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| To amend sections 3517.13 and 3517.992 of the Revised | 1 |
| Code to prohibit a person who holds an elective | 2 |
| office and who is a candidate from using public | 3 |
| funds to mail to individuals unsolicited | 4 |
| applications for absent voter's ballots that | 5 |
| contain the name of the candidate or an image of | 6 |
| the candidate's signature. | 7 |
| Section 1. That sections 3517.13 and 3517.992 of the Revised | 8 |
| Code be amended to read as follows: | 9 |
| Sec. 3517.13. (A)(1) No campaign committee of a statewide | 10 |
| candidate shall fail to file a complete and accurate statement | 11 |
| required under division (A)(1) of section 3517.10 of the Revised | 12 |
| Code. | 13 |
| (2) No campaign committee of a statewide candidate shall fail | 14 |
| to file a complete and accurate monthly statement, and no campaign | 15 |
| committee of a statewide candidate or a candidate for the office | 16 |
| of chief justice or justice of the supreme court shall fail to | 17 |
| file a complete and accurate two-business-day statement, as | 18 |
| required under section 3517.10 of the Revised Code. | 19 |
| As used in this division, "statewide candidate" has the same | 20 |
| meaning as in division (F)(2) of section 3517.10 of the Revised | 21 |
| Code. | 22 |
| (B) No campaign committee shall fail to file a complete and | 23 |
| accurate statement required under division (A)(1) of section | 24 |
| 3517.10 of the Revised Code. | 25 |
| (C) No campaign committee shall fail to file a complete and | 26 |
| accurate statement required under division (A)(2) of section | 27 |
| 3517.10 of the Revised Code. | 28 |
| (D) No campaign committee shall fail to file a complete and | 29 |
| accurate statement required under division (A)(3) or (4) of | 30 |
| section 3517.10 of the Revised Code. | 31 |
| (E) No person other than a campaign committee shall knowingly | 32 |
| fail to file a statement required under section 3517.10 or | 33 |
| 3517.107 of the Revised Code. | 34 |
| (F) No person shall make cash contributions to any person | 35 |
| totaling more than one hundred dollars in each primary, special, | 36 |
| or general election. | 37 |
| (G)(1) No person shall knowingly conceal or misrepresent | 38 |
| contributions given or received, expenditures made, or any other | 39 |
| information required to be reported by a provision in sections | 40 |
| 3517.08 to 3517.13 and 3517.17 of the Revised Code. | 41 |
| (2)(a) No person shall make a contribution to a campaign | 42 |
| committee, political action committee, political contributing | 43 |
| entity, legislative campaign fund, political party, or person | 44 |
| making disbursements to pay the direct costs of producing or | 45 |
| airing electioneering communications in the name of another | 46 |
| person. | 47 |
| (b) A person does not make a contribution in the name of | 48 |
| another when either of the following applies: | 49 |
| (i) An individual makes a contribution from a partnership or | 50 |
| other unincorporated business account, if the contribution is | 51 |
| reported by listing both the name of the partnership or other | 52 |
| unincorporated business and the name of the partner or owner | 53 |
| making the contribution as required under division (I) of section | 54 |
| 3517.10 of the Revised Code. | 55 |
| (ii) A person makes a contribution in that person's spouse's | 56 |
| name or in both of their names. | 57 |
| (H) No person within this state, publishing a newspaper or | 58 |
| other periodical, shall charge a campaign committee for political | 59 |
| advertising a rate in excess of the rate such person would charge | 60 |
| if the campaign committee were a general rate advertiser whose | 61 |
| advertising was directed to promoting its business within the same | 62 |
| area as that encompassed by the particular office that the | 63 |
| candidate of the campaign committee is seeking. The rate shall | 64 |
| take into account the amount of space used, as well as the type of | 65 |
| advertising copy submitted by or on behalf of the campaign | 66 |
| committee. All discount privileges otherwise offered by a | 67 |
| newspaper or periodical to general rate advertisers shall be | 68 |
| available upon equal terms to all campaign committees. | 69 |
| No person within this state, operating a radio or television | 70 |
| station or network of stations in this state, shall charge a | 71 |
| campaign committee for political broadcasts a rate that exceeds: | 72 |
| (1) During the forty-five days preceding the date of a | 73 |
| primary election and during the sixty days preceding the date of a | 74 |
| general or special election in which the candidate of the campaign | 75 |
| committee is seeking office, the lowest unit charge of the station | 76 |
| for the same class and amount of time for the same period; | 77 |
| (2) At any other time, the charges made for comparable use of | 78 |
| that station by its other users. | 79 |
| (I) Subject to divisions (K), (L), (M), and (N) of this | 80 |
| section, no agency or department of this state or any political | 81 |
| subdivision shall award any contract, other than one let by | 82 |
| competitive bidding or a contract incidental to such contract or | 83 |
| which is by force account, for the purchase of goods costing more | 84 |
| than five hundred dollars or services costing more than five | 85 |
| hundred dollars to any individual, partnership, association, | 86 |
| including, without limitation, a professional association | 87 |
| organized under Chapter 1785. of the Revised Code, estate, or | 88 |
| trust if the individual has made or the individual's spouse has | 89 |
| made, or any partner, shareholder, administrator, executor, or | 90 |
