Sec. 3517.01. (A)(1) A political party within the meaning of | 21 |
Title XXXV of the Revised Code is any group of voters that, at the | 22 |
most recent regular state election, polled for its candidate for | 23 |
governor in the state or nominees for presidential electors at | 24 |
least five per cent of the entire vote cast for that office or | 25 |
that filed with the secretary of state, subsequent to any election | 26 |
in which it received less than five per cent of that vote, a | 27 |
petition signed by qualified electors equal in number to at least | 28 |
one per cent of the total vote for governor or nominees for | 29 |
presidential electors at the most recent election, declaring their | 30 |
intention of organizing a political party, the name of which shall | 31 |
be stated in the declaration, and of participating in the | 32 |
succeeding primary election, held in even-numbered years, that | 33 |
occurs more than one hundred twenty days after the date of filing. | 34 |
No such group of electors shall assume a name or designation that | 35 |
is similar, in the opinion of the secretary of state, to that of | 36 |
an existing political party as to confuse or mislead the voters at | 37 |
an election. If any political party fails to cast five per cent of | 38 |
the total vote cast at an election for the office of governor or | 39 |
president, it shall cease to be a political party. | 40 |
(3) "Candidate" has the same meaning as in division (H) of | 53 |
section 3501.01 of the Revised Code and also includes any person | 54 |
who, at any time before or after an election, receives | 55 |
contributions or makes expenditures or other use of contributions, | 56 |
has given consent for another to receive contributions or make | 57 |
expenditures or other use of contributions, or appoints a campaign | 58 |
treasurer, for the purpose of bringing about the person's | 59 |
nomination or election to public office. When two persons jointly | 60 |
seek the offices of governor and lieutenant governor, "candidate" | 61 |
means the pair of candidates jointly. "Candidate" does not include | 62 |
candidates for election to the offices of member of a county or | 63 |
state central committee, presidential elector, and delegate to a | 64 |
national convention or conference of a political party. | 65 |
(4) "Continuing association" means an association, other than | 66 |
a campaign committee, political party, legislative campaign fund, | 67 |
political contributing entity, or labor organization, that is | 68 |
intended to be a permanent organization that has a primary purpose | 69 |
other than supporting or opposing specific candidates, political | 70 |
parties, or ballot issues, and that functions on a regular basis | 71 |
throughout the year. "Continuing association" includes | 72 |
organizations that are determined to be not organized for profit | 73 |
under subsection 501 and that are described in subsection | 74 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 75 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 76 |
of indebtedness, donation, advance, payment, or transfer of funds | 77 |
or anything of value, including a transfer of funds from an inter | 78 |
vivos or testamentary trust or decedent's estate, and the payment | 79 |
by any person other than the person to whom the services are | 80 |
rendered for the personal services of another person, which | 81 |
contribution is made, received, or used for the purpose of | 82 |
influencing the results of an election. Any loan, gift, deposit, | 83 |
forgiveness of indebtedness, donation, advance, payment, or | 84 |
transfer of funds or of anything of value, including a transfer of | 85 |
funds from an inter vivos or testamentary trust or decedent's | 86 |
estate, and the payment by any campaign committee, political | 87 |
action committee, legislative campaign fund, political party, | 88 |
political contributing entity, or person other than the person to | 89 |
whom the services are rendered for the personal services of | 90 |
another person, that is made, received, or used by a state or | 91 |
county political party, other than moneys a state or county | 92 |
political party receives from the Ohio political party fund | 93 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 94 |
state or county political party may receive under sections | 95 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 96 |
considered to be a "contribution" for the purpose of section | 97 |
3517.10 of the Revised Code and shall be included on a statement | 98 |
of contributions filed under that section. | 99 |
(6) "Expenditure" means the disbursement or use of a | 120 |
contribution for the purpose of influencing the results of an | 121 |
election or of making a charitable donation under division (G) of | 122 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 123 |
contribution by a state or county political party is an | 124 |
expenditure and shall be considered either to be made for the | 125 |
purpose of influencing the results of an election or to be made as | 126 |
a charitable donation under division (G) of section 3517.08 of the | 127 |
Revised Code and shall be reported on a statement of expenditures | 128 |
filed under section 3517.10 of the Revised Code. During the thirty | 129 |
days preceding a primary or general election, any disbursement to | 130 |
pay the direct costs of producing or airing a broadcast, cable, or | 131 |
satellite communication that refers to a clearly identified | 132 |
candidate shall be considered to be made for the purpose of | 133 |
influencing the results of that election and shall be reported as | 134 |
an expenditure or as an independent expenditure under section | 135 |
3517.10 or 3517.105 of the Revised Code, as applicable, except | 136 |
that the information required to be reported regarding | 137 |
contributors for those expenditures or independent expenditures | 138 |
shall be the same as the information required to be reported under | 139 |
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. | 140 |
(8) "Political action committee" means a combination of two | 147 |
or more persons,that has more than two thousand five hundred | 148 |
dollars in its treasury and makes aggregate total contributions | 149 |
and expenditures of one thousand dollars or more per calendar | 150 |
year, and the primary or major purpose of which is to support or | 151 |
oppose any candidate, political party, or issue, or to influence | 152 |
the result of any election through express advocacy, and that is | 153 |
not a political party, a campaign committee, a political | 154 |
contributing entity, or a legislative campaign fund. "Political | 155 |
