As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 413

Representatives Goyal, Murray 

Cosponsors: Representatives Hagan, R., Foley, Okey, Yuko, Letson, Antonio, Ramos 

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A BILL

To amend sections 3501.05, 3517.16, and 5747.081 and

1

to enact sections 3525.01 to 3525.11 and 3525.99

2

of the Revised Code to create a public campaign

3

financing system for candidates for the office of

4

chief justice or justice of the Supreme Court.

5

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

Section 1. That sections 3501.05, 3517.16, and 5747.081 be	6
amended and sections 3525.01, 3525.02, 3525.03, 3525.04, 3525.05,	7
3525.06, 3525.07, 3525.08, 3525.09, 3525.10, 3525.11, and 3525.99	8
of the Revised Code be enacted to read as follows:	9

Sec. 3501.05.  The secretary of state shall do all of the	10
following:	11

(A) Appoint all members of boards of elections;

12

(B) Issue instructions by directives and advisories in	13
accordance with section 3501.053 of the Revised Code to members of	14
the boards as to the proper methods of conducting elections.;	15

(C) Prepare rules and instructions for the conduct of	16
elections;	17

(D) Publish and furnish to the boards from time to time a	18
sufficient number of indexed copies of all election laws then in	19
force;	20

(E) Edit and issue all pamphlets concerning proposed laws or	21
amendments required by law to be submitted to the voters;	22

(F) Prescribe the form of registration cards, blanks, and	23
records;	24

(G) Determine and prescribe the forms of ballots and the	25
forms of all blanks, cards of instructions, pollbooks, tally	26
sheets, certificates of election, and forms and blanks required by	27
law for use by candidates, committees, and boards;	28

(H) Prepare the ballot title or statement to be placed on the	29
ballot for any proposed law or amendment to the constitution to be	30
submitted to the voters of the state;	31

(I) Except as otherwise provided in section 3519.08 of the	32
Revised Code, certify to the several boards the forms of ballots	33
and names of candidates for state offices, and the form and	34
wording of state referendum questions and issues, as they shall	35
appear on the ballot;	36

(J) Except as otherwise provided in division (I)(2)(b) of	37
section 3501.38 of the Revised Code, give final approval to ballot	38
language for any local question or issue approved and transmitted	39
by boards of elections under section 3501.11 of the Revised Code;	40

(K) Receive all initiative and referendum petitions on state	41
questions and issues and determine and certify to the sufficiency	42
of those petitions;	43

(L) Require such reports from the several boards as are	44
provided by law, or as the secretary of state considers necessary;	45

(M) Compel the observance by election officers in the several	46
counties of the requirements of the election laws;	47

(N)(1) Except as otherwise provided in division (N)(2) of	48
this section, investigate the administration of election laws,	49
frauds, and irregularities in elections in any county, and report	50
violations of election laws to the attorney general or prosecuting	51
attorney, or both, for prosecution;	52

(2) On and after August 24, 1995, report a failure to comply	53
with or a violation of a provision in sections 3517.08 to 3517.13,	54
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	55
Revised Code, whenever the secretary of state has or should have	56
knowledge of a failure to comply with or a violation of a	57
provision in one of those sections, by filing a complaint with the	58
Ohio elections commission under section 3517.153 of the Revised	59
Code;.	60

(O) Make an annual report to the governor containing the	61
results of elections, the cost of elections in the various	62
counties, a tabulation of the votes in the several political	63
subdivisions, and other information and recommendations relative	64
to elections the secretary of state considers desirable;	65

(P) Prescribe and distribute to boards of elections a list of	66
instructions indicating all legal steps necessary to petition	67
successfully for local option elections under sections 4301.32 to	68
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	69

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	70
for the removal by boards of elections of ineligible voters from	71
the statewide voter registration database and, if applicable, from	72
the poll list or signature pollbook used in each precinct, which	73
rules shall provide for all of the following:	74

(1) A process for the removal of voters who have changed	75
residence, which shall be uniform, nondiscriminatory, and in	76
compliance with the Voting Rights Act of 1965 and the National	77
Voter Registration Act of 1993, including a program that uses the	78
national change of address service provided by the United States	79
postal system through its licensees;	80

(2) A process for the removal of ineligible voters under	81
section 3503.21 of the Revised Code;	82

(3) A uniform system for marking or removing the name of a	83
voter who is ineligible to vote from the statewide voter	84
registration database and, if applicable, from the poll list or	85
signature pollbook used in each precinct and noting the reason for	86
that mark or removal.	87

(R) Prescribe a general program for registering voters or	88
updating voter registration information, such as name and	89
residence changes, by boards of elections, designated agencies,	90
offices of deputy registrars of motor vehicles, public high	91
schools and vocational schools, public libraries, and offices of	92
county treasurers consistent with the requirements of section	93
3503.09 of the Revised Code;	94

(S) Prescribe a program of distribution of voter registration	95
forms through boards of elections, designated agencies, offices of	96
the registrar and deputy registrars of motor vehicles, public high	97
schools and vocational schools, public libraries, and offices of	98
county treasurers;	99