| trustee or the spouse of any of them has made, as an individual, | 91 |
| within the two previous calendar years, one or more contributions | 92 |
| totaling in excess of one thousand dollars to the holder of the | 93 |
| public office having ultimate responsibility for the award of the | 94 |
| contract or to the public officer's campaign committee. | 95 |
| (J) Subject to divisions (K), (L), (M), and (N) of this | 96 |
| section, no agency or department of this state or any political | 97 |
| subdivision shall award any contract, other than one let by | 98 |
| competitive bidding or a contract incidental to such contract or | 99 |
| which is by force account, for the purchase of goods costing more | 100 |
| than five hundred dollars or services costing more than five | 101 |
| hundred dollars to a corporation or business trust, except a | 102 |
| professional association organized under Chapter 1785. of the | 103 |
| Revised Code, if an owner of more than twenty per cent of the | 104 |
| corporation or business trust or the spouse of that person has | 105 |
| made, as an individual, within the two previous calendar years, | 106 |
| taking into consideration only owners for all of that period, one | 107 |
| or more contributions totaling in excess of one thousand dollars | 108 |
| to the holder of a public office having ultimate responsibility | 109 |
| for the award of the contract or to the public officer's campaign | 110 |
| committee. | 111 |
| (K) For purposes of divisions (I) and (J) of this section, if | 112 |
| a public officer who is responsible for the award of a contract is | 113 |
| appointed by the governor, whether or not the appointment is | 114 |
| subject to the advice and consent of the senate, excluding members | 115 |
| of boards, commissions, committees, authorities, councils, boards | 116 |
| of trustees, task forces, and other such entities appointed by the | 117 |
| governor, the office of the governor is considered to have | 118 |
| ultimate responsibility for the award of the contract. | 119 |
| (L) For purposes of divisions (I) and (J) of this section, if | 120 |
| a public officer who is responsible for the award of a contract is | 121 |
| appointed by the elected chief executive officer of a municipal | 122 |
| corporation, or appointed by the elected chief executive officer | 123 |
| of a county operating under an alternative form of county | 124 |
| government or county charter, excluding members of boards, | 125 |
| commissions, committees, authorities, councils, boards of | 126 |
| trustees, task forces, and other such entities appointed by the | 127 |
| chief executive officer, the office of the chief executive officer | 128 |
| is considered to have ultimate responsibility for the award of the | 129 |
| contract. | 130 |
| (M)(1) Divisions (I) and (J) of this section do not apply to | 131 |
| contracts awarded by the board of commissioners of the sinking | 132 |
| fund, municipal legislative authorities, boards of education, | 133 |
| boards of county commissioners, boards of township trustees, or | 134 |
| other boards, commissions, committees, authorities, councils, | 135 |
| boards of trustees, task forces, and other such entities created | 136 |
| by law, by the supreme court or courts of appeals, by county | 137 |
| courts consisting of more than one judge, courts of common pleas | 138 |
| consisting of more than one judge, or municipal courts consisting | 139 |
| of more than one judge, or by a division of any court if the | 140 |
| division consists of more than one judge. This division shall | 141 |
| apply to the specified entity only if the members of the entity | 142 |
| act collectively in the award of a contract for goods or services. | 143 |
| (2) Divisions (I) and (J) of this section do not apply to | 144 |
| actions of the controlling board. | 145 |
| (N)(1) Divisions (I) and (J) of this section apply to | 146 |
| contributions made to the holder of a public office having | 147 |
| ultimate responsibility for the award of a contract, or to the | 148 |
| public officer's campaign committee, during the time the person | 149 |
| holds the office and during any time such person was a candidate | 150 |
| for the office. Those divisions do not apply to contributions made | 151 |
| to, or to the campaign committee of, a candidate for or holder of | 152 |
| the office other than the holder of the office at the time of the | 153 |
| award of the contract. | 154 |
| (2) Divisions (I) and (J) of this section do not apply to | 155 |
| contributions of a partner, shareholder, administrator, executor, | 156 |
| trustee, or owner of more than twenty per cent of a corporation or | 157 |
| business trust made before the person held any of those positions | 158 |
| or after the person ceased to hold any of those positions in the | 159 |
| partnership, association, estate, trust, corporation, or business | 160 |
| trust whose eligibility to be awarded a contract is being | 161 |
| determined, nor to contributions of the person's spouse made | 162 |
| before the person held any of those positions, after the person | 163 |
| ceased to hold any of those positions, before the two were | 164 |
| married, after the granting of a decree of divorce, dissolution of | 165 |
| marriage, or annulment, or after the granting of an order in an | 166 |
| action brought solely for legal separation. Those divisions do not | 167 |
| apply to contributions of the spouse of an individual whose | 168 |
| eligibility to be awarded a contract is being determined made | 169 |
| before the two were married, after the granting of a decree of | 170 |
| divorce, dissolution of marriage, or annulment, or after the | 171 |
| granting of an order in an action brought solely for legal | 172 |
| separation. | 173 |