action committee" does not include either of the following: | 156 |
(16) "In-kind contribution" means anything of value other | 187 |
than money that is used to influence the results of an election or | 188 |
is transferred to or used in support of or in opposition to a | 189 |
candidate, campaign committee, legislative campaign fund, | 190 |
political party, political action committee, or political | 191 |
contributing entity and that is made with the consent of, in | 192 |
coordination, cooperation, or consultation with, or at the request | 193 |
or suggestion of the benefited candidate, committee, fund, party, | 194 |
or entity. The financing of the dissemination, distribution, or | 195 |
republication, in whole or part, of any broadcast or of any | 196 |
written, graphic, or other form of campaign materials prepared by | 197 |
the candidate, the candidate's campaign committee, or their | 198 |
authorized agents is an in-kind contribution to the candidate and | 199 |
an expenditure by the candidate. | 200 |
(17) "Independent expenditure" means an expenditure by a | 201 |
person advocating the election or defeat of an identified | 202 |
candidate or candidates, that is not made with the consent of, in | 203 |
coordination, cooperation, or consultation with, or at the request | 204 |
or suggestion of any candidate or candidates or of the campaign | 205 |
committee or agent of the candidate or candidates. As used in | 206 |
division (B)(17) of this section: | 207 |
(a) "Person" means an individual, partnership, unincorporated | 208 |
business organization or association, political action committee, | 209 |
political contributing entity, separate segregated fund, | 210 |
association, corporation, labor organization, or other | 211 |
organization or group of persons, but not a labor organization or | 212 |
a corporation unless the labor organization or corporation is a | 213 |
political contributing entity. | 214 |
(d) "Made in coordination, cooperation, or consultation with, | 221 |
or at the request or suggestion of, any candidate or the campaign | 222 |
committee or agent of the candidate" means made pursuant to any | 223 |
arrangement, coordination, or direction by the candidate, the | 224 |
candidate's campaign committee, or the candidate's agent prior to | 225 |
the publication, distribution, display, or broadcast of the | 226 |
communication. An expenditure is presumed to be so made when it is | 227 |
any of the following: | 228 |
(ii) Made by or through any person who is, or has been, | 233 |
authorized to raise or expend funds, who is, or has been, an | 234 |
officer of the candidate's campaign committee, or who is, or has | 235 |
been, receiving any form of compensation or reimbursement from the | 236 |
candidate or the candidate's campaign committee or agent; | 237 |
(e) "Agent" means any person who has actual oral or written | 242 |
authority, either express or implied, to make or to authorize the | 243 |
making of expenditures on behalf of a candidate, or means any | 244 |
person who has been placed in a position with the candidate's | 245 |
campaign committee or organization such that it would reasonably | 246 |
appear that in the ordinary course of campaign-related activities | 247 |
the person may authorize expenditures. | 248 |
(18) "Labor organization" means a labor union; an employee | 249 |
organization; a federation of labor unions, groups, locals, or | 250 |
other employee organizations; an auxiliary of a labor union, | 251 |
employee organization, or federation of labor unions, groups, | 252 |
locals, or other employee organizations; or any other bona fide | 253 |
organization in which employees participate and that exists for | 254 |
the purpose, in whole or in part, of dealing with employers | 255 |
concerning grievances, labor disputes, wages, hours, and other | 256 |
terms and conditions of employment. | 257 |
(25) "Political contributing entity" means any entity, | 275 |
including a corporation or labor organization, that may lawfully | 276 |
make contributions and expenditures and that is not an individual | 277 |
or a political action committee, continuing association, campaign | 278 |
committee, political party, legislative campaign fund, designated | 279 |
state campaign committee, or state candidate fund. For purposes of | 280 |
this division, "lawfully" means not prohibited by any section of | 281 |
the Revised Code, or authorized by a final judgment of a court of | 282 |
competent jurisdiction. | 283 |
Sec. 3517.105. (A)(1) As used in this section, "public | 284 |
political advertising" means advertising to the general public | 285 |
through a broadcasting station, newspaper, magazine, poster, yard | 286 |
sign, or outdoor advertising facility, by direct mail, or by any | 287 |
other means of advertising to the general public. | 288 |
(2) For purposes of this section and section 3517.20 of the | 289 |
Revised Code, a person is a member of a political action committee | 290 |
if the person makes one or more contributions to that political | 291 |
action committee, and a person is a member of a political | 292 |
contributing entity if the person makes one or more contributions | 293 |
to, or pays dues, membership fees, or other assessments to, that | 294 |
political contributing entity. | 295 |
(B)(1) Whenever a candidate, a campaign committee, a | 296 |
political action committee or political contributing entity with | 297 |
ten or more members, a corporation, a labor organization, or a | 298 |
legislative campaign fund makes an independent expenditure, or | 299 |
whenever a political action committee or political contributing | 300 |
entity with fewer than ten members makes an independent | 301 |
expenditure in excess of one hundred dollars for a local | 302 |
candidate, in excess of two hundred fifty dollars for a candidate | 303 |
for the office of member of the general assembly, or in excess of | 304 |
five hundred dollars for a statewide candidate,or more for the | 305 |
purpose of financing communications advocating the election or | 306 |
defeat of an identified candidate or solicits without the | 307 |
candidate's express consent a contribution for or against an | 308 |
identified candidate through public political advertising, a | 309 |
statement shall appear or be presented in a clear and conspicuous | 310 |
manner in the advertising that does both of the following: | 311 |
(2)(a) WheneverSubject to division (B)(2)(c) of this | 320 |
section, whenever any campaign committee, legislative campaign | 321 |
fund, political action committee, political contributing entity, | 322 |
or political party makes an independent expenditure of five | 323 |
