As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 240

Senator Husted 

Cosponsors: Senators Grendell, Wagoner, Jones 

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A BILL

To amend sections 3517.01, 3517.105, 3517.1011,

1

3517.13, 3517.992, 3599.03, 5727.61, and 5733.27

2

of the Revised Code to permit domestic

3

corporations and labor organizations to make

4

independent expenditures and electioneering

5

communications in support of or opposition to

6

candidates for nomination or election and to

7

require a domestic corporation or labor

8

organization that makes such expenditures to file

9

related campaign finance statements.

10

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

Section 1. That sections 3517.01, 3517.105, 3517.1011,	11
3517.13, 3517.992, 3599.03, 5727.61, and 5733.27 of the Revised	12
Code be amended to read as follows:	13

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

(2) A campaign committee shall be legally liable for any	34
debts, contracts, or expenditures incurred or executed in its	35
name.	36

(B) Notwithstanding the definitions found in section 3501.01	37
of the Revised Code, as used in this section and sections 3517.08	38
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	39

(1) "Campaign committee" means a candidate or a combination	40
of two or more persons authorized by a candidate under section	41
3517.081 of the Revised Code to receive contributions and make	42
expenditures.	43

(2) "Campaign treasurer" means an individual appointed by a	44
candidate under section 3517.081 of the Revised Code.	45

(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

"Contribution" does not include any of the following:

93

(a) Services provided without compensation by individuals	94
volunteering a portion or all of their time on behalf of a person;	95

(b) Ordinary home hospitality;

96

(c) The personal expenses of a volunteer paid for by that	97
volunteer campaign worker;	98

(d) Any gift given to a state or county political party	99
pursuant to section 3517.101 of the Revised Code. As used in	100
division (B)(5)(d) of this section, "political party" means only a	101
major political party;	102

(e) Any contribution as defined in section 3517.1011 of the	103
Revised Code that is made, received, or used to pay the direct	104
costs of producing or airing an electioneering communication;	105

(f) Any gift given to a state or county political party for	106
the party's restricted fund under division (A)(2) of section	107
3517.1012 of the Revised Code;	108

(g) Any gift given to a state political party for deposit in	109
a Levin account pursuant to section 3517.1013 of the Revised Code.	110
As used in this division, "Levin account" has the same meaning as	111
in that section.	112

(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

As used in this division, "broadcast, cable, or satellite	134
communication" and "refers to a clearly identified candidate" have	135
the same meanings as in section 3517.1011 of the Revised Code.	136

(7) "Personal expenses" includes, but is not limited to,	137
ordinary expenses for accommodations, clothing, food, personal	138
motor vehicle or airplane, and home telephone.	139

(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

(a) A continuing association that makes disbursements for the	147
direct costs of producing or airing electioneering communications	148
and that does not engage in express advocacy;	149

(b) A political club that is formed primarily for social	150
purposes and that consists of one hundred members or less, has	151
officers and periodic meetings, has less than two thousand five	152
hundred dollars in its treasury at all times, and makes an	153
aggregate total contribution of one thousand dollars or less per	154
calendar year.	155

(9) "Public office" means any state, county, municipal,	156
township, or district office, except an office of a political	157
party, that is filled by an election and the offices of United	158
States senator and representative.	159

(10) "Anything of value" has the same meaning as in section	160
1.03 of the Revised Code.	161

(11) "Beneficiary of a campaign fund" means a candidate, a	162
public official or employee for whose benefit a campaign fund	163
exists, and any other person who has ever been a candidate or	164
public official or employee and for whose benefit a campaign fund	165
exists.	166

(12) "Campaign fund" means money or other property, including	167
contributions.	168

(13) "Public official or employee" has the same meaning as in	169
section 102.01 of the Revised Code.	170

(14) "Caucus" means all of the members of the house of	171
representatives or all of the members of the senate of the general	172
assembly who are members of the same political party.	173

(15) "Legislative campaign fund" means a fund that is	174
established as an auxiliary of a state political party and	175
associated with one of the houses of the general assembly.	176

(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

(b) "Advocating" means any communication containing a message	205
advocating election or defeat.	206

(c) "Identified candidate" means that the name of the	207
candidate appears, a photograph or drawing of the candidate	208
appears, or the identity of the candidate is otherwise apparent by	209
unambiguous reference.	210

(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

(i) Based on information about the candidate's plans,	219
projects, or needs provided to the person making the expenditure	220
by the candidate, or by the candidate's campaign committee or	221
agent, with a view toward having an expenditure made;	222

(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

(iii) Except as otherwise provided in division (D) of section	228
3517.105 of the Revised Code, made by a political party in support	229
of a candidate, unless the expenditure is made by a political	230
party to conduct voter registration or voter education efforts.	231