(T) To the extent feasible, provide copies, at no cost and	100
upon request, of the voter registration form in post offices in	101
this state;	102

(U) Adopt rules pursuant to section 111.15 of the Revised	103
Code for the purpose of implementing the program for registering	104
voters through boards of elections, designated agencies, and the	105
offices of the registrar and deputy registrars of motor vehicles	106
consistent with this chapter;	107

(V) Establish the full-time position of Americans with	108
Disabilities Act coordinator within the office of the secretary of	109
state to do all of the following:	110

(1) Assist the secretary of state with ensuring that there is	111
equal access to polling places for persons with disabilities;	112

(2) Assist the secretary of state with ensuring that each	113
voter may cast the voter's ballot in a manner that provides the	114
same opportunity for access and participation, including privacy	115
and independence, as for other voters;	116

(3) Advise the secretary of state in the development of	117
standards for the certification of voting machines, marking	118
devices, and automatic tabulating equipment.	119

(W) Establish and maintain a computerized statewide database	120
of all legally registered voters under section 3503.15 of the	121
Revised Code that complies with the requirements of the "Help	122
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	123
and provide training in the operation of that system;	124

(X) Ensure that all directives, advisories, other	125
instructions, or decisions issued or made during or as a result of	126
any conference or teleconference call with a board of elections to	127
discuss the proper methods and procedures for conducting	128
elections, to answer questions regarding elections, or to discuss	129
the interpretation of directives, advisories, or other	130
instructions issued by the secretary of state are posted on a web	131
site of the office of the secretary of state as soon as is	132
practicable after the completion of the conference or	133
teleconference call, but not later than the close of business on	134
the same day as the conference or teleconference call takes	135
place.;	136

(Y) Publish a report on a web site of the office of the	137
secretary of state not later than one month after the completion	138
of the canvass of the election returns for each primary and	139
general election, identifying, by county, the number of absent	140
voter's ballots cast and the number of those ballots that were	141
counted, and the number of provisional ballots cast and the number	142
of those ballots that were counted, for that election. The	143
secretary of state shall maintain the information on the web site	144
in an archive format for each subsequent election.	145

(Z) Conduct voter education outlining voter identification,	146
absent voters ballot, provisional ballot, and other voting	147
requirements;	148

(AA) Establish a procedure by which a registered elector may	149
make available to a board of elections a more recent signature to	150
be used in the poll list or signature pollbook produced by the	151
board of elections of the county in which the elector resides;	152

(BB) Disseminate information, which may include all or part	153
of the official explanations and arguments, by means of direct	154
mail or other written publication, broadcast, or other means or	155
combination of means, as directed by the Ohio ballot board under	156
division (F) of section 3505.062 of the Revised Code, in order to	157
inform the voters as fully as possible concerning each proposed	158
constitutional amendment, proposed law, or referendum;	159

(CC) Be the single state office responsible for the	160
implementation of the "Uniformed and Overseas Citizens Absentee	161
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	162
et seq., as amended, in this state. The secretary of state may	163
delegate to the boards of elections responsibilities for the	164
implementation of that act, including responsibilities arising	165
from amendments to that act made by the "Military and Overseas	166
Voter Empowerment Act," Subtitle H of the National Defense	167
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123	168
Stat. 3190.	169

(DD) Administer the Ohio public financing program under	170
Chapter 3525. of the Revised Code;	171

(EE) Perform other duties required by law.

172

Whenever a primary election is held under section 3513.32 of	173
the Revised Code or a special election is held under section	174
3521.03 of the Revised Code to fill a vacancy in the office of	175
representative to congress, the secretary of state shall establish	176
a deadline, notwithstanding any other deadline required under the	177
Revised Code, by which any or all of the following shall occur:	178
the filing of a declaration of candidacy and petitions or a	179
statement of candidacy and nominating petition together with the	180
applicable filing fee; the filing of protests against the	181
candidacy of any person filing a declaration of candidacy or	182
nominating petition; the filing of a declaration of intent to be a	183
write-in candidate; the filing of campaign finance reports; the	184
preparation of, and the making of corrections or challenges to,	185
precinct voter registration lists; the receipt of applications for	186
absent voter's ballots or armed serviceuniformed services or	187
overseas absent voter's ballots; the supplying of election	188
materials to precincts by boards of elections; the holding of	189
hearings by boards of elections to consider challenges to the	190
right of a person to appear on a voter registration list; and the	191
scheduling of programs to instruct or reinstruct election	192
officers.	193

In the performance of the secretary of state's duties as the	194
chief election officer, the secretary of state may administer	195
oaths, issue subpoenas, summon witnesses, compel the production of	196
books, papers, records, and other evidence, and fix the time and	197
place for hearing any matters relating to the administration and	198
enforcement of the election laws.	199

In any controversy involving or arising out of the adoption	200
of registration or the appropriation of funds for registration,	201
the secretary of state may, through the attorney general, bring an	202
action in the name of the state in the court of common pleas of	203
the county where the cause of action arose or in an adjoining	204
county, to adjudicate the question.	205

