Sec. 3517.01. (A)(1) A political party within the meaning of | 14 |
Title XXXV of the Revised Code is any group of voters that, at the | 15 |
most recent regular state election, polled for its candidate for | 16 |
governor in the state or nominees for presidential electors at | 17 |
least five per cent of the entire vote cast for that office or | 18 |
that filed with the secretary of state, subsequent to any election | 19 |
in which it received less than five per cent of that vote, a | 20 |
petition signed by qualified electors equal in number to at least | 21 |
one per cent of the total vote for governor or nominees for | 22 |
presidential electors at the most recent election, declaring their | 23 |
intention of organizing a political party, the name of which shall | 24 |
be stated in the declaration, and of participating in the | 25 |
succeeding primary election, held in even-numbered years, that | 26 |
occurs more than one hundred twenty days after the date of filing. | 27 |
No such group of electors shall assume a name or designation that | 28 |
is similar, in the opinion of the secretary of state, to that of | 29 |
an existing political party as to confuse or mislead the voters at | 30 |
an election. If any political party fails to cast five per cent of | 31 |
the total vote cast at an election for the office of governor or | 32 |
president, it shall cease to be a political party. | 33 |
(3) "Candidate" has the same meaning as in division (H) of | 46 |
section 3501.01 of the Revised Code and also includes any person | 47 |
who, at any time before or after an election, receives | 48 |
contributions or makes expenditures or other use of contributions, | 49 |
has given consent for another to receive contributions or make | 50 |
expenditures or other use of contributions, or appoints a campaign | 51 |
treasurer, for the purpose of bringing about the person's | 52 |
nomination or election to public office. When two persons jointly | 53 |
seek the offices of governor and lieutenant governor, "candidate" | 54 |
means the pair of candidates jointly. "Candidate" does not include | 55 |
candidates for election to the offices of member of a county or | 56 |
state central committee, presidential elector, and delegate to a | 57 |
national convention or conference of a political party. | 58 |
(4) "Continuing association" means an association, other than | 59 |
a campaign committee, political party, legislative campaign fund, | 60 |
political contributing entity, or labor organization, that is | 61 |
intended to be a permanent organization that has a primary purpose | 62 |
other than supporting or opposing specific candidates, political | 63 |
parties, or ballot issues, and that functions on a regular basis | 64 |
throughout the year. "Continuing association" includes | 65 |
organizations that are determined to be not organized for profit | 66 |
under subsection 501 and that are described in subsection | 67 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 68 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 69 |
of indebtedness, donation, advance, payment, or transfer of funds | 70 |
or anything of value, including a transfer of funds from an inter | 71 |
vivos or testamentary trust or decedent's estate, and the payment | 72 |
by any person other than the person to whom the services are | 73 |
rendered for the personal services of another person, which | 74 |
contribution is made, received, or used for the purpose of | 75 |
influencing the results of an election. Any loan, gift, deposit, | 76 |
forgiveness of indebtedness, donation, advance, payment, or | 77 |
transfer of funds or of anything of value, including a transfer of | 78 |
funds from an inter vivos or testamentary trust or decedent's | 79 |
estate, and the payment by any campaign committee, political | 80 |
action committee, legislative campaign fund, political party, | 81 |
political contributing entity, or person other than the person to | 82 |
whom the services are rendered for the personal services of | 83 |
another person, that is made, received, or used by a state or | 84 |
county political party, other than moneys a state or county | 85 |
political party receives from the Ohio political party fund | 86 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 87 |
state or county political party may receive under sections | 88 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 89 |
considered to be a "contribution" for the purpose of section | 90 |
3517.10 of the Revised Code and shall be included on a statement | 91 |
of contributions filed under that section. | 92 |
(6) "Expenditure" means the disbursement or use of a | 113 |
contribution for the purpose of influencing the results of an | 114 |
election or of making a charitable donation under division (G) of | 115 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 116 |
contribution by a state or county political party is an | 117 |
expenditure and shall be considered either to be made for the | 118 |
purpose of influencing the results of an election or to be made as | 119 |
a charitable donation under division (G) of section 3517.08 of the | 120 |
Revised Code and shall be reported on a statement of expenditures | 121 |
filed under section 3517.10 of the Revised Code. During the thirty | 122 |
days preceding a primary or general election, any disbursement to | 123 |
pay the direct costs of producing or airing a broadcast, cable, or | 124 |
satellite communication that refers to a clearly identified | 125 |
candidate shall be considered to be made for the purpose of | 126 |
influencing the results of that election and shall be reported as | 127 |
an expenditure or as an independent expenditure under section | 128 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 129 |
that the information required to be reported regarding | 130 |
contributors for those expenditures or independent expenditures | 131 |
shall be the same as the information required to be reported under | 132 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 133 |
(8) "Political action committee" means a combination of two | 140 |
or more persons, the primary or major purpose of which is to | 141 |
support or oppose any candidate, political party, or issue, or to | 142 |
influence the result of any election through express advocacy, and | 143 |
that is not a political party, a campaign committee, a political | 144 |