hundred dollars or more in support of or opposition to any | 324 |
candidate, the committee, entity, fund, or party shall report the | 325 |
independent expenditure and identify the candidate on a statement | 326 |
prescribed by the secretary of state and filed by the committee, | 327 |
entity, fund, or party as part of its statement of contributions | 328 |
and expenditures pursuant to division (A) of section 3517.10 and | 329 |
division (A) of section 3517.11 of the Revised Code. | 330 |
(b) WheneverSubject to division (B)(2)(c) of this section, | 331 |
whenever any individual, partnership, corporation, labor | 332 |
organization, or other entity, except a corporation, labor | 333 |
organization, campaign committee, legislative campaign fund, | 334 |
political action committee, political contributing entity, or | 335 |
political party, makes one or more independent expenditures of | 336 |
five hundred dollars or more in support of or opposition to any | 337 |
candidate, the individual, partnership, corporation, labor | 338 |
organization, or other entity shall file with the secretary of | 339 |
state in the case of a statewide candidate, or with the board of | 340 |
elections in the county in which the candidate files the | 341 |
candidate's petitions for nomination or election for district or | 342 |
local office, not later than the dates specified in divisions | 343 |
(A)(1), (2), (3), and (4) of section 3517.10 of the Revised Code, | 344 |
and, except as otherwise provided in that section, a statement | 345 |
itemizing all independent expenditures made during the period | 346 |
since the close of business on the last day reflected in the last | 347 |
previously filed such statement, if any. The statement shall be | 348 |
made on a form prescribed by the secretary of state or shall be | 349 |
filed by electronic means of transmission pursuant to division (G) | 350 |
of section 3517.106 of the Revised Code as authorized or required | 351 |
by that division. The statement shall indicate the date and the | 352 |
amount of each independent expenditure and the candidate on whose | 353 |
behalf it was made and shall be made under penalty of election | 354 |
falsification. | 355 |
(d) If a corporation or labor organization files a statement | 363 |
under division (B)(2)(b) or (c) of this section, the statement | 364 |
also shall identify the source of any amounts the corporation or | 365 |
labor organization received during the period since the close of | 366 |
business on the last day reflected in the last previously filed | 367 |
such statement that, in the aggregate, exceed five thousand | 368 |
dollars and that were not received in the ordinary course of | 369 |
business and were not received in exchange for goods and services | 370 |
provided by the corporation or labor organization. | 371 |
(C)(1) Whenever a corporation, labor organization, campaign | 372 |
committee, political action committee with ten or more members, or | 373 |
legislative campaign fund makes an independent expenditure, or | 374 |
whenever a political action committee with fewer than ten members | 375 |
makes an independent expenditure in excess of one hundred dollars | 376 |
for a local ballot issue or question, or in excess of five hundred | 377 |
dollars for a statewide ballot issue or question,or more for the | 378 |
purpose of financing communications advocating support of or | 379 |
opposition to an identified ballot issue or question or solicits | 380 |
without the express consent of the ballot issue committee a | 381 |
contribution for or against an identified ballot issue or question | 382 |
through public political advertising, a statement shall appear or | 383 |
be presented in a clear and conspicuous manner in the advertising | 384 |
that does both of the following: | 385 |
(2)(a) Whenever any corporation, labor organization, campaign | 394 |
committee, legislative campaign fund, political party, or | 395 |
political action committee makes an independent expenditure of | 396 |
five hundred dollars or more in support of or opposition to any | 397 |
ballot issue or question, the corporation or labor organization | 398 |
shall report the independent expenditure in accordance with | 399 |
division (C) of section 3599.03 of the Revised Code, and the | 400 |
campaign committee, legislative campaign fund, political party, or | 401 |
political action committee shall report the independent | 402 |
expenditure and identify the ballot issue or question on a | 403 |
statement prescribed by the secretary of state and filed by the | 404 |
committee, fund, or party as part of its statement of | 405 |
contributions and expenditures pursuant to division (A) of section | 406 |
3517.10 and division (A) of section 3517.11 of the Revised Code. | 407 |
(b) Whenever any individual, partnership, or other entity, | 408 |
except a corporation, labor organization, campaign committee, | 409 |
legislative campaign fund, political action committee, or | 410 |
political party, makes one or more independent expenditures in | 411 |
excess of oneof five hundred dollars or more in support of or | 412 |
opposition to any ballot issue or question, the individual, | 413 |
partnership, or other entity shall file with the secretary of | 414 |
state in the case of a statewide ballot issue or question, or with | 415 |
the board of elections in the county that certifies the issue or | 416 |
question for placement on the ballot in the case of a district or | 417 |
local issue or question, not later than the dates specified in | 418 |
divisions (A)(1), (2), (3), and (4) of section 3517.10 of the | 419 |
Revised Code, and, except as otherwise provided in that section, a | 420 |
statement itemizing all independent expenditures made during the | 421 |
period since the close of business on the last day reflected in | 422 |
the last previously filed such statement, if any. The statement | 423 |
shall be made on a form prescribed by the secretary of state or | 424 |
shall be filed by electronic means of transmission pursuant to | 425 |
division (G) of section 3517.106 of the Revised Code as authorized | 426 |
or required by that division. The statement shall indicate the | 427 |
date and the amount of each independent expenditure and the ballot | 428 |
issue or question in support of or opposition to which it was made | 429 |
and shall be made under penalty of election falsification. | 430 |
(3) No person, campaign committee, legislative campaign fund, | 431 |
political action committee, corporation, labor organization, or | 432 |
other organization or association shall use or cause to be used a | 433 |
false or fictitious name in making an independent expenditure in | 434 |