In any action involving the laws in Title XXXV of the Revised	206
Code wherein the interpretation of those laws is in issue in such	207
a manner that the result of the action will affect the lawful	208
duties of the secretary of state or of any board of elections, the	209
secretary of state may, on the secretary of state's motion, be	210
made a party.	211

The secretary of state may apply to any court that is hearing	212
a case in which the secretary of state is a party, for a change of	213
venue as a substantive right, and the change of venue shall be	214
allowed, and the case removed to the court of common pleas of an	215
adjoining county named in the application or, if there are cases	216
pending in more than one jurisdiction that involve the same or	217
similar issues, the court of common pleas of Franklin county.	218

Public high schools and vocational schools, public libraries,	219
and the office of a county treasurer shall implement voter	220
registration programs as directed by the secretary of state	221
pursuant to this section.	222

Sec. 3517.16.  (A) There is hereby created in the state	223
treasury the Ohio political party fund. All moneys received as a	224
result of individuals exercising the checkoff option on their	225
state income tax returns provided for in division (A) of section	226
5747.081 of the Revised Code shall be deposited in the fund. The	227
tax commissioner shall pay money from the fund to the auditor of	228
state and to political parties in the manner described in division	229
(B) of this section.	230

(B)(1) The auditor of state annually shall submit a report to	231
the tax commissioner estimating the costs that the auditor of	232
state will incur during that year in conducting audits under	233
section 3517.17 of the Revised Code. The tax commissioner shall	234
pay to the auditor of state, from the Ohio political party fund,	235
moneys sufficient to pay the auditor of state's estimated costs of	236
the audits referred to in this division.	237

(2) After the costs of audits are deducted under division	238
(B)(1) of this section, the tax commissioner shall pay any moneys	239
remaining in the fund only to political parties qualifying for	240
them under division (B) of section 3517.17 of the Revised Code.	241

Sec. 3525.01. As used in this chapter:

242

(A) "Campaign committee," "candidate," and "contribution"	243
have the same meanings as in section 3517.01 of the Revised Code.	244

(B) "Certified candidate" means a candidate for the office of	245
chief justice or justice of the supreme court, who chooses to	246
participate in the public financing program established by this	247
chapter and who is certified as a public financing program	248
candidate under section 3525.05 of the Revised Code.	249

(C) "Fund" means the Ohio public financing program fund	250
created by section 3525.03 of the Revised Code.	251

(D) "Nonparticipating candidate" means a candidate for the	252
office of chief justice or justice of the supreme court, who does	253
not choose to participate in the public financing program	254
established by this chapter, who is not seeking to be certified as	255
a public financing program candidate under section 3525.05 of the	256
Revised Code, or both.	257

(E) "Participating candidate" means a candidate for the	258
office of chief justice or justice of the supreme court, who	259
chooses to participate in the public financing program established	260
by this chapter and who is seeking to be certified as a public	261
financing program candidate under section 3525.05 of the Revised	262
Code.	263

(F) "Qualifying contribution" means a contribution to which	264
all of the following apply:	265

(1) The contribution is for twenty-five dollars and in the	266
form of a check or money order signed by the contributor and made	267
payable to the Ohio public financing program fund in support of a	268
candidate.	269

(2) The contribution is made by a person registered to vote	270
in this state whose voter registration has been verified by the	271
applicable board of elections.	272

(3) The contribution is made during the designated qualifying	273
period.	274

(4) The contributor acknowledges that the contribution was	275
made with the contributor's personal funds, was made in support of	276
the candidate, and was not given in exchange for anything of	277
value, on a form provided by the secretary of state.	278

(5) The candidate acknowledges that the contribution was	279
obtained with the candidate's knowledge and approval and that	280
nothing of value was given in exchange for the contribution, on a	281
form provided by the secretary of state.	282

(G) "Qualifying period" means the period beginning on the	283
first day of October in the year preceding the year in which the	284
candidate is seeking election to office and ending at five p.m. on	285
the day of the primary election.	286

Sec. 3525.02. (A) This chapter establishes a public campaign	287
financing option for candidates for the offices of chief justice	288
and justice of the supreme court. The secretary of state shall	289
administer the public campaign financing system established	290
pursuant to this chapter and the Ohio public financing program	291
fund established under section 3525.03 of the Revised Code.	292
Neither this section nor any other section of the Revised Code	293
exempts, or shall be construed to exempt, candidates who are	294
participating in the public campaign financing system from	295
complying with any otherwise applicable election or campaign	296
finance law or rule.	297

(B) The public campaign financing system established pursuant	298
to this chapter initially shall be available to candidates for the	299
offices of chief justice and justice of the supreme court for	300
elections to be held in the year 2014 and shall be available to	301
candidates for those offices in all subsequent elections.	302