(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

(19) "Separate segregated fund" means a separate segregated	248
fund established pursuant to the Federal Election Campaign Act.	249

(20) "Federal Election Campaign Act" means the "Federal	250
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	251
seq., as amended.	252

(21) "Restricted fund" means the fund a state or county	253
political party must establish under division (A)(1) of section	254
3517.1012 of the Revised Code.	255

(22) "Electioneering communication" has the same meaning as	256
in section 3517.1011 of the Revised Code.	257

(23) "Express advocacy" means a communication that contains	258
express words advocating the nomination, election, or defeat of a	259
candidate or that contains express words advocating the adoption	260
or defeat of a question or issue, as determined by a final	261
judgment of a court of competent jurisdiction.	262

(24) "Political committee" has the same meaning as in section	263
3517.1011 of the Revised Code.	264

(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

(a) Clearly indicates that the communication or public	302
political advertising is not authorized by the candidate or the	303
candidate's campaign committee;	304

(b) Clearly identifies the candidate, campaign committee,	305
political action committee, political contributing entity,	306
corporation, labor organization, or legislative campaign fund that	307
has paid for the communication or public political advertising in	308
accordance with section 3517.20 of the Revised Code.	309

(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

(a) Clearly indicates that the communication or public	372
political advertising is not authorized by the identified ballot	373
issue committee;	374

(b) Clearly identifies the corporation, labor organization,	375
campaign committee, legislative campaign fund, or political action	376
committee that has paid for the communication or public political	377
advertising in accordance with section 3517.20 of the Revised	378
Code.	379

(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

(D) Any expenditure by a political party for the purpose of	433
financing communications advocating the election or defeat of a	434
candidate for judicial office shall be deemed to be an independent	435
expenditure subject to the provisions of this section.	436

Sec. 3517.1011.  (A) As used in this section:

437

(1) "Address" has the same meaning as in section 3517.10 of	438
the Revised Code.	439

(2) "Broadcast, cable, or satellite communication" means a	440
communication that is publicly distributed by a television	441
station, radio station, cable television system, or satellite	442
system.	443

(3) "Candidate" has the same meaning as in section 3501.01 of	444
the Revised Code;.	445

(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

(b) An electioneering communication shall not be presumed to	482
be a "coordinated electioneering communication" under division	483
(A)(5)(a)(ii) of this section if the communication is made through	484
any person who provides a service that does not affect the content	485
of the communication, such as communications placed through the	486
efforts of a media buyer, unless that person also affects the	487
content of the communication.	488

(6) "Disclosure date" means both of the following:

489

(a) The first date during any calendar year by which a person	490
makes disbursements for the direct costs of producing or airing	491
electioneering communications aggregating in excess of ten	492
thousand dollars;	493

(b) The same day of the week of each remaining week in the	494
same calendar year as the day of the week of the initial	495
disclosure date established under division (A)(6)(a) of this	496
section, if, during that remaining week, the person makes	497
disbursements for the direct costs of producing or airing	498
electioneering communications aggregating in excess of one dollar.	499

(7)(a) "Electioneering communication" means any broadcast,	500
cable, or satellite communication that refers to a clearly	501
identified candidate and that is made during either of the	502
following periods of time:	503

(i) If the person becomes a candidate before the day of the	504
primary election at which candidates will be nominated for	505
election to that office, between the date that the person becomes	506
a candidate and the thirtieth day prior to that primary election,	507
and between the date of the primary election and the thirtieth day	508
prior to the general election at which a candidate will be elected	509
to that office;	510

(ii) If the person becomes a candidate after the day of the	511
primary election at which candidates were nominated for election	512
to that office, between the date of the primary election and the	513
thirtieth day prior to the general election at which a candidate	514
will be elected to that office.	515

(b) "Electioneering communication" does not include any of	516
the following:	517

(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

(iii) A communication that constitutes an expenditure or an	532
independent expenditure under section 3517.01 of the Revised Code;	533

(iv) A communication that constitutes a candidate debate or	534
forum or that solely promotes a candidate debate or forum and is	535
made by or on behalf of the person sponsoring the debate or forum.	536

(8) "Filing date" has the same meaning as in section 3517.109	537
of the Revised Code.	538

(9) "Immigration and Nationality Act" means the Immigration	539
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,	540
as amended.	541

(10) "Person" has the same meaning as in section 1.59 of the	542
Revised Code and includes any political organization considered	543
exempt from income taxation under section 527 of the Internal	544
Revenue Code.	545

(11) "Political committee" means any of the following:

546

(a) Any committee, club, association, or other group of	547
persons that receives contributions aggregating in excess of one	548
thousand dollars during a calendar year or that makes expenditures	549
aggregating in excess of one thousand dollars during a calendar	550
year;	551

(b) Any separate segregated fund;

552

(c) Any state, county, or local committee of a political	553
party that does any of the following:	554

(i) Receives contributions aggregating in excess of five	555
thousand dollars during a calendar year;	556

(ii) Makes payments that do not constitute contributions or	557
expenditures aggregating in excess of five thousand dollars during	558
a calendar year;	559

(iii) Makes contributions or expenditures aggregating in	560
excess of one thousand dollars during a calendar year.	561

(12) "Publicly distributed" means aired, broadcast,	562
cablecast, or otherwise disseminated for a fee.	563

(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

(B) For the purposes of this section, a person shall be	572
considered to have made a disbursement if the person has entered	573
into a contract to make the disbursement.	574

(C) Any person intending to make a disbursement or	575
disbursements for the direct costs of producing or airing	576
electioneering communications, prior to making the first	577
disbursement for the direct costs of producing or airing an	578
electioneering communication, shall file a notice with the office	579
of the secretary of state that the person is intending to make	580
such disbursements.	581

(D)(1) Every person that makes a disbursement or	582
disbursements for the direct costs of producing and airing	583
electioneering communications aggregating in excess of ten	584
thousand dollars during any calendar year shall file, within	585
twenty-four hours of each disclosure date, a disclosure of	586
electioneering communications statement containing the following	587
information:	588

(a) The full name and address of the person making the	589
disbursement, of any person sharing or exercising direction or	590
control over the activities of the person making the disbursement,	591
and of the custodian of the books and accounts of the person	592
making the disbursement;	593

(b) The principal place of business of the person making the	594
disbursement, if not an individual;	595

(c) The amount of each disbursement of more than one dollar	596
during the period covered by the statement and the identity of the	597
person to whom the disbursement was made;	598

(d) The nominations or elections to which the electioneering	599
communications pertain and the names, if known, of the candidates	600
identified or to be identified;	601

(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

(2) For each contributor for which information is required to	624
be reported under division (D)(1)(e) or (f) of this section, all	625
of the following shall be reported:	626

(a) The month, day, and year that the contributor made the	627
contribution or contributions aggregating two hundred dollars or	628
more;	629

(b)(i) The full name and address of the contributor, and, if	630
the contributor is a political action committee, the registration	631
number assigned to the political action committee under division	632
(D)(1) of section 3517.10 of the Revised Code;	633

(ii) If the contributor is an individual, the name of the	634
individual's current employer, if any, or, if the individual is	635
self-employed, the individual's occupation and the name of the	636
individual's business, if any;	637

(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

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

645

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

646

(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

Within five business days after the secretary of state	656
receives a disclosure of electioneering communications statement	657
under this division, the secretary of state shall make available	658
online to the public through the internet, as provided in division	659
(I) of section 3517.106 of the Revised Code, the contribution and	660
disbursement information in that statement.	661

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

(E)(1) Any person who makes a contribution for the purpose of	681
funding the direct costs of producing or airing an electioneering	682
communication under this section shall provide the person's full	683
name and address to the recipient of the contribution at the time	684
the contribution is made.	685

(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

(F) In each electioneering communication, a statement shall	694
appear or be presented in a clear and conspicuous manner that does	695
both of the following:	696

(1) Clearly indicates that the electioneering communication	697
is not authorized by the candidate or the candidate's campaign	698
committee;	699

(2) Clearly identifies the person making the disbursement for	700
the electioneering communication in accordance with section	701
3517.20 of the Revised Code.	702

(G) Any coordinated electioneering communication is an	703
in-kind contribution, subject to the applicable contribution	704
limits prescribed in section 3517.102 of the Revised Code, to the	705
candidate by the person making disbursements to pay the direct	706
costs of producing or airing the communication.	707

(H) No person shall make, during the thirty days preceding a	708
primary election or during the thirty days preceding a general	709
election, any broadcast, cable, or satellite communication that	710
refers to a clearly identified candidate using any contributions	711
received from a corporation or labor organization.	712

Sec. 3517.13.  (A)(1) No campaign committee of a statewide	713
candidate shall fail to file a complete and accurate statement	714
required under division (A)(1) of section 3517.10 of the Revised	715
Code.	716

(2) No campaign committee of a statewide candidate shall fail	717
to file a complete and accurate monthly statement, and no campaign	718
committee of a statewide candidate or a candidate for the office	719
of chief justice or justice of the supreme court shall fail to	720
file a complete and accurate two-business-day statement, as	721
required under section 3517.10 of the Revised Code.	722

