsors: Senators Jones, Sawyer, Niehaus 



A BILL
To amend sections 3517.01 and 3517.10 and to enact 1
section 3517.1014 of the Revised Code to require 2
vendors to disclose to campaign committees all 3
expenditures made on their behalf and to require 4
campaign committees to report all expenditures 5
made by third parties on their behalf.6


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

       Section 1. That sections 3517.01 and 3517.10 be amended and 7
section 3517.1014 of the Revised Code be enacted to read as 8
follows:9

       Sec. 3517.01.  (A)(1) A political party within the meaning of 10
Title XXXV of the Revised Code is any group of voters that, at the 11
most recent regular state election, polled for its candidate for 12
governor in the state or nominees for presidential electors at 13
least five per cent of the entire vote cast for that office or 14
that filed with the secretary of state, subsequent to any election 15
in which it received less than five per cent of that vote, a 16
petition signed by qualified electors equal in number to at least 17
one per cent of the total vote for governor or nominees for 18
presidential electors at the most recent election, declaring their 19
intention of organizing a political party, the name of which shall 20
be stated in the declaration, and of participating in the 21
succeeding primary election, held in even-numbered years, that 22
occurs more than one hundred twenty days after the date of filing. 23
No such group of electors shall assume a name or designation that 24
is similar, in the opinion of the secretary of state, to that of 25
an existing political party as to confuse or mislead the voters at 26
an election. If any political party fails to cast five per cent of 27
the total vote cast at an election for the office of governor or 28
president, it shall cease to be a political party.29

       (2) A campaign committee shall be legally liable for any 30
debts, contracts, or expenditures incurred or executed in its 31
name.32

       (B) Notwithstanding the definitions found in section 3501.01 33
of the Revised Code, as used in this section and sections 3517.08 34
to 3517.14, 3517.99, and 3517.992 of the Revised Code:35

       (1) "Campaign committee" means a candidate or a combination 36
of two or more persons authorized by a candidate under section 37
3517.081 of the Revised Code to receive contributions and make 38
expenditures.39

       (2) "Campaign treasurer" means an individual appointed by a 40
candidate under section 3517.081 of the Revised Code.41

       (3) "Candidate" has the same meaning as in division (H) of 42
section 3501.01 of the Revised Code and also includes any person 43
who, at any time before or after an election, receives 44
contributions or makes expenditures or other use of contributions, 45
has given consent for another to receive contributions or make 46
expenditures or other use of contributions, or appoints a campaign 47
treasurer, for the purpose of bringing about the person's 48
nomination or election to public office. When two persons jointly 49
seek the offices of governor and lieutenant governor, "candidate" 50
means the pair of candidates jointly. "Candidate" does not include 51
candidates for election to the offices of member of a county or 52
state central committee, presidential elector, and delegate to a 53
national convention or conference of a political party.54

       (4) "Continuing association" means an association, other than 55
a campaign committee, political party, legislative campaign fund, 56
political contributing entity, or labor organization, that is 57
intended to be a permanent organization that has a primary purpose 58
other than supporting or opposing specific candidates, political 59
parties, or ballot issues, and that functions on a regular basis 60
throughout the year. "Continuing association" includes 61
organizations that are determined to be not organized for profit 62
under subsection 501 and that are described in subsection 63
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.64

       (5) "Contribution" means a loan, gift, deposit, forgiveness 65
of indebtedness, donation, advance, payment, or transfer of funds 66
or anything of value, including a transfer of funds from an inter 67
vivos or testamentary trust or decedent's estate, and the payment 68
by any person other than the person to whom the services are 69
rendered for the personal services of another person, which 70
contribution is made, received, or used for the purpose of 71
influencing the results of an election. Any loan, gift, deposit, 72
forgiveness of indebtedness, donation, advance, payment, or 73
transfer of funds or of anything of value, including a transfer of 74
funds from an inter vivos or testamentary trust or decedent's 75
estate, and the payment by any campaign committee, political 76
action committee, legislative campaign fund, political party, 77
political contributing entity, or person other than the person to 78
whom the services are rendered for the personal services of 79
another person, that is made, received, or used by a state or 80
county political party, other than moneys a state or county 81
political party receives from the Ohio political party fund 82
pursuant to section 3517.17 of the Revised Code and the moneys a 83
state or county political party may receive under sections 84
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be 85
considered to be a "contribution" for the purpose of section 86
3517.10 of the Revised Code and shall be included on a statement 87
of contributions filed under that section.88

       "Contribution" does not include any of the following:89

       (a) Services provided without compensation by individuals 90
volunteering a portion or all of their time on behalf of a person;91

       (b) Ordinary home hospitality;92

       (c) The personal expenses of a volunteer paid for by that 93
volunteer campaign worker;94

       (d) Any gift given to a state or county political party 95
pursuant to section 3517.101 of the Revised Code. As used in 96
division (B)(5)(d) of this section, "political party" means only a 97
major political party;98

       (e) Any contribution as defined in section 3517.1011 of the 99
Revised Code that is made, received, or used to pay the direct 100
costs of producing or airing an electioneering communication;101

       (f) Any gift given to a state or county political party for 102
the party's restricted fund under division (A)(2) of section 103
3517.1012 of the Revised Code;104

       (g) Any gift given to a state political party for deposit in 105
a Levin account pursuant to section 3517.1013 of the Revised Code. 106
As used in this division, "Levin account" has the same meaning as 107
in that section.108

