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(122nd General Assembly)(Amended Substitute Senate Bill Number 116)
AN ACT
To amend sections 3517.01, 3517.08, 3517.10,
3517.102, 3517.103, 3517.107, 3517.109, 3517.11, 3517.13, 3517.154, 3517.155,
3517.992, 3599.02,
3599.11, 3599.12, 3599.14, 3599.17, 3599.18,
3599.19, 3599.20, 3599.21, 3599.22, 3599.23, 3599.25, 3599.31, 3599.32,
3599.35, 3599.36, 3599.37, 3599.38, 3599.39, and 3599.40, to enact section
3517.1010, and to repeal section
3599.30
of the Revised Code to change certain penalties in the Elections Law,
to make changes in regard to
the use of personal funds for a campaign for statewide office or office of
member of the General Assembly, to make changes regarding what funds a
campaign committee may "carry into" an election, to require certain statewide
candidates to file additional statements of
contributions,
to
exempt, under certain circumstances, specified local candidates from filing
all campaign finance statements,
to
make other changes in the Elections Law, to
terminate certain provisions of this act on January 1,
2000, by amending sections 3517.10, 3517.102, 3517.103, 3517.154, 3517.155,
and
3517.992 and repealing section 3517.1010 of the Revised Code on that date,
and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3517.01, 3517.08,
3517.10, 3517.102, 3517.103, 3517.107, 3517.109, 3517.11, 3517.13, 3517.154,
3517.155, 3517.992,
3599.02, 3599.11, 3599.12, 3599.14, 3599.17, 3599.18,
3599.19, 3599.20, 3599.21, 3599.22, 3599.23, 3599.25, 3599.31, 3599.32,
3599.35,
3599.36, 3599.37, 3599.38, 3599.39, and 3599.40 be amended and section
3517.1010 of the Revised Code be enacted to read as follows:
Sec. 3517.01. (A) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters
that, at
the most recent regular state election, polled
for its
candidate for governor in the state or nominees for presidential
electors at least five per cent of the entire vote cast for
that office or that filed with the secretary of state, subsequent to any
election in which it received less than five per cent of that
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote for governor or nominees
for presidential electors at the most recent
election,
declaring their intention of organizing a political party, the
name of which shall be stated in the declaration, and of
participating in the succeeding primary election, held in
even-numbered years, that occurs more than one hundred twenty
days after the date of filing. No such group of electors shall
assume a name or designation that is similar, in the opinion of
the secretary of state, to that of an existing political party as
to confuse or mislead the voters at an election. If any political party fails
to cast five per cent of the total vote
cast at an election for the office of governor or
president, it
shall cease to be a political party. (B) Notwithstanding the definitions found in section
3501.01 of the Revised Code, as used in this section,
sections 3517.08
to
3517.14, and section 3517.99 of the Revised Code: (1) "Campaign committee" means a candidate or a
combination of two or more persons authorized by a candidate
under section 3517.081 of the Revised Code to receive
contributions and make expenditures. (2) "Campaign treasurer" means an individual appointed by
a candidate under section 3517.081 of the Revised Code. (3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions, has given consent for another to receive
contributions or make expenditures or other use of contributions,
or appoints a campaign treasurer, for the purpose of bringing
about his the person's nomination or election to public office.
When two persons jointly seek the offices of governor and lieutenant governor,
"candidate" means the pair of candidates jointly.
"Candidate" does not include candidates for election to the
offices of member of a county or state central committee,
presidential elector, and delegate to a national convention or
conference of a political party. (4) "Continuing association" means an association, other than a
campaign committee, political party, legislative campaign fund, or labor
organization, that is intended to be a permanent organization that has a
primary purpose other than supporting or opposing specific candidates,
political parties, or ballot issues, and that functions on a regular basis
throughout the year. (5) "Contribution" means a loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, transfer
of funds or transfer of anything of value including a transfer of funds
from an inter vivos or testamentary trust or decedent's estate, and the
payment by any
person other than the person to whom the services are rendered
for the personal services of another person, which contribution
is made, received, or used for the purpose of influencing the
results of an election. "Contribution" does not include: (a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person; (b) Ordinary home hospitality; (c) The personal expenses of a volunteer paid for by that
volunteer campaign worker; (d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section, "political party" means only
a major political party. (6) "Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. (7) "Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone. (8) "Political action committee" means a combination of
two or more persons, the primary or incidental purpose of
which is
to support or oppose any candidate, political party, or issue, or
to influence the result of any election, and that is
not a political party, a campaign committee,
or a legislative campaign fund. (9) "Public office" means any state, county, municipal,
township, and district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and congressman. (10) "Anything of value" has the same meaning as in
section 1.03 of the Revised Code. (11) "Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists. (12) "Campaign fund" means money or other property,
including contributions. (13) "Public official or employee" has the same meaning as
in section 102.01 of the Revised Code. (14) "Caucus" means all of the
members of the house of representatives or all of the members of
the senate of the general assembly who are members of the same
political party. (15) "Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and associated with one
of the houses of the general assembly. (16) "In-kind contribution" means anything of
value other than money that is used to influence the results of
an election or is transferred to or used in support of or in
opposition to a candidate, campaign committee, legislative
campaign fund, political party, or political action committee and
that is made with the consent of, in coordination, cooperation,
or consultation with, or at the request or suggestion of the
benefited candidate, committee, fund, or party. The financing of
the
dissemination, distribution, or republication, in whole or part,
of any broadcast or of any written, graphic, or other form of
campaign materials prepared by the candidate, his the
candidate's campaign committee, or their authorized agents is an in-kind
contribution to the candidate and an expenditure by the candidate. (17) "Independent expenditure" means an
expenditure by a person advocating the election or
defeat of an identified candidate or candidates, that is
not made with
the consent of, in coordination, cooperation, or consultation
with, or at the request or suggestion of any candidate or
candidates or of the campaign committee or agent of the candidate
or candidates. As used in
division (B)(17) of this section: (a) "Person" means an individual,
partnership, unincorporated business organization or association,
political action committee, separate segregated
fund, association, or any other organization or group of persons,
but not a labor organization or a corporation. (b) "Advocating" means any
communication containing a message advocating election or defeat. (c) "Identified candidate"
means that the name of the candidate appears, a photograph or
drawing of the candidate appears, or the identity of the
candidate is otherwise apparent by unambiguous reference. (d) "Made in coordination, cooperation, or
consultation with, or at the request or suggestion of, any
candidate or the campaign committee or agent of the
candidate" means made pursuant to any arrangement,
coordination, or direction by the candidate, the candidate's
campaign committee, or the candidate's agent prior to the
publication, distribution,
display, or broadcast of the communication. An expenditure is
presumed to be so made when it is any of the following: (i) Based on information about the candidate's
plans, projects, or needs provided to the person making the
expenditure by the candidate, or by the candidate's campaign
committee or agent, with a view toward having an expenditure
made; (ii) Made by or through any person who is, or
has been, authorized to raise or expend funds, who is, or has
been, an officer of the candidate's campaign committee, or who
is, or has been, receiving any form of compensation or
reimbursement from the candidate or the candidate's campaign
committee or agent; (iii) Made by a political party in support of a
candidate, unless the expenditure is made by a political party to
conduct voter registration or voter education efforts. (e) "Agent" means any person who has
actual oral or written authority, either express or implied, to
make or to authorize the making of expenditures on behalf of a
candidate, or means any person who has been placed in a position
with the candidate's campaign committee or organization such that
it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures. (18) "Labor organization" means a labor
union; an employee organization; a federation of labor unions,
groups, locals, or other employee organizations; an auxiliary of
a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in
which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, hours, and other terms and
conditions of employment. (19) "Separate segregated fund" means a
separate segregated fund established pursuant to the
Federal Election Campaign
Act. (20) "Federal Election Campaign Act" means
the "Federal Election Campaign Act
of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et seq., as amended. Sec. 3517.08. (A) The personal expenses of a candidate
paid for by the candidate, from his the candidate's personal
funds, shall not be considered as a contribution by or an expenditure by the
candidate and shall not be reported under section 3517.10 of the Revised Code. (B)(1) An expenditure by a political action
committee shall not be considered a contribution by the
political action committee or an expenditure
by or on behalf of the candidate if the purpose of the
expenditure is to inform only its members by means of mailed
publications of its activities or
endorsements. (2) An expenditure by
a political party shall not be considered a contribution by the
political party or an expenditure by or on behalf of the
candidate if the purpose of the expenditure is to inform
predominantly the party's members by means of mailed
publications or other direct communication of its activities or
endorsements, or for voter contact such as sample
ballots, absent voter's ballots application mailings, voter
registration, or get-out-the-vote activities. (C) An expenditure by a continuing association or
political party shall not be considered a contribution to any
campaign committee or an expenditure by or on behalf of any
campaign committee if the purpose of the expenditure is for the
staff and maintenance of the continuing association's or
political party's headquarters, or for a political poll, survey,
index, or other type of measurement not on behalf of a specific
candidate. (D) The expenses of maintaining a constituent office paid
for, from his the candidate's personal funds, by a candidate who
is a member of the general assembly at the time of the election shall not be
considered a contribution by or an expenditure by or on behalf of
the candidate, and shall not be reported, if the constituent
office is not used for any candidate's campaign activities. (E) Expenditures made by any person for a social or
fund-raising activity shall not be considered an expenditure by
or on behalf of a campaign committee. The net contribution of
each such social or fund-raising activity shall be calculated by
totaling all contributions to the activity minus the expenditures made for the
activity. (F) An expenditure that purchases goods or services shall
be attributed to an election when the disbursement of funds is
made, rather than at the time the goods or services are used. The secretary
of state, under the procedures of Chapter 119. of
the Revised Code, shall establish rules for the attribution of
expenditures to a candidate when he the candidate is a candidate
for more than one office during a reporting period and for expenditures made
in a year in which no election is held. He The secretary of
state shall
further define by rule those expenditures that are or are not by or on behalf
of a candidate. (G) An expenditure for the purpose of a charitable
donation may be made if it is made to an organization that is
exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3), 501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal Revenue Code or is
approved by advisory opinion of the Ohio elections commission as
a legitimate charitable organization. Each expenditure under
this division shall be separately itemized on statements made pursuant to
section 3517.10 of the Revised Code. Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, and political party
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section, a full, true, and itemized
statement, made under penalty of election falsification, setting
forth in detail the contributions and expenditures, no later than
four p.m. of the following dates: (1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election; (2) The thirty-eighth day after the election to reflect
the contributions received and expenditures made from the close
of business on the last day reflected in the last previously
filed statement, if any, to the close of business on the seventh
day before the filing of the statement; (3) The last business day of January of every year to
reflect the contributions received and expenditures made from the
close of business on the last day reflected in the last
previously filed statement, if any, to the close of business on
the last day of December of the previous year. A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate. The statement required under division (A)(1) of this
section shall not be required of any campaign committee,
political action committee, legislative campaign
fund, or political party that has
received
contributions of less than one thousand dollars and has made
expenditures of less than one thousand dollars at the close of
business on the twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under division (A)(2)
of this section. If an election to select candidates to appear on the
general election ballot is held within sixty days before a
general election, the campaign committee of a successful
candidate in the earlier election may file the statement required
by division (A)(1) of this section for the general election
instead of the statement required by division (A)(2) of this
section for the earlier election if the pregeneral
election
statement reflects the status of contributions and expenditures
for the period twenty days before the earlier election to twenty
days before the general election. If a person becomes a candidate less than twenty days
before an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section. No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund, or
political party is required to file a
postgeneral election statement under
division (A)(2)
of this
section. However, such a statement may be filed, at the option
of the campaign committee, political action committee,
legislative campaign fund, or political party. No statement under division (A)(3) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, or political party has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund, or political party shall
file a statement to that effect, on a form prescribed under this
section and made under penalty of election falsification, on the
date required in division (A)(3) of this section. The campaign committee of a statewide candidate shall
file a monthly statement of contributions received during each of
the months of July, August, and
September
in the year of the general election in which the candidate seeks
office. The campaign committee of a statewide candidate shall
file the monthly statement
not later than three business days after the last day of the
month covered by the statement. The campaign committee of a statewide
candidate that files a notice under division
(c)(1) of section 3517.103 of
the Revised Code and the campaign committee
of a statewide candidate to which, in accordance with division (d)
of section 3517.103 of the Revised Code, the contribution
limitations prescribed in section 3517.102 of the
Revised Code no longer apply shall file
an additional monthly statement of contributions received
during the primary election period in the year of the primary election in
which the candidate
seeks nomination to office beginning with contributions received
after the last business day in the
committee's last previously filed statement, if any, through the fifteenth
day of March. That statement shall be filed not later
than three business days after the fifteenth day of
March.
Contributions reported in the additional
monthly statement of contributions shall also be included in the
campaign committee's pre-primary election statement required
under division (A)(1) of this
section.
During the period beginning on the nineteenth day
before the general election in which a statewide candidate seeks election to
office and extending through the day of that general election, each time
a the
campaign committee of the joint candidates for the offices of governor and
lieutenant governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period to equal or exceed two thousand five hundred dollars and each time
a the
campaign
committee of a candidate for the office of chief justice or
justice of the supreme court receives a contribution from a
contributor that causes the aggregate amount of contributions
received from that contributor during that period to exceed five
hundred dollars, the campaign committee
shall file a two-business-day statement reflecting that
contribution. The During the period beginning on the nineteenth
day before a
primary election in which a candidate for statewide
office seeks nomination to office and extending through the day
of that primary election, each time either the campaign committee of a
statewide candidate in that primary election that files a
notice under division (c)(1) of
section 3517.103 of the Revised Code or the campaign
committee
of a statewide candidate in that primary election to which, in
accordance with division (D) of section 3517.103 of the
Revised Code, the contribution limitations prescribed in
section 3517.102 Of the Revised Code
no longer apply receives a contribution
from a contributor that causes the aggregate amount of
contributions received from that contributor during that period
to exceed two thousand five hundred dollars, the campaign
committee shall file a two-business-day statement reflecting
that contribution.
Contributions reported on a two-business-day statement
required to be filed by a campaign committee of a STATEWIDE
candidate in a primary election shall also be included
in the post-primary election statement required to be filed by
that campaign committee under division (A)(2) of this
section.