As used in this division, "statewide candidate" has the same	723
meaning as in division (F)(2) of section 3517.10 of the Revised	724
Code.	725

(B) No campaign committee shall fail to file a complete and	726
accurate statement required under division (A)(1) of section	727
3517.10 of the Revised Code.	728

(C) No campaign committee shall fail to file a complete and	729
accurate statement required under division (A)(2) of section	730
3517.10 of the Revised Code.	731

(D) No campaign committee shall fail to file a complete and	732
accurate statement required under division (A)(3) or (4) of	733
section 3517.10 of the Revised Code.	734

(E) No person other than a campaign committee shall knowingly	735
fail to file a statement required under section 3517.10 or	736
3517.107 of the Revised Code.	737

(F) No person shall make cash contributions to any person	738
totaling more than one hundred dollars in each primary, special,	739
or general election.	740

(G)(1) No person shall knowingly conceal or misrepresent	741
contributions given or received, expenditures made, or any other	742
information required to be reported by a provision in sections	743
3517.08 to 3517.13 and 3517.17 of the Revised Code.	744

(2)(a) No person shall make a contribution to a campaign	745
committee, political action committee, political contributing	746
entity, legislative campaign fund, political party, or person	747
making disbursements to pay the direct costs of producing or	748
airing electioneering communications in the name of another	749
person.	750

(b) A person does not make a contribution in the name of	751
another when either of the following applies:	752

(i) An individual makes a contribution from a partnership or	753
other unincorporated business account, if the contribution is	754
reported by listing both the name of the partnership or other	755
unincorporated business and the name of the partner or owner	756
making the contribution as required under division (I) of section	757
3517.10 of the Revised Code.	758

(ii) A person makes a contribution in that person's spouse's	759
name or in both of their names.	760

(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

No person within this state, operating a radio or television	773
station or network of stations in this state, shall charge a	774
campaign committee for political broadcasts a rate that exceeds:	775

(1) During the forty-five days preceding the date of a	776
primary election and during the sixty days preceding the date of a	777
general or special election in which the candidate of the campaign	778
committee is seeking office, the lowest unit charge of the station	779
for the same class and amount of time for the same period;	780

(2) At any other time, the charges made for comparable use of	781
that station by its other users.	782

(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

(2) Divisions (I) and (J) of this section do not apply to	847
actions of the controlling board.	848

(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

(1) Legitimate and verifiable prior campaign expenses	885
incurred by the beneficiary;	886

(2) Legitimate and verifiable ordinary and necessary prior	887
expenses incurred by the beneficiary in connection with duties as	888
the holder of a public office, including, without limitation,	889
expenses incurred through participation in nonpartisan or	890
bipartisan events if the participation of the holder of a public	891
office would normally be expected;	892

(3) Legitimate and verifiable ordinary and necessary prior	893
expenses incurred by the beneficiary while doing any of the	894
following:	895

(a) Engaging in activities in support of or opposition to a	896
candidate other than the beneficiary, political party, or ballot	897
issue;	898

(b) Raising funds for a political party, political action	899
committee, political contributing entity, legislative campaign	900
fund, campaign committee, or other candidate;	901

(c) Participating in the activities of a political party,	902
political action committee, political contributing entity,	903
legislative campaign fund, or campaign committee;	904

(d) Attending a political party convention or other political	905
meeting.	906

For purposes of this division, an expense is incurred	907
whenever a beneficiary has either made payment or is obligated to	908
make payment, as by the use of a credit card or other credit	909
procedure or by the use of goods or services received on account.	910

(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

(a) Engaging in activities in support of or opposition to	939
another candidate, political party, or ballot issue;	940

(b) Raising funds for a political party, legislative campaign	941
fund, campaign committee, or another candidate;	942

(c) Attending a political party convention or other political	943
meeting.	944

(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

For purposes of this division, an expense is incurred	964
whenever a candidate or public official or employee has either	965
made payment or is obligated to make payment, as by the use of a	966
credit card or other credit procedure, or by the use of goods or	967
services on account.	968

(R)(1) Division (O) or (P) of this section does not prohibit	969
a campaign committee from making direct advance or post payment	970
from contributions to vendors for goods and services for which	971
reimbursement is permitted under division (O) of this section,	972
except that no campaign committee shall pay its candidate or other	973
beneficiary for services personally performed by the candidate or	974
other beneficiary.	975