       (6) "Expenditure" means the disbursement or use of a 109
contribution for the purpose of influencing the results of an 110
election or of making a charitable donation under division (G) of 111
section 3517.08 of the Revised Code. Any disbursement or use of a 112
contribution by a state or county political party is an 113
expenditure and shall be considered either to be made for the 114
purpose of influencing the results of an election or to be made as 115
a charitable donation under division (G) of section 3517.08 of the 116
Revised Code and shall be reported on a statement of expenditures 117
filed under section 3517.10 of the Revised Code. During the thirty 118
days preceding a primary or general election, any disbursement to 119
pay the direct costs of producing or airing a broadcast, cable, or 120
satellite communication that refers to a clearly identified 121
candidate shall be considered to be made for the purpose of 122
influencing the results of that election and shall be reported as 123
an expenditure or as an independent expenditure under section 124
3517.10 or 3517.105 of the Revised Code, as applicable, except 125
that the information required to be reported regarding 126
contributors for those expenditures or independent expenditures 127
shall be the same as the information required to be reported under 128
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. 129

       As used in this division, "broadcast, cable, or satellite 130
communication" and "refers to a clearly identified candidate" have 131
the same meanings as in section 3517.1011 of the Revised Code.132

       (7) "Personal expenses" includes, but is not limited to, 133
ordinary expenses for accommodations, clothing, food, personal 134
motor vehicle or airplane, and home telephone.135

       (8) "Political action committee" means a combination of two 136
or more persons, the primary or major purpose of which is to 137
support or oppose any candidate, political party, or issue, or to 138
influence the result of any election through express advocacy, and 139
that is not a political party, a campaign committee, a political 140
contributing entity, or a legislative campaign fund. "Political 141
action committee" does not include either of the following:142

       (a) A continuing association that makes disbursements for the 143
direct costs of producing or airing electioneering communications 144
and that does not engage in express advocacy;145

       (b) A political club that is formed primarily for social 146
purposes and that consists of one hundred members or less, has 147
officers and periodic meetings, has less than two thousand five 148
hundred dollars in its treasury at all times, and makes an 149
aggregate total contribution of one thousand dollars or less per 150
calendar year.151

       (9) "Public office" means any state, county, municipal, 152
township, or district office, except an office of a political 153
party, that is filled by an election and the offices of United 154
States senator and representative.155

       (10) "Anything of value" has the same meaning as in section 156
1.03 of the Revised Code.157

       (11) "Beneficiary of a campaign fund" means a candidate, a 158
public official or employee for whose benefit a campaign fund 159
exists, and any other person who has ever been a candidate or 160
public official or employee and for whose benefit a campaign fund 161
exists.162

       (12) "Campaign fund" means money or other property, including 163
contributions.164

       (13) "Public official or employee" has the same meaning as in 165
section 102.01 of the Revised Code.166

       (14) "Caucus" means all of the members of the house of 167
representatives or all of the members of the senate of the general 168
assembly who are members of the same political party.169

       (15) "Legislative campaign fund" means a fund that is 170
established as an auxiliary of a state political party and 171
associated with one of the houses of the general assembly.172

       (16) "In-kind contribution" means anything of value other 173
than money that is used to influence the results of an election or 174
is transferred to or used in support of or in opposition to a 175
candidate, campaign committee, legislative campaign fund, 176
political party, political action committee, or political 177
contributing entity and that is made with the consent of, in 178
coordination, cooperation, or consultation with, or at the request 179
or suggestion of the benefited candidate, committee, fund, party, 180
or entity. The financing of the dissemination, distribution, or 181
republication, in whole or part, of any broadcast or of any 182
written, graphic, or other form of campaign materials prepared by 183
the candidate, the candidate's campaign committee, or their 184
authorized agents is an in-kind contribution to the candidate and 185
an expenditure by the candidate.186

       (17) "Independent expenditure" means an expenditure by a 187
person advocating the election or defeat of an identified 188
candidate or candidates, that is not made with the consent of, in 189
coordination, cooperation, or consultation with, or at the request 190
or suggestion of any candidate or candidates or of the campaign 191
committee or agent of the candidate or candidates. As used in 192
division (B)(17) of this section:193

       (a) "Person" means an individual, partnership, unincorporated 194
business organization or association, political action committee, 195
political contributing entity, separate segregated fund, 196
association, or other organization or group of persons, but not a 197
labor organization or a corporation unless the labor organization 198
or corporation is a political contributing entity.199

       (b) "Advocating" means any communication containing a message 200
advocating election or defeat.201

       (c) "Identified candidate" means that the name of the 202
candidate appears, a photograph or drawing of the candidate 203
appears, or the identity of the candidate is otherwise apparent by 204
unambiguous reference.205

       (d) "Made in coordination, cooperation, or consultation with, 206
or at the request or suggestion of, any candidate or the campaign 207
committee or agent of the candidate" means made pursuant to any 208
arrangement, coordination, or direction by the candidate, the 209
candidate's campaign committee, or the candidate's agent prior to 210
the publication, distribution, display, or broadcast of the 211
communication. An expenditure is presumed to be so made when it is 212
any of the following:213

       (i) Based on information about the candidate's plans, 214
projects, or needs provided to the person making the expenditure 215
by the candidate, or by the candidate's campaign committee or 216
agent, with a view toward having an expenditure made;217

       (ii) Made by or through any person who is, or has been, 218
authorized to raise or expend funds, who is, or has been, an 219
officer of the candidate's campaign committee, or who is, or has 220
been, receiving any form of compensation or reimbursement from the 221
candidate or the candidate's campaign committee or agent;222

       (iii) Except as otherwise provided in division (D) of section 223
3517.105 of the Revised Code, made by a political party in support 224
of a candidate, unless the expenditure is made by a political 225
party to conduct voter registration or voter education efforts.226

       (e) "Agent" means any person who has actual oral or written 227
authority, either express or implied, to make or to authorize the 228
making of expenditures on behalf of a candidate, or means any 229
person who has been placed in a position with the candidate's 230
campaign committee or organization such that it would reasonably 231
appear that in the ordinary course of campaign-related activities 232
the person may authorize expenditures.233