| (O) No beneficiary of a campaign fund or other person shall | 174 |
| convert for personal use, and no person shall knowingly give to a | 175 |
| beneficiary of a campaign fund or any other person, for the | 176 |
| beneficiary's or any other person's personal use, anything of | 177 |
| value from the beneficiary's campaign fund, including, without | 178 |
| limitation, payments to a beneficiary for services the beneficiary | 179 |
| personally performs, except as reimbursement for any of the | 180 |
| following: | 181 |
| (1) Legitimate and verifiable prior campaign expenses | 182 |
| incurred by the beneficiary; | 183 |
| (2) Legitimate and verifiable ordinary and necessary prior | 184 |
| expenses incurred by the beneficiary in connection with duties as | 185 |
| the holder of a public office, including, without limitation, | 186 |
| expenses incurred through participation in nonpartisan or | 187 |
| bipartisan events if the participation of the holder of a public | 188 |
| office would normally be expected; | 189 |
| (3) Legitimate and verifiable ordinary and necessary prior | 190 |
| expenses incurred by the beneficiary while doing any of the | 191 |
| following: | 192 |
| (a) Engaging in activities in support of or opposition to a | 193 |
| candidate other than the beneficiary, political party, or ballot | 194 |
| issue; | 195 |
| (b) Raising funds for a political party, political action | 196 |
| committee, political contributing entity, legislative campaign | 197 |
| fund, campaign committee, or other candidate; | 198 |
| (c) Participating in the activities of a political party, | 199 |
| political action committee, political contributing entity, | 200 |
| legislative campaign fund, or campaign committee; | 201 |
| (d) Attending a political party convention or other political | 202 |
| meeting. | 203 |
| For purposes of this division, an expense is incurred | 204 |
| whenever a beneficiary has either made payment or is obligated to | 205 |
| make payment, as by the use of a credit card or other credit | 206 |
| procedure or by the use of goods or services received on account. | 207 |
| (P) No beneficiary of a campaign fund shall knowingly accept, | 208 |
| and no person shall knowingly give to the beneficiary of a | 209 |
| campaign fund, reimbursement for an expense under division (O) of | 210 |
| this section to the extent that the expense previously was | 211 |
| reimbursed or paid from another source of funds. If an expense is | 212 |
| reimbursed under division (O) of this section and is later paid or | 213 |
| reimbursed, wholly or in part, from another source of funds, the | 214 |
| beneficiary shall repay the reimbursement received under division | 215 |
| (O) of this section to the extent of the payment made or | 216 |
| reimbursement received from the other source. | 217 |
| (Q) No candidate or public official or employee shall accept | 218 |
| for personal or business use anything of value from a political | 219 |
| party, political action committee, political contributing entity, | 220 |
| legislative campaign fund, or campaign committee other than the | 221 |
| candidate's or public official's or employee's own campaign | 222 |
| committee, and no person shall knowingly give to a candidate or | 223 |
| public official or employee anything of value from a political | 224 |
| party, political action committee, political contributing entity, | 225 |
| legislative campaign fund, or such a campaign committee, except | 226 |
| for the following: | 227 |
| (1) Reimbursement for legitimate and verifiable ordinary and | 228 |
| necessary prior expenses not otherwise prohibited by law incurred | 229 |
| by the candidate or public official or employee while engaged in | 230 |
| any legitimate activity of the political party, political action | 231 |
| committee, political contributing entity, legislative campaign | 232 |
| fund, or such campaign committee. Without limitation, reimbursable | 233 |
| expenses under this division include those incurred while doing | 234 |
| any of the following: | 235 |
| (a) Engaging in activities in support of or opposition to | 236 |
| another candidate, political party, or ballot issue; | 237 |
| (b) Raising funds for a political party, legislative campaign | 238 |
| fund, campaign committee, or another candidate; | 239 |
| (c) Attending a political party convention or other political | 240 |
| meeting. | 241 |
| (2) Compensation not otherwise prohibited by law for actual | 242 |
| and valuable personal services rendered under a written contract | 243 |
| to the political party, political action committee, political | 244 |
| contributing entity, legislative campaign fund, or such campaign | 245 |
| committee for any legitimate activity of the political party, | 246 |
| political action committee, political contributing entity, | 247 |
| legislative campaign fund, or such campaign committee. | 248 |
| Reimbursable expenses under this division do not include, and | 249 |
| it is a violation of this division for a candidate or public | 250 |
| official or employee to accept, or for any person to knowingly | 251 |
| give to a candidate or public official or employee from a | 252 |
| political party, political action committee, political | 253 |
| contributing entity, legislative campaign fund, or campaign | 254 |
| committee other than the candidate's or public official's or | 255 |
| employee's own campaign committee, anything of value for | 256 |
| activities primarily related to the candidate's or public | 257 |
| official's or employee's own campaign for election, except for | 258 |
| contributions to the candidate's or public official's or | 259 |
| employee's campaign committee. | 260 |
| For purposes of this division, an expense is incurred | 261 |