(2) If any expense that may be reimbursed under division (O),	976
(P), or (Q) of this section is part of other expenses that may not	977
be paid or reimbursed, the separation of the two types of expenses	978
for the purpose of allocating for payment or reimbursement those	979
expenses that may be paid or reimbursed may be by any reasonable	980
accounting method, considering all of the surrounding	981
circumstances.	982

(3) For purposes of divisions (O), (P), and (Q) of this	983
section, mileage allowance at a rate not greater than that allowed	984
by the internal revenue service at the time the travel occurs may	985
be paid instead of reimbursement for actual travel expenses	986
allowable.	987

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

988

(a) "State elective office" has the same meaning as in	989
section 3517.092 of the Revised Code.	990

(b) "Federal office" means a federal office as defined in the	991
Federal Election Campaign Act.	992

(c) "Federal campaign committee" means a principal campaign	993
committee or authorized committee as defined in the Federal	994
Election Campaign Act.	995

(2) No person who is a candidate for state elective office	996
and who previously sought nomination or election to a federal	997
office shall transfer any funds or assets from that person's	998
federal campaign committee for nomination or election to the	999
federal office to that person's campaign committee as a candidate	1000
for state elective office.	1001

(3) No campaign committee of a person who is a candidate for	1002
state elective office and who previously sought nomination or	1003
election to a federal office shall accept any funds or assets from	1004
that person's federal campaign committee for that person's	1005
nomination or election to the federal office.	1006

(T)(1) Except as otherwise provided in division (B)(6)(c) of	1007
section 3517.102 of the Revised Code, a state or county political	1008
party shall not disburse moneys from any account other than a	1009
state candidate fund to make contributions to any of the	1010
following:	1011

(a) A state candidate fund;

1012

(b) A legislative campaign fund;

1013

(c) A campaign committee of a candidate for the office of	1014
governor, lieutenant governor, secretary of state, auditor of	1015
state, treasurer of state, attorney general, member of the state	1016
board of education, or member of the general assembly.	1017

(2) No state candidate fund, legislative campaign fund, or	1018
campaign committee of a candidate for any office described in	1019
division (T)(1)(c) of this section shall knowingly accept a	1020
contribution in violation of division (T)(1) of this section.	1021

(U) No person shall fail to file a statement required under	1022
section 3517.12 of the Revised Code.	1023

(V) No campaign committee shall fail to file a statement	1024
required under division (K)(3) of section 3517.10 of the Revised	1025
Code.	1026

(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

(3) As used in division (W) of this section, "foreign	1046
national" has the same meaning as in section 441e(b) of the	1047
Federal Election Campaign Act.	1048

(X)(1) No state or county political party shall transfer any	1049
moneys from its restricted fund to any account of the political	1050
party into which contributions may be made or from which	1051
contributions or expenditures may be made.	1052

(2)(a) No state or county political party shall deposit a	1053
contribution or contributions that it receives into its restricted	1054
fund.	1055

(b) No state or county political party shall make a	1056
contribution or an expenditure from its restricted fund.	1057

(3)(a) No corporation or labor organization shall make a gift	1058
or gifts from the corporation's or labor organization's money or	1059
property aggregating more than ten thousand dollars to any one	1060
state or county political party for the party's restricted fund in	1061
a calendar year.	1062

(b) No state or county political party shall accept a gift or	1063
gifts for the party's restricted fund aggregating more than ten	1064
thousand dollars from any one corporation or labor organization in	1065
a calendar year.	1066

(4) No state or county political party shall transfer any	1067
moneys in the party's restricted fund to any other state or county	1068
political party.	1069

(5) No state or county political party shall knowingly fail	1070
to file a statement required under section 3517.1012 of the	1071
Revised Code.	1072

(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

(AA)(1) No foreign corporation and no subsidiary of a foreign	1104
corporation shall make an independent expenditure, make a	1105
disbursement for the direct costs of producing and airing	1106
electioneering communications, or make a contribution to another	1107
entity for the purpose of funding the direct costs of producing	1108
and airing electioneering communications.	1109

(2) As used in division (AA) of this section:

1110

(a) "Domestic corporation" and "foreign corporation" have the	1111
same meanings as defined by section 7701 of the Internal Revenue	1112
Code, 26 U.S.C. 7701.	1113

(b) "Subsidiary of a foreign corporation" means a domestic	1114
corporation the majority of the stock with voting rights of which	1115
is owned or controlled, directly or indirectly, by one or more	1116
foreign corporations.	1117

Sec. 3517.992.  This section establishes penalties only with	1118
respect to acts or failures to act that occur on and after August	1119
24, 1995.	1120

(A)(1) A candidate whose campaign committee violates division	1121
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	1122
or a treasurer of a campaign committee who violates any of those	1123
divisions, shall be fined not more than one hundred dollars for	1124
each day of violation.	1125