support of or opposition to any candidate or any ballot issue or | 435 |
question. A name is false or fictitious if the person, campaign | 436 |
committee, legislative campaign fund, political action committee, | 437 |
corporation, labor organization, or other organization or | 438 |
association does not actually exist or operate, if the | 439 |
corporation, labor organization, or other organization or | 440 |
association has failed to file a fictitious name or other | 441 |
registration with the secretary of state, if it is required to do | 442 |
so, or if the person, campaign committee, legislative campaign | 443 |
fund, or political action committee has failed to file a | 444 |
designation of the appointment of a treasurer, if it is required | 445 |
to do so by division (D)(1) of section 3517.10 of the Revised | 446 |
Code. | 447 |
(4) "Contribution" means any loan, gift, deposit, forgiveness | 461 |
of indebtedness, donation, advance, payment, or transfer of funds | 462 |
or of anything of value, including a transfer of funds from an | 463 |
inter vivos or testamentary trust or decedent's estate, and the | 464 |
payment by any person other than the person to whom the services | 465 |
are rendered for the personal services of another person, that is | 466 |
made, received, or used to pay the direct costs of producing or | 467 |
airing electioneering communications. | 468 |
(5)(a) "Coordinated electioneering communication" means any | 469 |
electioneering communication that is made pursuant to any | 470 |
arrangement, coordination, or direction by a candidate or a | 471 |
candidate's campaign committee, by an officer, agent, employee, or | 472 |
consultant of a candidate or a candidate's campaign committee, or | 473 |
by a former officer, former agent, former employee, or former | 474 |
consultant of a candidate or a candidate's campaign committee | 475 |
prior to the airing, broadcasting, or cablecasting of the | 476 |
communication. An electioneering communication is presumed to be a | 477 |
"coordinated electioneering communication" when it is either of | 478 |
the following: | 479 |
(i) Based on information about a candidate's plans, projects, | 480 |
or needs provided to the person making the disbursement by the | 481 |
candidate or the candidate's campaign committee, by an officer, | 482 |
agent, employee, or consultant of the candidate or the candidate's | 483 |
campaign committee, or by a former officer, former agent, former | 484 |
employee, or former consultant of the candidate or the candidate's | 485 |
campaign committee, with a view toward having the communication | 486 |
made; | 487 |
(ii) Made by or through any person who is, or has been, | 488 |
authorized to raise or expend funds on behalf of a candidate or | 489 |
the candidate's campaign committee, who is, or has been, an | 490 |
officer, agent, employee, or consultant of the candidate or of the | 491 |
candidate's campaign committee, or who is, or has been, receiving | 492 |
any form of compensation or reimbursement from the candidate or | 493 |
the candidate's campaign committee or from an officer, agent, | 494 |
employee, or consultant of the candidate or of the candidate's | 495 |
campaign committee. | 496 |
(b) An electioneering communication shall not be presumed to | 497 |
be a "coordinated electioneering communication" under division | 498 |
(A)(5)(a)(ii) of this section if the communication is made through | 499 |
any person who provides a service that does not affect the content | 500 |
of the communication, such as communications placed through the | 501 |
efforts of a media buyer, unless that person also affects the | 502 |
content of the communication. | 503 |
(i) A communication that is publicly disseminated through a | 533 |
means of communication other than a broadcast, cable, or satellite | 534 |
television or radio station. For example, "electioneering | 535 |
communication" does not include communications appearing in print | 536 |
media, including a newspaper or magazine, handbill, brochure, | 537 |
bumper sticker, yard sign, poster, billboard, and other written | 538 |
materials, including mailings; communications over the internet, | 539 |
including electronic mail; or telephone communications. | 540 |
(ii) A communication that appears in a news story, | 541 |
commentary, public service announcement, bona fide news | 542 |
programming, or editorial distributed through the facilities of | 543 |
any broadcast, cable, or satellite television or radio station, | 544 |
unless those facilities are owned or controlled by any political | 545 |
party, political committee, or candidate; | 546 |
(13) "Refers to a clearly identified candidate" means that | 579 |
the candidate's name, nickname, photograph, or drawing appears, or | 580 |
the identity of the candidate is otherwise apparent through an | 581 |
unambiguous reference to the person such as "the chief justice," | 582 |
"the governor," "member of the Ohio senate," "member of the Ohio | 583 |
house of representatives," "county auditor," "mayor," or "township | 584 |
trustee" or through an unambiguous reference to the person's | 585 |
status as a candidate. | 586 |
(e) If the disbursements were paid out of a segregated bank | 617 |
account that consists of funds contributed solely by individuals | 618 |
who are United States citizens or nationals or lawfully admitted | 619 |
for permanent residence as defined in section 101(a)(20) of the | 620 |
Immigration and Nationality Act directly to the account for | 621 |
electioneering communications, the information specified in | 622 |
division (D)(2) of this section for all contributors who | 623 |
contributed an aggregate amount of two hundred dollars or more to | 624 |
the segregated bank account and whose contributions were used for | 625 |
making the disbursement or disbursements required to be reported | 626 |
under division (D) of this section during the period covered by | 627 |
the statement. Nothing in this division prohibits or shall be | 628 |
construed to prohibit the use of funds in such a segregated bank | 629 |
account for a purpose other than electioneering communications. | 630 |
(f) If the disbursements were paid out of funds not described | 631 |
in division (D)(1)(e) of this section, the information specified | 632 |
in division (D)(2) of this section for all contributors who | 633 |
contributed an aggregate amount of two hundred dollars or more to | 634 |
the person making the disbursement and whose contributions were | 635 |
used for making the disbursement or disbursements required to be | 636 |
reported under division (D) of this section during the period | 637 |
covered by the statement. | 638 |