| whenever a candidate or public official or employee has either | 262 |
| made payment or is obligated to make payment, as by the use of a | 263 |
| credit card or other credit procedure, or by the use of goods or | 264 |
| services on account. | 265 |
| (R)(1) Division (O) or (P) of this section does not prohibit | 266 |
| a campaign committee from making direct advance or post payment | 267 |
| from contributions to vendors for goods and services for which | 268 |
| reimbursement is permitted under division (O) of this section, | 269 |
| except that no campaign committee shall pay its candidate or other | 270 |
| beneficiary for services personally performed by the candidate or | 271 |
| other beneficiary. | 272 |
| (2) If any expense that may be reimbursed under division (O), | 273 |
| (P), or (Q) of this section is part of other expenses that may not | 274 |
| be paid or reimbursed, the separation of the two types of expenses | 275 |
| for the purpose of allocating for payment or reimbursement those | 276 |
| expenses that may be paid or reimbursed may be by any reasonable | 277 |
| accounting method, considering all of the surrounding | 278 |
| circumstances. | 279 |
| (3) For purposes of divisions (O), (P), and (Q) of this | 280 |
| section, mileage allowance at a rate not greater than that allowed | 281 |
| by the internal revenue service at the time the travel occurs may | 282 |
| be paid instead of reimbursement for actual travel expenses | 283 |
| allowable. | 284 |
| (S)(1) As used in division (S) of this section: | 285 |
| (a) "State elective office" has the same meaning as in | 286 |
| section 3517.092 of the Revised Code. | 287 |
| (b) "Federal office" means a federal office as defined in the | 288 |
| Federal Election Campaign Act. | 289 |
| (c) "Federal campaign committee" means a principal campaign | 290 |
| committee or authorized committee as defined in the Federal | 291 |
| Election Campaign Act. | 292 |
| (2) No person who is a candidate for state elective office | 293 |
| and who previously sought nomination or election to a federal | 294 |
| office shall transfer any funds or assets from that person's | 295 |
| federal campaign committee for nomination or election to the | 296 |
| federal office to that person's campaign committee as a candidate | 297 |
| for state elective office. | 298 |
| (3) No campaign committee of a person who is a candidate for | 299 |
| state elective office and who previously sought nomination or | 300 |
| election to a federal office shall accept any funds or assets from | 301 |
| that person's federal campaign committee for that person's | 302 |
| nomination or election to the federal office. | 303 |
| (T)(1) Except as otherwise provided in division (B)(6)(c) of | 304 |
| section 3517.102 of the Revised Code, a state or county political | 305 |
| party shall not disburse moneys from any account other than a | 306 |
| state candidate fund to make contributions to any of the | 307 |
| following: | 308 |
| (a) A state candidate fund; | 309 |
| (b) A legislative campaign fund; | 310 |
| (c) A campaign committee of a candidate for the office of | 311 |
| governor, lieutenant governor, secretary of state, auditor of | 312 |
| state, treasurer of state, attorney general, member of the state | 313 |
| board of education, or member of the general assembly. | 314 |
| (2) No state candidate fund, legislative campaign fund, or | 315 |
| campaign committee of a candidate for any office described in | 316 |
| division (T)(1)(c) of this section shall knowingly accept a | 317 |
| contribution in violation of division (T)(1) of this section. | 318 |
| (U) No person shall fail to file a statement required under | 319 |
| section 3517.12 of the Revised Code. | 320 |
| (V) No campaign committee shall fail to file a statement | 321 |
| required under division (K)(3) of section 3517.10 of the Revised | 322 |
| Code. | 323 |
| (W)(1) No foreign national shall, directly or indirectly | 324 |
| through any other person or entity, make a contribution, | 325 |
| expenditure, or independent expenditure or promise, either | 326 |
| expressly or implicitly, to make a contribution, expenditure, or | 327 |
| independent expenditure in support of or opposition to a candidate | 328 |
| for any elective office in this state, including an office of a | 329 |
| political party. | 330 |
| (2) No candidate, campaign committee, political action | 331 |
| committee, political contributing entity, legislative campaign | 332 |
| fund, state candidate fund, political party, or separate | 333 |
| segregated fund shall solicit or accept a contribution, | 334 |
| expenditure, or independent expenditure from a foreign national. | 335 |
| The secretary of state may direct any candidate, committee, | 336 |
| entity, fund, or party that accepts a contribution, expenditure, | 337 |
| or independent expenditure in violation of this division to return | 338 |
| the contribution, expenditure, or independent expenditure or, if | 339 |
| it is not possible to return the contribution, expenditure, or | 340 |
| independent expenditure, then to return instead the value of it, | 341 |
| to the contributor. | 342 |
| (3) As used in division (W) of this section, "foreign | 343 |
| national" has the same meaning as in section 441e(b) of the | 344 |
| Federal Election Campaign Act. | 345 |
| (X)(1) No state or county political party shall transfer any | 346 |
| moneys from its restricted fund to any account of the political | 347 |
| party into which contributions may be made or from which | 348 |
| contributions or expenditures may be made. | 349 |
| (2)(a) No state or county political party shall deposit a | 350 |
| contribution or contributions that it receives into its restricted | 351 |
| fund. | 352 |