(C) If the balance in the Ohio public financing fund exceeds	303
six million dollars following a year in which one or more	304
candidates for the office of chief justice or justice of the	305
supreme court have received public financing under this chapter,	306
the secretary of state, by rule, shall extend the public financing	307
system to candidates for the office of judge of a court of	308
appeals. In prescribing rules under this division, the secretary	309
of state may adjust the amounts of qualifying contributions a	310
candidate is required to receive, the value of contributions that	311
a candidate may accept to establish the candidate's campaign and	312
fund any applicable primary election, and any other similar number	313
or value as the secretary of state deems appropriate, so that the	314
public financing system for judges for a court of appeals operates	315
in a substantially similar manner to the operation of the public	316
financing system for candidates for the office of chief justice	317
and justice of the supreme court.	318

Sec. 3525.03. (A) There is hereby created in the state	319
treasury the Ohio public financing program fund to finance the	320
election campaigns of candidates for the office of chief justice	321
and justice of the supreme court, who are certified public	322
financing program candidates, and to pay administrative and	323
enforcement costs incurred by the secretary of state related to	324
the administration of the Ohio public financing program. Any	325
interest generated by the fund shall be credited to the fund.	326

(B) All of the following moneys shall be deposited into the	327
Ohio public financing program fund:	328

(1) Qualifying contributions that are required to be	329
submitted to the secretary of state under section 3525.05 of the	330
Revised Code;	331

(2) Any moneys a candidate receives pursuant to section	332
3525.04 of the Revised Code for campaign origination and primary	333
election purposes that remain unspent after the primary election;	334

(3) Moneys distributed from the fund to a certified candidate	335
that remain unspent after the conclusion of the general election	336
at which the candidate is seeking election;	337

(4) Moneys distributed from the fund to a certified candidate	338
who withdraws as a candidate or whose certification is revoked	339
under section 3525.09 of the Revised Code;	340

(5) All moneys received as a result of individuals exercising	341
the designation option on their state income tax returns provided	342
for in division (B) of section 5747.081 of the Revised Code;	343

(6) Fines imposed by the secretary of state under section	344
3525.99 of the Revised Code and moneys required to be returned to	345
the fund under that section.	346

(C) If the secretary of state determines that the fund will	347
not have sufficient moneys to cover the likely demand for moneys	348
from the Ohio public financing fund in an upcoming election, by	349
the first day of January the secretary of state shall provide a	350
report of the secretary's projections of the balances in the fund	351
to the governor, the speaker of the house of representatives, the	352
president of the senate, and the chief justice of the supreme	353
court.	354

Sec. 3525.04. (A) A participating candidate shall file a	355
declaration of intent to seek certification as a public financing	356
program candidate and otherwise comply with the requirements of	357
this chapter. Except as otherwise provided by rule of the	358
secretary of state under section 3525.10 of the Revised Code, a	359
participating candidate shall file the declaration of intent with	360
the secretary of state prior to or during the qualifying period	361
for the election in which the candidate is seeking to become a	362
certified candidate, and within five days of collecting any	363
qualifying contributions under this chapter. The declaration of	364
intent shall be filed on a form and in accordance with procedures	365
developed by the secretary of state.	366

(B) After becoming a candidate, but prior to certification as	367
a certified candidate, a participating candidate may accept	368
contributions only in accordance with this section and section	369
3525.05 of the Revised Code.	370

(C)(1) A participating candidate may accept contributions	371
aggregating not more than one hundred thousand dollars for the	372
purpose of originating the candidate's campaign and funding the	373
candidate's primary election campaign, if any. Contributions	374
accepted under this division are subject to any applicable limits	375
established under section 3517.102 of the Revised Code or	376
established by the supreme court pursuant to its authority under	377
Article IV, Section 5 of the Ohio Constitution.	378

A participating candidate shall limit the candidate's	379
expenditures for the purpose of originating the candidate's	380
campaign and funding the candidate's primary election to the	381
amount of contributions received under this division.	382

(2) In addition to the statements required to be filed under	383
Chapter 3517. of the Revised Code, a participating candidate or a	384
certified candidate shall file a statement, not later than seven	385
days after the primary election, identifying the amount of	386
contributions that the candidate's campaign committee received	387
under division (C)(1) of this section and the amount of those	388
contributions that remain unspent as of the day of the primary	389
election. The campaign committee of a participating candidate or	390
certified candidate shall pay any amounts remaining unspent as of	391
the day of the primary election into the Ohio public financing	392
program fund established under section 3525.03 of the Revised Code	393
not later than the seventh day after the day of the primary	394
election.	395

Sec. 3525.05. (A)(1) In order to qualify for certification as	396
a public financing candidate, a participating candidate shall	397
obtain five hundred qualifying contributions during the qualifying	398
period.	399

No payment, gift, or anything of value shall be given in	400
exchange for a qualifying contribution.	401