contributing entity, or a legislative campaign fund. "Political | 145 |
action committee" does not include either of the following: | 146 |
(16) "In-kind contribution" means anything of value other | 177 |
than money that is used to influence the results of an election or | 178 |
is transferred to or used in support of or in opposition to a | 179 |
candidate, campaign committee, legislative campaign fund, | 180 |
political party, political action committee, or political | 181 |
contributing entity and that is made with the consent of, in | 182 |
coordination, cooperation, or consultation with, or at the request | 183 |
or suggestion of the benefited candidate, committee, fund, party, | 184 |
or entity. The financing of the dissemination, distribution, or | 185 |
republication, in whole or part, of any broadcast or of any | 186 |
written, graphic, or other form of campaign materials prepared by | 187 |
the candidate, the candidate's campaign committee, or their | 188 |
authorized agents is an in-kind contribution to the candidate and | 189 |
an expenditure by the candidate. | 190 |
(17) "Independent expenditure" means an expenditure by a | 191 |
person advocating the election or defeat of an identified | 192 |
candidate or candidates, that is not made with the consent of, in | 193 |
coordination, cooperation, or consultation with, or at the request | 194 |
or suggestion of any candidate or candidates or of the campaign | 195 |
committee or agent of the candidate or candidates. As used in | 196 |
division (B)(17) of this section: | 197 |
(a) "Person" means an individual, partnership, unincorporated | 198 |
business organization or association, political action committee, | 199 |
political contributing entity, separate segregated fund, | 200 |
association, corporation, labor organization, or other | 201 |
organization or group of persons, but not a labor organization or | 202 |
a corporation unless the labor organization or corporation is a | 203 |
political contributing entity. | 204 |
(d) "Made in coordination, cooperation, or consultation with, | 211 |
or at the request or suggestion of, any candidate or the campaign | 212 |
committee or agent of the candidate" means made pursuant to any | 213 |
arrangement, coordination, or direction by the candidate, the | 214 |
candidate's campaign committee, or the candidate's agent prior to | 215 |
the publication, distribution, display, or broadcast of the | 216 |
communication. An expenditure is presumed to be so made when it is | 217 |
any of the following: | 218 |
(ii) Made by or through any person who is, or has been, | 223 |
authorized to raise or expend funds, who is, or has been, an | 224 |
officer of the candidate's campaign committee, or who is, or has | 225 |
been, receiving any form of compensation or reimbursement from the | 226 |
candidate or the candidate's campaign committee or agent; | 227 |
(e) "Agent" means any person who has actual oral or written | 232 |
authority, either express or implied, to make or to authorize the | 233 |
making of expenditures on behalf of a candidate, or means any | 234 |
person who has been placed in a position with the candidate's | 235 |
campaign committee or organization such that it would reasonably | 236 |
appear that in the ordinary course of campaign-related activities | 237 |
the person may authorize expenditures. | 238 |
(18) "Labor organization" means a labor union; an employee | 239 |
organization; a federation of labor unions, groups, locals, or | 240 |
other employee organizations; an auxiliary of a labor union, | 241 |
employee organization, or federation of labor unions, groups, | 242 |
locals, or other employee organizations; or any other bona fide | 243 |
organization in which employees participate and that exists for | 244 |
the purpose, in whole or in part, of dealing with employers | 245 |
concerning grievances, labor disputes, wages, hours, and other | 246 |
terms and conditions of employment. | 247 |
(25) "Political contributing entity" means any entity, | 265 |
including a corporation or labor organization, that may lawfully | 266 |
make contributions and expenditures and that is not an individual | 267 |
or a political action committee, continuing association, campaign | 268 |
committee, political party, legislative campaign fund, designated | 269 |
state campaign committee, or state candidate fund. For purposes of | 270 |
this division, "lawfully" means not prohibited by any section of | 271 |
the Revised Code, or authorized by a final judgment of a court of | 272 |
competent jurisdiction. | 273 |
Sec. 3517.105. (A)(1) As used in this section, "public | 274 |
political advertising" means advertising to the general public | 275 |
through a broadcasting station, newspaper, magazine, poster, yard | 276 |
sign, or outdoor advertising facility, by direct mail, or by any | 277 |
other means of advertising to the general public. | 278 |
(2) For purposes of this section and section 3517.20 of the | 279 |
Revised Code, a person is a member of a political action committee | 280 |
if the person makes one or more contributions to that political | 281 |
action committee, and a person is a member of a political | 282 |
contributing entity if the person makes one or more contributions | 283 |
to, or pays dues, membership fees, or other assessments to, that | 284 |
political contributing entity. | 285 |
(B)(1) Whenever a candidate, a campaign committee, a | 286 |
political action committee or political contributing entity with | 287 |
ten or more members, a corporation, a labor organization, or a | 288 |
legislative campaign fund makes an independent expenditure, or | 289 |
whenever a political action committee or political contributing | 290 |
entity with fewer than ten members makes an independent | 291 |
expenditure in excess of one hundred dollars for a local | 292 |
candidate, in excess of two hundred fifty dollars for a candidate | 293 |
for the office of member of the general assembly, or in excess of | 294 |
five hundred dollars for a statewide candidate, for the purpose of | 295 |
financing communications advocating the election or defeat of an | 296 |
identified candidate or solicits without the candidate's express | 297 |
consent a contribution for or against an identified candidate | 298 |
through public political advertising, a statement shall appear or | 299 |
be presented in a clear and conspicuous manner in the advertising | 300 |