(2) Whoever violates division (E) or (X)(5) of section	1126
3517.13 of the Revised Code shall be fined not more than one	1127
hundred dollars for each day of violation.	1128

(B) A political party that violates division (F)(1) of	1129
section 3517.101 of the Revised Code shall be fined not more than	1130
one hundred dollars for each day of violation.	1131

(C) Whoever violates division (F)(2) of section 3517.101 or	1132
division (G) of section 3517.13 of the Revised Code shall be fined	1133
not more than ten thousand dollars or, if the offender is a person	1134
who was nominated or elected to public office, shall forfeit the	1135
nomination or the office to which the offender was elected, or	1136
both.	1137

(D) Whoever violates division (F) of section 3517.13 of the	1138
Revised Code shall be fined not more than three times the amount	1139
contributed.	1140

(E) Whoever violates division (H) of section 3517.13 of the	1141
Revised Code shall be fined not more than one hundred dollars.	1142

(F) Whoever violates division (O), (P), or (Q) of section	1143
3517.13 of the Revised Code is guilty of a misdemeanor of the	1144
first degree.	1145

(G) A state or county committee of a political party that	1146
violates division (B)(1) of section 3517.18 of the Revised Code	1147
shall be fined not more than twice the amount of the improper	1148
expenditure.	1149

(H) A state or county political party that violates division	1150
(G) of section 3517.101 of the Revised Code shall be fined not	1151
more than twice the amount of the improper expenditure or use.	1152

(I)(1) Any individual who violates division (B)(1) of section	1153
3517.102 of the Revised Code and knows that the contribution the	1154
individual makes violates that division shall be fined an amount	1155
equal to three times the amount contributed in excess of the	1156
amount permitted by that division.	1157

(2) Any political action committee that violates division	1158
(B)(2) of section 3517.102 of the Revised Code shall be fined an	1159
amount equal to three times the amount contributed in excess of	1160
the amount permitted by that division.	1161

(3) Any campaign committee that violates division (B)(3) or	1162
(5) of section 3517.102 of the Revised Code shall be fined an	1163
amount equal to three times the amount contributed in excess of	1164
the amount permitted by that division.	1165

(4)(a) Any legislative campaign fund that violates division	1166
(B)(6) of section 3517.102 of the Revised Code shall be fined an	1167
amount equal to three times the amount transferred or contributed	1168
in excess of the amount permitted by that division, as applicable.	1169

(b) Any state political party, county political party, or	1170
state candidate fund of a state political party or county	1171
political party that violates division (B)(6) of section 3517.102	1172
of the Revised Code shall be fined an amount equal to three times	1173
the amount transferred or contributed in excess of the amount	1174
permitted by that division, as applicable.	1175

(c) Any political contributing entity that violates division	1176
(B)(7) of section 3517.102 of the Revised Code shall be fined an	1177
amount equal to three times the amount contributed in excess of	1178
the amount permitted by that division.	1179

(5) Any political party that violates division (B)(4) of	1180
section 3517.102 of the Revised Code shall be fined an amount	1181
equal to three times the amount contributed in excess of the	1182
amount permitted by that division.	1183

(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

(a) It is completely refunded within five business days after	1190
it is accepted.	1191

(b) It is completely refunded on or before the tenth business	1192
day after notification to the recipient of the excess transfer or	1193
contribution by the board of elections or the secretary of state	1194
that a transfer or contribution in excess of the permitted amount	1195
has been received.	1196

(J)(1) Any campaign committee that violates division (C)(1),	1197
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	1198
fined an amount equal to three times the amount accepted in excess	1199
of the amount permitted by that division.	1200

(2)(a) Any county political party that violates division	1201
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	1202
shall be fined an amount equal to three times the amount accepted.	1203

(b) Any county political party that violates division	1204
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	1205
fined an amount from its state candidate fund equal to three times	1206
the amount accepted in excess of the amount permitted by that	1207
division.	1208

(c) Any state political party that violates division	1209
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	1210
an amount from its state candidate fund equal to three times the	1211
amount accepted in excess of the amount permitted by that	1212
division.	1213

(3) Any legislative campaign fund that violates division	1214
(C)(5) of section 3517.102 of the Revised Code shall be fined an	1215
amount equal to three times the amount accepted in excess of the	1216
amount permitted by that division.	1217

(4) Any political action committee or political contributing	1218
entity that violates division (C)(7) of section 3517.102 of the	1219
Revised Code shall be fined an amount equal to three times the	1220
amount accepted in excess of the amount permitted by that	1221
division.	1222

(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

(a) It is completely refunded within five business days after	1230
its acceptance.	1231