(2) A candidate may pay the fee for a money order that is a	402
qualifying contribution in the amount of five dollars as long as	403
the contributor making the qualifying contribution pays the five	404
dollar amount reflected on the money order. Any money order fees	405
paid by a participating candidate shall be paid for with	406
contributions received pursuant to section 3525.04 of the Revised	407
Code and reported in accordance with rules adopted by the	408
secretary of state. A money order shall be signed by the	409
contributor to be a valid qualifying contribution. The secretary	410
of state may establish, by rule, a procedure for qualifying	411
contributions to be made by a credit or debit transaction and by	412
electronic funds transfer over the internet. Records containing	413
information provided by contributions who have made qualifying	414
contributions over the internet are confidential, except for the	415
following information:	416

(a) The name and residential address of the individual making	417
the contribution;	418

(b) The date of the contribution;

419

(c) The name and office sought of the candidate in whose	420
support the contribution was made.	421

(3) No participating candidate or agent of a participating	422
candidate shall misrepresent the purpose of soliciting qualifying	423
contributions and obtaining the contributor's signed	424
acknowledgment.	425

(B) Participating candidates shall submit all qualifying	426
contributions received, along with their associated acknowledgment	427
forms, to the secretary of state during the qualifying period. The	428
secretary of state shall develop procedures for the submission of	429
qualifying contributions and required information under this	430
division.	431

(C) After receiving all of the qualifying contributions from	432
a participating candidate under division (B) of this section, the	433
secretary of state shall determine whether the candidate has done	434
all of the following:	435

(1) Signed and filed a declaration of intent under section	436
3525.04 of the Revised Code;	437

(2) Submitted the appropriate number of valid qualifying	438
contributions;	439

(3) Qualified as a candidate for the office for which the	440
person is seeking election;	441

(4) Not accepted contributions other than contributions for	442
originating the candidate's campaign and funding the candidate's	443
primary election under section 3525.04 of the Revised Code and	444
qualifying contributions;	445

(5) Not been found to have made a material false statement in	446
a report or other document submitted to the secretary of state	447
under this chapter;	448

(6) Not had prior requests for certification denied on the	449
basis of substantial violations of this chapter or Chapter 3517.	450
of the Revised Code or had a prior certification revoked under	451
section 3525.09 of the Revised Code;	452

(7) Not failed to pay any fine assessed by the secretary of	453
state under this chapter, except that a candidate has three	454
business days from the date of the request for certification to	455
pay any outstanding fines and remain eligible for certification;	456

(8) Otherwise complied with the requirements for	457
participation in the Ohio public financing program.	458

(D) Except as otherwise provided in this division, if the	459
secretary of state determines that the participating candidate has	460
complied with divisions (C)(1) to (8) of this section, the	461
secretary of state shall certify the candidate as a public	462
financing program candidate as soon as possible, and in no event	463
later than three days after the candidate's final submission of	464
qualifying contributions and required information. The secretary	465
of state may take additional time to certify a participating	466
candidate if further investigation is necessary to verify	467
compliance with divisions (C)(1) to (8) of this section, as long	468
as the secretary of state notifies the candidate regarding the	469
anticipated schedule for the conclusion of the investigation.	470

(E)(1) After a candidate has been certified by the secretary	471
of state under division (D) of this section, the candidate shall	472
limit the candidate's general election campaign expenditures to	473
the moneys distributed to the candidate from the Ohio public	474
financing program fund and shall not accept any other	475
contributions for that election unless authorized by the secretary	476
of state. Certified candidates may also accept and spend interest	477
earned on fund moneys that have been distributed to the candidate	478
and kept in campaign accounts. All moneys distributed to certified	479
candidates from the fund shall only be used for campaign-related	480
purposes. No candidate, campaign committee, campaign treasurer, or	481
agent of a candidate or campaign committee shall use moneys	482
distributed to a candidate from the fund for any purpose other	483
than campaign-related purposes. The secretary of state shall	484
prepare and publish guidelines specifying what expenditures	485
constitute permissible campaign-related expenditures.	486

(2) No certified candidate shall serve as a treasurer or	487
deputy treasurer for that candidate's campaign.	488

As used in this division, "treasurer" means a campaign	489
treasurer appointed under division (D) of section 3517.10 of the	490
Revised Code, and "deputy treasurer" means a deputy campaign	491
treasurer permitted to be appointed under division (A) of section	492
3517.081 of the Revised Code.	493

(3) No candidate and no person who later becomes a candidate,	494
who is seeking certification as a clean election program	495
candidate, and no agent of such a candidate or person shall assist	496
another person in qualifying as a candidate for the same office,	497
if such a candidacy would result in the distribution of moneys	498
from the fund under section 3525.06 of the Revised Code for	499
certified candidates in a contested election.	500

(4) A candidate shall not make expenditures using moneys	501
distributed from the fund to pay the candidate or a sole	502
proprietorship of the candidate for campaign-related services.	503

(5) A candidate shall not make expenditures using moneys	504
distributed from the fund to pay a member of the candidate's	505
immediate family or household, or a business, corporation, or	506
nonprofit entity in which the candidate or a member of the	507
candidate's immediate family or household holds a significant	508
proprietary or financial interest, unless the candidate submits	509
evidence according to procedures established by the secretary of	510
state that the expenditure will be made:	511