A two-business-day statement required by this
paragraph shall be filed not
later than two business days after receipt of the contribution. The
statements required by this paragraph shall be filed in
addition to any other statements required by this section. The secretary of state may permit the filing of two-business-day statements
by facsimile or other electronic means of transmission. If a campaign committee or political action committee has
no balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since
the period reflected in its last previously filed statement. (B) Except as otherwise provided in division (C)(7) of
this section, each statement required by division (A) of this
section shall contain the following information: (1) The full name and address of each campaign committee,
political action committee, legislative campaign
fund, or political party, including any
treasurer of the committee, fund, or party,
filing a
contribution
and expenditure statement; (2)(a) In the case of a campaign committee, the
candidate's
full name and address; (b) In the case of a political action committee, the
registration
number assigned to the committee under division (D)(1)
of this
section. (3) The date of the election and whether it was or will be
a general, primary, or special election; (4) A statement of contributions received, which shall
include: (a) The month, day, and year of the contribution; (b)(i) The full name and address of each person,
political
party, campaign committee, legislative campaign fund, or
political action committee from
whom contributions are received and the registration number
assigned to the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any
statement filed by a state or local committee of a political
party, to a finance committee of
such committee, or to a committee recognized by a state or local
committee as its fund-raising auxiliary. Notwithstanding
division (F)(1) of this section, the requirement of
filing the full
address shall be considered as being met if the address filed is
the same address the contributor provided under division
(E)(1) of
this section. (ii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly receives a
contribution
from an individual that exceeds one
hundred dollars, the name of the individual's current employer,
if any, or, if the individual is self-employed, his the
individual's occupation; (iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly receives a
contribution transmitted pursuant to
section 3599.031 of the Revised Code from
amounts deducted from the wages and salaries of two or more
employees that exceeds
in the aggregate one hundred dollars during any one filing period
under
division (A)(1), (2), or (3) of this section, the full
name of the
employees' employer and the full name of the labor organization
of which the
employees are members, if any. (c) A description of the contribution received, if other
than money; (d) The value in dollars and cents of the contribution; (e) A separately itemized account of all contributions and
expenditures regardless of the
amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a contribution
transmitted pursuant to section 3599.031 of the Revised Code from amounts
deducted from the wages and salaries of employees if the contribution from the
amount deducted from the wages and salary of any one employee is twenty-five
dollars or less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall include a
description of and the value of each in-kind contribution received at that
activity from any person who made one or more
such contributions whose aggregate value exceeded two hundred
fifty dollars and shall be listed separately, together with the expenses
incurred and paid in connection with that activity. A campaign committee,
political action committee, legislative campaign fund, or political party
shall keep records of contributions from each person in the amount of
twenty-five dollars or less at one social or fund-raising activity and
contributions from amounts deducted under section 3599.031 of the Revised Code
from the wages and salary of each employee in the amount of twenty-five
dollars or less aggregated in a calendar year. No continuing association that
is
recognized by a state or local committee of a political party as an auxiliary
of the party and that makes a contribution from funds derived solely from
regular dues paid by members of the auxiliary shall be required to list the
name or address of any members who paid those dues. Contributions that are other income shall be itemized
separately from all other contributions. The information
required under division (B)(4) of this section shall be
provided for all other income itemized. As used in this
paragraph, "other income" means a loan, investment
income, or interest income. (f) In the case of a campaign committee of a
state elected officer, if a person doing business with the state elected
officer in his the officer's official capacity
makes a contribution to
the campaign committee of that officer, the information required
under division (B)(4) of this section in regard to that
contribution, which shall be filed together with and considered a
part of the committee's statement of contributions as required
under division (A) of this section but shall be filed on
a separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: (i) "State elected officer" has the
same meaning as in section 3517.092 of the Revised
Code. (ii) "Person doing business" means a
person or an officer of an entity who enters into one or more
contracts with a state elected
officer or anyone authorized to enter into contracts on behalf of
that officer to receive payments for goods or services, if the
payments total, in the aggregate, more than five thousand dollars
during a calendar year. (5) A statement of expenditures which shall include: (a) The month, day, and year of the expenditure; (b) The full name and address of each person, political
party, campaign committee, legislative campaign fund, or
political action committee to whom
the expenditure was made and the registration number assigned
to the
political action committee under division (D)(1) of this
section; (c) The object or purpose for which the expenditure was
made; (d) The amount of each expenditure. (C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. (2) The person filing the statement shall, under penalty of
election falsification, include with it a list of each anonymous
contribution, the circumstances under which it was received, and
the reason it cannot be attributed to a specific donor. (3) Each statement of a campaign committee of a candidate who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under
the candidate's direct supervision and control. In a space
provided in the statement, the person filing the statement shall
affirm that each such contribution was voluntarily made. (4) A campaign committee that did not receive
contributions or
make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section. (5) The campaign committee of any person who attempts to become
a candidate and who, for any reason, does not become certified in
accordance with Title XXXV of the Revised Code for placement on
the official ballot of a primary, general, or special election to
be held in this state, and who, at any time prior to or after an
election, receives contributions or makes expenditures, or has
given consent for another to receive contributions or make
expenditures, for the purpose of bringing about the person's
nomination or election to public office, shall file the statement
or statements prescribed by this section and a termination
statement, if applicable. This paragraph does not apply to any
person with respect to an election to the offices of member of a
county or state central committee, presidential elector, or
delegate to a national convention or conference of a political
party. (6)(a) The statements required to be filed under this section
shall specify the balance in the hands of
the campaign committee, political action
committee, legislative campaign fund, or political
party and the disposition intended to be made
of that
balance. (b) The form for all statements required to be
filed under this section shall be prescribed by the secretary of state, and
furnished to the boards of elections in the several counties, and the boards
of elections shall supply printed copies of those forms without charge. The
secretary of state may require that the statements required to be stored on
computer by him the secretary of state under divisions (A)(1) to
(4) of section 3517.106 of the Revised Code be filed in whatever format
he the secretary of state considers necessary so that he
the secretary of state may store the information contained in the
statements on computer. Any such
format shall be of a type and nature that is readily available to whoever is
required to file the statements in that format. (7) Each monthly statement and each two-business-day
statement required by
division (A) of this section shall contain the
information required by
divisions (B)(1) to (4), (C)(2), and, if
appropriate, (C)(3) of this section. Each statement
shall be signed as required by division (C)(1) of this section. (D)(1) Prior to receiving a contribution or making an expenditure, every
campaign committee, political action
committee, legislative campaign fund, or political party
shall appoint a treasurer and shall
file, on a form prescribed by the secretary of state, a
designation of that appointment,
including the full name and address of the treasurer and of the
campaign committee, political
action committee, legislative campaign fund, or political
party. That designation shall be filed with
the official with whom the campaign committee,
political action committee, legislative campaign fund, or
political party is required to
file statements under section 3517.11 of the Revised Code. The
name of a
campaign committee shall include at least the last name of the
campaign
committee's candidate. The secretary of
state shall assign a registration number to each political action
committee
that files a designation of the appointment of a treasurer under
division
(D)(1) of this section
if the political action committee is required by division
(A)(1) of
section 3517.11 of the Revised Code to file the
statements
prescribed by this section with the secretary of state. (2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions,
from
whom received and the purpose for which they were disbursed. (3)(a) Except as otherwise provided in section 3517.108 of the Revised Code, a
campaign committee shall deposit all monetary
contributions
received by the committee into an account separate from a personal or business
account of the candidate or campaign committee. (b) A political action committee
shall deposit all monetary contributions received by the committee into an
account separate from all other funds. (c) A state or county political party may
establish a state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party
fund
under section 3517.17 of the Revised Code and from all other funds. A state or county
political party may deposit into its state candidate fund any amounts of
monetary contributions that are made to or accepted by the political party
subject to the applicable limitations, if any, prescribed in section 3517.102
of the Revised Code. A state or county
political party
shall deposit all other monetary contributions received by the
party into one or more accounts
that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code. (d) Each state political party shall have only one legislative campaign fund
for each house of the general assembly. Each such fund shall be separate from
any other funds or accounts of that state party. A legislative campaign fund
is authorized to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members of that
political party to the house of the general assembly with which that
legislative campaign fund is associated. Each legislative campaign fund shall
be administered and controlled in a manner designated by the caucus. As used
in division (D)(3)(d) of this section, "caucus" has the same meaning as in
section 3517.01 of the Revised Code and includes, as an ex officio member, the
chairperson of the state political party with which the caucus
is associated, or
that chairperson's designee. (4) Every expenditure in excess of twenty-five dollars
shall be
vouched for by a receipted bill, stating the purpose of the
expenditures, that shall be filed with the
statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section. (5) The secretary of state or the board of
elections, as the
case may
be, shall issue a receipt for each statement filed under this
section and
shall preserve a copy of the receipt for a period of
at least six
years. All statements filed under this section shall be
open to public inspection in
the office where they are filed and shall be carefully preserved
for a period of at least six years after the year in which they
are filed. (E)(1) Any person, political party, campaign committee,
legislative campaign fund, or
political action committee that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall provide
the
registration number assigned to the committee under division
(D)(1)
of
this section to the recipient of the contribution at the time the
contribution
is made. (2) Any individual who makes a contribution that
exceeds one hundred dollars to a campaign committee of a statewide candidate
or candidate for the office of member of the general assembly shall provide
the name of the individual's current employer, if any, or, if
the individual is
self-employed, the individual's occupation to
the recipient of the contribution at the time the contribution is
made. Sections 3599.39 and 3599.40 of the Revised
Code do not apply to division (E)(2) of this
section. (3) If a campaign committee shows that it has exercised its best efforts to
obtain, maintain, and submit the information required under divisions
(B)(4)(b)(ii) and (iii)
of this section, that committee is considered to have met the requirements of
those divisions. A campaign committee shall not be
considered
to have
exercised its best efforts unless, in connection with written solicitations,
it regularly includes a written request for the information required under
division (B)(4)(b)(ii) of this section from the contributor or the information
required under division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. (4) Any check that a political action committee uses to
make a contribution or an expenditure shall contain the full name
and address of the committee and the registration number assigned
to the committee under division (D)(1) of this section. (F) As used in this section: (1) "Address" means all of the
following if they exist: apartment number, street, road, or
highway name and number, rural delivery route number, city or
village, state, and zip code as used in a person's
post-office address, but not post-office box.
If an address is required in this section, a post-office box and
office, room, or suite number may be included in addition to but
not in lieu of an apartment,
street, road, or highway name and number. If an address is
required in this
section, a
campaign committee, political action committee, legislative campaign fund, or
political party may use
the business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund, or
political party may be used in
addition to that address. (2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the office of
secretary of state, auditor of state, treasurer of state, attorney general,
member of the state board of education, chief justice of the supreme court, or
justice of the supreme court. (G) An independent expenditure shall be reported
whenever and in the same manner that an expenditure is required to be reported
under this section and shall be reported pursuant to division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. (H)(1) Except as otherwise provided in division (H)(2)
of this
section, if, during the combined preelection and postelection reporting
periods
for an election, a campaign committee has received contributions of five
hundred dollars or less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, under penalty
of election falsification, in lieu of the statement required by division
(A)(2) of this section. The statement shall indicate the total
amount of contributions received and the total amount of expenditures made
during
those combined reporting periods. (2) In the case of a successful candidate at a primary election, if either
the
total contributions received by or the total expenditures made by the
candidate's campaign committee during the preprimary, postprimary, pregeneral,
and postgeneral election periods combined equal more than five hundred
dollars,
the campaign committee may file the statement under division (H)(1)
of
this section only for the primary election. The first statement that the
campaign committee files in regard to the general election shall reflect all
contributions received and all expenditures made during the preprimary and
postprimary election periods. (3) Divisions (H)(1) and (2) of this section do not apply if a
campaign committee receives contributions or makes expenditures prior to the
first day of January of the year of the election at which the
candidate seeks
nomination or election to office or if the campaign committee does not file a
termination statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its postgeneral election
statement in the case of other candidates. (I) In the case of a contribution made by a partnership or
unincorporated business, all of the following
apply: (1) The recipient of the contribution shall report the contribution by
listing both the partnership or unincorporated business and the name of the
partner or owner making the contribution. (2) For purposes of section 3517.102 of the Revised Code, the contribution
shall be considered to have been made by the partner or owner reported under
division (I)(1) of this section. (3) No contribution from a partnership or unincorporated business shall be
accepted unless the recipient reports the contribution under division (I)(1)
of this section. (J) A candidate shall have only one campaign committee at any
given time for all of the offices for which he the person is a
candidate or holds office. (K)(1) in addition to filing a designation of APPOINTMENT
of a treasurer under division
(D)(1) of this section, the campaign committee of any candidate
for an elected municipal office that pays an annual amount of
compensation of five thousand dollars or less, the campaign
committee of any candidate for member of a board of education
except member of the state board of education, or the campaign
committee of any candidate for township trustee or township
clerk may sign, under penalty of election FALSIFICATION, a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars. The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and
petition, a nominating petition, or a declaration of intent to
be a write-in candidate. (2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (K)(3) OF
THIS SECTION, a campaign committee that files a certificate
under division (K)(1) OF THIS SECTION IS NOT REQUIRED TO FILE
THE STATEMENTS REQUIRED BY DIVISION (A) OF SECTION 3517.10 Of the Revised Code. (3) if, after filing a certificate under division (K)(1)
of this section, a campaign committee exceeds any of the
limitations described in that division during an election
period, the certificate is void and thereafter the campaign
committee shall file the statements required by
division (A) of section 3517.10 Of the Revised Code. if the
campaign committee has not previously filed a statement, then on
the first statement the campaign committee is required to file
under division (A) of section 3517.10 Of the Revised Code after
the committee's certificate is void, the committee shall report all
contributions received and expenditures made from the time the
candidate filed the candidate's declaration of candidacy and
petition, nominating petition, or declaration of intent to be a
write-in candidate. (4) as used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or, if the
candidate was nominated in a primary election,
the day of the election at which the candidate seeks office. (L) This is an interim section effective until January
1, 2000. Sec. 3517.102. (A) Except as otherwise provided in section
3517.103 of the Revised Code, as used in this section and sections 3517.103
and 3517.104 of the Revised Code: (1) "Candidate" has the same meaning as in section 3517.01 of the Revised
Code but includes
only candidates for the offices of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state,
attorney general, member of the state board of education, member of the
general assembly, chief justice of the supreme
court, and justice of the supreme court. (2) "Statewide candidate" or "any one
statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for
the office of secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education, chief justice
of the supreme court, or justice of the
supreme court. (3) "Senate candidate" means a candidate for
the office of state senator. (4) "House candidate" means a candidate for
the office of state representative. (5)(a) "Primary election period" for a
candidate begins on the beginning date of the candidate's
pre-filing period specified in division (A)(9) of section
3517.109 of the Revised Code and ends on the day of
the primary election. (b) In regard to any candidate, the "general
election period"
begins on the day after the primary election immediately
preceding the general election at which he the candidate seeks
an office specified in division (A)(1) of this section and ends on the
thirty-first day of December following that general election. (6) "State candidate fund" means the state candidate fund established by a
state or county political party under division (D)(3)(c) of
section
3517.10 of the Revised Code. (7) "Postgeneral election statement" means the statement filed under
division (A)(2) of section 3517.10 of the Revised Code by the campaign
committee of a candidate after the general election in which the candidate ran
for office
or filed by legislative campaign fund after the general election in an
even-numbered year. (8) "Contribution" means any contribution that is required to be reported
in the statement of contributions under section 3517.10 of the Revised Code. (9) "Designated Except as otherwise provided in division
(F) of section 3517.103 and division
(B)(3)(b) of section 3517.1010 Of the Revised Code, "designated
state campaign
committee" means: (a) In the case of contributions to or from a state political party, a
campaign committee of a statewide candidate, statewide officeholder, senate
candidate,
house candidate, or member of the general assembly. (b) In the case of contributions to or from a county political party, a
campaign committee of a statewide candidate, statewide officeholder, senate
candidate or house candidate whose candidacy is to be submitted to some or
all
of the electors in that county, or member of the general assembly whose
district contains all or part of that county. (c) In the case of contributions
to or from a legislative campaign fund, a campaign committee of
any of the following: (i) A senate or house candidate who, if elected, will be a member of the same
party that established the legislative campaign fund and the same house with
which the legislative campaign fund is associated; (ii) A state senator or state representative who is a member of the same
party that established the legislative campaign fund and the same house with
which the legislative campaign fund is associated. (B)(1) No individual shall make a contribution
or contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign
committee of any one statewide candidate in a primary election period or in a
general election period; (b) Two thousand five hundred dollars to the campaign
committee of any one senate candidate in a primary election period or in a
general election period; (c) Two thousand five hundred dollars to the campaign
committee of any one house candidate in a primary election period or in a
general election period; (d) Five thousand dollars to any one county political
party for the party's state candidate fund or to any one legislative campaign
fund in a calendar year; (e) Fifteen thousand dollars to any one state political party for
the
party's state candidate fund in a calendar year; (f) Five thousand dollars to any one political action committee
in a calendar year. (2) Subject to division (D)(1) of this section, no
political action committee shall make a contribution or
contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign
committee of any one statewide candidate in a primary election period or in a
general election period; (b) Two thousand five hundred dollars to the campaign
committee of any one senate candidate in a primary election period or in a
general election period; (c) Two thousand five hundred dollars to the campaign
committee of any one house candidate in a primary election period or in a
general election period; (d) Five thousand dollars to any one county political
party for the party's state
candidate fund or to any one legislative campaign fund in a calendar year; (e) Fifteen thousand dollars to any one state political
party for
the party's state candidate fund in a calendar year; (f) Two thousand five hundred dollars to another political
action committee in a calendar year. Division (B)(2)(f) of
this section does
not apply to a political action committee that makes a contribution to a
political action committee affiliated with it. For purposes of division
(B)(2)(f) of this section, a political action committee is
affiliated with
another political action committee if they are both established, financed,
maintained, or controlled by the same corporation, organization, labor
organization, continuing association, or other person, including any parent,
subsidiary, division, or department of that corporation, organization, labor
organization, continuing association, or other person. (3) No campaign committee shall make a contribution or
contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign committee
of any one statewide candidate in a primary election period or in a general
election period; (b) Two thousand five hundred dollars to the campaign committee
of any one senate candidate in a primary election period or in a general
election period; (c) Two thousand five hundred dollars to the campaign committee
of any one house candidate in a primary election period or in a general
election period; (d) Two thousand five hundred dollars to any one
political action committee in a calendar year. (4) Subject to division (D)(3) of this section, no
political party shall make a contribution or contributions
aggregating more than two thousand five hundred dollars to any one political
action
committee in a calendar year. (5) No campaign committee, other than a designated state campaign committee,
shall make a contribution or contributions aggregating in a calendar year more
than: (a) Fifteen thousand dollars to any one state political party for the party's
state candidate fund; (b) Five thousand dollars to any one legislative campaign fund; (c) Five thousand dollars to any one county political party for the party's
state candidate fund. (6)(a) No state candidate fund of a county political party shall
make a contribution or contributions, except a contribution or contributions
to a designated state campaign committee, in a primary election period or a
general election period, aggregating more than: (i) Two thousand five hundred dollars to the campaign committee of
any one
senate candidate; (ii) Two thousand five hundred dollars to the campaign
committee of any one
house candidate. (b)(i) No state candidate fund of a state or county political party
shall make a transfer or a contribution or transfers or
contributions of cash or cash equivalents
to a designated state campaign committee in a primary election
period or in a general election period aggregating more than: (I) Five hundred thousand dollars to the campaign committee of any one
statewide candidate; (II) One hundred thousand dollars to the campaign committee of any one senate
candidate; (III) Fifty thousand dollars to the
campaign committee of any one house candidate. (ii) No legislative campaign fund shall make a transfer or a
contribution or
transfers or contributions of cash or cash equivalents to a designated
state campaign committee
aggregating more than: (I) Fifty thousand dollars in a primary election period or one
hundred thousand dollars in a general election period to the campaign
committee or any one senate candidate; (II) Twenty-five thousand dollars in a primary election period or
fifty thousand dollars in a general election period to the campaign committee
of any one house candidate. (iii) As used in divisions (B)(6)(b) and
(C)(6)(a) and (b) of this section, "transfer
or contribution of cash or
cash equivalents" does not include any in-kind contributions. (c) A county political party that has no state candidate fund and that is
located in a county having a population of less than one hundred fifty
thousand may make one or more contributions from other accounts to any one
designated state campaign committee that do not exceed, in the
aggregate, two thousand five hundred dollars in any primary election period
or general election period. As used in division (B)(6)(c) of this section,
"other accounts" does not include either an account that contains the public
moneys received from the Ohio political party fund under section 3517.17 of
the Revised Code or the county political party's operating account. (d) No legislative campaign fund shall make a contribution, other
than to a designated state campaign committee or to the state candidate fund
of a political party. (C)(1) Subject to division (D)(1) of this section, no campaign committee of a
statewide candidate shall accept a contribution or contributions aggregating
more than two thousand five hundred dollars from any one individual, from any
one political action committee, or from any one other campaign
committee in a
primary election period or in a general election period. (2) Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a senate
candidate shall accept a contribution or contributions aggregating more than
two thousand five hundred dollars from any one individual, from any one
political action committee, from any one state candidate fund of a county
political
party, or from any one other campaign committee in a
primary election period or in a general election
period. (3) Subject to division (D)(1) of this section and except
for a designated state campaign committee, no
campaign committee of a house candidate shall
accept a contribution or contributions aggregating more than two
thousand five hundred dollars from any one individual, from any one political
action committee, from any one state candidate fund of a county political
party, or from any one other campaign committee in a
primary election
period or in a general election period. (4)(a) Subject to division (D)(1) of this section, no
county political party shall accept a
contribution or contributions for the party's state candidate
fund aggregating
more than five thousand dollars from any one
individual, from any one political
action committee, or from any one campaign committee, other than a designated
state campaign committee, in a calendar year. (b) Subject to division (D)(1) of this section, no state political party
shall accept a contribution or contributions for the party's state candidate
fund aggregating more than fifteen thousand dollars from any one individual,
from any one political action committee, or from any one campaign committee,
other than a designated state campaign committee, in a calendar year. (5) Subject to division (D)(1) of this section, no
legislative campaign fund shall accept a
contribution or contributions aggregating more than five thousand
dollars from any one individual, from any one political action
committee, or from any one campaign committee, other than a designated state
campaign committee, in a calendar year. (6)(a) No designated state campaign committee shall accept a transfer
or contribution of cash or cash equivalents from a state candidate fund of
a state or county
political party aggregating in a primary election period or a general election
period more than: (i) Five hundred thousand dollars, in the case of a campaign committee of a
statewide candidate; (ii) One hundred thousand dollars, in the case of a campaign committee of a
senate candidate; (iii) Fifty thousand dollars, in the case of a campaign committee of a house
candidate. (b) No designated state campaign committee shall accept a
transfer or contribution of cash or cash equivalents from a legislative
candidate fund
aggregating more than: (i) Fifty thousand dollars in a primary election period or one
hundred thousand dollars in a general election period, in the case of a
campaign committee of a senate candidate; (ii) Twenty-five thousand dollars in a primary election period
or fifty thousand dollars in a general election period, in the case of a
campaign committee of a house candidate. (7)(a) Subject to division (D)(3) of this
section, no political action committee shall accept a contribution or
contributions aggregating more than five thousand dollars from any one
individual, or more than two thousand five hundred dollars from any one
campaign committee or from any one political party. (b) Subject to division (D)(1) of this section, no
political action committee shall accept a contribution or contributions
aggregating more than two thousand five hundred dollars from another political
action committee in a calendar year. Division (C)(7)(b)
of this section does not apply to a political action committee that accepts a
contribution from a political action committee affiliated with it. For
purposes of division (C)(7)(b) of this section, a political action
committee is
affiliated with another political action committee if they are both
established, financed, maintained, or controlled by the same corporation,
organization, labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other person. (D)(1) For purposes of the limitations prescribed
in division (B)(2) of this section and the limitations
prescribed in divisions (C)(1), (2), (3), (4), (5),
and (7)(b) of this section,
whichever is applicable, all contributions made by and all contributions
accepted from
political action committees that are established, financed,
maintained, or controlled by the same corporation, organization,
labor organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other person, are
considered to have been made by or accepted from a single
political action committee. (2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and (C)(7) of this
section, "political action committee" does not include a political action
committee that is organized to support or oppose a ballot issue
or question and that makes no contributions to or expenditures
on behalf of a political party, campaign committee, legislative
campaign fund, or political action committee. (3) For purposes of the limitations prescribed in divisions (B)(4) and
(C)(7)(a)
of this section, all contributions made by and all contributions accepted from
a national political party, a state political party, and a county political
party are considered to have been made by or accepted from a single political
party and shall be combined with each other to determine whether the
limitations have been exceeded. (E)(1) If a legislative campaign fund has kept a total amount of
contributions exceeding one hundred fifty thousand dollars at the close of
business on the seventh day before the
postgeneral election statement is required to be filed under section 3517.10
of the Revised Code, the legislative campaign fund shall comply with division
(E)(2) of this section. (2)(a) Any legislative campaign fund that
has kept a total amount of contributions in excess of the amount specified in
division (E)(1) of this section at the close of
business on the seventh day before the
postgeneral election statement is required to be filed under section 3517.10
of the Revised Code shall dispose of the excess amount in the manner
prescribed in division (E)(2)(c)(i), (ii), or (iii) of this section not later
than ninety days after the day the postgeneral
election statement is required to be filed under section 3517.10 of the
Revised Code. Any
legislative campaign fund that is required to
dispose of
an excess amount of contributions under this division shall file a statement
on the ninetieth day after the postgeneral election statement is required to
be filed under section 3517.10 of the Revised Code indicating the total amount
of contributions the fund has at the close of
business on the seventh day before the postgeneral
election statement is required to be filed under section 3517.10
of the Revised Code and
that the
excess
contributions were disposed of pursuant to this division and divisions
(E)(2)(b) and (c) of this section. The
statement shall be on a form prescribed by the secretary of state and shall
contain any additional information the secretary of state considers necessary. (b) There is hereby created in the state treasury the Ohio elections
commission fund. All moneys credited to the fund shall be used solely for the
purpose of paying expenses related to the operation of the Ohio elections
commission. (c) Any legislative campaign fund that is
required to
dispose of an excess amount of contributions under division (E)(2) of this
section shall dispose of that excess amount by doing any of the following: (i) Giving the amount to the treasurer of state for deposit into the state
treasury to the credit of the Ohio elections commission fund; (ii) Giving the amount to individuals who made contributions to that
legislative campaign fund as a refund of all or part of their
contributions; (iii) Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c) of the
Internal Revenue Code. (F)(1) No legislative campaign
fund shall fail to file a statement required by division
(E) of this section. (2) No legislative campaign fund
shall fail to dispose of excess contributions as required by
division (E) of this section. (G) Nothing in this section shall affect, be used in determining,
or supersede a limitation on campaign contributions as provided for in the
Federal Election Campaign Act. (H) This is an interim section effective until January
1, 2000. Sec. 3517.103. (A) For purposes of this
section: (1) "Statewide candidate" means the joint candidates for the offices of
governor and lieutenant governor or a candidate for the office of secretary
of
state, auditor of state, treasurer of state, attorney general, or member of
the state board of education. (2) "Personal funds" means moneys contributed CONTRIBUTIONS
to the campaign committee of a candidate by the candidate or by
the candidate's spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters,
grandparents, mother-in-law, father-in-law, brothers-in-law,
sisters-in-law, or grandparents by marriage. (3) When a debt or other obligation incurred by a
committee or by a candidate on behalf of the candidate's committee
described in division (B)(C)(1) or (2) of this
section is to be paid from personal funds, those funds are
considered to be expended when the debt or obligation is
incurred, regardless of when it is paid. (4) For purposes of Chapter 3517. Of the Revised Code, a candidate is
an "opponent" when the candidate has
indicated on the candidate's most recently filed designation of
treasurer that the candidate seeks the same office at the same
primary or general election as another candidate whose campaign
committee has filed a personal funds notice required by division
(C)(1) or (2) of this section. (B)(1) Except as otherwise provided in division (B)(2)
of this section, no statewide candidate or candidate for the office of
member of the general assembly shall make an expenditure of
personal funds to influence the results of an election for that candidate's
nomination or election to office unless the personal funds are
first deposited into the campaign fund of that candidate's
campaign committee. (2) A statewide candidate or candidate for office of the
general assembly may make an expenditure of personal funds
without first depositing those funds into the campaign
committee's funds as long as the aggregate total of those
expenditures does not exceed five hundred dollars at any
time during an election period. After the
candidate's campaign committee reimburses the candidate for any
direct expenditure of personal funds, the amount that was
reimbursed is no longer included in the aggregate total of
expenditures of personal funds subject to the five-hundred-dollar limit. (C)(1) If the campaign committee of any
statewide candidate has received or expended or expects to expend more
than
one hundred thousand dollars of personal funds during a primary
election period or one hundred fifty thousand dollars of personal funds during
a general election period, the
campaign committee shall file a PERSONAL FUNDS notice in the manner provided
in
division (B)(C)(3) of this section indicating that the
committee has RECEIVED OR expended or expects to expend more than that
amount. For the purpose of division (B)(C)(1) of this
section, a joint team of candidates for governor and lieutenant
governor shall be considered a single candidate and their
personal funds shall be combined. (2) If the campaign committee of any senate candidate
or house candidate has RECEIVED OR expended or expects to expend more than
twenty-five thousand dollars of personal funds during a primary
election period or twenty-five thousand dollars of personal funds during a
general election period, the
campaign committee shall file a PERSONAL FUNDS notice in the manner provided
in
division (B)(C)(3) of this section indicating that the
committee has RECEIVED OR expended or expects to expend more than that
amount. (3) The PERSONAL FUNDS notice required in divisions (B)(C)(1)
and (2) of this section and the declaration of no limits required under
division
(D)(2) of this section shall be on a form
prescribed by the
secretary of state. The PERSONAL FUNDS notice required in divisions
(C)(1) and (2) of this section shall be filed not later than
sixty the earlier of the following times: (a) One hundred twenty days before a primary election, in
the case of personal funds RECEIVED, expended, or expected
to be expended during a
primary election period, or not later than sixty one hundred
twenty days before a general
election, in the case of personal funds RECEIVED, expended,
or expected to
be expended during a general election period. The; (b) Two business days after the candidate's campaign committee
receives or makes an expenditure of personal funds or the candidate makes an
expenditure of personal funds on behalf of the candidate's campaign committee
during that election period that exceed, in the aggregate, the
amount specified in division (C)(1) or (2) of this section. The personal funds notice required under divisions (C)(1)
and (2) of this
section and the declaration of no limits required under division
(D)(2) of
this section shall be filed wherever the campaign committee files
statements of
contributions and expenditures under section 3517.11 of the
Revised Code. The board of elections
shall send to the secretary of state a copy of any personal funds
notice or
declaration of no limits filed
by the campaign committee of a senate candidate or house
candidate under division (B)(C)(3) OR (D)(2) of this
section. (C)(D)(1) Whenever a campaign committee files a
notice under division (B)(C)(1) or (2) of this section,
and the campaign committee of an opponent files a
declaration of no limits pursuant to division
(D)(2) of this section within
thirty days of the filing of the personal funds notice under division
(C)(1) or (2) of this section,
the
contribution limitations prescribed in section 3517.102 of the
Revised Code no longer apply to the campaign committee of the
candidate's opponent.
(2) No campaign committee of a
candidate described in division (D)(1) of this
section shall accept any contribution or contributions from a contributor that
exceed the limitations prescribed in section 3517.102 Of the Revised Code until the committee
files a declaration that the committee will accept contributions that exceed
those limitations. This declaration shall be filed not later than thirty days
after a candidate's opponent has filed a personal funds notice pursuant to
division (C)(1) or (2) of section 3517.103 Of the Revised Code, shall be referred to
as the "declaration of no limits," and shall list all of the following: (a) The amount of cash on hand in the candidate's campaign fund
at the end of the day immediately preceding the day on which the candidate's
campaign committee files the declaration of no limits; (b) The value and description of all campaign assets worth five
hundred dollars or more available to the candidate at the end of the day
immediately preceding the day on which the candidate's campaign committee
files the declaration of no limits. (3) A candidate who was not an opponent of a candidate who filed the
personal funds notice required under division (C)(3) of this section
on the date the personal funds notice was filed may file the declaration of no
limits pursuant to division (D)(2) of this section within thirty days
after becoming an opponent of the candidate who filed the personal funds
notice. (4) If the candidate
whose campaign committee filed a personal funds notice under division
(C)(1) or (2) of this section
fails to file a declaration of candidacy for the office listed
on the designation of treasurer filed under division
(D) of section 3517.10 of the
Revised Code or files a declaration of
candidacy or nominating petition for that office and dies or
withdraws, both of the following apply to the campaign committee
of that candidate's opponent if the opponent has filed a declaration of no
limits pursuant to division (D) of this section: (a) No contribution from a contributor may
thereafter be accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor
during the primary election period or general election period, whichever is
applicable, would cause that committee to exceed the
contribution limitations prescribed in section 3517.102 of the
Revised Code for the applicable election period. (b) The statement of primary-day
finances or the year-end statement required to be filed under division
(E) of section 3517.1010 of the Revised Code shall
be filed not later than
fourteen days after the date the candidate's opponent fails to
file a declaration of candidacy or nominating petition by the appropriate
filing deadline, or dies
or withdraws. For purposes of calculating permitted funds under division
(A)(7) of section 3517.1010 Of the Revised Code, the primary or general election
period, whichever is applicable, shall be considered to have ended on the
filing deadline, in the case of an opponent who fails to file a declaration of
candidacy or nominating petition, or on the date of the opponent's death or
withdrawal. In such an event, the filing of a statement of primary-day
finances or year-end finances and the disposing of any excess funds as
required under division (B) of section 3517.1010 Of the Revised Code satisfies the
candidate's obligation to file such a statement for that election period. (D)(E)(1) No campaign committee shall fail to file
a personal funds notice as required under division
(B)(C)(1)
or (2) of this section.