that does both of the following: | 301 |
(2)(a) Whenever any campaign committee, legislative campaign | 310 |
fund, political action committee, political contributing entity, | 311 |
or political party makes an independent expenditure in support of | 312 |
or opposition to any candidate, the committee, entity, fund, or | 313 |
party shall report the independent expenditure and identify the | 314 |
candidate on a statement prescribed by the secretary of state and | 315 |
filed by the committee, entity, fund, or party as part of its | 316 |
statement of contributions and expenditures pursuant to division | 317 |
(A) of section 3517.10 and division (A) of section 3517.11 of the | 318 |
Revised Code. | 319 |
(b) Whenever any individual, partnership, corporation, labor | 320 |
organization, or other entity, except a corporation, labor | 321 |
organization, campaign committee, legislative campaign fund, | 322 |
political action committee, political contributing entity, or | 323 |
political party, makes one or more independent expenditures in | 324 |
support of or opposition to any candidate, the individual, | 325 |
partnership, corporation, labor organization, or other entity | 326 |
shall file with the secretary of state in the case of a statewide | 327 |
candidate, or with the board of elections in the county in which | 328 |
the candidate files the candidate's petitions for nomination or | 329 |
election for district or local office, not later than the dates | 330 |
specified in divisions (A)(1), (2), (3), and (4) of section | 331 |
3517.10 of the Revised Code, and, except as otherwise provided in | 332 |
that section, a statement itemizing all independent expenditures | 333 |
made during the period since the close of business on the last day | 334 |
reflected in the last previously filed such statement, if any. The | 335 |
statements shall be filed not later than the dates specified in | 336 |
divisions (A)(1), (2), (3), and (4) of section 3517.10 of the | 337 |
Revised Code, except that a corporation or labor organization | 338 |
required to file statements under this division shall file those | 339 |
statements on a weekly basis during the ninety days preceding the | 340 |
date of a primary or general election. The statement shall be made | 341 |
on a form prescribed by the secretary of state or shall be filed | 342 |
by electronic means of transmission pursuant to division (G) of | 343 |
section 3517.106 of the Revised Code as authorized or required by | 344 |
that division. The statement shall indicate the date and the | 345 |
amount of each independent expenditure and the candidate on whose | 346 |
behalf it was made and shall be made under penalty of election | 347 |
falsification. | 348 |
If a corporation or labor organization files a statement | 349 |
under this division, the statement also shall identify the source | 350 |
of any amounts the corporation or labor organization received | 351 |
during the period since the close of business on the last day | 352 |
reflected in the last previously filed such statement that, in the | 353 |
aggregate, exceed five thousand dollars and that were not received | 354 |
in the ordinary course of business and were not received in | 355 |
exchange for goods and services provided by the corporation or | 356 |
labor organization. | 357 |
(C)(1) Whenever a corporation, labor organization, campaign | 358 |
committee, political action committee with ten or more members, or | 359 |
legislative campaign fund makes an independent expenditure, or | 360 |
whenever a political action committee with fewer than ten members | 361 |
makes an independent expenditure in excess of one hundred dollars | 362 |
for a local ballot issue or question, or in excess of five hundred | 363 |
dollars for a statewide ballot issue or question, for the purpose | 364 |
of financing communications advocating support of or opposition to | 365 |
an identified ballot issue or question or solicits without the | 366 |
express consent of the ballot issue committee a contribution for | 367 |
or against an identified ballot issue or question through public | 368 |
political advertising, a statement shall appear or be presented in | 369 |
a clear and conspicuous manner in the advertising that does both | 370 |
of the following: | 371 |
(2)(a) Whenever any corporation, labor organization, campaign | 380 |
committee, legislative campaign fund, political party, or | 381 |
political action committee makes an independent expenditure in | 382 |
support of or opposition to any ballot issue or question, the | 383 |
corporation or labor organization shall report the independent | 384 |
expenditure in accordance with division (C) of section 3599.03 of | 385 |
the Revised Code, and the campaign committee, legislative campaign | 386 |
fund, political party, or political action committee shall report | 387 |
the independent expenditure and identify the ballot issue or | 388 |
question on a statement prescribed by the secretary of state and | 389 |
filed by the committee, fund, or party as part of its statement of | 390 |
contributions and expenditures pursuant to division (A) of section | 391 |
3517.10 and division (A) of section 3517.11 of the Revised Code. | 392 |
(b) Whenever any individual, partnership, or other entity, | 393 |
except a corporation, labor organization, campaign committee, | 394 |
legislative campaign fund, political action committee, or | 395 |
political party, makes one or more independent expenditures in | 396 |
excess of one hundred dollars in support of or opposition to any | 397 |
ballot issue or question, the individual, partnership, or other | 398 |
entity shall file with the secretary of state in the case of a | 399 |
statewide ballot issue or question, or with the board of elections | 400 |
in the county that certifies the issue or question for placement | 401 |
on the ballot in the case of a district or local issue or | 402 |
question, not later than the dates specified in divisions (A)(1), | 403 |
(2), (3), and (4) of section 3517.10 of the Revised Code, and, | 404 |
except as otherwise provided in that section, a statement | 405 |
itemizing all independent expenditures made during the period | 406 |
since the close of business on the last day reflected in the last | 407 |
previously filed such statement, if any. The statement shall be | 408 |
made on a form prescribed by the secretary of state or shall be | 409 |