(a) For a legitimate campaign-related purpose;

512

(b) To an individual or business that provides goods or	513
services being purchased in the normal course of the person's	514
occupation or business operation;	515

(c) In an amount that is reasonable, taking into	516
consideration current market value and other factors that the	517
secretary of state may choose to consider.	518

Division (E)(5) of this section shall not prohibit	519
reimbursement to a member of the candidate's household when made	520
in accordance with this chapter and rules adopted by the secretary	521
of state.	522

(F) No certified candidate shall fail to comply with any of	523
the requirements of this chapter after certification and	524
throughout the primary and general election periods.	525

Sec. 3525.06. (A)(1) Within three days after a certified	526
candidate files the statement required under division (C)(2) of	527
section 3525.04 of the Revised Code and the campaign committee of	528
that candidate pays any remaining campaign origination and primary	529
election moneys into the Ohio public financing program fund under	530
that division, the secretary of state shall distribute to the	531
certified candidate moneys from the Ohio public financing program	532
fund.	533

(2) The secretary of state shall adopt rules under Chapter	534
119. of the Revised Code specifying the manner in which moneys	535
shall be distributed under this section. Those rules shall include	536
provisions to ensure that the moneys are distributed in an	537
expeditious manner, using a method that ensures accountability and	538
safeguards the integrity of the fund.	539

(3) The candidate or the candidate's campaign committee	540
authorized under Chapter 3517. of the Revised Code shall deposit	541
all moneys received from the fund in a campaign account maintained	542
in a bank or other financial institution. The campaign funds shall	543
be segregated from, and shall not be commingled with, any other	544
funds.	545

(B)(1) Not later than July 1, 2013, and at least every four	546
years after that date, the secretary of state shall determine the	547
amount of moneys that is to be distributed to certified	548
candidates. The amount of moneys to be distributed shall be the	549
average amount of campaign expenditures made by each candidate's	550
campaign committee during all general election races for the	551
immediately preceding two general elections for the respective	552
office, as determined by combining the expenditures reported on	553
the pregeneral and postgeneral statements of contributions and	554
expenditures filed by campaign committees of candidates for the	555
respective office under section 3517.10 of the Revised Code.	556

(2) If, in the opinion of the secretary of state, the	557
immediately preceding two election cycles do not contain	558
sufficient electoral data to make the calculations required under	559
division (B)(1) of this section, the secretary of state shall use	560
information from the most recent applicable elections.	561

(3) If the public financing program is extended to candidates	562
for the office of judge of a court of appeals pursuant to division	563
(C) of section 3525.02 of the Revised Code, the amount to be	564
distributed to a certified candidate for the office of judge of a	565
court of appeals shall be one hundred thousand dollars.	566

(C) The secretary of state shall not distribute moneys to	567
certified candidates in excess of the total amount of money	568
credited to the fund under division (B) of section 3525.03 of the	569
Revised Code. Notwithstanding any provision of this chapter to the	570
contrary, if the secretary of state determines that the fund is	571
insufficient to fulfill the required distributions under division	572
(A) of this section, the secretary of state may permit, in	573
accordance with rules adopted by the secretary of state, certified	574
candidates to receive and expend contributions, subject to	575
contribution limits applicable under section 3517.102 of the	576
Revised Code or established by the supreme court pursuant to its	577
authority under Article IV, Section 5 of the Ohio Constitution, up	578
to the applicable limit for distribution under division (B) of	579
this section.	580

Sec. 3525.07. (A) Notwithstanding any provision of the	581
Revised Code to the contrary, participating candidates and	582
certified candidates shall report any contributions received,	583
expenditures made, and obligations and related activities to the	584
secretary of state in accordance with procedures the secretary of	585
state shall develop. In developing the reporting procedures, the	586
secretary of state shall utilize the existing campaign finance	587
reporting requirements of Chapter 3517. of the Revised Code	588
whenever practicable. The secretary of state shall ensure timely	589
public access to campaign finance data reported under this section	590
and may use electronic means of reporting and storing information.	591

(B) If a certified candidate pays moneys received from the	592
Ohio public financing program fund to a member of the candidate's	593
immediate family or household or a business or nonprofit entity	594
affiliated with a member of the candidate's immediate family or	595
household, the candidate shall disclose the family or household	596
relationship in the manner prescribed by the secretary of state.	597

(C) The treasurer of a campaign committee of a participating	598
candidate or a certified candidate shall obtain and keep all of	599
the following:	600

(1) Bank or other account statements for the campaign account	601
covering the duration of the campaign;	602

(2) A vendor invoice stating the particular goods or services	603
purchased for every expenditure of fifty dollars or more;	604

(3) A record proving that a vendor received payment for every	605
expenditure of fifty dollars or more in the form of a canceled	606
check, cash receipt from the vendor, or a bank or credit card	607
statement identifying the vendor as the payee.	608

The treasurer shall preserve the records for two years	609
following the candidate's final campaign finance report under	610
Chapter 3517. of the Revised Code for the applicable election	611
period. The candidate and treasurer shall submit photocopies of	612
the records to the secretary of state upon request.	613