       (18) "Labor organization" means a labor union; an employee 234
organization; a federation of labor unions, groups, locals, or 235
other employee organizations; an auxiliary of a labor union, 236
employee organization, or federation of labor unions, groups, 237
locals, or other employee organizations; or any other bona fide 238
organization in which employees participate and that exists for 239
the purpose, in whole or in part, of dealing with employers 240
concerning grievances, labor disputes, wages, hours, and other 241
terms and conditions of employment.242

       (19) "Separate segregated fund" means a separate segregated 243
fund established pursuant to the Federal Election Campaign Act.244

       (20) "Federal Election Campaign Act" means the "Federal 245
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 246
seq., as amended.247

       (21) "Restricted fund" means the fund a state or county 248
political party must establish under division (A)(1) of section 249
3517.1012 of the Revised Code.250

       (22) "Electioneering communication" has the same meaning as 251
in section 3517.1011 of the Revised Code.252

       (23) "Express advocacy" means a communication that contains 253
express words advocating the nomination, election, or defeat of a 254
candidate or that contains express words advocating the adoption 255
or defeat of a question or issue, as determined by a final 256
judgment of a court of competent jurisdiction.257

       (24) "Political committee" has the same meaning as in section 258
3517.1011 of the Revised Code.259

       (25) "Political contributing entity" means any entity, 260
including a corporation or labor organization, that may lawfully 261
make contributions and expenditures and that is not an individual 262
or a political action committee, continuing association, campaign 263
committee, political party, legislative campaign fund, designated 264
state campaign committee, or state candidate fund. For purposes of 265
this division, "lawfully" means not prohibited by any section of 266
the Revised Code, or authorized by a final judgment of a court of 267
competent jurisdiction.268

       (26) "Vendor" means any individual, party, or entity who is 269
employed by, contractually related to, or otherwise affiliated 270
with a candidate or a campaign committee, that makes an 271
expenditure on behalf of, in support of, or in opposition to, a 272
candidate or a campaign committee.273

       Sec. 3517.10.  (A) Except as otherwise provided in this 274
division, every campaign committee, political action committee, 275
legislative campaign fund, political party, and political 276
contributing entity that made or received a contribution or made 277
an expenditure in connection with the nomination or election of 278
any candidate or in connection with any ballot issue or question 279
at any election held or to be held in this state shall file, on a 280
form prescribed under this section or by electronic means of 281
transmission as provided in this section and section 3517.106 of 282
the Revised Code, a full, true, and itemized statement, made under 283
penalty of election falsification, setting forth in detail the 284
contributions and expenditures, not later than four p.m. of the 285
following dates:286

       (1) The twelfth day before the election to reflect 287
contributions received and expenditures made from the close of 288
business on the last day reflected in the last previously filed 289
statement, if any, to the close of business on the twentieth day 290
before the election;291

       (2) The thirty-eighth day after the election to reflect the 292
contributions received and expenditures made from the close of 293
business on the last day reflected in the last previously filed 294
statement, if any, to the close of business on the seventh day 295
before the filing of the statement;296

       (3) The last business day of January of every year to reflect 297
the contributions received and expenditures made from the close of 298
business on the last day reflected in the last previously filed 299
statement, if any, to the close of business on the last day of 300
December of the previous year;301

       (4) The last business day of July of every year to reflect 302
the contributions received and expenditures made from the close of 303
business on the last day reflected in the last previously filed 304
statement, if any, to the close of business on the last day of 305
June of that year.306

       A campaign committee shall only be required to file the 307
statements prescribed under divisions (A)(1) and (2) of this 308
section in connection with the nomination or election of the 309
committee's candidate.310

       The statement required under division (A)(1) of this section 311
shall not be required of any campaign committee, political action 312
committee, legislative campaign fund, political party, or 313
political contributing entity that has received contributions of 314
less than one thousand dollars and has made expenditures of less 315
than one thousand dollars at the close of business on the 316
twentieth day before the election. Those contributions and 317
expenditures shall be reported in the statement required under 318
division (A)(2) of this section.319

       If an election to select candidates to appear on the general 320
election ballot is held within sixty days before a general 321
election, the campaign committee of a successful candidate in the 322
earlier election may file the statement required by division 323
(A)(1) of this section for the general election instead of the 324
statement required by division (A)(2) of this section for the 325
earlier election if the pregeneral election statement reflects the 326
status of contributions and expenditures for the period twenty 327
days before the earlier election to twenty days before the general 328
election.329

       If a person becomes a candidate less than twenty days before 330
an election, the candidate's campaign committee is not required to 331
file the statement required by division (A)(1) of this section.332

       No statement under division (A)(3) of this section shall be 333
required for any year in which a campaign committee, political 334
action committee, legislative campaign fund, political party, or 335
political contributing entity is required to file a postgeneral 336
election statement under division (A)(2) of this section. However, 337
a statement under division (A)(3) of this section may be filed, at 338
the option of the campaign committee, political action committee, 339
legislative campaign fund, political party, or political 340
contributing entity.341

       No campaign committee of a candidate for the office of chief 342
justice or justice of the supreme court, and no campaign committee 343
of a candidate for the office of judge of any court in this state, 344
shall be required to file a statement under division (A)(4) of 345
this section.346

       Except as otherwise provided in this paragraph and in the 347
next paragraph of this section, the only campaign committees 348
required to file a statement under division (A)(4) of this section 349
are the campaign committee of a statewide candidate and the 350
campaign committee of a candidate for county office. The campaign 351
committee of a candidate for any other nonjudicial office is 352
required to file a statement under division (A)(4) of this section 353
if that campaign committee receives, during that period, 354
contributions exceeding ten thousand dollars.355

       No statement under division (A)(4) of this section shall be 356
required of a campaign committee, a political action committee, a 357
legislative campaign fund, a political party, or a political 358
contributing entity for any year in which the campaign committee, 359
political action committee, legislative campaign fund, political 360
party, or political contributing entity is required to file a 361
postprimary election statement under division (A)(2) of this 362
section. However, a statement under division (A)(4) of this 363
section may be filed at the option of the campaign committee, 364
political action committee, legislative campaign fund, political 365
party, or political contributing entity.366