(b) It is completely refunded on or before the tenth business	1232
day after notification to the recipient of the excess transfer or	1233
contribution by the board of elections or the secretary of state	1234
that a transfer or contribution in excess of the permitted amount	1235
has been received.	1236

(K)(1) Any legislative campaign fund that violates division	1237
(F)(1) of section 3517.102 of the Revised Code shall be fined	1238
twenty-five dollars for each day of violation.	1239

(2) Any legislative campaign fund that violates division	1240
(F)(2) of section 3517.102 of the Revised Code shall give to the	1241
treasurer of state for deposit into the state treasury to the	1242
credit of the Ohio elections commission fund all excess	1243
contributions not disposed of as required by division (E) of	1244
section 3517.102 of the Revised Code.	1245

(L) Whoever violates section 3517.105 of the Revised Code	1246
shall be fined one thousand dollars.	1247

(M)(1) Whoever solicits a contribution in violation of	1248
section 3517.092 or violates division (B) of section 3517.09 of	1249
the Revised Code is guilty of a misdemeanor of the first degree.	1250

(2) Whoever knowingly accepts a contribution in violation of	1251
division (B) or (C) of section 3517.092 of the Revised Code shall	1252
be fined an amount equal to three times the amount accepted in	1253
violation of either of those divisions and shall return to the	1254
contributor any amount so accepted. Whoever unknowingly accepts a	1255
contribution in violation of division (B) or (C) of section	1256
3517.092 of the Revised Code shall return to the contributor any	1257
amount so accepted.	1258

(N) Whoever violates division (S) of section 3517.13 of the	1259
Revised Code shall be fined an amount equal to three times the	1260
amount of funds transferred or three times the value of the assets	1261
transferred in violation of that division.	1262

(O) Any campaign committee that accepts a contribution or	1263
contributions in violation of section 3517.108 of the Revised	1264
Code, uses a contribution in violation of that section, or fails	1265
to dispose of excess contributions in violation of that section	1266
shall be fined an amount equal to three times the amount accepted,	1267
used, or kept in violation of that section.	1268

(P) Any political party, state candidate fund, legislative	1269
candidate fund, or campaign committee that violates division (T)	1270
of section 3517.13 of the Revised Code shall be fined an amount	1271
equal to three times the amount contributed or accepted in	1272
violation of that section.	1273

(Q) A treasurer of a committee or another person who violates	1274
division (U) of section 3517.13 of the Revised Code shall be fined	1275
not more than two hundred fifty dollars.	1276

(R) Whoever violates division (I) or (J) of section 3517.13	1277
of the Revised Code shall be fined not more than one thousand	1278
dollars. Whenever a person is found guilty of violating division	1279
(I) or (J) of section 3517.13 of the Revised Code, the contract	1280
awarded in violation of either of those divisions shall be	1281
rescinded if its terms have not yet been performed.	1282

(S) A candidate whose campaign committee violates or a	1283
treasurer of a campaign committee who violates section 3517.081 of	1284
the Revised Code, and a candidate whose campaign committee	1285
violates or a treasurer of a campaign committee or another person	1286
who violates division (C) of section 3517.10 of the Revised Code,	1287
shall be fined not more than five hundred dollars.	1288

(T) A candidate whose campaign committee violates or a	1289
treasurer of a committee who violates division (B) of section	1290
3517.09 of the Revised Code, or a candidate whose campaign	1291
committee violates or a treasurer of a campaign committee or	1292
another person who violates division (C) of section 3517.09 of the	1293
Revised Code shall be fined not more than one thousand dollars.	1294

(U) Whoever violates section 3517.20 of the Revised Code	1295
shall be fined not more than five hundred dollars.	1296

(V) Whoever violates section 3517.21 or 3517.22 of the	1297
Revised Code shall be imprisoned for not more than six months or	1298
fined not more than five thousand dollars, or both.	1299

(W) A campaign committee that is required to file a	1300
declaration of no limits under division (D)(2) of section 3517.103	1301
of the Revised Code that, before filing that declaration, accepts	1302
a contribution or contributions that exceed the limitations	1303
prescribed in section 3517.102 of the Revised Code, shall return	1304
that contribution or those contributions to the contributor.	1305

(X) Any campaign committee that fails to file the declaration	1306
of filing-day finances required by division (F) of section	1307
3517.109 or the declaration of primary-day finances or declaration	1308
of year-end finances required by division (E) of section 3517.1010	1309
of the Revised Code shall be fined twenty-five dollars for each	1310
day of violation.	1311