(D) The secretary of state shall audit the campaigns of the	614
candidates who receive funds under this chapter to verify	615
compliance with election and campaign laws and rules. Within one	616
month of declaring an intention to qualify for public financing, a	617
candidate for the office of chief justice or justice of the	618
supreme court, the treasurer of the candidate's campaign	619
committee, and any other relevant campaign staff shall meet with	620
the staff of the office of the secretary of state to discuss audit	621
standards, expenditure guidelines, and recordkeeping requirements.	622

Sec. 3525.08. Upon the filing of a final report under section	623
3525.07 of the Revised Code for the general election for which the	624
candidate received public financing program funds, the campaign	625
committee of a certified candidate shall return all unspent	626
distributed moneys to the secretary of state for deposit into the	627
Ohio public financing program fund.	628

Sec. 3525.09. (A) The certification of a certified candidate	629
may be revoked at any time if the secretary of state determines	630
that the candidate or an agent of the candidate did any of the	631
following:	632

(1) Failed to submit the required number of valid qualifying	633
contributions;	634

(2) Failed to qualify as a candidate for the office for which	635
the person is seeking election;	636

(3) Submitted any fraudulent qualifying contributions or	637
qualifying contributions that were not made by the named	638
contributor;	639

(4) Misrepresented to a contributor the purpose of the	640
qualifying contribution or the purpose of obtaining the	641
contributor's signature on the receipt and acknowledgement form;	642

(5) Except as otherwise provided in section 3525.04 of the	643
Revised Code, knowingly accepted any contributions, including any	644
in-kind contributions, or used funds other than Ohio public	645
financing program fund moneys distributed under this chapter, to	646
make campaign-related expenditures without the permission of the	647
secretary of state;	648

(6) Knowingly made a false statement or material	649
misrepresentation in any report or other document required to be	650
filed under this chapter or Chapter 3517. of the Revised Code;	651

(7) Otherwise substantially violated the provisions of this	652
chapter or Chapter 3517. of the Revised Code.	653

(B) A candidate whose certification may be revoked shall be	654
provided with the opportunity for a hearing on the potential	655
revocation. A candidate whose certification is revoked shall	656
return all unspent funds to the secretary of state within three	657
days after the secretary of state's decision and may be required	658
to return all funds distributed to the candidate. In addition to	659
the requirement to return funds, the candidate may be required to	660
pay a fine under section 3525.99 of the Revised Code. The	661
candidate may appeal the secretary of state's decision to revoke	662
certification under division (C)(3) of this section.	663

(C) A candidate who has been denied certification as a public	664
financing program candidate, the opponent of a candidate who has	665
been granted that certification, or any other interested person	666
may challenge the secretary of state's decision denying or	667
granting the certification as follows:	668

(1) A challenger may appeal to the secretary of state within	669
seven days after the certification decision. The appeal shall be	670
in writing and set forth the reasons for the appeal.	671

(2) Except as otherwise provided in this division, within	672
five days after an appeal is properly made and after the secretary	673
of state provides notice to the challenger and any opponents of	674
that challenger, the secretary of state shall hold a hearing on	675
the appeal. The secretary of state may extend the five-day period	676
upon agreement of the challenger and the candidate whose	677
certification is the subject of the appeal or in response to the	678
request of either party upon a showing of good cause. The	679
challenger has the burden of proving that the secretary of state's	680
decision denying or granting certification was in error as a	681
matter of law or was based on factual error. The secretary of	682
state shall rule on the appeal within five business days after the	683
hearing.	684

(3)(a) Within five days after the secretary of state rules on	685
an appeal under division (C)(2) of this section, a challenger may	686
appeal that ruling by commencing an action in the court of common	687
pleas of Franklin county. The court shall conduct a hearing on the	688
appeal within ten days after the date of the secretary of state's	689
ruling under division (C)(2) of this section and shall issue a	690
written decision containing findings of fact and conclusions of	691
law within twenty days after the date of the secretary of state's	692
ruling. Upon timely application, any person may intervene in the	693
appeal if the applicant claims an interest relating to the	694
certification decision, unless the applicant's interest is	695
adequately represented by existing parties to the appeal.	696

(b) Any aggrieved party may appeal the decision of the court	697
of common pleas by filing a notice of appeal within three days	698
after the court renders its decision under division (C)(3)(a) of	699
this section. The record on appeal shall be transmitted to the	700
court of appeals within three days after the notice of appeal is	701
filed. After the filing of the notice of appeal, the parties shall	702
file their briefs and appendices with the clerk of the court of	703
appeals within four days. As soon as the record and briefs have	704
been so filed, the court of appeals shall consider the case. The	705
court of appeals shall issue its decision within fourteen days	706
after the date of the decision of the court of common pleas.	707

(4) If the secretary of state, a court of common pleas, or a	708
court of appeals determines that an appeal was made under this	709
section frivolously or for the purpose of causing delay or	710
hardship, the secretary of state or court may order the challenger	711
to pay the costs incurred by the secretary of state, opposing	712
parties, or the court in relation to the appeal.	713