(iii) If the contribution is transmitted pursuant to section | 653 |
3599.031 of the Revised Code from amounts deducted from the wages | 654 |
and salaries of two or more employees that exceed in the aggregate | 655 |
one hundred dollars during the period specified in division | 656 |
(D)(1)(e) or (f) of this section, as applicable, the full name of | 657 |
the employees' employer and the full name of the labor | 658 |
organization of which the employees are members, if any. | 659 |
(3) Subject to the secretary of state having implemented, | 662 |
tested, and verified the successful operation of any system the | 663 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 664 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 | 665 |
of the Revised Code for the filing of campaign finance statements | 666 |
by electronic means of transmission, a person shall file the | 667 |
disclosure of electioneering communications statement prescribed | 668 |
under divisions (D)(1) and (2) of this section by electronic means | 669 |
of transmission to the office of the secretary of state. | 670 |
If a filed disclosure of electioneering communications | 677 |
statement is found to be incomplete or inaccurate after its | 678 |
examination for completeness and accuracy pursuant to division | 679 |
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall | 680 |
file by electronic means of transmission to the office of the | 681 |
secretary of state any addendum, amendment, or other correction to | 682 |
the statement that provides the information necessary to complete | 683 |
or correct the statement or, if required by the secretary of state | 684 |
under that division, an amended statement. | 685 |
Within five business days after the secretary of state | 686 |
receives an addendum, amendment, or other correction to a | 687 |
disclosure of electioneering communications statement or an | 688 |
amended statement by electronic means of transmission under this | 689 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 690 |
Code, the secretary of state shall make the contribution and | 691 |
disbursement information in the addendum, amendment, or other | 692 |
correction to the statement or amended statement available online | 693 |
to the public through the internet as provided in division (I) of | 694 |
section 3517.106 of the Revised Code. | 695 |
(2) Any individual who makes a contribution or contributions | 701 |
aggregating two hundred dollars or more for the purpose of funding | 702 |
the direct costs of producing or airing an electioneering | 703 |
communication under this section shall provide the name of the | 704 |
individual's current employer, if any, or, if the individual is | 705 |
self-employed, the individual's occupation and the name of the | 706 |
individual's business, if any, to the recipient of the | 707 |
contribution at the time the contribution is made. | 708 |
(H) No person within this state, publishing a newspaper or | 776 |
other periodical, shall charge a campaign committee for political | 777 |
advertising a rate in excess of the rate such person would charge | 778 |
if the campaign committee were a general rate advertiser whose | 779 |
advertising was directed to promoting its business within the same | 780 |
area as that encompassed by the particular office that the | 781 |
candidate of the campaign committee is seeking. The rate shall | 782 |
take into account the amount of space used, as well as the type of | 783 |
advertising copy submitted by or on behalf of the campaign | 784 |
committee. All discount privileges otherwise offered by a | 785 |
newspaper or periodical to general rate advertisers shall be | 786 |
available upon equal terms to all campaign committees. | 787 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 798 |
section, no agency or department of this state or any political | 799 |
subdivision shall award any contract, other than one let by | 800 |
competitive bidding or a contract incidental to such contract or | 801 |
which is by force account, for the purchase of goods costing more | 802 |
than five hundred dollars or services costing more than five | 803 |
hundred dollars to any individual, partnership, association, | 804 |
including, without limitation, a professional association | 805 |
organized under Chapter 1785. of the Revised Code, estate, or | 806 |
trust if the individual has made or the individual's spouse has | 807 |
made, or any partner, shareholder, administrator, executor, or | 808 |
trustee or the spouse of any of them has made, as an individual, | 809 |
within the two previous calendar years, one or more contributions | 810 |
totaling in excess of one thousand dollars to the holder of the | 811 |
public office having ultimate responsibility for the award of the | 812 |
contract or to the public officer's campaign committee. | 813 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 814 |
section, no agency or department of this state or any political | 815 |
subdivision shall award any contract, other than one let by | 816 |
competitive bidding or a contract incidental to such contract or | 817 |
which is by force account, for the purchase of goods costing more | 818 |
than five hundred dollars or services costing more than five | 819 |
hundred dollars to a corporation or business trust, except a | 820 |
professional association organized under Chapter 1785. of the | 821 |
Revised Code, if an owner of more than twenty per cent of the | 822 |
corporation or business trust or the spouse of that person has | 823 |
made, as an individual, within the two previous calendar years, | 824 |
taking into consideration only owners for all of that period, one | 825 |
or more contributions totaling in excess of one thousand dollars | 826 |
to the holder of a public office having ultimate responsibility | 827 |
for the award of the contract or to the public officer's campaign | 828 |
committee. | 829 |
(K) For purposes of divisions (I) and (J) of this section, if | 830 |
a public officer who is responsible for the award of a contract is | 831 |
appointed by the governor, whether or not the appointment is | 832 |
subject to the advice and consent of the senate, excluding members | 833 |
of boards, commissions, committees, authorities, councils, boards | 834 |
of trustees, task forces, and other such entities appointed by the | 835 |
governor, the office of the governor is considered to have | 836 |
ultimate responsibility for the award of the contract. | 837 |
(L) For purposes of divisions (I) and (J) of this section, if | 838 |
a public officer who is responsible for the award of a contract is | 839 |
appointed by the elected chief executive officer of a municipal | 840 |