       No statement under division (A)(3) or (4) of this section 367
shall be required if the campaign committee, political action 368
committee, legislative campaign fund, political party, or 369
political contributing entity has no contributions that it has 370
received and no expenditures that it has made since the last date 371
reflected in its last previously filed statement. However, the 372
campaign committee, political action committee, legislative 373
campaign fund, political party, or political contributing entity 374
shall file a statement to that effect, on a form prescribed under 375
this section and made under penalty of election falsification, on 376
the date required in division (A)(3) or (4) of this section, as 377
applicable.378

       The campaign committee of a statewide candidate shall file a 379
monthly statement of contributions received during each of the 380
months of July, August, and September in the year of the general 381
election in which the candidate seeks office. The campaign 382
committee of a statewide candidate shall file the monthly 383
statement not later than three business days after the last day of 384
the month covered by the statement. During the period beginning on 385
the nineteenth day before the general election in which a 386
statewide candidate seeks election to office and extending through 387
the day of that general election, each time the campaign committee 388
of the joint candidates for the offices of governor and lieutenant 389
governor or of a candidate for the office of secretary of state, 390
auditor of state, treasurer of state, or attorney general receives 391
a contribution from a contributor that causes the aggregate amount 392
of contributions received from that contributor during that period 393
to equal or exceed ten thousand dollars and each time the campaign 394
committee of a candidate for the office of chief justice or 395
justice of the supreme court receives a contribution from a 396
contributor that causes the aggregate amount of contributions 397
received from that contributor during that period to exceed ten 398
thousand dollars, the campaign committee shall file a 399
two-business-day statement reflecting that contribution. During 400
the period beginning on the nineteenth day before a primary 401
election in which a candidate for statewide office seeks 402
nomination to office and extending through the day of that primary 403
election, each time either the campaign committee of a statewide 404
candidate in that primary election that files a notice under 405
division (C)(1) of section 3517.103 of the Revised Code or the 406
campaign committee of a statewide candidate in that primary 407
election to which, in accordance with division (D) of section 408
3517.103 of the Revised Code, the contribution limitations 409
prescribed in section 3517.102 of the Revised Code no longer apply 410
receives a contribution from a contributor that causes the 411
aggregate amount of contributions received from that contributor 412
during that period to exceed ten thousand dollars, the campaign 413
committee shall file a two-business-day statement reflecting that 414
contribution. Contributions reported on a two-business-day 415
statement required to be filed by a campaign committee of a 416
statewide candidate in a primary election shall also be included 417
in the postprimary election statement required to be filed by that 418
campaign committee under division (A)(2) of this section. A 419
two-business-day statement required by this paragraph shall be 420
filed not later than two business days after receipt of the 421
contribution. The statements required by this paragraph shall be 422
filed in addition to any other statements required by this 423
section.424

       Subject to the secretary of state having implemented, tested, 425
and verified the successful operation of any system the secretary 426
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of 427
this section and division (H)(1) of section 3517.106 of the 428
Revised Code for the filing of campaign finance statements by 429
electronic means of transmission, a campaign committee of a 430
statewide candidate shall file a two-business-day statement under 431
the preceding paragraph by electronic means of transmission if the 432
campaign committee is required to file a pre-election, 433
postelection, or monthly statement of contributions and 434
expenditures by electronic means of transmission under this 435
section or section 3517.106 of the Revised Code.436

       If a campaign committee or political action committee has no 437
balance on hand and no outstanding obligations and desires to 438
terminate itself, it shall file a statement to that effect, on a 439
form prescribed under this section and made under penalty of 440
election falsification, with the official with whom it files a 441
statement under division (A) of this section after filing a final 442
statement of contributions and a final statement of expenditures, 443
if contributions have been received or expenditures made since the 444
period reflected in its last previously filed statement.445

       (B) Except as otherwise provided in division (C)(7) of this 446
section, each statement required by division (A) of this section 447
shall contain the following information:448

       (1) The full name and address of each campaign committee, 449
political action committee, legislative campaign fund, political 450
party, or political contributing entity, including any treasurer 451
of the committee, fund, party, or entity, filing a contribution 452
and expenditure statement;453

       (2)(a) In the case of a campaign committee, the candidate's 454
full name and address;455

       (b) In the case of a political action committee, the 456
registration number assigned to the committee under division 457
(D)(1) of this section.458

       (3) The date of the election and whether it was or will be a 459
general, primary, or special election;460

       (4) A statement of contributions received, which shall 461
include the following information:462

       (a) The month, day, and year of the contribution;463

       (b)(i) The full name and address of each person, political 464
party, campaign committee, legislative campaign fund, political 465
action committee, or political contributing entity from whom 466
contributions are received and the registration number assigned to 467
the political action committee under division (D)(1) of this 468
section. The requirement of filing the full address does not apply 469
to any statement filed by a state or local committee of a 470
political party, to a finance committee of such committee, or to a 471
committee recognized by a state or local committee as its 472
fund-raising auxiliary. Notwithstanding division (F) of this 473
section, the requirement of filing the full address shall be 474
considered as being met if the address filed is the same address 475
the contributor provided under division (E)(1) of this section.476

       (ii) If a political action committee, political contributing 477
entity, legislative campaign fund, or political party that is 478
required to file campaign finance statements by electronic means 479
of transmission under section 3517.106 of the Revised Code or a 480
campaign committee of a statewide candidate or candidate for the 481
office of member of the general assembly receives a contribution 482
from an individual that exceeds one hundred dollars, the name of 483
the individual's current employer, if any, or, if the individual 484
is self-employed, the individual's occupation and the name of the 485
individual's business, if any;486