| (b) No state or county political party shall make a | 353 |
| contribution or an expenditure from its restricted fund. | 354 |
| (3)(a) No corporation or labor organization shall make a gift | 355 |
| or gifts from the corporation's or labor organization's money or | 356 |
| property aggregating more than ten thousand dollars to any one | 357 |
| state or county political party for the party's restricted fund in | 358 |
| a calendar year. | 359 |
| (b) No state or county political party shall accept a gift or | 360 |
| gifts for the party's restricted fund aggregating more than ten | 361 |
| thousand dollars from any one corporation or labor organization in | 362 |
| a calendar year. | 363 |
| (4) No state or county political party shall transfer any | 364 |
| moneys in the party's restricted fund to any other state or county | 365 |
| political party. | 366 |
| (5) No state or county political party shall knowingly fail | 367 |
| to file a statement required under section 3517.1012 of the | 368 |
| Revised Code. | 369 |
| (Y) The administrator of workers' compensation and the | 370 |
| employees of the bureau of workers' compensation shall not conduct | 371 |
| any business with or award any contract, other than one awarded by | 372 |
| competitive bidding, for the purchase of goods costing more than | 373 |
| five hundred dollars or services costing more than five hundred | 374 |
| dollars to any individual, partnership, association, including, | 375 |
| without limitation, a professional association organized under | 376 |
| Chapter 1785. of the Revised Code, estate, or trust, if the | 377 |
| individual has made, or the individual's spouse has made, or any | 378 |
| partner, shareholder, administrator, executor, or trustee, or the | 379 |
| spouses of any of those individuals has made, as an individual, | 380 |
| within the two previous calendar years, one or more contributions | 381 |
| totaling in excess of one thousand dollars to the campaign | 382 |
| committee of the governor or lieutenant governor or to the | 383 |
| campaign committee of any candidate for the office of governor or | 384 |
| lieutenant governor. | 385 |
| (Z) The administrator of workers' compensation and the | 386 |
| employees of the bureau of workers' compensation shall not conduct | 387 |
| business with or award any contract, other than one awarded by | 388 |
| competitive bidding, for the purchase of goods costing more than | 389 |
| five hundred dollars or services costing more than five hundred | 390 |
| dollars to a corporation or business trust, except a professional | 391 |
| association organized under Chapter 1785. of the Revised Code, if | 392 |
| an owner of more than twenty per cent of the corporation or | 393 |
| business trust, or the spouse of the owner, has made, as an | 394 |
| individual, within the two previous calendar years, taking into | 395 |
| consideration only owners for all of such period, one or more | 396 |
| contributions totaling in excess of one thousand dollars to the | 397 |
| campaign committee of the governor or lieutenant governor or to | 398 |
| the campaign committee of any candidate for the office of governor | 399 |
| or lieutenant governor. | 400 |
| (AA)(1) No person who holds an elective office and who is a | 401 |
| candidate shall use public funds to mail to individuals | 402 |
| unsolicited applications for absent voter's ballots that contain | 403 |
| the name of the candidate or an image of the candidate's | 404 |
| signature. | 405 |
| (2) As used in division (AA) of this section, "candidate" has | 406 |
| the same meaning as in section 3501.01 of the Revised Code. | 407 |
| Sec. 3517.992. This section establishes penalties only with | 408 |
| respect to acts or failures to act that occur on and after August | 409 |
| 24, 1995. | 410 |
| (A)(1) A candidate whose campaign committee violates division | 411 |
| (A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 412 |
| or a treasurer of a campaign committee who violates any of those | 413 |
| divisions, shall be fined not more than one hundred dollars for | 414 |
| each day of violation. | 415 |
| (2) Whoever violates division (E) or (X)(5) of section | 416 |
| 3517.13 or division (E)(1) of section 3517.1014 of the Revised | 417 |
| Code shall be fined not more than one hundred dollars for each day | 418 |
| of violation. | 419 |
| (B) An entity that violates division (G)(1) of section | 420 |
| 3517.101 of the Revised Code shall be fined not more than one | 421 |
| hundred dollars for each day of violation. | 422 |
| (C) Whoever violates division (G)(2) of section 3517.101, | 423 |
| division (G) of section 3517.13, or division (E)(2) or (3) of | 424 |
| section 3517.1014 of the Revised Code shall be fined not more than | 425 |
| ten thousand dollars or, if the offender is a person who was | 426 |
| nominated or elected to public office, shall forfeit the | 427 |
| nomination or the office to which the offender was elected, or | 428 |
| both. | 429 |
| (D) Whoever violates division (F) of section 3517.13 of the | 430 |
| Revised Code shall be fined not more than three times the amount | 431 |
| contributed. | 432 |
| (E) Whoever violates division (H) of section 3517.13 of the | 433 |
| Revised Code shall be fined not more than one hundred dollars. | 434 |
| (F) Whoever violates division (O), (P), or (Q) of section | 435 |
| 3517.13 of the Revised Code is guilty of a misdemeanor of the | 436 |
| first degree. | 437 |
| (G) A state or county committee of a political party that | 438 |
| violates division (B)(1) of section 3517.18 of the Revised Code | 439 |
| shall be fined not more than twice the amount of the improper | 440 |
| expenditure. | 441 |
| (H) An entity that violates division (H) of section 3517.101 | 442 |