corporation, or appointed by the elected chief executive officer | 841 |
of a county operating under an alternative form of county | 842 |
government or county charter, excluding members of boards, | 843 |
commissions, committees, authorities, councils, boards of | 844 |
trustees, task forces, and other such entities appointed by the | 845 |
chief executive officer, the office of the chief executive officer | 846 |
is considered to have ultimate responsibility for the award of the | 847 |
contract. | 848 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 849 |
contracts awarded by the board of commissioners of the sinking | 850 |
fund, municipal legislative authorities, boards of education, | 851 |
boards of county commissioners, boards of township trustees, or | 852 |
other boards, commissions, committees, authorities, councils, | 853 |
boards of trustees, task forces, and other such entities created | 854 |
by law, by the supreme court or courts of appeals, by county | 855 |
courts consisting of more than one judge, courts of common pleas | 856 |
consisting of more than one judge, or municipal courts consisting | 857 |
of more than one judge, or by a division of any court if the | 858 |
division consists of more than one judge. This division shall | 859 |
apply to the specified entity only if the members of the entity | 860 |
act collectively in the award of a contract for goods or services. | 861 |
(N)(1) Divisions (I) and (J) of this section apply to | 864 |
contributions made to the holder of a public office having | 865 |
ultimate responsibility for the award of a contract, or to the | 866 |
public officer's campaign committee, during the time the person | 867 |
holds the office and during any time such person was a candidate | 868 |
for the office. Those divisions do not apply to contributions made | 869 |
to, or to the campaign committee of, a candidate for or holder of | 870 |
the office other than the holder of the office at the time of the | 871 |
award of the contract. | 872 |
(2) Divisions (I) and (J) of this section do not apply to | 873 |
contributions of a partner, shareholder, administrator, executor, | 874 |
trustee, or owner of more than twenty per cent of a corporation or | 875 |
business trust made before the person held any of those positions | 876 |
or after the person ceased to hold any of those positions in the | 877 |
partnership, association, estate, trust, corporation, or business | 878 |
trust whose eligibility to be awarded a contract is being | 879 |
determined, nor to contributions of the person's spouse made | 880 |
before the person held any of those positions, after the person | 881 |
ceased to hold any of those positions, before the two were | 882 |
married, after the granting of a decree of divorce, dissolution of | 883 |
marriage, or annulment, or after the granting of an order in an | 884 |
action brought solely for legal separation. Those divisions do not | 885 |
apply to contributions of the spouse of an individual whose | 886 |
eligibility to be awarded a contract is being determined made | 887 |
before the two were married, after the granting of a decree of | 888 |
divorce, dissolution of marriage, or annulment, or after the | 889 |
granting of an order in an action brought solely for legal | 890 |
separation. | 891 |
(O) No beneficiary of a campaign fund or other person shall | 892 |
convert for personal use, and no person shall knowingly give to a | 893 |
beneficiary of a campaign fund or any other person, for the | 894 |
beneficiary's or any other person's personal use, anything of | 895 |
value from the beneficiary's campaign fund, including, without | 896 |
limitation, payments to a beneficiary for services the beneficiary | 897 |
personally performs, except as reimbursement for any of the | 898 |
following: | 899 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 926 |
and no person shall knowingly give to the beneficiary of a | 927 |
campaign fund, reimbursement for an expense under division (O) of | 928 |
this section to the extent that the expense previously was | 929 |
reimbursed or paid from another source of funds. If an expense is | 930 |
reimbursed under division (O) of this section and is later paid or | 931 |
reimbursed, wholly or in part, from another source of funds, the | 932 |
beneficiary shall repay the reimbursement received under division | 933 |
(O) of this section to the extent of the payment made or | 934 |
reimbursement received from the other source. | 935 |
(Q) No candidate or public official or employee shall accept | 936 |
for personal or business use anything of value from a political | 937 |
party, political action committee, political contributing entity, | 938 |
legislative campaign fund, or campaign committee other than the | 939 |
candidate's or public official's or employee's own campaign | 940 |
committee, and no person shall knowingly give to a candidate or | 941 |
public official or employee anything of value from a political | 942 |
party, political action committee, political contributing entity, | 943 |
legislative campaign fund, or such a campaign committee, except | 944 |
for the following: | 945 |
(1) Reimbursement for legitimate and verifiable ordinary and | 946 |
necessary prior expenses not otherwise prohibited by law incurred | 947 |
by the candidate or public official or employee while engaged in | 948 |
any legitimate activity of the political party, political action | 949 |
committee, political contributing entity, legislative campaign | 950 |
fund, or such campaign committee. Without limitation, reimbursable | 951 |
expenses under this division include those incurred while doing | 952 |
any of the following: | 953 |
(2) Compensation not otherwise prohibited by law for actual | 960 |
and valuable personal services rendered under a written contract | 961 |
to the political party, political action committee, political | 962 |
contributing entity, legislative campaign fund, or such campaign | 963 |
committee for any legitimate activity of the political party, | 964 |
political action committee, political contributing entity, | 965 |
legislative campaign fund, or such campaign committee. | 966 |
Reimbursable expenses under this division do not include, and | 967 |
it is a violation of this division for a candidate or public | 968 |
official or employee to accept, or for any person to knowingly | 969 |
give to a candidate or public official or employee from a | 970 |
political party, political action committee, political | 971 |
contributing entity, legislative campaign fund, or campaign | 972 |
committee other than the candidate's or public official's or | 973 |
employee's own campaign committee, anything of value for | 974 |