(D) A candidate whose certification as a public financing	714
program candidate is revoked on an appeal under this section shall	715
return to the secretary of state any unspent moneys the secretary	716
of state distributed to that candidate under division (A) of	717
section 3525.06 of the Revised Code. Those moneys shall be	718
deposited into the Ohio public financing program fund.	719

Sec. 3525.10. The secretary of state shall adopt rules under	720
Chapter 119. of the Revised Code to ensure the effective	721
administration of this chapter. Those rules shall include, but are	722
not limited to, procedures for all of the following:	723

(A) Obtaining qualifying contributions;

724

(B) Certification as a public financing program candidate;

725

(C) The operation of the Ohio public financing program as it	726
applies to ballot vacancies, candidate withdrawals, and	727
replacement candidates;	728

(D) The operation of the Ohio public financing program as it	729
applies to special elections and recounts;	730

(E) Collection of moneys for the fund;

731

(F) Distribution of moneys to certified candidates;

732

(G) Return of unspent distributions to the fund;

733

(H) Disposition of equipment purchased with moneys	734
distributed from the fund;	735

(I) Compliance with the Ohio public financing program.

736

Sec. 3525.11. Not later than January 31, 2015, and every year	737
after that date, the secretary of state shall prepare and submit	738
to the governor, the speaker of the house of representatives, the	739
president of the senate, and the chief justice of the supreme	740
court a report documenting, evaluating, and making recommendations	741
relating to the administration, implementation, and enforcement of	742
the Ohio public financing program and the Ohio public financing	743
program fund.	744

Sec. 3525.99. (A) If the secretary of state finds that a	745
violation of any provision of this chapter has occurred, the	746
secretary of state shall impose a fine upon the violator in	747
accordance with division (B) of this section. In determining	748
whether a candidate has violated the expenditure limits of this	749
chapter, the secretary of state may consider as a mitigating	750
factor any circumstances out of the candidate's control. In	751
addition to any fine, for good cause shown, the secretary of state	752
may require a candidate, treasurer, consultant, or other agent of	753
the candidate or campaign committee found to be in violation of	754
this chapter or the secretary of state's rules to return to the	755
secretary of state all moneys distributed to that candidate under	756
division (A) of section 3525.06 of the Revised Code for deposit	757
into the Ohio public financing program fund.	758

(B)(1) A participating candidate who accepts contributions or	759
makes expenditures in violation of division (C)(1) of section	760
3525.04 of the Revised Code shall be fined an amount equal to	761
three times the amount accepted or expended in violation of that	762
division and shall be ineligible for certification as a public	763
financing program candidate under section 3525.05 of the Revised	764
Code.	765

(2) A certified candidate who accepts contributions or makes	766
expenditures in violation of division (E)(1) of section 3525.05 of	767
the Revised Code shall be fined an amount equal to three times the	768
amount accepted or expended in violation of that division and	769
shall return to the secretary of state all moneys distributed to	770
the candidate under division (A) of section 3525.06 of the Revised	771
Code for deposit into the Ohio public financing program fund.	772

(3) Whoever violates any other provision of this chapter	773
shall be fined an amount not to exceed ten thousand dollars.	774

(C) Fines imposed under this section shall be paid into the	775
Ohio public financing program fund.	776

Sec. 5747.081. An individual whose state income tax	777
liability for a tax year is one dollar or more may designate that	778
one dollar be paid into the Ohio political party fund to be	779
divided among qualifying political parties. If a husband and wife	780
who file a joint tax return have a tax liability of two dollars or	781
more, each spouse may designate that one dollar be paid into the	782
fund. The(A) An individual taxpayer whose net tax liability under	783
this chapter for the taxable year for which the return is filed is	784
one dollar or more, or two dollars or more in the case of a joint	785
return, may designate on the return that one dollar, or one or two	786
dollars in the case of a joint return, be paid into the Ohio	787
political party fund created in section 3517.16 of the Revised	788
Code.	789

(B) An individual taxpayer whose net liability under this	790
chapter for the taxable year for which the return is filed is	791
fifty dollars or more may designate that fifty dollars be paid	792
into the Ohio public financing program fund created in section	793
3525.03 of the Revised Code. If two individuals file a joint	794
return and their net tax liability is one hundred dollars or more,	795
each individual may designate that fifty dollars be paid into the	796
fund. This division does not apply to an individual who claims a	797
credit under section 5747.29 of the Revised Code for the taxable	798
year for which the return is filed.	799

(C) The tax commissioner shall provide, on the face of the	800
individual income tax return form, a place where a taxpayer may	801
make the designationdesignations authorized in this section. The	802
tax commissioner shall include language informing the taxpayer of	803
the purpose of theeach designation and indicating that a	804
designation will not increase or decrease the taxpayer's tax	805
liability.	806

Section 2. That existing sections 3501.05, 3517.16, and	807
5747.081 of the Revised Code are hereby repealed.	808