filed by electronic means of transmission pursuant to division (G) | 410 |
of section 3517.106 of the Revised Code as authorized or required | 411 |
by that division. The statement shall indicate the date and the | 412 |
amount of each independent expenditure and the ballot issue or | 413 |
question in support of or opposition to which it was made and | 414 |
shall be made under penalty of election falsification. | 415 |
(3) No person, campaign committee, legislative campaign fund, | 416 |
political action committee, corporation, labor organization, or | 417 |
other organization or association shall use or cause to be used a | 418 |
false or fictitious name in making an independent expenditure in | 419 |
support of or opposition to any candidate or any ballot issue or | 420 |
question. A name is false or fictitious if the person, campaign | 421 |
committee, legislative campaign fund, political action committee, | 422 |
corporation, labor organization, or other organization or | 423 |
association does not actually exist or operate, if the | 424 |
corporation, labor organization, or other organization or | 425 |
association has failed to file a fictitious name or other | 426 |
registration with the secretary of state, if it is required to do | 427 |
so, or if the person, campaign committee, legislative campaign | 428 |
fund, or political action committee has failed to file a | 429 |
designation of the appointment of a treasurer, if it is required | 430 |
to do so by division (D)(1) of section 3517.10 of the Revised | 431 |
Code. | 432 |
(4) "Contribution" means any loan, gift, deposit, forgiveness | 446 |
of indebtedness, donation, advance, payment, or transfer of funds | 447 |
or of anything of value, including a transfer of funds from an | 448 |
inter vivos or testamentary trust or decedent's estate, and the | 449 |
payment by any person other than the person to whom the services | 450 |
are rendered for the personal services of another person, that is | 451 |
made, received, or used to pay the direct costs of producing or | 452 |
airing electioneering communications. | 453 |
(5)(a) "Coordinated electioneering communication" means any | 454 |
electioneering communication that is made pursuant to any | 455 |
arrangement, coordination, or direction by a candidate or a | 456 |
candidate's campaign committee, by an officer, agent, employee, or | 457 |
consultant of a candidate or a candidate's campaign committee, or | 458 |
by a former officer, former agent, former employee, or former | 459 |
consultant of a candidate or a candidate's campaign committee | 460 |
prior to the airing, broadcasting, or cablecasting of the | 461 |
communication. An electioneering communication is presumed to be a | 462 |
"coordinated electioneering communication" when it is either of | 463 |
the following: | 464 |
(i) Based on information about a candidate's plans, projects, | 465 |
or needs provided to the person making the disbursement by the | 466 |
candidate or the candidate's campaign committee, by an officer, | 467 |
agent, employee, or consultant of the candidate or the candidate's | 468 |
campaign committee, or by a former officer, former agent, former | 469 |
employee, or former consultant of the candidate or the candidate's | 470 |
campaign committee, with a view toward having the communication | 471 |
made; | 472 |
(ii) Made by or through any person who is, or has been, | 473 |
authorized to raise or expend funds on behalf of a candidate or | 474 |
the candidate's campaign committee, who is, or has been, an | 475 |
officer, agent, employee, or consultant of the candidate or of the | 476 |
candidate's campaign committee, or who is, or has been, receiving | 477 |
any form of compensation or reimbursement from the candidate or | 478 |
the candidate's campaign committee or from an officer, agent, | 479 |
employee, or consultant of the candidate or of the candidate's | 480 |
campaign committee. | 481 |
(i) A communication that is publicly disseminated through a | 518 |
means of communication other than a broadcast, cable, or satellite | 519 |
television or radio station. For example, "electioneering | 520 |
communication" does not include communications appearing in print | 521 |
media, including a newspaper or magazine, handbill, brochure, | 522 |
bumper sticker, yard sign, poster, billboard, and other written | 523 |
materials, including mailings; communications over the internet, | 524 |
including electronic mail; or telephone communications. | 525 |
(ii) A communication that appears in a news story, | 526 |
commentary, public service announcement, bona fide news | 527 |
programming, or editorial distributed through the facilities of | 528 |
any broadcast, cable, or satellite television or radio station, | 529 |
unless those facilities are owned or controlled by any political | 530 |
party, political committee, or candidate; | 531 |
(13) "Refers to a clearly identified candidate" means that | 564 |
the candidate's name, nickname, photograph, or drawing appears, or | 565 |
the identity of the candidate is otherwise apparent through an | 566 |
unambiguous reference to the person such as "the chief justice," | 567 |
"the governor," "member of the Ohio senate," "member of the Ohio | 568 |
house of representatives," "county auditor," "mayor," or "township | 569 |
trustee" or through an unambiguous reference to the person's | 570 |
status as a candidate. | 571 |
(e) If the disbursements were paid out of a segregated bank | 602 |
account that consists of funds contributed solely by individuals | 603 |
who are United States citizens or nationals or lawfully admitted | 604 |
for permanent residence as defined in section 101(a)(20) of the | 605 |
Immigration and Nationality Act directly to the account for | 606 |
electioneering communications, the information specified in | 607 |
division (D)(2) of this section for all contributors who | 608 |
contributed an aggregate amount of two hundred dollars or more to | 609 |
the segregated bank account and whose contributions were used for | 610 |
making the disbursement or disbursements required to be reported | 611 |
under division (D) of this section during the period covered by | 612 |
the statement. Nothing in this division prohibits or shall be | 613 |
construed to prohibit the use of funds in such a segregated bank | 614 |
account for a purpose other than electioneering communications. | 615 |