       (iii) If a campaign committee of a statewide candidate or 487
candidate for the office of member of the general assembly 488
receives a contribution transmitted pursuant to section 3599.031 489
of the Revised Code from amounts deducted from the wages and 490
salaries of two or more employees that exceeds in the aggregate 491
one hundred dollars during any one filing period under division 492
(A)(1), (2), (3), or (4) of this section, the full name of the 493
employees' employer and the full name of the labor organization of 494
which the employees are members, if any.495

       (c) A description of the contribution received, if other than 496
money;497

       (d) The value in dollars and cents of the contribution;498

       (e) A separately itemized account of all contributions and 499
expenditures regardless of the amount, except a receipt of a 500
contribution from a person in the sum of twenty-five dollars or 501
less at one social or fund-raising activity and a receipt of a 502
contribution transmitted pursuant to section 3599.031 of the 503
Revised Code from amounts deducted from the wages and salaries of 504
employees if the contribution from the amount deducted from the 505
wages and salary of any one employee is twenty-five dollars or 506
less aggregated in a calendar year. An account of the total 507
contributions from each social or fund-raising activity shall 508
include a description of and the value of each in-kind 509
contribution received at that activity from any person who made 510
one or more such contributions whose aggregate value exceeded two 511
hundred fifty dollars and shall be listed separately, together 512
with the expenses incurred and paid in connection with that 513
activity. A campaign committee, political action committee, 514
legislative campaign fund, political party, or political 515
contributing entity shall keep records of contributions from each 516
person in the amount of twenty-five dollars or less at one social 517
or fund-raising activity and contributions from amounts deducted 518
under section 3599.031 of the Revised Code from the wages and 519
salary of each employee in the amount of twenty-five dollars or 520
less aggregated in a calendar year. No continuing association that 521
is recognized by a state or local committee of a political party 522
as an auxiliary of the party and that makes a contribution from 523
funds derived solely from regular dues paid by members of the 524
auxiliary shall be required to list the name or address of any 525
members who paid those dues.526

       Contributions that are other income shall be itemized 527
separately from all other contributions. The information required 528
under division (B)(4) of this section shall be provided for all 529
other income itemized. As used in this paragraph, "other income" 530
means a loan, investment income, or interest income.531

       (f) In the case of a campaign committee of a state elected 532
officer, if a person doing business with the state elected officer 533
in the officer's official capacity makes a contribution to the 534
campaign committee of that officer, the information required under 535
division (B)(4) of this section in regard to that contribution, 536
which shall be filed together with and considered a part of the 537
committee's statement of contributions as required under division 538
(A) of this section but shall be filed on a separate form provided 539
by the secretary of state. As used in this division:540

       (i) "State elected officer" has the same meaning as in 541
section 3517.092 of the Revised Code.542

       (ii) "Person doing business" means a person or an officer of 543
an entity who enters into one or more contracts with a state 544
elected officer or anyone authorized to enter into contracts on 545
behalf of that officer to receive payments for goods or services, 546
if the payments total, in the aggregate, more than five thousand 547
dollars during a calendar year.548

       (5) A statement of expenditures which shall include the 549
following information:550

       (a) The month, day, and year of the expenditure;551

       (b) The full name and address of each person, political 552
party, campaign committee, legislative campaign fund, political 553
action committee, or political contributing entity to whom the 554
expenditure was made and the registration number assigned to the 555
political action committee under division (D)(1) of this section;556

       (c) The object or purpose for which the expenditure was made;557

       (d) The amount of each expenditure;558

       (e) In the case of a campaign committee, the full name and 559
address of each vendor to whom an expenditure was made and an 560
itemized record of all expenditure information reported by the 561
vendor to the campaign committee under section 3517.1014 of the 562
Revised Code.563

       (C)(1) The statement of contributions and expenditures shall 564
be signed by the person completing the form. If a statement of 565
contributions and expenditures is filed by electronic means of 566
transmission pursuant to this section or section 3517.106 of the 567
Revised Code, the electronic signature of the person who executes 568
the statement and transmits the statement by electronic means of 569
transmission, as provided in division (H) of section 3517.106 of 570
the Revised Code, shall be attached to or associated with the 571
statement and shall be binding on all persons and for all purposes 572
under the campaign finance reporting law as if the signature had 573
been handwritten in ink on a printed form.574

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

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

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

       (5) The campaign committee of any person who attempts to 592
become a candidate and who, for any reason, does not become 593
certified in accordance with Title XXXV of the Revised Code for 594
placement on the official ballot of a primary, general, or special 595
election to be held in this state, and who, at any time prior to 596
or after an election, receives contributions or makes 597
expenditures, or has given consent for another to receive 598
contributions or make expenditures, for the purpose of bringing 599
about the person's nomination or election to public office, shall 600
file the statement or statements prescribed by this section and a 601
termination statement, if applicable. Division (C)(5) of this 602
section does not apply to any person with respect to an election 603
to the offices of member of a county or state central committee, 604
presidential elector, or delegate to a national convention or 605
conference of a political party.606

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

       (b) The secretary of state shall prescribe the form for all 612
statements required to be filed under this section and shall 613
furnish the forms to the boards of elections in the several 614
counties. The boards of elections shall supply printed copies of 615
those forms without charge. The secretary of state shall prescribe 616
the appropriate methodology, protocol, and data file structure for 617
statements required or permitted to be filed by electronic means 618
of transmission under division (A) of this section, divisions (E), 619
(F), and (G) of section 3517.106, division (D) of section 620
3517.1011, division (B) of section 3517.1012, and division (C) of 621
section 3517.1013 of the Revised Code. Subject to division (A) of 622
this section, divisions (E), (F), and (G) of section 3517.106, 623
division (D) of section 3517.1011, division (B) of section 624
3517.1012, and division (C) of section 3517.1013 of the Revised 625
Code, the statements required to be stored on computer by the 626
secretary of state under division (B) of section 3517.106 of the 627
Revised Code shall be filed in whatever format the secretary of 628
state considers necessary to enable the secretary of state to 629
store the information contained in the statements on computer. Any 630
such format shall be of a type and nature that is readily 631
available to whoever is required to file the statements in that 632
format.633