activities primarily related to the candidate's or public | 975 |
official's or employee's own campaign for election, except for | 976 |
contributions to the candidate's or public official's or | 977 |
employee's campaign committee. | 978 |
(W)(1) No foreign national shall, directly or indirectly | 1042 |
through any other person or entity, make a contribution, | 1043 |
expenditure, disbursement for the direct costs of producing and | 1044 |
airing electioneering communications, or independent expenditure | 1045 |
or promise, either expressly or implicitly, to make a | 1046 |
contribution, expenditure, disbursement for the direct costs of | 1047 |
producing and airing electioneering communications, or independent | 1048 |
expenditure in support of or opposition to a candidate for any | 1049 |
elective office in this state, including an office of a political | 1050 |
party. | 1051 |
(2) No candidate, campaign committee, political action | 1052 |
committee, political contributing entity, legislative campaign | 1053 |
fund, state candidate fund, political party, or separate | 1054 |
segregated fund shall solicit or accept a contribution, | 1055 |
expenditure, disbursement for the direct costs of producing and | 1056 |
airing electioneering communications, or independent expenditure | 1057 |
from a foreign national. The secretary of state may direct any | 1058 |
candidate, committee, entity, fund, or party that accepts a | 1059 |
contribution, expenditure, disbursement for the direct costs of | 1060 |
producing and airing electioneering communications, or independent | 1061 |
expenditure in violation of this division to return the | 1062 |
contribution, expenditure, disbursement for the direct costs of | 1063 |
producing and airing electioneering communications, or independent | 1064 |
expenditure or, if it is not possible to return the contribution, | 1065 |
expenditure, disbursement for the direct costs of producing and | 1066 |
airing electioneering communications, or independent expenditure, | 1067 |
then to return instead the value of it, to the contributor. | 1068 |
(Y) The administrator of workers' compensation and the | 1096 |
employees of the bureau of workers' compensation shall not conduct | 1097 |
any business with or award any contract, other than one awarded by | 1098 |
competitive bidding, for the purchase of goods costing more than | 1099 |
five hundred dollars or services costing more than five hundred | 1100 |
dollars to any individual, partnership, association, including, | 1101 |
without limitation, a professional association organized under | 1102 |
Chapter 1785. of the Revised Code, estate, or trust, if the | 1103 |
individual has made, or the individual's spouse has made, or any | 1104 |
partner, shareholder, administrator, executor, or trustee, or the | 1105 |
spouses of any of those individuals has made, as an individual, | 1106 |
within the two previous calendar years, one or more contributions | 1107 |
totaling in excess of one thousand dollars to the campaign | 1108 |
committee of the governor or lieutenant governor or to the | 1109 |
campaign committee of any candidate for the office of governor or | 1110 |
lieutenant governor. | 1111 |
(Z) The administrator of workers' compensation and the | 1112 |
employees of the bureau of workers' compensation shall not conduct | 1113 |
business with or award any contract, other than one awarded by | 1114 |
competitive bidding, for the purchase of goods costing more than | 1115 |
five hundred dollars or services costing more than five hundred | 1116 |
dollars to a corporation or business trust, except a professional | 1117 |
association organized under Chapter 1785. of the Revised Code, if | 1118 |
an owner of more than twenty per cent of the corporation or | 1119 |
business trust, or the spouse of the owner, has made, as an | 1120 |
individual, within the two previous calendar years, taking into | 1121 |
consideration only owners for all of such period, one or more | 1122 |
contributions totaling in excess of one thousand dollars to the | 1123 |
campaign committee of the governor or lieutenant governor or to | 1124 |
the campaign committee of any candidate for the office of governor | 1125 |
or lieutenant governor. | 1126 |
(2) For the purpose of division (AA) of this section, the | 1132 |
determination of whether a corporation is a foreign corporation | 1133 |
shall be made as of the date the independent expenditure, | 1134 |
disbursement for the direct costs of producing or airing | 1135 |
electioneering communications, or contribution to another entity | 1136 |
for the purpose of funding the direct costs of producing or airing | 1137 |
electioneering communications is made. | 1138 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 1208 |
of this section, no violation of division (B) of section 3517.102 | 1209 |
of the Revised Code occurs, and the secretary of state shall not | 1210 |
refer parties to the Ohio elections commission, if the amount | 1211 |
transferred or contributed in excess of the amount permitted by | 1212 |
that division meets either of the following conditions: | 1213 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 1247 |
this section, no violation of division (C) of section 3517.102 of | 1248 |
the Revised Code occurs, and the secretary of state shall not | 1249 |
refer parties to the Ohio elections commission, if the amount | 1250 |
transferred or contributed in excess of the amount permitted to be | 1251 |
accepted by that division meets either of the following | 1252 |
conditions: | 1253 |
(Y) Any campaign committee that fails to dispose of excess | 1336 |
funds or excess aggregate contributions under division (B) of | 1337 |
section 3517.109 of the Revised Code in the manner required by | 1338 |
division (C) of that section or under division (B) of section | 1339 |
3517.1010 of the Revised Code in the manner required by division | 1340 |
(C) of that section shall give to the treasurer of state for | 1341 |
deposit into the Ohio elections commission fund created under | 1342 |
division (I) of section 3517.152 of the Revised Code all funds not | 1343 |
disposed of pursuant to those divisions. | 1344 |
(Z) Any individual, campaign committee, political action | 1345 |
committee, political contributing entity, legislative campaign | 1346 |
fund, political party, or other entity that violates any provision | 1347 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 1348 |
penalty is provided for under any other division of this section | 1349 |
shall be fined not more than one thousand dollars. | 1350 |
Sec. 3599.03. (A)(1) Except to carry on activities specified | 1388 |
in sections 3517.082 and 3517.1011, division (A)(2) of section | 1389 |