| of the Revised Code shall be fined not more than twice the amount | 443 |
| of the improper expenditure or use. | 444 |
| (I)(1) Any individual who violates division (B)(1) of section | 445 |
| 3517.102 of the Revised Code and knows that the contribution the | 446 |
| individual makes violates that division shall be fined an amount | 447 |
| equal to three times the amount contributed in excess of the | 448 |
| amount permitted by that division. | 449 |
| (2) Any political action committee that violates division | 450 |
| (B)(2) of section 3517.102 of the Revised Code shall be fined an | 451 |
| amount equal to three times the amount contributed in excess of | 452 |
| the amount permitted by that division. | 453 |
| (3) Any campaign committee that violates division (B)(3) or | 454 |
| (5) of section 3517.102 of the Revised Code shall be fined an | 455 |
| amount equal to three times the amount contributed in excess of | 456 |
| the amount permitted by that division. | 457 |
| (4)(a) Any legislative campaign fund that violates division | 458 |
| (B)(6) of section 3517.102 of the Revised Code shall be fined an | 459 |
| amount equal to three times the amount transferred or contributed | 460 |
| in excess of the amount permitted by that division, as applicable. | 461 |
| (b) Any state political party, county political party, or | 462 |
| state candidate fund of a state political party or county | 463 |
| political party that violates division (B)(6) of section 3517.102 | 464 |
| of the Revised Code shall be fined an amount equal to three times | 465 |
| the amount transferred or contributed in excess of the amount | 466 |
| permitted by that division, as applicable. | 467 |
| (c) Any political contributing entity that violates division | 468 |
| (B)(7) of section 3517.102 of the Revised Code shall be fined an | 469 |
| amount equal to three times the amount contributed in excess of | 470 |
| the amount permitted by that division. | 471 |
| (5) Any political party that violates division (B)(4) of | 472 |
| section 3517.102 of the Revised Code shall be fined an amount | 473 |
| equal to three times the amount contributed in excess of the | 474 |
| amount permitted by that division. | 475 |
| (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 476 |
| of this section, no violation of division (B) of section 3517.102 | 477 |
| of the Revised Code occurs, and the secretary of state shall not | 478 |
| refer parties to the Ohio elections commission, if the amount | 479 |
| transferred or contributed in excess of the amount permitted by | 480 |
| that division meets either of the following conditions: | 481 |
| (a) It is completely refunded within five business days after | 482 |
| it is accepted. | 483 |
| (b) It is completely refunded on or before the tenth business | 484 |
| day after notification to the recipient of the excess transfer or | 485 |
| contribution by the board of elections or the secretary of state | 486 |
| that a transfer or contribution in excess of the permitted amount | 487 |
| has been received. | 488 |
| (J)(1) Any campaign committee that violates division (C)(1), | 489 |
| (2), (3), or (6) of section 3517.102 of the Revised Code shall be | 490 |
| fined an amount equal to three times the amount accepted in excess | 491 |
| of the amount permitted by that division. | 492 |
| (2)(a) Any county political party that violates division | 493 |
| (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 494 |
| shall be fined an amount equal to three times the amount accepted. | 495 |
| (b) Any county political party that violates division | 496 |
| (C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 497 |
| fined an amount from its state candidate fund equal to three times | 498 |
| the amount accepted in excess of the amount permitted by that | 499 |
| division. | 500 |
| (c) Any state political party that violates division | 501 |
| (C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 502 |
| an amount from its state candidate fund equal to three times the | 503 |
| amount accepted in excess of the amount permitted by that | 504 |
| division. | 505 |
| (3) Any legislative campaign fund that violates division | 506 |
| (C)(5) of section 3517.102 of the Revised Code shall be fined an | 507 |
| amount equal to three times the amount accepted in excess of the | 508 |
| amount permitted by that division. | 509 |
| (4) Any political action committee or political contributing | 510 |
| entity that violates division (C)(7) of section 3517.102 of the | 511 |
| Revised Code shall be fined an amount equal to three times the | 512 |
| amount accepted in excess of the amount permitted by that | 513 |
| division. | 514 |
| (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 515 |
| this section, no violation of division (C) of section 3517.102 of | 516 |
| the Revised Code occurs, and the secretary of state shall not | 517 |
| refer parties to the Ohio elections commission, if the amount | 518 |
| transferred or contributed in excess of the amount permitted to be | 519 |
| accepted by that division meets either of the following | 520 |
| conditions: | 521 |
| (a) It is completely refunded within five business days after | 522 |
| its acceptance. | 523 |
| (b) It is completely refunded on or before the tenth business | 524 |
| day after notification to the recipient of the excess transfer or | 525 |
| contribution by the board of elections or the secretary of state | 526 |
| that a transfer or contribution in excess of the permitted amount | 527 |
| has been received. | 528 |
| (K)(1) Any legislative campaign fund that violates division | 529 |
| (F)(1) of section 3517.102 of the Revised Code shall be fined | 530 |
| twenty-five dollars for each day of violation. | 531 |
| (2) Any legislative campaign fund that violates division | 532 |