(2) No campaign committee shall accept any contribution in excess of the
contribution limitations prescribed in section 3517.102 Of the Revised Code: (a) Unless a declaration of no limits has been filed under
division (D)(2) of this section; (b) In violation of division (D)(4) of this section once
the candidate who filed a personal funds notice under division (C)(3)
of this section fails to file a declaration of candidacy or nominating
petition or that candidate dies or withdraws. (3) No campaign committee that violates division
(D)(E)(1) of this section shall expend any personal funds in
excess of the amount specified in division (B)(C)(1) or (2)
of this section, whichever is appropriate to the committee. (3)(4) The candidate of any campaign committee that
expends personal funds in violation of VIOLATES division
(D)(2)(E) of
this section shall forfeit his the candidate's nomination, if
he the candidate was nominated, or the office to which
he
the candidate was elected, if he the candidate was
elected to office.
(F)(1) Whenever a campaign committee files a notice under
division
(C)(1) or (2) of this section or whenever the contribution
limitations prescribed in section 3517.102 Of the Revised Code do not apply to a campaign
committee under division (D)(1) of this section, that committee is
not a designated state campaign committee for the purpose of the limitations
prescribed in section 3517.102 Of the Revised Code with regard to contributions made by that
campaign committee to a legislative campaign fund or to a state candidate
fund of a state or county political party. (2) Division (F)(1) of this section no longer applies
to a campaign committee after both of the following
occur: (a) The primary or general election period
during which the contribution limitations prescribed in section
3517.102 of the Revised Code did not apply after being
removed
pursuant to division (D) of this section has expired; (b) When the campaign committee has
disposed of all excess funds and excess aggregate contributions
as required under section
3517.1010 of the Revised Code. (G) This is an interim section effective until January
1, 2000. Sec. 3517.107. (A) As used in this section, "federal political committee"
means a political committee, as defined in the Federal Election Campaign Act,
that is registered with the federal election commission under that act. (B) Any federal political committee may make
contributions, expenditures, or independent expenditures from its
federal account in connection with any state or local election in
Ohio. Prior to making any such contribution,
expenditure, or independent expenditure, the federal political
committee shall register with the secretary of state by filing a
copy of its most recent federal statement of organization. A
federal political committee registered with the secretary of
state under this division shall file with the secretary of state
any amendment to its statement of organization that is required
under the Federal Election Campaign
Act to be reported to the federal election commission. (C) When, during any federal reporting period
under the Federal Election Campaign
Act, a federal political committee makes a contribution,
expenditure, or independent expenditure from its federal account
in connection with a state or local election in Ohio, the
committee shall file with the secretary of state not later than
the date on which its report is required to be filed with the
appropriate federal office or officer under the Federal
Election Campaign Act, copies of the
following pages from that report: (1) The summary page; (2) The detailed summary page; (3) The page or pages that contain an itemized list of
the contributions, expenditures, and independent expenditures
made in connection with state and local elections in
Ohio. The total amount of contributions, expenditures, and
independent expenditures made in connection with state and local
elections in Ohio shall be reflected on the summary page
or on a form that the secretary of
state shall prescribe. (D) When, during any calendar year, a federal
political committee makes a contribution from its federal account
in connection with a state or local election in Ohio to
a
state or local political action committee that is required under
section 3517.11 of the Revised Code to file any statement prescribed by
section
3517.10 of the Revised Code, and the federal
political committee and state or
local political action committee are established, financed,
maintained, or controlled by the same corporation, organization,
continuing association, or other person, including any parent,
subsidiary, division, department, or unit of that corporation,
organization, continuing association, or other person, the
federal political committee shall file a statement with the
secretary of state not later than the thirty-first last business
day of December January of that the next
calendar year. The statement shall be
on a form prescribed by the secretary of state and shall include
a list of the names and addresses of contributors that are
residents of Ohio and that made contributions to the
federal political committee during the calendar year covered by
the statement and, for each name listed, the aggregate total amount
contributed by each contributor during the reporting period. Sec. 3517.109. (A) As used in this section: (1) "Candidate" has the same meaning as in section 3517.01 of the Revised
Code but includes only candidates for the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state, attorney
general, member of the state board of education, and member of the
general assembly. (2) "Statewide candidate" means the joint candidates for the offices of
governor and lieutenant governor or a candidate for the office of secretary of
state, auditor of state, treasurer of state, attorney general, and
member of the
state board of education. (3) "Senate candidate" means a candidate for the office of state senator. (4) "House candidate" means a candidate for the office of state
representative. (5) "State office" means the offices
of governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, member of the state
board of education, and member of the general assembly. (6) "Aggregate contribution" means the total of all
contributions from a contributor during the pre-filing period. (7) "Allowable aggregate contribution" means all of the
following: (a) In the case of a contribution
from a contributor whose contributions are subject to the
contribution limits described in divisions
(B)(1), (2), (3), or
(6)(a) of section 3517.102 of the
Revised
Code, that portion of the
amount of the contributor's aggregate contribution that does not
exceed the pre-primary contribution limit applicable to that
contributor. (b) In the case of a contribution or
contributions from a contributor whose contributions are not
subject to the contribution limits described in divisions
(B)(1), (2), (3), or
(6)(a) of section 3517.102 of the
Revised
Code, the total of the
following: (i) That portion of the aggregate contribution that
was received as in-kind services; (ii) That portion of the aggregate
contribution that was received as cash and does not exceed the
applicable pre-primary cash transfer or contribution limits described in
division (B)(6)(b) of section 3517.102 of the
Revised Code. (8) "Excess aggregate contribution" means, for each
contributor, the amount by which that contributor's aggregate
contribution exceeds that contributor's allowable aggregate
contribution. (9) "Pre-filing period" means the period of time ending
on the day that the candidacy petitions are due for the state
office for which the candidate has filed and beginning on the
latest date of the following: (a) The first day of
January of the year following
the general election in which that state office was last on the
ballot; (b) The first day of
January of the year following
the general election in which the candidate was last a candidate
for any office; (c) The first day of the month
following the primary election in which the candidate was last a
candidate for any office; (d) The date of the primary election
held in 1996. (10) "Filing date" means the last date on which a
candidacy petition may be filed for an office. (11) "Applicable carry-in limit" means thirty-five
thousand dollars if the candidate is a house candidate or a
candidate for the state board of education, one hundred thousand
dollars if the candidate is a senate candidate, and two hundred
thousand dollars if the candidate is a statewide candidate other
than a candidate for the state board of education. (12) "Campaign asset" means prepaid, purchased, or
donated assets available to the candidate on the date of the
filing deadline for the office the candidate is seeking that
will be consumed or depleted in the course of the candidate's
election campaign, including, but not limited to, postage,
prepaid rent for campaign headquarters, prepaid radio,
television, and newspaper advertising, and other prepaid
consulting and personal services. (13) "Permitted funds" means the sum of the following: (a) The total of the allowable
aggregate contribution of each contributor; (b) The applicable carry-in limit. (14) "Excess funds" means the amount by which the sum of
the total cash on hand and total reported campaign assets
exceeds permitted funds. (B)(1) Beginning in calendar year 1998 for house candidates and
beginning in
calendar
year 2000 for senate candidates and statewide candidates and in each
calendar year thereafter, each
candidate who files for state office, not later than
the filing date for that office, shall dispose of any excess
funds and excess aggregate contributions. (2) In calendar year 1998, each candidate who files for
statewide office or state senate, not later than the filing date
for that office, shall dispose of any excess aggregate
contributions. (C) Any campaign committee that is required to dispose
of excess funds or excess aggregate
contributions under division
(B) of this section shall dispose of that excess amount or amounts by
doing any of the
following: (1) Giving the amount to the treasurer of state
for deposit into the state treasury to the credit of the
Ohio elections commission fund; (2) Giving the amount to
individuals who made contributions to that campaign committee as
a refund of all or part of their contributions; (3) Giving the amount to a
corporation that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c) of the Internal Revenue
Code. (D) No candidate shall appear on the ballot, even if the candidate has been
certified to appear on the ballot, unless the candidate's campaign committee
has disposed of excess funds and excess aggregate
contributions as required by divisions (B)
and (C) of this section. (E) The campaign committee of each candidate required to dispose
of excess funds or excess aggregate contributions
under this section shall file a report, on
a form prescribed by the secretary of state, with the official or board with
which the candidate is required to file statements under section 3517.11 of
the Revised Code. The report shall be filed by the seventh day following
the filing deadline for the
office the candidate
is seeking, shall indicate the amount of excess funds
and the source and amount of each excess aggregate contribution disposed
of, and
shall describe the manner in which the campaign committee disposed of the
excess amounts. (F)(1) Beginning in calendar year
1998, each campaign committee of a candidate who has filed a
declaration of candidacy or a nominating petition for a state
office, not later than seven days after the date of the filing
deadline for the office the candidate is seeking, shall file a
declaration of filing-day finances, on a form prescribed by the
secretary of state, with the official or board with which the
candidate is required to file statements under section 3517.10
of the Revised
Code. (2) A declaration of filing-day finances shall list all
of the following: (a) The amount of cash on hand in the
candidate's campaign fund on the date the filing deadline for
the office the candidate is seeking. (b) The value and description of all campaign
assets worth five hundred dollars or more available to the
candidate on the date of the filing. Assets purchased by the
campaign shall be valued at actual cost, and in-kind
contributions shall be valued at market value. (c) The total of all aggregate
contributions; (d) The total of all allowable
aggregate contributions; (e) The total of all excess aggregate
contributions; (f) For each contributor, if any, for
whom there is an excess aggregate contribution, the name,
address, aggregate contribution, and excess aggregate
contribution; (g) The applicable carry-in limit, if any. (G) A campaign committee of a candidate is not required to file a
declaration of filing-day finances under division (F) of this section
if all of the following apply: (1) The campaign committee has not accepted any aggregate contribution
greater than the applicable amount, excluding any contribution accepted before
the day of the primary election held in 1996. (2) The campaign committee has less than the carry-in amount in cash on
hand at the beginning of the pre-primary period, if applicable. (3) The candidate files a declaration, on a form prescribed by the
secretary of state, with the official or board with which the candidate is
required to file statements under section 3517.11 Of the Revised Code not later than seven
days after the date of the filing deadline for the office that candidate is
seeking, stating that the candidate's campaign committee has not accepted
aggregate contributions as described in division (G)(1) of this
section and has less than the carry-in amount in cash on hand as described in
division (G)(2) of this section. Sec. 3517.1010. (A) As used in this section: (1) "Aggregate contribution," "allowable aggregate contribution," "excess
aggregate contribution," and "pre-filing period" have the same meanings as in
section 3517.109 Of the Revised Code. (2) "Filing deadline" means the last date on which a candidacy petition
may be filed for an office. (3) "Campaign asset" means prepaid, purchased, or donated assets, goods,
or services available
to the candidate's campaign committee on the date specified in the filing
required under division (F) of this section that will be consumed,
depleted, or used in the course of the candidate's election campaign,
including, but not limited to, postage, rent for any campaign office,
radio,
television, and newspaper advertising, and consulting and
personal services. (4) "Permitted funds" means one of the following: (a) In the case of a disposal of excess funds under division
(B)(1) of this section, the sum of the primary carry-in amount and
the product of both of the following: (i) The sum of the campaign committee's net cash on hand and the
campaign committee's total reported campaign assets on the day of the primary
election less the primary carry-in amount; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor to the sum of all contributions received,
during the period extending from the first day on which, in accordance with
division (D) of section 3517.103 Of the Revised Code, the contribution limitations
prescribed in section 3517.102 Of the Revised Code no longer apply to the campaign committee
through the end of the primary election period. For the purposes of division (A)(4)(a) of this
section, the allowable aggregate contribution of each contributor is
calculated as if the limitations on contributions prescribed in section
3517.102 Of the Revised Code were in effect. As used in division (A)(4)(a) of this section,
"primary carry-in amount" is the sum of the campaign committee's cash on hand
and reported campaign assets as reported on the campaign committee's
declaration of no
limits filed pursuant to division (D) of section 3517.103 Of the Revised Code. (b) In the case of a disposal of excess funds under division
(B)(5) of this section, the product of both of the following: (i) The sum of the cash on hand and reported campaign assets at
the end of the thirty-first day of December immediately following the
general election; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor and the general carry-in amount to the sum
of all contributions received during the general election period and the
general carry-in amount. For the purposes of division (A)(4)(b) of this
section, when a candidate has filed a declaration of no limits under division
(D)(2) of section 3517.103 Of the Revised Code, the allowable aggregate contribution
calculated for each contributor is calculated as if the limitations on
contributions prescribed in section
3517.102 Of the Revised Code were in effect. As used in division (A)(4)(b) of this section,
"general carry-in amount" is the sum of the campaign committee's reported
campaign assets and net cash on hand as of the day of the primary election,
after the committee has disposed of excess funds under division
(B)(1) of this section, if required. "General election period" has
the same meaning as in section 3517.102 Of the Revised Code. (5) "Excess funds" means the amount by which the sum of the campaign
committee's cash on hand on the date specified in the filing required to
be made under division (F) of this section and total reported
campaign assets exceeds permitted funds. (6) "Net cash on hand" means the cash on hand on the day of the primary
election less the sum of all debts and obligations reported under division
(F) of this section. (B)(1) Except as otherwise provided in division (G) of
this section, the campaign committee of any candidate who has filed a
declaration of no limits in accordance with division (D) of section
3517.103 Of the Revised Code, and to which the contribution limitations prescribed in section
3517.102 Of the Revised Code no longer apply during a primary election period, shall dispose
of any excess funds not later than fourteen days after the day on which the
primary election was held. (2) The campaign committee of any candidate that has filed a personal
funds notice under division (C)(1) or (2) of section 3517.103 Of the Revised Code
shall, at the end of the primary election period, do one of the following: (a) Return that portion of the personal funds remaining in the
candidate's campaign committee fund at the end of the primary election period
that are excess funds not later than fourteen days after the day on which the
primary election was held; (b) Retain the personal funds remaining in the candidate's
campaign committee fund at the end of the primary election period and file a
statement with the secretary of state declaring that the campaign committee
will retain those remaining personal funds in the committee's campaign fund
and indicating the amount of remaining personal funds that would be
characterized as excess funds. (3) If a campaign committee elects to retain personal funds pursuant to
division (B)(2)(b) of this section, both of the
following apply: (a) The amount characterized as excess funds is considered to be
an expenditure of personal funds for the purpose of determining whether the
amount of personal funds the campaign committee has received under division
(C)(1) or (2) of section 3517.103 Of the Revised Code during an election period
exceeds the amounts specified in those divisions. (b) The campaign committee is not a designated state campaign
committee for the purpose of making contributions to a legislative campaign
fund or to the state candidate fund of a state or county political party. (4) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate that has expended personal funds in
excess of the amount specified in division (C)(1) or (2) of section
3517.103 Of the Revised Code shall dispose of any excess funds not later than fourteen days
after the day on which the primary election is held or the thirty-first day
of December after the day on which the general election was held,
whichever is applicable, or choose to retain personal funds under division
(B)(2) of this section. The calculation of excess funds under
division (B)(4) of this section shall be made in the same manner that
a campaign committee is required to dispose of excess funds under division
(B)(1) or (5) of this section, whichever election period is
applicable. For the purposes of division (B)(4) of this section, the
allowable aggregate contribution of each contributor, including one or more
contributions from the candidate and from the candidate's spouse, parents,