       (c) The secretary of state shall assess the need for training 634
regarding the filing of campaign finance statements by electronic 635
means of transmission and regarding associated technologies for 636
candidates, campaign committees, political action committees, 637
legislative campaign funds, political parties, or political 638
contributing entities, for individuals, partnerships, or other 639
entities, or for persons making disbursements to pay the direct 640
costs of producing or airing electioneering communications, 641
required or permitted to file statements by electronic means of 642
transmission under this section or section 3517.105, 3517.106, 643
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the 644
opinion of the secretary of state, training in these areas is 645
necessary, the secretary of state shall arrange for the provision 646
of voluntary training programs for candidates, campaign 647
committees, political action committees, legislative campaign 648
funds, political parties, or political contributing entities, for 649
individuals, partnerships, and other entities, or for persons 650
making disbursements to pay the direct costs of producing or 651
airing electioneering communications, as appropriate.652

       (7) Each monthly statement and each two-business-day 653
statement required by division (A) of this section shall contain 654
the information required by divisions (B)(1) to (4), (C)(2), and, 655
if appropriate, (C)(3) of this section. Each statement shall be 656
signed as required by division (C)(1) of this section.657

       (D)(1) Prior to receiving a contribution or making an 658
expenditure, every campaign committee, political action committee, 659
legislative campaign fund, political party, or political 660
contributing entity shall appoint a treasurer and shall file, on a 661
form prescribed by the secretary of state, a designation of that 662
appointment, including the full name and address of the treasurer 663
and of the campaign committee, political action committee, 664
legislative campaign fund, political party, or political 665
contributing entity. That designation shall be filed with the 666
official with whom the campaign committee, political action 667
committee, legislative campaign fund, political party, or 668
political contributing entity is required to file statements under 669
section 3517.11 of the Revised Code. The name of a campaign 670
committee shall include at least the last name of the campaign 671
committee's candidate. If two or more candidates are the 672
beneficiaries of a single campaign committee under division (B) of 673
section 3517.081 of the Revised Code, the name of the campaign 674
committee shall include at least the last name of each candidate 675
who is a beneficiary of that campaign committee. The secretary of 676
state shall assign a registration number to each political action 677
committee that files a designation of the appointment of a 678
treasurer under this division if the political action committee is 679
required by division (A)(1) of section 3517.11 of the Revised Code 680
to file the statements prescribed by this section with the 681
secretary of state.682

       (2) The treasurer appointed under division (D)(1) of this 683
section shall keep a strict account of all contributions, from 684
whom received and the purpose for which they were disbursed.685

       (3)(a) Except as otherwise provided in section 3517.108 of 686
the Revised Code, a campaign committee shall deposit all monetary 687
contributions received by the committee into an account separate 688
from a personal or business account of the candidate or campaign 689
committee.690

       (b) A political action committee shall deposit all monetary 691
contributions received by the committee into an account separate 692
from all other funds.693

       (c) A state or county political party may establish a state 694
candidate fund that is separate from an account that contains the 695
public moneys received from the Ohio political party fund under 696
section 3517.17 of the Revised Code and from all other funds. A 697
state or county political party may deposit into its state 698
candidate fund any amounts of monetary contributions that are made 699
to or accepted by the political party subject to the applicable 700
limitations, if any, prescribed in section 3517.102 of the Revised 701
Code. A state or county political party shall deposit all other 702
monetary contributions received by the party into one or more 703
accounts that are separate from its state candidate fund and from 704
its account that contains the public moneys received from the Ohio 705
political party fund under section 3517.17 of the Revised Code.706

       (d) Each state political party shall have only one 707
legislative campaign fund for each house of the general assembly. 708
Each such fund shall be separate from any other funds or accounts 709
of that state party. A legislative campaign fund is authorized to 710
receive contributions and make expenditures for the primary 711
purpose of furthering the election of candidates who are members 712
of that political party to the house of the general assembly with 713
which that legislative campaign fund is associated. Each 714
legislative campaign fund shall be administered and controlled in 715
a manner designated by the caucus. As used in this division, 716
"caucus" has the same meaning as in section 3517.01 of the Revised 717
Code and includes, as an ex officio member, the chairperson of the 718
state political party with which the caucus is associated or that 719
chairperson's designee.720

       (4) Every expenditure in excess of twenty-five dollars shall 721
be vouched for by a receipted bill, stating the purpose of the 722
expenditure, that shall be filed with the statement of 723
expenditures. A canceled check with a notation of the purpose of 724
the expenditure is a receipted bill for purposes of division 725
(D)(4) of this section.726

       (5) The secretary of state or the board of elections, as the 727
case may be, shall issue a receipt for each statement filed under 728
this section and shall preserve a copy of the receipt for a period 729
of at least six years. All statements filed under this section 730
shall be open to public inspection in the office where they are 731
filed and shall be carefully preserved for a period of at least 732
six years after the year in which they are filed.733

       (6) The secretary of state, by rule adopted pursuant to 734
section 3517.23 of the Revised Code, shall prescribe both of the 735
following:736

       (a) The manner of immediately acknowledging, with date and 737
time received, and preserving the receipt of statements that are 738
transmitted by electronic means of transmission to the secretary 739
of state pursuant to this section or section 3517.106, 3517.1011, 740
3517.1012, or 3517.1013 of the Revised Code;741

       (b) The manner of preserving the contribution and 742
expenditure, contribution and disbursement, deposit and 743
disbursement, or gift and disbursement information in the 744
statements described in division (D)(6)(a) of this section. The 745
secretary of state shall preserve the contribution and 746
expenditure, contribution and disbursement, deposit and 747
disbursement, or gift and disbursement information in those 748
statements for at least ten years after the year in which they are 749
filed by electronic means of transmission.750