3517.1012, division (B) of section 3517.1013, and section 3599.031 | 1390 |
of the Revised Code and except as provided in divisions (D), (E), | 1391 |
and (F) of this section, noNo corporation, no nonprofit | 1392 |
corporation, and no labor organization, directly or indirectly, | 1393 |
shall pay or use, or offer, advise, consent, or agree to pay or | 1394 |
use, the corporation's money or property, or the labor | 1395 |
organization's money, including dues, initiation fees, or other | 1396 |
assessments paid by members, or property, for or in aid of or | 1397 |
oppositionto make a contribution to a political party, a | 1398 |
candidate for election or nomination to public office, a political | 1399 |
action committee including a political action committee of the | 1400 |
corporation or labor organization, or a legislative campaign fund, | 1401 |
or any organization that supports or opposes any such candidate, | 1402 |
or for any partisan political purpose, shall violate any law | 1403 |
requiring the filing of an affidavit or statement respecting such | 1404 |
use of those funds, or shall pay or use the corporation's or labor | 1405 |
organization's money for the expenses of a social fund-raising | 1406 |
event for its political action committee if an employee's or labor | 1407 |
organization member's right to attend such an event is predicated | 1408 |
on the employee's or member's contribution to the corporation's or | 1409 |
labor organization's political action committee. | 1410 |
(B)(1) No officer, stockholder, attorney, or agent of a | 1414 |
corporation or nonprofit corporation, no member, including an | 1415 |
officer, attorney, or agent, of a labor organization, and no | 1416 |
candidate, political party official, or other individual shall | 1417 |
knowingly aid, advise, solicit, or receive money or other property | 1418 |
in violation of division (A)(1) of this section. | 1419 |
(F)(1) The use by aA nonprofit corporation ofthat uses its | 1454 |
money or property for communicating information for a political | 1455 |
purpose specified in division (A) of this section is not a | 1456 |
violation of that divisionrequired to report that communication | 1457 |
as an independent expenditure or an electioneering communication | 1458 |
if the stockholders, members, donors, trustees, or officers of the | 1459 |
nonprofit corporation are the predominant recipients of the | 1460 |
communication. | 1461 |
(3) The use by aA corporation or labor organization ofthat | 1467 |
uses its money or property for communicating information for a | 1468 |
political purpose
specified in division (A) of this section is | 1469 |
not a violation of that divisionrequired to report that | 1470 |
communication as an independent expenditure or an electioneering | 1471 |
communication if it is not a communication made by mass broadcast | 1472 |
such as radio or television or made by advertising in a newspaper | 1473 |
of general circulation but is a communication sent exclusively to | 1474 |
members, employees, officers, or trustees of that labor | 1475 |
organization or shareholders, employees, officers, or directors of | 1476 |
that corporation or to members of the immediate families of any | 1477 |
such individuals or if the communication intended to be so sent | 1478 |
exclusively is unintentionally sent as well to a de minimis number | 1479 |
of other individuals. | 1480 |
(G) In addition to the laws listed in division (A) of section | 1481 |
4117.10 of the Revised Code that prevail over conflicting | 1482 |
agreements between employee organizations and public employers, | 1483 |
this section prevails over any conflicting provisions of | 1484 |
agreements between labor organizations and public employers that | 1485 |
are entered into on or after the effective date of this section | 1486 |
March 31, 2005, pursuant to Chapter 4117. of the Revised Code. | 1487 |
Sec. 5727.61. Every public utility required by law to make | 1490 |
returns, statements, or reports to the tax commissioner under | 1491 |
sections 5727.01 to 5727.62 of the Revised Code shall file | 1492 |
therewith, in such form as the commissioner prescribes, an | 1493 |
affidavit subscribed and sworn to by a person or officer having | 1494 |
knowledge of the facts setting forth that such public utility has | 1495 |
not, during the preceding year, except as permitted by sections | 1496 |
3517.082, 3599.03, and 3599.031under Title XXXV of the Revised | 1497 |
Code, directly or indirectly paid, used or offered, consented, or | 1498 |
agreed to pay or use any of its money or property for or in aid of | 1499 |
or oppositionto make a contribution to a political party, a | 1500 |
candidate for election or nomination to public office, or a | 1501 |
political action committee, or legislative campaign fund, or | 1502 |
organization that supports or opposes any such candidate or in any | 1503 |
manner used any of its money or property for any partisan | 1504 |
political purpose whatever, or for the reimbursement or | 1505 |
indemnification of any person for money or property so used. Such | 1506 |
forms of affidavit as the commissioner prescribes shall be | 1507 |
attached to or made a part of the return, statement, or report | 1508 |
required to be made by such public utility under sections 5727.01 | 1509 |
to 5727.62 of the Revised Code. | 1510 |
Sec. 5733.27. Every corporation required by law to make | 1511 |
returns, statements, or reports to the tax commissioner shall file | 1512 |
therewith, in such form as the commissioner prescribes, an | 1513 |
affidavit subscribed and sworn to by a person or officer having | 1514 |
knowledge of the facts setting forth that such corporation has | 1515 |
not, during the preceding year, except as permitted by sections | 1516 |
3517.082, 3599.03, and 3599.031under Title XXXV of the Revised | 1517 |
Code, directly or indirectly paid, used or offered, consented, or | 1518 |
agreed to pay or use any of its money or property for or in aid of | 1519 |
or oppositionto make a contribution to a political party, a | 1520 |
candidate for election or nomination to public office,
or a | 1521 |
political action committee, or legislative campaign fund, or | 1522 |
organization that supports or opposes any such candidate or in any | 1523 |
manner used any of its money or property for any partisan | 1524 |
political purpose whatever, or for the reimbursement or | 1525 |
indemnification of any person for money or property so used. Such | 1526 |
forms of affidavit as the commissioner prescribes shall be | 1527 |
attached to or made a part of the return, statement, or report | 1528 |
required to be made by such corporation. | 1529 |