children, sons-in-law, daughters-in-law, brothers, sisters, grandparents,
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or
grandparents by marriage, is calculated for that contributor as if the
contribution limitations prescribed by section 3517.102 Of the Revised Code were in effect. (5) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate to which, in accordance with division
(D) of section 3517.103 Of the Revised Code, the contribution limitations prescribed
in section 3517.102 Of the Revised Code no longer apply during a general election period
shall
dispose of any excess funds not later than the thirty-first day of
December after the day on which the general election was held. (6) Notwithstanding divisions (B)(1) and (2) of section 3517.109
Of the Revised Code, the amount of excess aggregate contributions required to be disposed of
under those divisions by a candidate whose contribution limitations have been
reimposed pursuant to division (D)(4) of section 3517.103 Of the Revised Code is
limited to no more than the sum of the following: (a) The difference between the sum of the cash on hand and
reported campaign assets on the date of the declaration of candidacy filing
deadline, date of death, or date of withdrawal, whichever is applicable, less
the sum of the cash on hand and reported campaign assets reported
on the campaign committee's declaration of no limits under division
(D)(2) of section 3517.103 Of the Revised Code; (b) The sum of the aggregate excess contributions of all
contributors made from the beginning of the primary election period to the day
immediately preceding the day on which contribution limitations prescribed in
section 3517.102 Of the Revised Code became inapplicable pursuant to division (D)(1)
of section 3517.103 Of the Revised Code. (C) Any campaign committee that is required to dispose of excess
funds or excess aggregate contributions under division (B) of this
section shall dispose of the excess amount or amounts in accordance with
division (C) of section 3517.109 Of the Revised Code. (D)(1) Any candidate who knowingly fails to dispose of excess
funds or excess aggregate contributions as required by divisions (B)
and (C) of this section, except a candidate whose campaign committee
has been given a letter of substantial compliance as provided for in division
(D)(2) of this section, shall not appear on the ballot, even if the
candidate has been certified to appear on the ballot. (2) The secretary of state shall, after initially examining and reviewing
any declaration provided for in division (F) of this section and
making a determination that a campaign committee has
substantially complied with the disposal requirements of division (B)
of this section, promptly issue to the candidate's campaign committee a letter
certifying that committee's substantial compliance. (3) The campaign committee of a candidate for statewide office as defined
in division (A) of section 3517.109 Of the Revised Code has not substantially
complied with the disposal requirements of division (B) of this
section if, upon initial review of a declaration filed pursuant to division
(F) of this section, it is discovered that the candidate's campaign
committee has failed to dispose of excess funds or excess aggregate
contributions totaling in the aggregate more than ten thousand dollars. (4) The campaign committee of a candidate for member of the general
assembly has not substantially complied with the disposal requirements of
division (B) of this section if, upon initial review of a declaration
filed pursuant to division (F) of this section, it is discovered that
the candidate's campaign committee has failed to dispose of excess funds or
excess aggregate contributions totaling in the aggregate more than twenty-five
hundred dollars. (5) Any campaign committee that has received a letter indicating
substantial compliance as provided for in division (D)(2) of this
section shall, within thirty days after receiving such a letter, fully comply
with the disposal requirements of division (B) of this section. (E) When the campaign committee of a candidate files a personal
funds
notice in accordance with division (C), or a declaration of no limits
in accordance with division (D), of section 3517.103 Of the Revised Code, the
campaign committee of each such candidate shall file in the case of a primary
election period a declaration of primary-day finances not later than fourteen
days after the day on which the primary election was held, or shall file in
the case of a general election period a declaration of year-end finances not
later than the last business day of January of the next calendar year
immediately following the day on which the general election was held. (F) The declaration of primary-day finances and declaration of
year-end finances shall be filed on a form prescribed by the secretary of
state and shall list all of the following: (1) The amount of net cash on hand in the candidate's campaign committee
fund at the end of the day on which the primary election was held or cash on
hand on the thirty-first day of December immediately following the
day on which the general election was held, whichever is appropriate; (2) In the case of a declaration of primary-day finances, any debt or
other obligation incurred by the committee during the primary election period
and related to the primary election of the campaign committee's candidate; (3) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate at the end of the day on which the
primary election was held or on the thirty-first day of December
immediately following the day on which the general election was held; (4) The total of all aggregate contributions received by the candidate's
campaign committee during the primary or general election period; (5) The total of all allowable aggregate contributions received by the
candidate's campaign committee during the primary or general election period,
whichever is applicable. The allowable aggregate contribution of each
contributor shall be calculated as if the contribution limitations prescribed
by section 3517.102 Of the Revised Code were in effect. (6) A description of all excess funds and excess aggregate contributions
disposed of by the candidate's campaign committee in accordance with division
(B) of this section for that election. (G) The campaign committee of a candidate is not required to
dispose of excess funds or excess aggregate contributions under division
(B) of this section if both of the following apply: (1) The campaign committee has not accepted any aggregate contribution
greater than the amount applicable under those divisions, excluding the amount
of any contribution accepted before the day of the primary election held in
1996. (2) The campaign committee files on a form, prescribed by the secretary of
state, with the official or board with which the candidate is required to file
statements under section 3517.11 Of the Revised Code, stating that the committee has not
accepted aggregate contributions as described in division (G)(1) of
this section. (H) This is an interim section effective until January
1, 2000. Sec. 3517.11. (A)(1) Campaign committees of candidates
for statewide offices or the state board of education, political
action committees that make contributions to campaign committees
of candidates that are required to file the statements prescribed by section
3517.10 of the Revised Code with the secretary of state,
political action committees that make contributions to campaign
committees of candidates for member of the general assembly,
political action committees that make contributions to state and
national political parties and to legislative campaign
funds, political action committees that
receive contributions or make expenditures in connection with a
statewide ballot issue, political action committees that make
contributions to other political action committees, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds,
and state and national political parties
shall file the statements prescribed by section 3517.10 of the
Revised Code with the secretary of state. (2) Campaign committees of candidates for all other
offices shall file the statements prescribed by section 3517.10
of the Revised Code with the board of elections where their
candidates are required to file their petitions or other papers
for nomination or election. (3) Political action committees that only contribute to a
county political party, contribute to campaign committees of
candidates whose nomination or election is to be submitted only
to electors within a county, subdivision, or district, excluding
candidates for member of the general assembly, and receive
contributions or make expenditures in connection with ballot
questions or issues to be submitted only to electors within a
county, subdivision, or district, shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections in that county or in the county contained in whole
or part within the subdivision or district having a population
greater than that of any other county contained in whole or part
within that subdivision or district, as the case may be. (4) County political parties shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections of their respective counties. (B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of
sections 3517.01, 3517.08 to 3517.11,
3517.13 to 3517.993, 3599.03,
and 3599.031 of the Revised Code and any other materials that the secretary of
state may require. Each candidate receiving the materials shall acknowledge
their receipt in writing. Each board of elections shall send a copy of each
statement, addendum, amendment, or other correction to a statement filed with
or received by it for a candidate for member of the general assembly to the
secretary of state not later than two business days after the statement,
addendum, amendment, or other correction is filed with or received by the
board. (2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and section 3517.10 of the Revised Code shall be notified
of the requirements and applicable penalties of those sections.
The secretary of state, by certified mail with return receipt requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board of elections of every
county shall notify by first class mail any candidate who has
personally appeared at the office of the board on or before the
tenth day before the statements are required to be
filed and signed a form,
to be provided by the secretary of state, attesting that the
candidate has been notified of the candidate's obligations
under the campaign
finance law. The board shall forward the completed form to the
secretary of state. The board shall use certified mail with
return receipt requested to notify all other candidates required
to file those statements with it. (3) Any statement required to be filed under sections 3517.081
to 3517.17 of the Revised Code that is found
to be incomplete or inaccurate by the officer to whom it is submitted shall be
accepted on a conditional basis, and the person who filed it
shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state
may examine statements filed for candidates for the office of
member of the general assembly for completeness and accuracy. If
an officer at the board of elections where a statement of that
type was submitted finds the statement to be incomplete or
inaccurate, the officer shall immediately notify the
secretary of state of
its incomplete or inaccurate nature. If either an officer at the
board of elections or the secretary of state finds a statement of
that type to be incomplete or inaccurate, only the
secretary of state shall send the notification as to the incomplete or
inaccurate nature of the statement. Within four twenty-one days
after
receipt of notice, in the case of a pre-election statement, a
postelection statement, a monthly statement, or an annual statement
prescribed by section 3517.10 of the Revised Code, and seven
days, in the case of a postelection or, an annual statement
prescribed by section 3517.10 or 3517.101, or a statement
prescribed by
division (B)(2)(b) or (C)(D)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum to the statement providing
the information necessary to complete or correct the statement.
The secretary of state shall determine by rule when an addendum to a
monthly
statement or to a two-business-day statement prescribed by section 3517.10
of
the Revised Code shall be filed. (4)(a) The secretary of state or
the board of elections shall
examine all statements for compliance with sections 3517.08 to
3517.17 of the Revised Code. The (b) The secretary of state may contract with an individual
or entity not associated with the
secretary of state and experienced in interpreting the campaign finance
reporting law of this state to conduct examinations of statements filed by
any statewide candidate as this term is defined in section 3517.103 Of the Revised Code. (c) The examination shall be conducted
by a person or entity qualified to conduct it. The results of the
examination
shall be available to the public and, when the examination is conducted by
an individual or entity not associated with the secretary of state, the
results of the examination shall be reported to the secretary of state. (C)(1) In the event of a failure to file or a late filing
of a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code or if a filed statement or any
addendum to the statement, if an addendum is required to be
filed, is incomplete or inaccurate, or appears to disclose a failure to
comply with or a
violation of law, the official whose duty
it is to examine the statement shall promptly file a complaint
with the Ohio elections commission
under section 3517.153 of the Revised Code if the law is one over which the
commission has
jurisdiction to hear complaints, or the official
shall promptly report the
failure or violation to the board of elections and the board shall promptly
report it to the prosecuting attorney in accordance with division (J)
of section 3501.11 of the Revised Code. If the official
files a complaint with the
commission, the commission shall proceed in accordance with sections 3517.154
to 3517.157 of the Revised Code. (2) For purposes of division (C)(1) of this section, a statement
or an addendum to a statement required to be
filed under sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or
inaccurate under this section if the statement or addendum fails
to disclose substantially all contributions that are received
from a source and that are required to be reported under
sections 3517.10, 3517.107, and 3517.108 of the
Revised
Code or if the statement or
addendum fails to disclose at least ninety per cent of the total
contributions received or of the total expenditures made during
the reporting period. (D) No certificate of nomination or election shall be
issued to a person, and no person elected to an office
shall enter upon the performance of the duties of
that office, until that person or that
person's campaign
committee, as
appropriate, has fully complied with this section
and sections
3517.08, 3517.081, 3517.10, and 3517.13 of the Revised Code. Sec. 3517.13. (A)(1) No campaign committee for a
candidate
whose candidacy for nomination or election was submitted to
electors throughout the entire state shall fail to file a
complete and accurate statement required under division (A)(1) of section
3517.10 of
the Revised Code. (2) No campaign committee of a statewide candidate
shall fail to file a complete and accurate monthly statement, and no campaign
committee
of a statewide candidate or a candidate for the office of chief
justice or justice of the supreme court shall fail to file a
complete and accurate two-business-day statement, as required under
section 3517.10 of
the Revised Code. As used in division (A)(2) of this section,
"statewide candidate" has the same meaning as in division (F)(2) of
section 3517.10 of the Revised Code. (B) No campaign committee for a candidate whose candidacy
for nomination or election was submitted to electors within a
county or district shall fail to file a complete and accurate statement
required under
division (A)(1) of section 3517.10 of the Revised Code. (C) No campaign committee shall fail to file a
complete and accurate statement
required under division (A)(2) of section 3517.10 of the Revised
Code. (D) No campaign committee shall fail to file a complete and accurate
statement
required under division (A)(3) of section 3517.10 of the Revised
Code. (E) No person other than a campaign committee shall
knowingly fail to file a statement required under section 3517.10
or
3517.107 of the Revised Code. (F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election. (G)(1) No person shall knowingly conceal or
misrepresent
contributions given or received, expenditures
made, or any other
information required
to be reported by a provision in sections 3517.08 to 3517.13 and
3517.17 of the Revised Code. (2)(a) No person shall make a contribution to a
campaign committee, political action committee, legislative
campaign fund, or political party in the name of
another person. (b) A person does not make a contribution in the name of another when either
of the following applies: (i) An individual makes a contribution from a partnership or unincorporated
business account, if the contribution is reported by listing both the name of
the partnership or unincorporated business and the name of the partner or
owner making the contribution. (ii) A person makes a contribution in that person's spouse's name or in both
of their names. (H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the
same area as that encompassed by the particular office
that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type
of advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees. No person within this state, operating a radio or
television station or network of stations in this state, shall
charge a campaign committee for political broadcasts a rate
that
exceeds: (1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of
a general or special election in which the candidate of the
campaign committee is seeking office, the lowest unit charge of
the station for the same class and amount of time for the same
period; (2) At any other time, the charges made for comparable use
of such station by its other users. (I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse
has made, or any
partner, shareholder, administrator, executor, or trustee, or the
spouses of any of them has made, as an individual, within the two
previous calendar years, one or more contributions totaling in
excess of one thousand dollars to the holder of the public office
having ultimate responsibility for the award of the contract or
to the public officer's campaign committee. (J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of such person, has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of such period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign committee. (K) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract is appointed by the governor, whether or not the
appointment is subject to the advice and consent of the senate,
excluding members of boards, commissions, committees,
authorities, councils, boards of trustees, task forces, and other
such entities appointed by the governor, the office of the
governor is considered to have ultimate responsibility for the
award of the contract. (L) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract is appointed by the elected chief executive officer of a
municipal corporation, or appointed by the elected chief
executive officer of a county operating under an alternative form
of county government or county charter, excluding members of
boards, commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive
officer is considered to have ultimate responsibility for the
award of the contract. (M)(1) Divisions (I) and (J) of this section do not apply
to contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. Division (M)(1) of
this section shall apply to the specified entity only if the
members of the entity act collectively in the award of a contract
for goods or services. (2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board. (N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to
the public officer's
campaign committee of the holder of that public office, during the time
the person holds the office
and during any time such person was a candidate for the office.