| (F)(2) of section 3517.102 of the Revised Code shall give to the | 533 |
| treasurer of state for deposit into the state treasury to the | 534 |
| credit of the Ohio elections commission fund all excess | 535 |
| contributions not disposed of as required by division (E) of | 536 |
| section 3517.102 of the Revised Code. | 537 |
| (L) Whoever violates section 3517.105 of the Revised Code | 538 |
| shall be fined one thousand dollars. | 539 |
| (M)(1) Whoever solicits a contribution in violation of | 540 |
| section 3517.092 or violates division (B) of section 3517.09 of | 541 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 542 |
| (2) Whoever knowingly accepts a contribution in violation of | 543 |
| division (B) or (C) of section 3517.092 of the Revised Code shall | 544 |
| be fined an amount equal to three times the amount accepted in | 545 |
| violation of either of those divisions and shall return to the | 546 |
| contributor any amount so accepted. Whoever unknowingly accepts a | 547 |
| contribution in violation of division (B) or (C) of section | 548 |
| 3517.092 of the Revised Code shall return to the contributor any | 549 |
| amount so accepted. | 550 |
| (N) Whoever violates division (S) of section 3517.13 of the | 551 |
| Revised Code shall be fined an amount equal to three times the | 552 |
| amount of funds transferred or three times the value of the assets | 553 |
| transferred in violation of that division. | 554 |
| (O) Any campaign committee that accepts a contribution or | 555 |
| contributions in violation of section 3517.108 of the Revised | 556 |
| Code, uses a contribution in violation of that section, or fails | 557 |
| to dispose of excess contributions in violation of that section | 558 |
| shall be fined an amount equal to three times the amount accepted, | 559 |
| used, or kept in violation of that section. | 560 |
| (P) Any political party, state candidate fund, legislative | 561 |
| candidate fund, or campaign committee that violates division (T) | 562 |
| of section 3517.13 of the Revised Code shall be fined an amount | 563 |
| equal to three times the amount contributed or accepted in | 564 |
| violation of that section. | 565 |
| (Q) A treasurer of a committee or another person who violates | 566 |
| division (U) of section 3517.13 of the Revised Code shall be fined | 567 |
| not more than two hundred fifty dollars. | 568 |
| (R) Whoever violates division (I) or (J) of section 3517.13 | 569 |
| of the Revised Code shall be fined not more than one thousand | 570 |
| dollars. Whenever a person is found guilty of violating division | 571 |
| (I) or (J) of section 3517.13 of the Revised Code, the contract | 572 |
| awarded in violation of either of those divisions shall be | 573 |
| rescinded if its terms have not yet been performed. | 574 |
| (S) A candidate whose campaign committee violates or a | 575 |
| treasurer of a campaign committee who violates section 3517.081 of | 576 |
| the Revised Code, and a candidate whose campaign committee | 577 |
| violates or a treasurer of a campaign committee or another person | 578 |
| who violates division (C) of section 3517.10 of the Revised Code, | 579 |
| shall be fined not more than five hundred dollars. | 580 |
| (T) A candidate whose campaign committee violates or a | 581 |
| treasurer of a committee who violates division (B) of section | 582 |
| 3517.09 of the Revised Code, or a candidate whose campaign | 583 |
| committee violates or a treasurer of a campaign committee or | 584 |
| another person who violates division (C) of section 3517.09 of the | 585 |
| Revised Code shall be fined not more than one thousand dollars. | 586 |
| (U) Whoever violates section 3517.20 of the Revised Code | 587 |
| shall be fined not more than five hundred dollars. | 588 |
| (V) Whoever violates section 3517.21 or 3517.22 of the | 589 |
| Revised Code shall be imprisoned for not more than six months or | 590 |
| fined not more than five thousand dollars, or both. | 591 |
| (W) A campaign committee that is required to file a | 592 |
| declaration of no limits under division (D)(2) of section 3517.103 | 593 |
| of the Revised Code that, before filing that declaration, accepts | 594 |
| a contribution or contributions that exceed the limitations | 595 |
| prescribed in section 3517.102 of the Revised Code, shall return | 596 |
| that contribution or those contributions to the contributor. | 597 |
| (X) Any campaign committee that fails to file the declaration | 598 |
| of filing-day finances required by division (F) of section | 599 |
| 3517.109 of the Revised Code shall be fined twenty-five dollars | 600 |
| for each day of violation. | 601 |
| (Y)(1) Any campaign committee that fails to dispose of excess | 602 |
| funds or excess aggregate contributions under division (B) of | 603 |
| section 3517.109 of the Revised Code in the manner required by | 604 |
| division (C) of that section shall give to the treasurer of state | 605 |
| for deposit into the Ohio elections commission fund created under | 606 |
| division (I) of section 3517.152 of the Revised Code all funds not | 607 |
| disposed of pursuant to that division. | 608 |
| (2) Any treasurer of a transition fund that fails to dispose | 609 |
| of assets remaining in the transition fund as required under | 610 |
| division (H)(1) or (2) of section 3517.1014 of the Revised Code | 611 |
| shall give to the treasurer of state for deposit into the Ohio | 612 |
| elections commission fund all assets not disposed of pursuant to | 613 |
| that division. | 614 |
| (Z) Any individual, campaign committee, political action | 615 |
| committee, political contributing entity, legislative campaign | 616 |
| fund, political party, treasurer of a transition fund, or other | 617 |