(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

(AA)(1) Whoever knowingly violates division (W)(1) of section	1327
3517.13 of the Revised Code shall be fined an amount equal to	1328
three times the amount contributed, expended, or promised in	1329
violation of that division or ten thousand dollars, whichever	1330
amount is greater.	1331

(2) Whoever knowingly violates division (W)(2) of section	1332
3517.13 of the Revised Code shall be fined an amount equal to	1333
three times the amount solicited or accepted in violation of that	1334
division or ten thousand dollars, whichever amount is greater.	1335

(BB) Whoever knowingly violates division (C) or (D) of	1336
section 3517.1011 of the Revised Code shall be fined not more than	1337
ten thousand dollars plus not more than one thousand dollars for	1338
each day of violation.	1339

(CC)(1) Subject to division (CC)(2) of this section, whoever	1340
violates division (H) of section 3517.1011 of the Revised Code	1341
shall be fined an amount up to three times the amount disbursed	1342
for the direct costs of airing the communication made in violation	1343
of that division.	1344

(2) Whoever has been ordered by the Ohio elections commission	1345
or by a court of competent jurisdiction to cease making	1346
communications in violation of division (H) of section 3517.1011	1347
of the Revised Code who again violates that division shall be	1348
fined an amount equal to three times the amount disbursed for the	1349
direct costs of airing the communication made in violation of that	1350
division.	1351

(DD)(1) Any corporation or labor organization that violates	1352
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	1353
fined an amount equal to three times the amount given in excess of	1354
the amount permitted by that division.	1355

(2) Any state or county political party that violates	1356
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	1357
fined an amount equal to three times the amount accepted in excess	1358
of the amount permitted by that division.	1359

(DD) Whoever knowingly violates division (AA)(1) of section	1360
3517.13 of the Revised Code shall be fined an amount equal to	1361
three times the amount expended, disbursed, or contributed in	1362
violation of that division.	1363

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

(2) Whoever violates division (A)(1) of this section shall be	1387
fined not less than five hundred nor more than five thousand	1388
dollars.	1389

(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

(2) Whoever violates division (B)(1) of this section shall be	1396
fined not more than one thousand dollars, or imprisoned not more	1397
than one year, or both.	1398

(C)(1) A corporation, a nonprofit corporation, or a labor	1399
organization may use its funds or property to make an independent	1400
expenditure for or in aid of or opposition to a candidate or a	1401
proposed or certified ballot issue. Such use of funds or property	1402
shall be reported on a form prescribed by the secretary of state.	1403
Reports	1404

(2) Reports of independent expenditures regarding a candidate	1405
shall be filed under division (B)(2)(b) of section 3517.105 of the	1406
Revised Code.	1407

(3) Reports of contributions in connection with statewide	1408
ballot issues shall be filed with the secretary of state. Reports	1409
of contributions in connection with local issues shall be filed	1410
with the board of elections of the most populous county of the	1411
district in which the issue is submitted or to be submitted to the	1412
electors. Reports made pursuant to this division shall be filed by	1413
the times specified in divisions (A)(1) and (2) of section 3517.10	1414
of the Revised Code.	1415

(D)(1) Any gift made pursuant to section 3517.101 of the	1416
Revised Code does not constitute a violation of this section or of	1417
any other section of the Revised Code.	1418

(2) Any gift made pursuant to division (A)(2) of section	1419
3517.1012 of the Revised Code does not constitute a violation of	1420
this section.	1421

(3) Any gift made pursuant to division (B) of section	1422
3517.1013 of the Revised Code does not constitute a violation of	1423
this section.	1424

(E) Any compensation or fees paid by a financial institution	1425
to a state political party for services rendered pursuant to	1426
division (B) of section 3517.19 of the Revised Code do not	1427
constitute a violation of this section or of any other section of	1428
the Revised Code.	1429

(F)(1) The use by a nonprofit corporation of its money or	1430
property for communicating information for a purpose specified in	1431
division (A) of this section is not a violation of that division	1432
if the stockholders, members, donors, trustees, or officers of the	1433
nonprofit corporation are the predominant recipients of the	1434
communication.	1435

(2) The placement of a campaign sign on the property of a	1436
corporation, nonprofit corporation, or labor organization is not a	1437
use of propertycontribution in violation of division (A) of this	1438
section by that corporation, nonprofit corporation, or labor	1439
organization.	1440

(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

(H) As used in this section, "labor organization" has the	1460
same meaning as in section 3517.01 of the Revised Code.	1461

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

Section 2. That existing sections 3517.01, 3517.105,	1502
3517.1011, 3517.13, 3517.992, 3599.03, 5727.61, and 5733.27 of the	1503
Revised Code are hereby repealed.	1504