These divisions do not apply to contributions made to, or to the
campaign committee of, a candidate for or holder of the office
other than the holder of the office at the time of the award of
the contract. (2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation
or business trust made before the person held any of those
positions or after the person ceased to hold any of those
positions in the partnership, association, estate, trust,
corporation, or business trust whose eligibility to be awarded a
contract is being determined, nor to contributions of the
person's spouse made before the person held any of those
positions, after the person ceased to hold any of those
positions, before the two were married, or after the granting of
a decree of divorce, dissolution of marriage, or nullity, or the
granting of an order in an action brought solely for legal
separation. These divisions do not apply to contributions of the
spouse of an individual whose eligibility to be awarded a
contract is being determined made before the two were married, or
after the granting of a decree of divorce, dissolution of
marriage, or nullity, or the granting of an order in an action
brought solely for legal separation. (O) No beneficiary of a campaign fund or other person shall convert
or
accept for personal or business use, and no person shall
knowingly give to a beneficiary of a campaign fund or any other person,
for the
beneficiary's or any other person's personal or business use,
anything of value from
the beneficiary's campaign fund, including, without limitation,
payments to a beneficiary for services the beneficiary personally
performs, except as reimbursement for any of the following: (1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary; (2) Legitimate and verifiable, ordinary, and necessary
prior expenses incurred by the beneficiary in connection with
duties as the holder of a public office, including, without
limitation, expenses incurred through participation in
nonpartisan or bipartisan events if the participation of the
holder of a public office would normally be expected; (3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while: (a) Engaged in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue; (b) Raising funds for a political party, political action
committee, legislative campaign fund, campaign committee,
or other candidate; (c) Participating in the activities of a political party,
political action committee, legislative campaign fund, or
campaign committee; or (d) Attending a political party convention or other
political meeting. For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account. (P) No beneficiary of a campaign fund shall knowingly
accept, and no person shall knowingly give to the beneficiary of
a campaign fund, reimbursement for an expense under division (O)
of this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense
is reimbursed under division (O) of this section and is later
paid or reimbursed, wholly or in part, from another source of
funds, the beneficiary shall repay the reimbursement received
under division (O) of this section to the extent of the payment
made or reimbursement received from the other source. (Q) No candidate or public official or employee shall
accept for personal or business use anything of value from a
political party, political action committee,
legislative campaign fund, or campaign
committee other than the candidate's or public official
official's or
employee's own campaign committee, and no person shall knowingly
give to a candidate or public official or employee anything of
value from a political party, political action committee,
legislative campaign fund, or such
a campaign committee, except for the following: (1) Reimbursement for legitimate and verifiable, ordinary,
and necessary prior expenses not otherwise prohibited by law
incurred by the candidate or public official or employee while
engaged in any legitimate activity of the political party,
political action committee, legislative campaign fund, or
such campaign committee. Without
limitation, reimbursable expenses under this division include
those incurred while: (a) Engaged in activities in support of or opposition to
another candidate, political party, or ballot issue; (b) Raising funds for a political party, legislative campaign fund, campaign
committee, or another candidate; or (c) Attending a political party convention or other
political meeting. (2) Compensation not otherwise prohibited by law for
actual and valuable personal services rendered under a written
contract to the political party, political action committee,
legislative campaign fund, or such campaign committee for
any legitimate activity of the
political party, political action committee, legislative campaign fund, or
such campaign
committee. Reimbursable expenses under this division do not include,
and it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee,
legislative campaign fund, or campaign
committee other than the candidate's or public official
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official official's or employee's own campaign for election,
except for
contributions to the candidate's or public official official's
or employee's
campaign committee. For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account. (R)(1) Division (O) or (P) of this section does not
prohibit a campaign committee from making direct advance or post
payment from contributions to vendors for goods and services for
which reimbursement is permitted under division (O) of this
section, except that no campaign committee shall pay its
candidate or other beneficiary for services personally performed
by the candidate or other beneficiary. (2) If any expense that may be reimbursed under division (O), (P), or (Q) of
this section is part of other expenses that
may not be paid or reimbursed, the separation of the two types of
expenses for the purpose of allocating for payment or
reimbursement those expenses that may be paid or reimbursed may
be by any reasonable accounting method, considering all of the
surrounding circumstances. (3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that
allowed by the internal revenue service at the time the travel
occurs may be paid instead of reimbursement for actual travel
expenses allowable. (S)(1) As used in division (S) of this section: (a) "State elective office" has the same meaning as in section
3517.092 of the Revised Code. (b) "Federal office" means a federal office as defined in the
Federal Election Campaign Act. (c) "Federal campaign committee" means a principal campaign
committee
or authorized committee as defined in the Federal Election
Campaign Act. (2) No person who is a candidate for state elective office and
who
previously sought nomination or election to a federal office shall transfer
any
funds or assets from that person's federal campaign committee for nomination
or election
to the federal office to that person's campaign committee as a candidate for
state
elective office. (3) No campaign committee of a person who is a candidate for
state
elective office and who previously sought nomination or election to a federal
office shall accept any funds or assets from that person's federal campaign
committee for that person's nomination or election to the federal office. (T)(1) Except as otherwise provided in division (B)(6)(c) of section 3517.102
of the Revised Code, a
state or county political party shall not disburse
moneys from any account other than a state candidate fund to make
contributions to any of the following: (a) A state candidate fund; (b) A legislative campaign fund; (c) A campaign committee of a candidate for the office of governor,
lieutenant governor, secretary of state, auditor of state, treasurer of state,
attorney general, member of the state board of education, or member of the
general assembly. (2) No state candidate fund, legislative campaign fund, or campaign committee
of a candidate for any office described in division (T)(1)(c) of this section
shall knowingly accept a contribution in violation of division (T)(1)
of this section. (U) No person shall fail to file the statement required under section 3517.12
of the Revised Code. (V) No campaign committee shall fail to file a statement required
under division (K)(3) of section 3517.10 Of the Revised Code. Sec. 3517.154. (A)(1) The full-time attorney
for the Ohio elections commission shall review each
complaint filed with the commission under section 3517.153 of the
Revised Code, shall determine the nature of the
complaint, and, unless division (A)(2)(a)
of this section requires that the complaint receive an automatic
expedited hearing, shall make a recommendation to the commission for
its disposition, in accordance with this section. The attorney
shall make the determination and the recommendation, if required,
not later than one business day after the complaint is filed. (2)(a) If the attorney determines that the
complaint sets forth a violation of division (B) of
section 3517.21 or division (B) of section 3517.22, or a violation
described in division (D) of section 3517.1010, of the
Revised Code, the complaint shall receive an
automatic expedited hearing under section 3517.156 of the
Revised Code. (b) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of division (G), (I), (J), (O),
(P), or (Q) of section 3517.13, division
(A) of section 3517.21, or division (A) of
section 3517.22 of the Revised Code, the attorney shall
recommend to the commission that the complaint receive an
expedited hearing under section 3517.156 of the Revised
Code and the complaint shall receive such a hearing. (c) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of a section of the Revised Code over which the commission has jurisdiction to
hear complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section,
and unless the attorney makes a determination as provided for in division
(A)(3) of this section, the attorney shall recommend to the
commission that the complaint be submitted to the commission
under section 3517.155 of the Revised Code.
After the attorney makes that recommendation, the attorney shall notify
all parties to the complaint of the attorney's recommendation. (3)(a) If a complaint sets forth a failure to
comply with or a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and
(b) of this section, the attorney may determine that
the complaint should receive an
expedited hearing under section 3517.156 of the Revised
Code. The attorney shall make that determination by
considering one or more of the following: (i) The number of prior failures to comply with
or violations of Title XXXV of the Revised Code that the person or entity
against whom the
complaint has been brought has committed and any prior penalties
the commission has imposed on the person or entity; (ii) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code or an addendum required to be filed under section
3517.11 of the Revised Code that is filed late,
how late the filing is and how much time has elapsed between the
deadline for filing the statement or addendum and the filing of
the complaint; (iii) If the complaint involves contributions
or expenditures required to be reported under section 3517.10, division
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, or
3517.109 of
the Revised Code that are either not reported or
reported late, the number of contributions or expenditures not
reported or how late they were reported; (iv) If the complaint involves contributions
required to be reported by a campaign committee under section
3517.10, division (E) of section 3517.102, or section 3517.105,
3517.107, 3517.108, or 3517.109 of the Revised Code that are
not
reported, whether any of the contributors of the contributions
not reported have a personal or professional relationship with
the campaign committee's candidate; (v) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code that is incomplete, the degree to which it is
incomplete; (vi) If the complaint involves the receipt of
contributions in violation of section 3599.03 of the
Revised Code, the dollar amount and number of
contributions received in violation of that section; (vii) If the complaint involves a failure to
make the identification or a misstatement of the identification
required under section 3517.105 or 3517.20 of the Revised
Code, whether the failure or misstatement was purposely made; (viii) If the complaint sets forth a failure to comply
with or a violation of a section of the Revised Code described in division
(A)(2)(c) of this section, whether the person or
entity against whom the complaint has been made has committed more than one
such failure or violation within a reasonable amount of time, or whether the
cumulative nature
of the failures or violations indicates a systematic disregard
for the law. (b) Prior to making a determination under division
(A)(3)(a) of this section that the
complaint should receive an
expedited hearing under section 3517.156
of the Revised Code, the attorney shall take into
consideration the number of
panels of the commission that have cases pending before them
and the number of cases pending before the panels and shall not
make a determination that will place an undue burden on a
panel of the commission. (c) If the attorney
determines that the
complaint should receive an expedited hearing
under section 3517.156 of the Revised Code,
the attorney shall recommend to the commission that the complaint receive
an expedited hearing, and, if a majority of the members of the commission
agrees with the recommendation, the complaint shall receive an expedited
hearing under that section. (4) The attorney may join two or more complaints if the attorney
determines that the allegations in each complaint are of the same
or similar character, are based on the same act or failure to
act, or are based on two or more acts or failures to act
constituting parts of a common scheme or plan. If one complaint
contains two or more allegations, the attorney may separate the
allegations if they are not of the same or similar character,
if they are not based on the same act or failure to act, or if
they are not based on two or more acts or failures to act
constituting parts of a common scheme or plan. If the attorney
separates the allegations in a complaint, the attorney may make separate
recommendations under division (A)(2) or (3) of this
section for each allegation. (B) Whenever a person or other entity files a
complaint with the commission setting forth a failure to comply
with or a violation of a section of the Revised Code as described in division
(A)(2)(c) of this section, the person or
entity may request an expedited hearing under section 3517.156 of
the Revised Code at the time the complaint is
filed. The attorney for the commission shall inform the members
of the commission of that request at the time the attorney makes a
recommendation under division (A) of this section. The
commission may grant the request for an expedited hearing under this division
if it
determines that an expedited hearing is practicable. (C) This is an interim section effective until January
1, 2000. Sec. 3517.155. (A)(1) Except as otherwise
provided in division (B) of this section, the
Ohio elections commission shall hold its first hearing on
a complaint filed with it, other than a complaint that receives
an expedited hearing under section 3517.156 of the
Revised Code, not later than ninety business days
after the complaint is filed unless the commission has good cause
to hold the hearing after that time, in which case it shall hold
the hearing not later than one hundred eighty business days after
the complaint is filed. At the hearing, the commission shall
determine whether or not the failure to act or the violation
alleged in the complaint has occurred and shall do only one of
the following, except as otherwise provided in division
(B) of this section or in division (B)
of section 3517.151 of the Revised Code: (a) Enter a finding that good cause has been shown not
to impose a fine or not to refer the matter to the appropriate
prosecutor; (b) Impose a fine under section 3517.993 of the
Revised Code; (c) Refer the matter to the appropriate prosecutor; (d) Direct the secretary of state or appropriate board of
elections with the authority to certify a candidate to the ballot to remove a
candidate's name from the ballot if the candidate is barred from the ballot
under division (D) of section 3517.1010 Of the Revised Code. (2) As used in division (A) of this
section, "appropriate prosecutor" means a prosecutor as
defined in section 2935.01 of the Revised Code
and either of the following: (a) In the case of a failure to comply with or
a violation of law involving a campaign committee or the
committee's candidate, a political party, a legislative campaign fund, or a
political action
committee, that is required to file a statement of contributions
and expenditures with the secretary of state under division
(A) of section 3517.11 of the Revised
Code, the prosecutor of Franklin county; (b) In the case of a failure to comply with or
a violation of law involving any other campaign committee or
committee's candidate, or any other political party or political
action committee, either of the following as determined by the
commission: (i) The prosecutor of Franklin county; (ii) The prosecutor of the county in which the
candidacy or ballot question or issue is submitted to the
electors or, if it is submitted in more than one county, the most
populous of those counties. (B) If the commission decides that the evidence
is insufficient for it to determine whether or not the failure to
act or the violation alleged in the complaint has occurred,
the commission, by the affirmative vote of five members,
may request that an investigatory attorney investigate the
complaint. Upon that request, an investigatory attorney shall make an
investigation in order to produce sufficient evidence for the
commission to decide the matter. If the commission requests
an investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days the deadline
for
holding its first hearing on the complaint as required in
division (A) of this section. (C) The commission shall take one of the
actions required under division (A) of
this section not later than thirty days after the close of all
the evidence presented. (D)(1) The commission shall make any finding of a
failure to comply with or a violation of law in regard to a
complaint that alleges a violation of division (D) of section
3517.1010, division (A) or (B) of
section 3517.21, or division (A) or (B) of section 3517.22
of the Revised
Code by clear and convincing evidence. The commission shall make any
finding of a failure to comply with or a
violation of law in regard to any other complaint
by a preponderance of the evidence. (2) If the commission finds a violation of division
(B) of section 3517.21 or division (B) of section
3517.22 of the Revised Code, it shall refer the
matter to the appropriate prosecutor under division
(A)(1)(c) of
this
section and shall not impose a fine under division
(A)(1)(b)
of this section or section 3517.993 of the Revised Code. (E) In an action before the commission or a
panel of the commission, if the allegations of the complainant
are not proved, and the commission takes the action described in
division (A)(1)(a) of this section or a panel of the
commission takes the action described in division (C)(1)
of section 3517.156 of the Revised Code, the
commission or a panel of the commission may find that the
complaint is frivolous, and, if the commission or panel so finds, the
commission shall order the complainant to pay reasonable attorney's fees and
to
pay the costs of the commission or panel as determined
by a majority of the members of the commission. The costs paid to the
commission or panel under this division shall be
deposited into the Ohio elections commission fund. (F) This is an interim section effective until January
1, 2000. Sec. 3517.992. This section establishes penalties only with respect to
acts
or failures to act that occur on and after the effective date of this
section August 24, 1995. (A)(1) A candidate whose campaign committee
violates division (A), (B), (C), or
(D), or (V) of section 3517.13 of the Revised Code, or
a
treasurer of a campaign committee
who violates
any of those divisions, shall be fined not more than one hundred dollars for
each day of violation. (2) Whoever violates division (E) of section
3517.13 of the Revised Code shall be fined not
more than one hundred dollars for each day of violation. (B) A political party that violates division
(F)(1) of section 3517.101 of the Revised
Code shall be fined not more than one hundred dollars for
each day of violation. (C) Whoever violates division (F)(2) of
section 3517.101 or division (G) of section 3517.13 of
the Revised Code shall be fined not more than ten
thousand dollars or, if the offender is a person who was nominated or elected
to public
office, shall forfeit the nomination or the office to which the offender was
elected, or both. (D) Whoever violates division (F) of
section 3517.13 of the Revised Code shall be
fined not more than three times the amount contributed. (E) Whoever violates division (H) of
section 3517.13 of the Revised Code shall be
fined not more than one hundred dollars. (F) Whoever violates division (O),
(P), or (Q) of section 3517.13 of the
Revised Code is guilty of a misdemeanor of the
first degree. (G) A state or county committee of a
political party that violates division (B)(1) of section
3517.18 of the Revised Code shall be fined not
more than twice the amount of the improper expenditure. (H) A state or county political party that
violates division (G) of section 3517.101 of the
Revised Code shall be fined not more than twice
the amount of the improper expenditure or use. (I)(1) Any individual who violates division
(B)(1) of section 3517.102 of the Revised
Code and knows that the contribution the individual
makes violates that division
shall be fined an amount equal to three times the
amount contributed in excess of the amount permitted by that
division. (2) Any political action committee that violates
division (B)(2) of section 3517.102 of the
Revised Code shall be fined an amount equal to
three times the amount contributed in excess of the amount
permitted by that division. (3) Any campaign committee that violates division
(B)(3) or (5) of section 3517.102 of the
Revised Code
shall be fined an amount equal to three times the amount
contributed in excess
of the amount permitted by that division. (4) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the
Revised Code, and any state political party, county
political party, or state candidate fund of a state political party or county