(f) If the disbursements were paid out of funds not described | 616 |
in division (D)(1)(e) of this section, the information specified | 617 |
in division (D)(2) of this section for all contributors who | 618 |
contributed an aggregate amount of two hundred dollars or more to | 619 |
the person making the disbursement and whose contributions were | 620 |
used for making the disbursement or disbursements required to be | 621 |
reported under division (D) of this section during the period | 622 |
covered by the statement. | 623 |
(iii) If the contribution is transmitted pursuant to section | 638 |
3599.031 of the Revised Code from amounts deducted from the wages | 639 |
and salaries of two or more employees that exceed in the aggregate | 640 |
one hundred dollars during the period specified in division | 641 |
(D)(1)(e) or (f) of this section, as applicable, the full name of | 642 |
the employees' employer and the full name of the labor | 643 |
organization of which the employees are members, if any. | 644 |
(3) Subject to the secretary of state having implemented, | 647 |
tested, and verified the successful operation of any system the | 648 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 649 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 | 650 |
of the Revised Code for the filing of campaign finance statements | 651 |
by electronic means of transmission, a person shall file the | 652 |
disclosure of electioneering communications statement prescribed | 653 |
under divisions (D)(1) and (2) of this section by electronic means | 654 |
of transmission to the office of the secretary of state. | 655 |
If a filed disclosure of electioneering communications | 662 |
statement is found to be incomplete or inaccurate after its | 663 |
examination for completeness and accuracy pursuant to division | 664 |
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall | 665 |
file by electronic means of transmission to the office of the | 666 |
secretary of state any addendum, amendment, or other correction to | 667 |
the statement that provides the information necessary to complete | 668 |
or correct the statement or, if required by the secretary of state | 669 |
under that division, an amended statement. | 670 |
Within five business days after the secretary of state | 671 |
receives an addendum, amendment, or other correction to a | 672 |
disclosure of electioneering communications statement or an | 673 |
amended statement by electronic means of transmission under this | 674 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 675 |
Code, the secretary of state shall make the contribution and | 676 |
disbursement information in the addendum, amendment, or other | 677 |
correction to the statement or amended statement available online | 678 |
to the public through the internet as provided in division (I) of | 679 |
section 3517.106 of the Revised Code. | 680 |
(2) Any individual who makes a contribution or contributions | 686 |
aggregating two hundred dollars or more for the purpose of funding | 687 |
the direct costs of producing or airing an electioneering | 688 |
communication under this section shall provide the name of the | 689 |
individual's current employer, if any, or, if the individual is | 690 |
self-employed, the individual's occupation and the name of the | 691 |
individual's business, if any, to the recipient of the | 692 |
contribution at the time the contribution is made. | 693 |
(H) No person within this state, publishing a newspaper or | 761 |
other periodical, shall charge a campaign committee for political | 762 |
advertising a rate in excess of the rate such person would charge | 763 |
if the campaign committee were a general rate advertiser whose | 764 |
advertising was directed to promoting its business within the same | 765 |
area as that encompassed by the particular office that the | 766 |
candidate of the campaign committee is seeking. The rate shall | 767 |
take into account the amount of space used, as well as the type of | 768 |
advertising copy submitted by or on behalf of the campaign | 769 |
committee. All discount privileges otherwise offered by a | 770 |
newspaper or periodical to general rate advertisers shall be | 771 |
available upon equal terms to all campaign committees. | 772 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 783 |
section, no agency or department of this state or any political | 784 |
subdivision shall award any contract, other than one let by | 785 |
competitive bidding or a contract incidental to such contract or | 786 |
which is by force account, for the purchase of goods costing more | 787 |
than five hundred dollars or services costing more than five | 788 |
hundred dollars to any individual, partnership, association, | 789 |
including, without limitation, a professional association | 790 |
organized under Chapter 1785. of the Revised Code, estate, or | 791 |
trust if the individual has made or the individual's spouse has | 792 |
made, or any partner, shareholder, administrator, executor, or | 793 |
trustee or the spouse of any of them has made, as an individual, | 794 |
within the two previous calendar years, one or more contributions | 795 |
totaling in excess of one thousand dollars to the holder of the | 796 |
public office having ultimate responsibility for the award of the | 797 |
contract or to the public officer's campaign committee. | 798 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 799 |
section, no agency or department of this state or any political | 800 |
subdivision shall award any contract, other than one let by | 801 |
competitive bidding or a contract incidental to such contract or | 802 |
which is by force account, for the purchase of goods costing more | 803 |
than five hundred dollars or services costing more than five | 804 |
hundred dollars to a corporation or business trust, except a | 805 |
professional association organized under Chapter 1785. of the | 806 |
Revised Code, if an owner of more than twenty per cent of the | 807 |
corporation or business trust or the spouse of that person has | 808 |
made, as an individual, within the two previous calendar years, | 809 |
taking into consideration only owners for all of that period, one | 810 |
or more contributions totaling in excess of one thousand dollars | 811 |
to the holder of a public office having ultimate responsibility | 812 |