| entity that violates any provision of sections 3517.09 to 3517.12 | 618 |
| of the Revised Code for which no penalty is provided for under any | 619 |
| other division of this section shall be fined not more than one | 620 |
| thousand dollars. | 621 |
| (AA)(1) Whoever knowingly violates division (W)(1) of section | 622 |
| 3517.13 of the Revised Code shall be fined an amount equal to | 623 |
| three times the amount contributed, expended, or promised in | 624 |
| violation of that division or ten thousand dollars, whichever | 625 |
| amount is greater. | 626 |
| (2) Whoever knowingly violates division (W)(2) of section | 627 |
| 3517.13 of the Revised Code shall be fined an amount equal to | 628 |
| three times the amount solicited or accepted in violation of that | 629 |
| division or ten thousand dollars, whichever amount is greater. | 630 |
| (BB) Whoever knowingly violates division (C) or (D) of | 631 |
| section 3517.1011 of the Revised Code shall be fined not more than | 632 |
| ten thousand dollars plus not more than one thousand dollars for | 633 |
| each day of violation. | 634 |
| (CC)(1) Subject to division (CC)(2) of this section, whoever | 635 |
| violates division (H) of section 3517.1011 of the Revised Code | 636 |
| shall be fined an amount up to three times the amount disbursed | 637 |
| for the direct costs of airing the communication made in violation | 638 |
| of that division. | 639 |
| (2) Whoever has been ordered by the Ohio elections commission | 640 |
| or by a court of competent jurisdiction to cease making | 641 |
| communications in violation of division (H) of section 3517.1011 | 642 |
| of the Revised Code who again violates that division shall be | 643 |
| fined an amount equal to three times the amount disbursed for the | 644 |
| direct costs of airing the communication made in violation of that | 645 |
| division. | 646 |
| (DD)(1) Any corporation or labor organization that violates | 647 |
| division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 648 |
| fined an amount equal to three times the amount given in excess of | 649 |
| the amount permitted by that division. | 650 |
| (2) Any state or county political party that violates | 651 |
| division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 652 |
| fined an amount equal to three times the amount accepted in excess | 653 |
| of the amount permitted by that division. | 654 |
| (EE)(1) Any campaign committee or person who violates | 655 |
| division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code | 656 |
| shall be fined an amount equal to three times the amount donated | 657 |
| in excess of the amount permitted by that division. | 658 |
| (2) Any officeholder or treasurer of a transition fund who | 659 |
| violates division (C)(3)(a) or (b) of section 3517.1014 of the | 660 |
| Revised Code shall be fined an amount equal to three times the | 661 |
| amount accepted in excess of the amount permitted by that | 662 |
| division. | 663 |
| (FF)(1)(a) Whoever violates division (AA) of section 3517.13 | 664 |
| of the Revised Code is guilty of improper mailing of applications | 665 |
| for absent voter's ballots. Except as otherwise provided in | 666 |
| division (FF)(1)(b) or (c) of this section, improper mailing of | 667 |
| applications for absent voter's ballots is a felony of the fifth | 668 |
| degree. | 669 |
| (b) If the amount of the public funds expended in conducting | 670 |
| the improper mailing of applications for absent voter's ballots is | 671 |
| one thousand dollars or more and is less than seven thousand five | 672 |
| hundred dollars, the offense is a felony of the fourth degree. | 673 |
| (c) If the amount of the public funds expended in conducting | 674 |
| the improper mailing of applications for absent voter's ballots is | 675 |
| seven thousand five hundred dollars or more, the offense is a | 676 |
| felony of the third degree. | 677 |
| (2)(a) A court that imposes a sentence for improper mailing | 678 |
| of applications for absent voter's ballots shall require the | 679 |
| offender to make restitution for the amount of the public funds | 680 |
| expended in conducting the mailing, in addition to the term of | 681 |
| imprisonment and any fine imposed. | 682 |
| (b) If the offender, at the time of the commission of the | 683 |
| offense or at any other time, was a member, electing employee, | 684 |
| participating employee, continuing member, or participant in a | 685 |
| retirement system, pension fund, alternative retirement plan, or | 686 |
| deferred compensation program described in division (C)(2)(b)(i) | 687 |
| of section 2921.41 of the Revised Code, the entity to which | 688 |
| restitution is to be made may file a motion with the sentencing | 689 |
| court specifying any such system, fund, plan, or program and | 690 |
| requesting the court to issue an order requiring that the amount | 691 |
| of the restitution be withheld from the benefits that have been or | 692 |
| will be granted to the offender by that system, fund, plan, or | 693 |
| program, in accordance with the requirements of division (C)(2)(b) | 694 |
| of that section. The court shall process the request in accordance | 695 |
| with that division. | 696 |
| (c) Upon the filing of charges against a person for improper | 697 |
| mailing of applications for absent voter's ballots, the prosecutor | 698 |
| who is assigned the case shall send written notice that charges | 699 |
| have been filed against that person to the entities listed in | 700 |
| division (D) of section 2921.41 of the Revised Code. The written | 701 |
| notice shall specifically identify the person charged. | 702 |
| Section 2. That existing sections 3517.13 and 3517.992 of | 703 |
| the Revised Code are hereby repealed. | 704 |