political party that violates division (B)(6) of that section, shall
be fined an amount equal to three times the amount
contributed in excess of the amount permitted by those divisions, as
applicable. (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of this
section, no fine shall be imposed if the excess amount contributed meets
either of the following conditions: (a) It is completely refunded within five business days after it
is accepted. (b) It is less than or equal to the amount permitted under
division (J)(1), (2), (3), or (4) of this section, whichever is
applicable, and the excess is completely refunded within ten business days
after notification to the recipient of the contribution by the board of
elections or the secretary of state that a contribution in excess of the
permitted amount has been received. (J)(1) Any campaign committee that violates division
(C)(1), (2), (3), or (6) of section 3517.102 of the Revised
Code shall be fined an amount equal to three times the amount
accepted in excess of the amount permitted by that division. (2) Any state or county political party that violates division
(C)(4) of section 3517.102 of the Revised Code
shall be
fined an amount from
its state candidate fund equal to three times the amount accepted in excess of
the amount permitted by that division. (3) Any legislative campaign fund that violates
division (C)(5) of section 3517.102 of the
Revised Code shall be fined an amount equal to
three times the amount accepted in excess of the amount permitted
by that division. (4) Any political action committee that violates division (C)(7)
of
section
3517.102 of the Revised Code shall be fined an amount equal
to three
times the
amount accepted in excess of the amount permitted by that division. (5) Notwithstanding divisions (K)(1), (2), (3), and (4) of this
section, no
fine shall be imposed if the excess accepted
meets either of the following conditions: (a) It is completely refunded within five business days after
its
acceptance. (b) It is less than or equal to the amount permitted under
division
(K)(1),
(2), (3), or (4),
whichever is applicable, and the excess is completely refunded within ten
business days after notification to the recipient of the contribution by the
board of elections or the secretary of
state that a contribution in excess of
the permitted amount has been received. (K)(1) Any campaign committee or legislative campaign fund that
violates
division (F)(1) of section 3517.102 of the Revised
Code shall be fined
twenty-five dollars for each day of violation. (2) Any campaign committee or legislative campaign fund
that violates division (F)(2) of section 3517.102 of the
Revised Code shall give to the treasurer of state
for deposit into the state treasury to the credit of the Ohio
elections commission fund all excess
contributions not disposed of as required
by division (E) of section 3517.102 of the
Revised Code. (L) Whoever violates section 3517.105 of the Revised
Code shall be fined one
thousand dollars. (M)(1) Whoever solicits a contribution in violation of section
3517.092 or violates division (B) of section 3517.09 of the
Revised Code is
guilty of a misdemeanor of the first degree. (2) Whoever knowingly accepts a contribution in violation of division
(B) or
(C) of section 3517.092 of the Revised Code shall
be fined an amount equal to
three times the amount accepted in
violation of either of those divisions and
shall return to the contributor any
amount so accepted. Whoever unknowingly
accepts a contribution in violation of division (B) or (C)
of section 3517.092
of the Revised Code shall return to the contributor any
amount so accepted. (N) Whoever violates division (S) of
section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount of funds
transferred or three times the value of the assets transferred in
violation of that division. (O) Any campaign committee that accepts a contribution or
contributions in
violation of section 3517.108 of the Revised Code, uses a
contribution in
violation of that section, or fails to dispose of excess contributions in
violation of that section shall be fined an amount equal to three times the
amount accepted, used, or kept in violation of that section. (P) Any political party, state candidate fund, legislative
candidate
fund, or
campaign committee that violates division (T) of section 3517.13 of
the
Revised Code shall be fined an amount equal to three times
the amount
contributed or accepted in violation of that section. (Q) A treasurer of a committee or another
person who violates division (U) of section 3517.13 of
the Revised Code shall be fined not more than two
hundred fifty dollars. (R) Whoever violates division (I) or
(J) of section 3517.13 of the Revised
Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating
division (I) or (J) of section 3517.13 of the
Revised Code, the contract awarded in violation
of either of those divisions shall be rescinded if its terms have
not yet been performed. (S) A candidate whose campaign committee
violates or a treasurer of a campaign committee who violates
section 3517.081, and a candidate whose campaign committee
violates, or a treasurer of a campaign committee, or another
person who violates, division (C) of section 3517.10 of
the Revised Code, shall be fined not more than
five hundred dollars. (T) A candidate whose campaign committee
violates or a treasurer of a committee who
violates division (B), or a candidate whose campaign committee
violates, a treasurer of a committee, or another person who violates division
(C), of section 3517.09 of the
Revised Code
shall be fined not more than one thousand dollars. (U) Whoever violates section 3517.20 of the
Revised Code shall be fined not more than five
hundred dollars. (V) Whoever violates section 3517.21 or 3517.22
of the Revised Code shall be imprisoned for not
more than six months or fined not more than five thousand
dollars, or both. (W) A campaign committee that is
required to file a declaration of no limits under division
(D)(2)
of section 3517.103 of the
Revised Code that, before filing that
declaration, accepts a contribution or contributions that exceed
the limitations prescribed in section 3517.102 of the
Revised Code, shall return that
contribution or those contributions to the contributor. This is an interim section effective until January 1, 2000. Sec. 3599.02. No person shall before, during, or after any primary,
general, or special election or convention, or election solicit,
request, demand, receive, or contract for any
money, gift, loan, property, influence, position, employment, or other thing
of value for himself that person or for another
person for doing any of the following: (A) For registering Registering or refraining from registering
to vote; (B) For agreeing Agreeing to register or to refrain from
registering to vote; (C) For agreeing Agreeing to vote or refraining to
refrain from voting; (D) For voting Voting or refraining from voting at any primary,
general, or special election or convention, or
election for a particular person, question, or issue; (E) For registering Registering or voting, or refraining from
registering or voting, or
voting or refraining from voting for a particular person, question, or issue. Whoever violates this section is guilty of bribery, and shall be fined not
less than one hundred nor more than five hundred dollars or imprisoned not
more than one year, or both a felony of the fourth degree, and
shall be disfranchised and excluded from the right of suffrage
and holding any public office for five years next succeeding
immediately following such conviction. Sec. 3599.11. (A) No person shall knowingly register or
make application or attempt to register in a precinct in which the person is
not a qualified voter; or knowingly aid or abet any person to
so register; or attempt to register or knowingly induce or
attempt to induce any person to so register; or fraudulently
knowingly
impersonate another or write or assume the name of another, real
or fictitious, in registering or attempting to register; or by
false statement or other unlawful means procure, aid, or attempt
to procure the erasure or striking out on the register or
duplicate list of the name of a qualified elector therein; or
fraudulently knowingly induce or attempt to induce a registrar
or other
election authority to refuse registration in a precinct to an
elector thereof; or willfully or corruptly knowingly swear or
affirm
falsely upon a lawful examination by or before any registrar or
registering officer; or make, print, or issue any false or
counterfeit certificate of registration or fraudulently
knowingly alter any
certificate of registration. No person shall knowingly register under more than one name
or knowingly induce any person to so register. No person shall knowingly make any false statement on any
form for registration or change of registration or upon any
application or return envelope for an absent voter's ballot. Whoever violates this division is guilty of a felony of the
fifth degree. (B) No person who helps another person register outside
an official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed
registration form, or knowingly fail to return any registration
form entrusted to that person to the board of elections on or
before the thirtieth day before the election. Whoever violates this division is guilty of a misdemeanor
of the first degree. Sec. 3599.12. (A) No person shall vote do any of the
following: (1) Vote or attempt to vote in any primary,
special, or general election in a precinct in which he that
person is not a legally qualified voter elector; or
vote (2) Vote or attempt to vote more
than once at the same election
by any means, including voting or attempting to vote both by absent
voter's ballots under division
(B),
(C), or
(g) of section 3503.16 of the
Revised Code and by regular ballot at
the polls at the same election, or voting or attempting to vote
both by absent voter's ballots under division
(B),
(C), or
(g) of section 3503.16 of the
Revised Code and by absent voter's
ballots under Chapter 3509. or armed service absent voter's
ballots under Chapter 3511. of the
Revised Code at the same
election; or impersonate (3) Impersonate or sign the name of another
person, real or
fictitious, living or dead, and vote or attempt to vote as such that
other person in any
such election; or vote or attempt to vote at any primary the ballot of a
political party with which he has not been
affiliated, as required by section
3513.19 of the Revised Code, or with which he did
not
vote at the last election; or cast (4) Cast a ballot at any such election after
objection has been made and sustained to his that person's vote;
or knowingly (5) Knowingly vote or attempt to vote a ballot other
than the official ballot. (B) Whoever violates division (A) of this section is
guilty of a felony of the fourth degree. Sec. 3599.14. (A) No person shall knowingly, directly or
indirectly, do any of the following in connection with
an initiative, supplementary, referendum, recall, local option, or
any declaration of candidacy, declaration of intent to be
a write-in candidate,
nominating petition, or other petition presented to
or filed with the SECRETARY of state, a board of elections, or
any other public office for the purpose of becoming a candidate
for any elective office, including the office of a political
party, for the purpose of submitting a question or issue to
the electors at an election, or for the purpose of forming a political
party: (1) Misrepresent the contents, purport purpose, or effect of
the petition or declaration
for the purpose of persuading a person to
sign or refrain from signing the petition or declaration; (2) Pay or offer to pay anything of value for signing or refraining from
signing the petition or declaration; (3) Promise to assist any person to obtain appointment
to an office or position as a consideration for obtaining or
preventing signatures to the petition or declaration; (4) Obtain or prevent signatures to the petition or declaration as a
consideration for the
assistance or promise of assistance of a person in securing
appointment to an office or position; (5) Circulate or cause to
be circulated the petition
or declaration knowing it to contain false,
forged, or fictitious names; (6) Add signatures or names except his or her the person's own
name on the petition or declaration; (7) Make a false certification or statement concerning the petition or
declaration; (8) File with the election authorities
the petition or declaration knowing it to contain false, forged, or
fictitious names; (9) Fail to fill out truthfully and file all itemized statements required by
law in connection with the petition or declaration. (B) As used in division (A) of this section, "referendum
petition" includes a referendum petition that is described in and subject to
sections 305.31 to 305.41 of the Revised Code. (C) Whoever violates division (A) of this section
shall be fined not less than
one hundred nor more than five hundred dollars, imprisoned
not more than six months, or both is guilty of a misdemeanor of the
first degree.
Sec. 3599.17. (A) No elections official serving as a
registrar or, judge, or clerk of elections shall
fail do any of the following: (1) Fail to
appear before the board of elections, or its representative, after notice has
been served personally upon him the official
or left at his the official's usual place
of residence, for
examination as to his the official's
qualifications; or fail (2) Fail to appear at the polling place to which he
the official is assigned at the hour and during the
hours set for the
registration or election; or fail (3) Fail to take the oath prescribed by section
3501.31 of the Revised Code, unless excused by such board; or refuse (4) Refuse or
sanction the refusal of another registrar or judge of elections to administer
an oath required by law; or fail (5) Fail to send notice to the board of the
appointment of a judge or clerk to fill a vacancy; or act (6) Act as registrar, judge,
or clerk without having been appointed and having received a certificate of
appointment, except a judge or clerk appointed to fill a vacancy caused by
absence or removal; or in any other way fail (7) Fail in any other way to perform any duty imposed by
law. (B) Whoever violates division (A) of this section
shall be fined not less than twenty-five nor
more than one hundred dollars or imprisoned not more than fifteen days, or
both is guilty of a misdemeanor of the first degree. Sec. 3599.18. (A) No registrar of electors election
official, person assisting in the registration of electors, or
police officer shall
refuse knowingly do any of the following: (1) Refuse,
neglect, or unnecessarily delay, hinder, or prevent the registration of a
qualified voter elector, who in a lawful manner applies for
registration; or enter (2) Enter or
consent to the entry of a fictitious name for registration on a
voter registration list; or alter (3) Alter the name on
or remove or destroy the registration card or form of any qualified
voter elector; or
willfully neglect or corruptly (4) Neglect, unlawfully execute, or fail to execute
any duty enjoined
upon him that person as a registrar an election
official, person assisting in the registration of electors, or police
officer. (B) Whoever violates division (A) of this section
shall be fined not less than one hundred nor
more than five hundred dollars or imprisoned not more than one year, or
both is guilty of a misdemeanor of the first degree. Sec. 3599.19. (A) No judge or clerk of elections shall
unlawfully knowingly do any of the following: (1) Unlawfully open or permit to be opened the sealed package
containing registration lists, ballots, blanks, pollbooks, and
other papers and material to be used in the an election; or
unlawfully (2) Unlawfully misplace, carry away, negligently lose or
permit to be
taken from him the judge or clerk, fail to deliver, or destroy
any such packages, papers, or material; or knowingly receive (3) Receive or sanction the
reception of a ballot from a person not a qualified elector or
from a person who refused to answer a question in accordance with
the election law; or refuse (4) Refuse to receive or sanction the rejection
of a ballot from a person, knowing him that person to be a
qualified elector;
or knowingly permit (5) Permit a fraudulent ballot to be placed in the
ballot box; or place (6) Place or permit to be placed in any ballot box any
ballot known by him the judge or clerk to be improperly or
fraudulently falsely marked; or
knowingly count (7) Count or permit to be counted any illegal or
fraudulent
ballot; or mislead (8) Mislead an elector who is physically unable to prepare
his the elector's ballot; or, mark a ballot for
such elector otherwise than
as
directed by him; that elector, or disclose to any person,
except
when legally
required to do so, how such elector voted; or when counting the
ballots alter (9) Alter or mark or permit any alteration or marking on any
ballot when counting the ballots; or wrongfully (10) Unlawfully count or tally or sanction the wrongful
counting or tallying of votes; or after (11) After the counting of votes
commences, as required by law, postpone or sanction the
postponement of the counting of votes, adjourn at any time or to
any place, or remove the ballot box from the place of voting, or
from the custody or presence of all the judges and clerks of such
elections; or permit (12) Permit any ballot to remain or to be in the ballot
box at the opening of the polls, or to be put therein in the box
during the
counting of the ballots, or to be left therein in the box
without being
counted; or admit (13) Admit or sanction the admission to the polling room
at an election during the receiving, counting, and certifying of
votes of any person not qualified by law to be so admitted; or
refuse (14) Refuse to admit or sanction the refusal to admit any
person, upon
lawful request therefor for admission, who is legally qualified
to be present;
or permit (15) Permit or sanction the counting of the ballots contrary
to the
manner prescribed by law; or willfully neglect (16) Neglect or corruptly unlawfully
execute any duty enjoined upon him the judge or clerk by law. (B) Whoever violates division (A) of this section
shall be fined not less than
one hundred nor more than five hundred dollars or imprisoned not
less than three nor more than six months, or both is guilty of a
misdemeanor of the first degree. Sec. 3599.20. No person shall attempt to induce an elector to show how
he the elector marked his the elector's ballot at
an election; or, being an elector, allow his the elector's
ballot to be
seen by another, except as provided by section 3505.24 of the Revised Code,
with the apparent intention of letting it be known how he the
elector is about to vote; or
make a false statement as to his the elector's ability to mark
his the ballot; or purposely knowingly mark
his the
ballot so it may be identified after it has been cast; or
attempt to
interfere with an elector in the voting booth when
marking his the elector's ballot; or
willfully knowingly destroy or mutilate a lawful ballot; or
remove from
the polling
place or be found in unlawful possession of a lawful ballot outside the
enclosure provided for voting; or willfully knowingly hinder or
delay the delivery of a
lawful ballot to a person entitled to receive it; or give to an elector a
ballot printed or written contrary to law; or forge or falsely make an
official indorsement on a ballot. Whoever violates this section shall be fined not less than twenty-five nor
more than five hundred dollars or imprisoned not more than six months, or
both is guilty of a felony of the fifth degree. Sec. 3599.21. (A) No person shall impersonate knowingly
do any of
the following: (1) Impersonate another, or make a false
representation in order to obtain an absent voter's ballot; or knowingly
connive to help (2) Aid or abet a person to vote an absent voter's
ballot illegally; or being (3) If the person is
an election official, open, destroy, steal, mark, or mutilate any
absent
voter's ballot; or (4) Aid or abet another person to open, destroy,
steal, mark, or
mutilate any absent voter's ballot after the ballot has been voted; or
delay (5) Delay
the delivery of any such ballot with a view to preventing its arrival in time
to be counted; or hinder (6) Hinder or attempt to hinder the delivery or counting of
such
absent voter's ballot; (7) Fail to forward to the appropriate election official an absent voter's
ballot application entrusted to that person to so forward. (B) Whoever violates division (A) of this section is
guilty of a felony of the fourth degree. Sec. 3599.22. (A) No person employed to print or engage in printing
the official
ballots shall print knowingly do any of the following: (1) Print or cause or permit to be printed an official ballot other
than according to the copy official ballot furnished
him
by the board
of elections or a false or fraudulent ballot; or print; (2) Print or permit to be
printed
more ballots than are delivered to the board; or appropriate (3) Appropriate, give, deliver,
or knowingly permit to
be taken away any of such ballots by a person other than the person authorized
by law to do so; or print (4) Print such ballots on paper other than that provided in
the contract with the board; or willfully seal up or cause or permit to be
sealed up in packages (5) Package or deliver to the board a less
number of fewer ballots than
the number indorsed thereon the board directed to be printed. (B) Whoever violates division (A) of this section
shall be fined not less than two hundred nor
more than one thousand dollars or imprisoned not more than six months, or
both is guilty of a misdemeanor of the first degree. Sec. 3599.23. (A) No printer or other person entrusted with the
printing,
custody, or delivery of registration cards or forms, ballots, blanks,
pollbooks, cards of instruction, or other required papers shall
unlawfully do any of the following: (1) Knowingly and unlawfully
open or permit to be opened a sealed package containing ballots or other
printed forms; or give (2) Knowingly give or deliver to another not lawfully
entitled
thereto to them, or
unlawfully misplace or carry away, or negligently lose or permit to be
taken
from him, or knowingly fail to
deliver, or knowingly
destroy any such forms or packages of
ballots, or a ballot, pollbooks, cards of instruction, or other required
papers; (3) Negligently lose or permit to be taken from the printer or other
entrusted person any of the materials described in division (A)(2) of
this section. (B) No person entrusted with the preparation, custody, or delivery
of marking
devices shall unlawfully do either of the following: (1) Unlawfully open or permit to be opened a sealed package