for the award of the contract or to the public officer's campaign | 813 |
committee. | 814 |
(K) For purposes of divisions (I) and (J) of this section, if | 815 |
a public officer who is responsible for the award of a contract is | 816 |
appointed by the governor, whether or not the appointment is | 817 |
subject to the advice and consent of the senate, excluding members | 818 |
of boards, commissions, committees, authorities, councils, boards | 819 |
of trustees, task forces, and other such entities appointed by the | 820 |
governor, the office of the governor is considered to have | 821 |
ultimate responsibility for the award of the contract. | 822 |
(L) For purposes of divisions (I) and (J) of this section, if | 823 |
a public officer who is responsible for the award of a contract is | 824 |
appointed by the elected chief executive officer of a municipal | 825 |
corporation, or appointed by the elected chief executive officer | 826 |
of a county operating under an alternative form of county | 827 |
government or county charter, excluding members of boards, | 828 |
commissions, committees, authorities, councils, boards of | 829 |
trustees, task forces, and other such entities appointed by the | 830 |
chief executive officer, the office of the chief executive officer | 831 |
is considered to have ultimate responsibility for the award of the | 832 |
contract. | 833 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 834 |
contracts awarded by the board of commissioners of the sinking | 835 |
fund, municipal legislative authorities, boards of education, | 836 |
boards of county commissioners, boards of township trustees, or | 837 |
other boards, commissions, committees, authorities, councils, | 838 |
boards of trustees, task forces, and other such entities created | 839 |
by law, by the supreme court or courts of appeals, by county | 840 |
courts consisting of more than one judge, courts of common pleas | 841 |
consisting of more than one judge, or municipal courts consisting | 842 |
of more than one judge, or by a division of any court if the | 843 |
division consists of more than one judge. This division shall | 844 |
apply to the specified entity only if the members of the entity | 845 |
act collectively in the award of a contract for goods or services. | 846 |
(N)(1) Divisions (I) and (J) of this section apply to | 849 |
contributions made to the holder of a public office having | 850 |
ultimate responsibility for the award of a contract, or to the | 851 |
public officer's campaign committee, during the time the person | 852 |
holds the office and during any time such person was a candidate | 853 |
for the office. Those divisions do not apply to contributions made | 854 |
to, or to the campaign committee of, a candidate for or holder of | 855 |
the office other than the holder of the office at the time of the | 856 |
award of the contract. | 857 |
(2) Divisions (I) and (J) of this section do not apply to | 858 |
contributions of a partner, shareholder, administrator, executor, | 859 |
trustee, or owner of more than twenty per cent of a corporation or | 860 |
business trust made before the person held any of those positions | 861 |
or after the person ceased to hold any of those positions in the | 862 |
partnership, association, estate, trust, corporation, or business | 863 |
trust whose eligibility to be awarded a contract is being | 864 |
determined, nor to contributions of the person's spouse made | 865 |
before the person held any of those positions, after the person | 866 |
ceased to hold any of those positions, before the two were | 867 |
married, after the granting of a decree of divorce, dissolution of | 868 |
marriage, or annulment, or after the granting of an order in an | 869 |
action brought solely for legal separation. Those divisions do not | 870 |
apply to contributions of the spouse of an individual whose | 871 |
eligibility to be awarded a contract is being determined made | 872 |
before the two were married, after the granting of a decree of | 873 |
divorce, dissolution of marriage, or annulment, or after the | 874 |
granting of an order in an action brought solely for legal | 875 |
separation. | 876 |
(O) No beneficiary of a campaign fund or other person shall | 877 |
convert for personal use, and no person shall knowingly give to a | 878 |
beneficiary of a campaign fund or any other person, for the | 879 |
beneficiary's or any other person's personal use, anything of | 880 |
value from the beneficiary's campaign fund, including, without | 881 |
limitation, payments to a beneficiary for services the beneficiary | 882 |
personally performs, except as reimbursement for any of the | 883 |
following: | 884 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 911 |
and no person shall knowingly give to the beneficiary of a | 912 |
campaign fund, reimbursement for an expense under division (O) of | 913 |
this section to the extent that the expense previously was | 914 |
reimbursed or paid from another source of funds. If an expense is | 915 |
reimbursed under division (O) of this section and is later paid or | 916 |
reimbursed, wholly or in part, from another source of funds, the | 917 |
beneficiary shall repay the reimbursement received under division | 918 |
(O) of this section to the extent of the payment made or | 919 |
reimbursement received from the other source. | 920 |
(Q) No candidate or public official or employee shall accept | 921 |
for personal or business use anything of value from a political | 922 |
party, political action committee, political contributing entity, | 923 |
legislative campaign fund, or campaign committee other than the | 924 |
candidate's or public official's or employee's own campaign | 925 |
committee, and no person shall knowingly give to a candidate or | 926 |
public official or employee anything of value from a political | 927 |
party, political action committee, political contributing entity, | 928 |
legislative campaign fund, or such a campaign committee, except | 929 |
for the following: | 930 |
(1) Reimbursement for legitimate and verifiable ordinary and | 931 |
necessary prior expenses not otherwise prohibited by law incurred | 932 |
by the candidate or public official or employee while engaged in | 933 |
any legitimate activity of the political party, political action | 934 |
committee, political contributing entity, legislative campaign | 935 |