       (7) The secretary of state, pursuant to division (I) of 751
section 3517.106 of the Revised Code, shall make available online 752
to the public through the internet the contribution and 753
expenditure, contribution and disbursement, deposit and 754
disbursement, or gift and disbursement information in all 755
statements, all addenda, amendments, or other corrections to 756
statements, and all amended statements filed with the secretary of 757
state by electronic or other means of transmission under this 758
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or 759
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of 760
the Revised Code. The secretary of state may remove the 761
information from the internet after a reasonable period of time.762

       (E)(1) Any person, political party, campaign committee, 763
legislative campaign fund, political action committee, or 764
political contributing entity that makes a contribution in 765
connection with the nomination or election of any candidate or in 766
connection with any ballot issue or question at any election held 767
or to be held in this state shall provide its full name and 768
address to the recipient of the contribution at the time the 769
contribution is made. The political action committee also shall 770
provide the registration number assigned to the committee under 771
division (D)(1) of this section to the recipient of the 772
contribution at the time the contribution is made.773

       (2) Any individual who makes a contribution that exceeds one 774
hundred dollars to a political action committee, political 775
contributing entity, legislative campaign fund, or political party 776
or to a campaign committee of a statewide candidate or candidate 777
for the office of member of the general assembly shall provide the 778
name of the individual's current employer, if any, or, if the 779
individual is self-employed, the individual's occupation and the 780
name of the individual's business, if any, to the recipient of the 781
contribution at the time the contribution is made. Sections 782
3599.39 and 3599.40 of the Revised Code do not apply to division 783
(E)(2) of this section.784

       (3) If a campaign committee shows that it has exercised its 785
best efforts to obtain, maintain, and submit the information 786
required under divisions (B)(4)(b)(ii) and (iii) of this section, 787
that committee is considered to have met the requirements of those 788
divisions. A campaign committee shall not be considered to have 789
exercised its best efforts unless, in connection with written 790
solicitations, it regularly includes a written request for the 791
information required under division (B)(4)(b)(ii) of this section 792
from the contributor or the information required under division 793
(B)(4)(b)(iii) of this section from whoever transmits the 794
contribution.795

       (4) Any check that a political action committee uses to make 796
a contribution or an expenditure shall contain the full name and 797
address of the committee and the registration number assigned to 798
the committee under division (D)(1) of this section.799

       (F) As used in this section:800

       (1)(a) Except as otherwise provided in division (F)(1) of 801
this section, "address" means all of the following if they exist: 802
apartment number, street, road, or highway name and number, rural 803
delivery route number, city or village, state, and zip code as 804
used in a person's post-office address, but not post-office box.805

        (b) Except as otherwise provided in division (F)(1) of this 806
section, if an address is required in this section, a post-office 807
box and office, room, or suite number may be included in addition 808
to, but not in lieu of, an apartment, street, road, or highway 809
name and number.810

        (c) If an address is required in this section, a campaign 811
committee, political action committee, legislative campaign fund, 812
political party, or political contributing entity may use the 813
business or residence address of its treasurer or deputy 814
treasurer. The post-office box number of the campaign committee, 815
political action committee, legislative campaign fund, political 816
party, or political contributing entity may be used in addition to 817
that address.818

       (d) For the sole purpose of a campaign committee's reporting 819
of contributions on a statement of contributions received under 820
division (B)(4) of this section, "address" has one of the 821
following meanings at the option of the campaign committee:822

       (i) The same meaning as in division (F)(1)(a) of this 823
section;824

       (ii) All of the following, if they exist: the contributor's 825
post-office box number and city or village, state, and zip code as 826
used in the contributor's post-office address.827

       (e) As used with regard to the reporting under this section 828
of any expenditure, "address" means all of the following if they 829
exist: apartment number, street, road, or highway name and number, 830
rural delivery route number, city or village, state, and zip code 831
as used in a person's post-office address, or post-office box. If 832
an address concerning any expenditure is required in this section, 833
a campaign committee, political action committee, legislative 834
campaign fund, political party, or political contributing entity 835
may use the business or residence address of its treasurer or 836
deputy treasurer or its post-office box number.837

       (2) "Statewide candidate" means the joint candidates for the 838
offices of governor and lieutenant governor or a candidate for the 839
office of secretary of state, auditor of state, treasurer of 840
state, attorney general, member of the state board of education, 841
chief justice of the supreme court, or justice of the supreme 842
court.843

       (3) "Candidate for county office" means a candidate for the 844
office of county auditor, county treasurer, clerk of the court of 845
common pleas, judge of the court of common pleas, sheriff, county 846
recorder, county engineer, county commissioner, prosecuting 847
attorney, or coroner.848

       (G) An independent expenditure shall be reported whenever and 849
in the same manner that an expenditure is required to be reported 850
under this section and shall be reported pursuant to division 851
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.852

       (H)(1) Except as otherwise provided in division (H)(2) of 853
this section, if, during the combined pre-election and 854
postelection reporting periods for an election, a campaign 855
committee has received contributions of five hundred dollars or 856
less and has made expenditures in the total amount of five hundred 857
dollars or less, it may file a statement to that effect, under 858
penalty of election falsification, in lieu of the statement 859
required by division (A)(2) of this section. The statement shall 860
indicate the total amount of contributions received and the total 861
amount of expenditures made during those combined reporting 862
periods.863

       (2) In the case of a successful candidate at a primary 864
election, if either the total contributions received by or the 865
total expenditures made by the candidate's campaign committee 866
during the preprimary, postprimary, pregeneral, and postgeneral 867
election periods combined equal more than five hundred dollars, 868
the campaign committee may file the statement under division 869
(H)(1) of this section only for the primary election. The first 870
statement that the campaign committee files in regard to the 871
general election shall reflect all contributions received and all 872
expenditures made during the preprimary and postprimary election 873
periods.874