fund, or such campaign committee. Without limitation, reimbursable | 936 |
expenses under this division include those incurred while doing | 937 |
any of the following: | 938 |
(2) Compensation not otherwise prohibited by law for actual | 945 |
and valuable personal services rendered under a written contract | 946 |
to the political party, political action committee, political | 947 |
contributing entity, legislative campaign fund, or such campaign | 948 |
committee for any legitimate activity of the political party, | 949 |
political action committee, political contributing entity, | 950 |
legislative campaign fund, or such campaign committee. | 951 |
Reimbursable expenses under this division do not include, and | 952 |
it is a violation of this division for a candidate or public | 953 |
official or employee to accept, or for any person to knowingly | 954 |
give to a candidate or public official or employee from a | 955 |
political party, political action committee, political | 956 |
contributing entity, legislative campaign fund, or campaign | 957 |
committee other than the candidate's or public official's or | 958 |
employee's own campaign committee, anything of value for | 959 |
activities primarily related to the candidate's or public | 960 |
official's or employee's own campaign for election, except for | 961 |
contributions to the candidate's or public official's or | 962 |
employee's campaign committee. | 963 |
(W)(1) No foreign national shall, directly or indirectly | 1027 |
through any other person or entity, make a contribution, | 1028 |
expenditure, or independent expenditure or promise, either | 1029 |
expressly or implicitly, to make a contribution, expenditure, or | 1030 |
independent expenditure in support of or opposition to a candidate | 1031 |
for any elective office in this state, including an office of a | 1032 |
political party. | 1033 |
(2) No candidate, campaign committee, political action | 1034 |
committee, political contributing entity, legislative campaign | 1035 |
fund, state candidate fund, political party, or separate | 1036 |
segregated fund shall solicit or accept a contribution, | 1037 |
expenditure, or independent expenditure from a foreign national. | 1038 |
The secretary of state may direct any candidate, committee, | 1039 |
entity, fund, or party that accepts a contribution, expenditure, | 1040 |
or independent expenditure in violation of this division to return | 1041 |
the contribution, expenditure, or independent expenditure or, if | 1042 |
it is not possible to return the contribution, expenditure, or | 1043 |
independent expenditure, then to return instead the value of it, | 1044 |
to the contributor. | 1045 |
(Y) The administrator of workers' compensation and the | 1073 |
employees of the bureau of workers' compensation shall not conduct | 1074 |
any business with or award any contract, other than one awarded by | 1075 |
competitive bidding, for the purchase of goods costing more than | 1076 |
five hundred dollars or services costing more than five hundred | 1077 |
dollars to any individual, partnership, association, including, | 1078 |
without limitation, a professional association organized under | 1079 |
Chapter 1785. of the Revised Code, estate, or trust, if the | 1080 |
individual has made, or the individual's spouse has made, or any | 1081 |
partner, shareholder, administrator, executor, or trustee, or the | 1082 |
spouses of any of those individuals has made, as an individual, | 1083 |
within the two previous calendar years, one or more contributions | 1084 |
totaling in excess of one thousand dollars to the campaign | 1085 |
committee of the governor or lieutenant governor or to the | 1086 |
campaign committee of any candidate for the office of governor or | 1087 |
lieutenant governor. | 1088 |
(Z) The administrator of workers' compensation and the | 1089 |
employees of the bureau of workers' compensation shall not conduct | 1090 |
business with or award any contract, other than one awarded by | 1091 |
competitive bidding, for the purchase of goods costing more than | 1092 |
five hundred dollars or services costing more than five hundred | 1093 |
dollars to a corporation or business trust, except a professional | 1094 |
association organized under Chapter 1785. of the Revised Code, if | 1095 |
an owner of more than twenty per cent of the corporation or | 1096 |
business trust, or the spouse of the owner, has made, as an | 1097 |
individual, within the two previous calendar years, taking into | 1098 |
consideration only owners for all of such period, one or more | 1099 |
contributions totaling in excess of one thousand dollars to the | 1100 |
campaign committee of the governor or lieutenant governor or to | 1101 |
the campaign committee of any candidate for the office of governor | 1102 |
or lieutenant governor. | 1103 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 1184 |
of this section, no violation of division (B) of section 3517.102 | 1185 |
of the Revised Code occurs, and the secretary of state shall not | 1186 |
refer parties to the Ohio elections commission, if the amount | 1187 |
transferred or contributed in excess of the amount permitted by | 1188 |
that division meets either of the following conditions: | 1189 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 1223 |
this section, no violation of division (C) of section 3517.102 of | 1224 |
the Revised Code occurs, and the secretary of state shall not | 1225 |
refer parties to the Ohio elections commission, if the amount | 1226 |
transferred or contributed in excess of the amount permitted to be | 1227 |
accepted by that division meets either of the following | 1228 |
conditions: | 1229 |
(Y) Any campaign committee that fails to dispose of excess | 1312 |
funds or excess aggregate contributions under division (B) of | 1313 |
section 3517.109 of the Revised Code in the manner required by | 1314 |
division (C) of that section or under division (B) of section | 1315 |
3517.1010 of the Revised Code in the manner required by division | 1316 |
(C) of that section shall give to the treasurer of state for | 1317 |
deposit into the Ohio elections commission fund created under | 1318 |
division (I) of section 3517.152 of the Revised Code all funds not | 1319 |
disposed of pursuant to those divisions. | 1320 |
(Z) Any individual, campaign committee, political action | 1321 |
committee, political contributing entity, legislative campaign | 1322 |
fund, political party, or other entity that violates any provision | 1323 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 1324 |
penalty is provided for under any other division of this section | 1325 |
shall be fined not more than one thousand dollars. | 1326 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 1364 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 1365 |
3517.1012, division (B) of section 3517.1013, and section 3599.031 | 1366 |
of the Revised Code and except as provided in divisions (D), (E), | 1367 |
and (F) of this section, noNo corporation, no nonprofit | 1368 |
corporation, and no labor organization, directly or indirectly, | 1369 |
shall pay or use, or offer, advise, consent, or agree to pay or | 1370 |
use, the corporation's money or property, or the labor | 1371 |
organization's money, including dues, initiation fees, or other | 1372 |
assessments paid by members, or property, for or in aid of or | 1373 |
oppositionto make a contribution to a political party, a | 1374 |
candidate for election or nomination to public office, a political | 1375 |
action committee including a political action committee of the | 1376 |
corporation or labor organization, or a legislative campaign fund, | 1377 |
or any organization that supports or opposes any such candidate, | 1378 |
or for any partisan political purpose, shall violate any law | 1379 |
requiring the filing of an affidavit or statement respecting such | 1380 |
use of those funds, or shall pay or use the corporation's or labor | 1381 |
organization's money for the expenses of a social fund-raising | 1382 |
event for its political action committee if an employee's or labor | 1383 |
organization member's right to attend such an event is predicated | 1384 |
on the employee's or member's contribution to the corporation's or | 1385 |
labor organization's political action committee. | 1386 |
(B)(1) No officer, stockholder, attorney, or agent of a | 1390 |
corporation or nonprofit corporation, no member, including an | 1391 |
officer, attorney, or agent, of a labor organization, and no | 1392 |
candidate, political party official, or other individual shall | 1393 |
knowingly aid, advise, solicit, or receive money or other property | 1394 |
in violation of division (A)(1) of this section. | 1395 |
(3) The use by a corporation or labor organization of its | 1441 |
money or property for communicating information for a purpose | 1442 |
specified in division (A) of this section is not a violation of | 1443 |
that division if it is not a communication made by mass broadcast | 1444 |
such as radio or television or made by advertising in a newspaper | 1445 |
of general circulation but is a communication sent exclusively to | 1446 |
members, employees, officers, or trustees of that labor | 1447 |
organization or shareholders, employees, officers, or directors of | 1448 |
that corporation or to members of the immediate families of any | 1449 |
such individuals or if the communication intended to be so sent | 1450 |
exclusively is unintentionally sent as well to a de minimis number | 1451 |
of other individuals. | 1452 |
(G) In addition to the laws listed in division (A) of section | 1453 |
4117.10 of the Revised Code that prevail over conflicting | 1454 |
agreements between employee organizations and public employers, | 1455 |
this section prevails over any conflicting provisions of | 1456 |
agreements between labor organizations and public employers that | 1457 |
are entered into on or after the effective date of this section | 1458 |
March 31, 2005, pursuant to Chapter 4117. of the Revised Code. | 1459 |
Sec. 5727.61. Every public utility required by law to make | 1462 |
returns, statements, or reports to the tax commissioner under | 1463 |
sections 5727.01 to 5727.62 of the Revised Code shall file | 1464 |
therewith, in such form as the commissioner prescribes, an | 1465 |
affidavit subscribed and sworn to by a person or officer having | 1466 |
knowledge of the facts setting forth that such public utility has | 1467 |
not, during the preceding year, except as permitted by sections | 1468 |
3517.082, 3599.03, and 3599.031under Title XXXV of the Revised | 1469 |
Code, directly or indirectly paid, used or offered, consented, or | 1470 |
agreed to pay or use any of its money or property for or in aid of | 1471 |
or oppositionto make a contribution to a political party, a | 1472 |
candidate for election or nomination to public office, or a | 1473 |
political action committee, or legislative campaign fund, or | 1474 |
organization that supports or opposes any such candidate or in any | 1475 |
manner used any of its money or property for any partisan | 1476 |
political purpose whatever, or for the reimbursement or | 1477 |
indemnification of any person for money or property so used. Such | 1478 |
forms of affidavit as the commissioner prescribes shall be | 1479 |
attached to or made a part of the return, statement, or report | 1480 |
required to be made by such public utility under sections 5727.01 | 1481 |
to 5727.62 of the Revised Code. | 1482 |
Sec. 5733.27. Every corporation required by law to make | 1483 |
returns, statements, or reports to the tax commissioner shall file | 1484 |
therewith, in such form as the commissioner prescribes, an | 1485 |
affidavit subscribed and sworn to by a person or officer having | 1486 |
knowledge of the facts setting forth that such corporation has | 1487 |
not, during the preceding year, except as permitted by sections | 1488 |
3517.082, 3599.03, and 3599.031under Title XXXV of the Revised | 1489 |
Code, directly or indirectly paid, used or offered, consented, or | 1490 |
agreed to pay or use any of its money or property for or in aid of | 1491 |
or oppositionto make a contribution to a political party, a | 1492 |
candidate for election or nomination to public office,
or a | 1493 |
political action committee, or legislative campaign fund, or | 1494 |
organization that supports or opposes any such candidate or in any | 1495 |
manner used any of its money or property for any partisan | 1496 |
political purpose whatever, or for the reimbursement or | 1497 |
indemnification of any person for money or property so used. Such | 1498 |
forms of affidavit as the commissioner prescribes shall be | 1499 |
attached to or made a part of the return, statement, or report | 1500 |
required to be made by such corporation. | 1501 |