       (3) Divisions (H)(1) and (2) of this section do not apply if 875
a campaign committee receives contributions or makes expenditures 876
prior to the first day of January of the year of the election at 877
which the candidate seeks nomination or election to office or if 878
the campaign committee does not file a termination statement with 879
its postprimary election statement in the case of an unsuccessful 880
primary election candidate or with its postgeneral election 881
statement in the case of other candidates.882

       (I) In the case of a contribution made by a partner of a 883
partnership or an owner or a member of another unincorporated 884
business from any funds of the partnership or other unincorporated 885
business, all of the following apply:886

       (1) The recipient of the contribution shall report the 887
contribution by listing both the partnership or other 888
unincorporated business and the name of the partner, owner, or 889
member making the contribution.890

       (2) In reporting the contribution, the recipient of the 891
contribution shall be entitled to conclusively rely upon the 892
information provided by the partnership or other unincorporated 893
business, provided that the information includes one of the 894
following:895

       (a) The name of each partner, owner, or member as of the date 896
of the contribution or contributions, and a statement that the 897
total contributions are to be allocated equally among all of the 898
partners, owners, or members; or899

       (b) The name of each partner, owner, or member as of the date 900
of the contribution or contributions who is participating in the 901
contribution or contributions, and a statement that the 902
contribution or contributions are to be allocated to those 903
individuals in accordance with the information provided by the 904
partnership or other unincorporated business to the recipient of 905
the contribution.906

       (3) For purposes of section 3517.102 of the Revised Code, the 907
contribution shall be considered to have been made by the partner, 908
owner, or member reported under division (I)(1) of this section.909

       (4) No contribution from a partner of a partnership or an 910
owner or a member of another unincorporated business shall be 911
accepted from any funds of the partnership or other unincorporated 912
business unless the recipient reports the contribution under 913
division (I)(1) of this section together with the information 914
provided under division (I)(2) of this section.915

       (5) No partnership or other unincorporated business shall 916
make a contribution or contributions solely in the name of the 917
partnership or other unincorporated business.918

       (6) As used in division (I) of this section, "partnership or 919
other unincorporated business" includes, but is not limited to, a 920
cooperative, a sole proprietorship, a general partnership, a 921
limited partnership, a limited partnership association, a limited 922
liability partnership, and a limited liability company.923

       (J) A candidate shall have only one campaign committee at any 924
given time for all of the offices for which the person is a 925
candidate or holds office.926

       (K)(1) In addition to filing a designation of appointment of 927
a treasurer under division (D)(1) of this section, the campaign 928
committee of any candidate for an elected municipal office that 929
pays an annual amount of compensation of five thousand dollars or 930
less, the campaign committee of any candidate for member of a 931
board of education except member of the state board of education, 932
or the campaign committee of any candidate for township trustee or 933
township fiscal officer may sign, under penalty of election 934
falsification, a certificate attesting that the committee will not 935
accept contributions during an election period that exceed in the 936
aggregate two thousand dollars from all contributors and one 937
hundred dollars from any one individual, and that the campaign 938
committee will not make expenditures during an election period 939
that exceed in the aggregate two thousand dollars.940

       The certificate shall be on a form prescribed by the 941
secretary of state and shall be filed not later than ten days 942
after the candidate files a declaration of candidacy and petition, 943
a nominating petition, or a declaration of intent to be a write-in 944
candidate.945

       (2) Except as otherwise provided in division (K)(3) of this 946
section, a campaign committee that files a certificate under 947
division (K)(1) of this section is not required to file the 948
statements required by division (A) of this section.949

       (3) If, after filing a certificate under division (K)(1) of 950
this section, a campaign committee exceeds any of the limitations 951
described in that division during an election period, the 952
certificate is void and thereafter the campaign committee shall 953
file the statements required by division (A) of this section. If 954
the campaign committee has not previously filed a statement, then 955
on the first statement the campaign committee is required to file 956
under division (A) of this section after the committee's 957
certificate is void, the committee shall report all contributions 958
received and expenditures made from the time the candidate filed 959
the candidate's declaration of candidacy and petition, nominating 960
petition, or declaration of intent to be a write-in candidate.961

       (4) As used in division (K) of this section, "election 962
period" means the period of time beginning on the day a person 963
files a declaration of candidacy and petition, nominating 964
petition, or declaration of intent to be a write-in candidate 965
through the day of the election at which the person seeks 966
nomination to office if the person is not elected to office, or, 967
if the candidate was nominated in a primary election, the day of 968
the election at which the candidate seeks office.969

       (L) A political contributing entity that receives 970
contributions from the dues, membership fees, or other assessments 971
of its members or from its officers, shareholders, and employees 972
may report the aggregate amount of contributions received from 973
those contributors and the number of individuals making those 974
contributions, for each filing period under divisions (A)(1), (2), 975
(3), and (4) of this section, rather than reporting information as 976
required under division (B)(4) of this section, including, when 977
applicable, the name of the current employer, if any, of a 978
contributor whose contribution exceeds one hundred dollars or, if 979
such a contributor is self-employed, the contributor's occupation 980
and the name of the contributor's business, if any. Division 981
(B)(4) of this section applies to a political contributing entity 982
with regard to contributions it receives from all other 983
contributors.984

       Sec. 3517.1014. Any vendor that makes an expenditure on 985
behalf of, in support of, or in opposition to a candidate or 986
campaign committee shall promptly transmit a record of the 987
expenditure to the campaign committee of the candidate upon whose 988
behalf the expenditure was made. The record shall include all of 989
the following:990

        (A) The full name and address of the vendor;991

        (B) The month, day, and year of the expenditure;992

        (C) The full name and address of the entity to whom the 993
expenditure was made;994

        (D) The object or purpose for which the expenditure was made; 995
and996

        (E) The amount of the expenditure. 997

       Section 2. That existing sections 3517.01 and 3517.10 of the 998
Revised Code are hereby repealed.999