containing marking devices, or give or deliver to another not lawfully
entitled thereto, or unlawfully to them any such marking devices; (2) Unlawfully or carelessly use or negligently lose or
permit to be taken from him the printer or other entrusted
person and fail to deliver or
destroy, any such marking devices. (C) Whoever violates division (A)(1) or (2) or
(B) of
this section shall be fined not less than one hundred dollars
or imprisoned not more than one year, or both is guilty of a
misdemeanor of the first degree. Whoever violates division
(A)(3) of this section is guilty of a misdemeanor of the second
degree. Sec. 3599.25. (A) No person shall counsel knowingly do
any of the
following: (1) Counsel or advise another to vote at an
election, knowing that he the person is not a qualified voter;
or advise (2) Advise, aid, or assist another person to go or come into
a precinct for the
purpose of voting therein in it, knowing that such person is not
qualified to vote
therein in it; or counsel (3) Counsel, advise, or attempt to induce an election officer
to
permit a person to vote, knowing such person is not a qualified elector. (B) Whoever violates division (A) of this section
shall be fined not less than one hundred nor
more than five hundred dollars or imprisoned not less than one nor more than
six months, or both is guilty of a felony of the fourth degree. Sec. 3599.31. No officer of the law shall fail to obey forthwith an order of
the presiding judge and aid in enforcing a lawful order of the presiding
judges at an election, against persons unlawfully congregating or loitering
within one hundred feet of a polling place, hindering or delaying an elector
from reaching or leaving the polling place, soliciting or attempting, within
one hundred feet of the polling place, to influence an elector in casting
his the elector's vote, or interfering with the registration of
voters or casting and counting of the ballots. Whoever violates this section shall be fined not less than fifty nor more
than
one thousand dollars or imprisoned not more than thirty days, or both
is guilty of a misdemeanor of the first degree. Sec. 3599.32. No official upon whom a duty is imposed by an election law for
the violation of which no penalty is otherwise provided shall willfully
knowingly disobey such election law. Whoever violates this section shall be fined not less than fifty nor more
than
one thousand dollars or imprisoned not more than one year, or both is
guilty of a misdemeanor of the first degree. Sec. 3599.35. No party committeeman committeeperson or party
delegate or alternate chosen at an election, or a delegate or alternate
appointed to a convention provided by law, shall give or issue a proxy or
authority to another person to act or vote in his that
person's stead. No person shall knowingly or fraudulently act or vote or attempt to
impersonate, act, or vote in place of such
committeeman or that committeeperson, delegate, or
alternate. Whoever violates this section shall be fined not less than fifty nor more
than
five hundred dollars or imprisoned not more than sixty days, or both is
guilty of a misdemeanor of the first degree. Sec. 3599.36. No person, either orally or in writing, on
oath lawfully administered or in a statement made under penalty
of election falsification, shall purposely knowingly state a
falsehood as
to a material matter relating to an election in a proceeding
before a court, tribunal, or officer created by law election
official, or in a
matter in relation to which an oath or statement under penalty of
election falsification is authorized by law, including a
statement required for verifying or filing a
any declaration of candidacy, declaration of intent to be
a write-in candidate,
nominating,
initiative, supplementary, referendum, or recall petition, or
other petition paper
presented to or filed with the secretary of state, a board
of elections, or any other public office for the purpose of
becoming a candidate for any elective office, including the
office of a political party, for the purpose of SUBMITTING a
question or issue to the electors at an election, or for the purpose of
forming a political party. Whoever violates this section is guilty of election
falsification, which is a misdemeanor felony of the
first fifth degree. Every paper, card, or other document relating to any
election matter which that calls for a statement to be made
under
penalty of election falsification shall be accompanied by the
following statement in bold face capital letters: "The penalty
for Whoever commits election falsification is imprisonment for
not more than six months, or a fine of not more than one thousand
dollars, or
both guilty of a felony of the fifth degree." Sec. 3599.37. (A) No person having been subpoenaed or ordered to
appear before a
grand jury, court, board, or officer in a proceeding or prosecution upon a
complaint, information, affidavit, or indictment for an offense under an
election law shall fail do either of the following: (1) Fail to appear or, having appeared, refuse to answer a
question pertinent to the matter under inquiry or investigation; or
refuse (2) Refuse to
produce, upon reasonable notice, any material, books, papers, documents, or
records in his that person's possession or under his
that person's control. (B) Whoever violates division (A) of this section
shall, unless he the violator claims
his the violator's constitutional rights, be fined not less
than
one hundred nor more than one thousand dollars or imprisoned not less than
thirty days nor more than six months is guilty of a misdemeanor of the
first degree. Sec. 3599.38. (A) No judge, clerk election official,
witness, challenger, deputy sheriff, special deputy
sheriff, or police officer, or other election officer, while
performing the that person's duties of his office
related to the casting of votes, shall wear do either of the
following: (1) Wear any badge,
sign, or other insignia or thing indicating his that person's
preference for any candidate or for any question submitted or
influence at an election; (2) Influence or
attempt to influence any voter to cast his the voter's ballot
for or
against any candidate or issue submitted at such an election. (B) Whoever violates division (A) of this section
shall be fined not less than fifty nor more than
one hundred dollars and imprisoned not less than thirty days nor more than six
months is guilty of a misdemeanor of the first degree. Sec. 3599.39. Any person convicted of a violation of any provision of Title
XXXV of the Revised Code, who is again convicted of a violation of any such
provision, whether such conviction is for the same offense or not,
shall is on
such second conviction be fined not less than five hundred nor more than
one
thousand dollars or imprisoned not less than one nor more than five years, or
both guilty of a felony of the fourth degree, and in addition,
such person shall be disfranchised. Sec. 3599.40. Whoever Except as otherwise provided in section
3599.39 Of the Revised Code, whoever violates any provision of Title XXXV of the Revised
Code, unless otherwise provided in such title, is guilty of a misdemeanor of
the first degree. SECTION 2 . That existing sections 3517.01,
3517.08, 3517.10, 3517.102, 3517.103, 3517.107, 3517.109, 3517.11, 3517.13,
3517.154, 3517.155, 3517.992, 3599.02, 3599.11, 3599.12, 3599.14, 3599.17,
3599.18, 3599.19, 3599.20, 3599.21, 3599.22, 3599.23, 3599.25, 3599.31,
3599.32, 3599.35, 3599.36, 3599.37, 3599.38, 3599.39, and 3599.40 and section
3599.30
of the Revised Code are hereby repealed.
SECTION 3 . If, on the effective date of this act, a campaign
committee has in its campaign fund or has expended personal
funds that exceed, in the aggregate, the amounts specified in division
(C)(1) or (2) of section 3517.103 of the Revised Code as amended by
Sections 1 and 2 of this act, whichever division is appropriate, that
committee shall file, not later than five
business days after the effective date of this act, the personal funds notice
required by
division (C)(1) or (2) of that section as amended by Sections 1 and 2 this
act, whichever division is appropriate.
SECTION 4 . That sections 3517.10, 3517.102, 3517.103, 3517.154, 3517.155, and
3517.992
of the Revised Code, as amended by Sections 1 and 2 of this act, be amended
to
read as follows:
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, and political party
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section, a full, true, and itemized
statement, made under penalty of election falsification, setting
forth in detail the contributions and expenditures, no later than
four p.m. of the following dates: (1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election; (2) The thirty-eighth day after the election to reflect
the contributions received and expenditures made from the close
of business on the last day reflected in the last previously
filed statement, if any, to the close of business on the seventh
day before the filing of the statement; (3) The last business day of January of every year to
reflect the contributions received and expenditures made from the
close of business on the last day reflected in the last
previously filed statement, if any, to the close of business on
the last day of December of the previous year. A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate. The statement required under division (A)(1) of this
section shall not be required of any campaign committee,
political action committee, legislative campaign
fund, or political party that has
received
contributions of less than one thousand dollars and has made
expenditures of less than one thousand dollars at the close of
business on the twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under division (A)(2)
of this section. If an election to select candidates to appear on the
general election ballot is held within sixty days before a
general election, the campaign committee of a successful
candidate in the earlier election may file the statement required
by division (A)(1) of this section for the general election
instead of the statement required by division (A)(2) of this
section for the earlier election if the pregeneral
election
statement reflects the status of contributions and expenditures
for the period twenty days before the earlier election to twenty
days before the general election. If a person becomes a candidate less than twenty days
before an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section. No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund, or
political party is required to file a
postgeneral election statement under
division (A)(2)
of this
section. However, such a statement may be filed, at the option
of the campaign committee, political action committee,
legislative campaign fund, or political party. No statement under division (A)(3) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, or political party has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund, or political party shall
file a statement to that effect, on a form prescribed under this
section and made under penalty of election falsification, on the
date required in division (A)(3) of this section. The campaign committee of a statewide candidate shall
file a monthly statement of contributions received during each of
the months of July, August, and
September
in the year of the general election in which the candidate seeks
office. The campaign committee of a statewide candidate shall
file the monthly statement
not later than three business days after the last day of the
month covered by the statement. The campaign committee of a statewide
candidate that files a notice under division (C)(1) of section 3517.103 of
the
Revised Code and the campaign committee of a statewide candidate to which, in
accordance with division (D) of section 3517.103 of the Revised Code, the
contribution limitations prescribed in section 3517.102 of the Revised Code
no
longer apply shall file an additional
monthly statement of contributions received during the primary election
period
in the year of the primary election in which the candidate seeks nomination
to
office beginning with contributions received after the last business day in
the committee's last previously filed statement, if any, through the fifteenth
day of March. That statement shall be filed not later than
three business days after the fifteenth day of March.
Contributions reported in the additional monthly statement of
contributions shall also be included in the campaign committee's
pre-primary election statement required under division (A)(1) of
this section.
During the period
beginning on
the nineteenth day before the general election in which a
statewide candidate seeks election to office and extending through the day of
that general election, each time the campaign committee of the joint
candidates for the offices of governor and
lieutenant governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period to equal or exceed two thousand five hundred dollars and each time
the campaign
committee of a candidate for the office of chief justice or
justice of the supreme court receives a contribution from a
contributor that causes the aggregate amount of contributions
received from that contributor during that period to exceed five
hundred dollars, the campaign committee
shall file a two-business-day statement reflecting that
contribution.
During the period beginning on the nineteenth day before a
primary election in which a candidate for statewide
office seeks nomination to office and extending through the day
of that primary election, each time either the campaign committee of a
statewide candidate in that primary election that files a
notice under division (C)(1) of
section 3517.103 of the Revised Code or the campaign committee of a statewide
candidate in that primary election to which, in accordance with
division (D) of section 3517.103 of the Revised Code, the contribution
limitations prescribed in section 3517.102 of the
Revised Code no longer apply receives a contribution
from a contributor that causes the aggregate amount of
contributions received from that contributor during that period
to exceed two thousand five hundred dollars, the campaign
committee shall file a two-business-day statement reflecting
that contribution.
Contributions reported on a two-business-day statement
required to be filed by a campaign committee of a statewide
candidate in a primary election shall also be included
in the post-primary election statement required to be filed by
that campaign committee under division (A)(2) of this
section. A
The
two-business-day statement required by this paragraph shall be filed
not
later than two business days after receipt of the contribution. The
statements required by this paragraph shall be filed in
addition to any other statements required by this section. The secretary of state may permit the filing of two-business-day statements
by facsimile or other electronic means of transmission.
If a campaign committee or political action committee has
no balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since
the period reflected in its last previously filed statement. (B) Except as otherwise provided in division (C)(7) of
this section, each statement required by division (A) of this
section shall contain the following information: (1) The full name and address of each campaign committee,
political action committee, legislative campaign
fund, or political party, including any
treasurer of the committee, fund, or party,
filing a
contribution
and expenditure statement; (2)(a) In the case of a campaign committee, the
candidate's
full name and address; (b) In the case of a political action committee, the
registration
number assigned to the committee under division (D)(1)
of this
section. (3) The date of the election and whether it was or will be
a general, primary, or special election; (4) A statement of contributions received, which shall
include: (a) The month, day, and year of the contribution; (b)(i) The full name and address of each person,
political
party, campaign committee, legislative campaign fund, or
political action committee from
whom contributions are received and the registration number
assigned to the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any
statement filed by a state or local committee of a political
party, to a finance committee of
such committee, or to a committee recognized by a state or local
committee as its fund-raising auxiliary. Notwithstanding
division (F)(1) of this section, the requirement of
filing the full
address shall be considered as being met if the address filed is
the same address the contributor provided under division
(E)(1) of
this section. (ii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly receives a
contribution
from an individual that exceeds one
hundred dollars, the name of the individual's current employer,
if any, or, if the individual is self-employed, the
individual's occupation; (iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly receives a
contribution transmitted pursuant to
section 3599.031 of the Revised Code from
amounts deducted from the wages and salaries of two or more
employees that exceeds
in the aggregate one hundred dollars during any one filing period
under
division (A)(1), (2), or (3) of this section, the full
name of the
employees' employer and the full name of the labor organization
of which the
employees are members, if any. (c) A description of the contribution received, if other
than money; (d) The value in dollars and cents of the contribution; (e) A separately itemized account of all contributions and
expenditures regardless of the
amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a contribution
transmitted pursuant to section 3599.031 of the Revised Code from amounts
deducted from the wages and salaries of employees if the contribution from the
amount deducted from the wages and salary of any one employee is twenty-five
dollars or less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall include a
description of and the value of each in-kind contribution received at that
activity from any person who made one or more
such contributions whose aggregate value exceeded two hundred
fifty dollars and shall be listed separately, together with the expenses
incurred and paid in connection with that activity. A campaign committee,
political action committee, legislative campaign fund, or political party
shall keep records of contributions from each person in the amount of
twenty-five dollars or less at one social or fund-raising activity and
contributions from amounts deducted under section 3599.031 of the Revised Code
from the wages and salary of each employee in the amount of twenty-five
dollars or less aggregated in a calendar year. No continuing association that
is
recognized by a state or local committee of a political party as an auxiliary
of the party and that makes a contribution from funds derived solely from
regular dues paid by members of the auxiliary shall be required to list the
name or address of any members who paid those dues. Contributions that are other income shall be itemized
separately from all other contributions. The information
required under division (B)(4) of this section shall be
provided for all other income itemized. As used in this
paragraph, "other income" means a loan, investment
income, or interest income. (f) In the case of a campaign committee of a
state elected officer, if a person doing business with the state elected
officer in the officer's official capacity
makes a contribution to
the campaign committee of that officer, the information required
under division (B)(4) of this section in regard to that
contribution, which shall be filed together with and considered a
part of the committee's statement of contributions as required
under division (A) of this section but shall be filed on
a separate form provided by the secretary of state. As used in
division (B)(4)(f) of this section: (i) "State elected officer" has the
same meaning as in section 3517.092 of the Revised
Code. (ii) "Person doing business" means a
person or an officer of an entity who enters into one or more
contracts with a state elected
officer or anyone authorized to enter into contracts on behalf of
that officer to receive payments for goods or services, if the
payments total, in the aggregate, more than five thousand dollars
during a calendar year. (5) A statement of expenditures which shall include: (a) The month, day, and year of the expenditure; (b) The full name and address of each person, political
party, campaign committee, legislative campaign fund, or
political action committee to whom
the expenditure was made and the registration number assigned
to the
political action committee under division (D)(1) of this
section; (c) The object or purpose for which the expenditure was
made; (d) The amount of each expenditure. (C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. (2) The person filing the statement shall, under penalty of
election falsification, include with it a list of each anonymous
contribution, the circumstances under which it was received, and
the reason it cannot be attributed to a specific donor. (3) Each statement of a campaign committee of a candidate who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under
the candidate's direct supervision and control. In a space
provided in the statement, the person filing the statement shall
affirm that each such contribution was voluntarily made. (4) A campaign committee that did not receive
contributions or
make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section. (5) The campaign committee of any person who attempts to become
a candidate and who, for any reason, does not become certified in
accordance with Title XXXV of the Revised Code for placement on
the official ballot of a primary, general, or special election to
be held in this state, and who, at any time prior to or after an
election, receives contributions or makes expenditures, or has
given consent for another to receive contributions or make
expenditures, for the purpose of bringing about the person's
nomination or election to public office, shall file the statement
or statements prescribed by this section and a termination
statement, if applicable. This paragraph does not apply to any
person with respect to an election to the offices of member of a
county or state central committee, presidential elector, or
delegate to a national convention or conference of a political
party. (6)(a) The statements required to be filed under this section
shall specify the balance in the hands of
the campaign committee, political action
committee, legislative campaign fund, or political
party and the disposition intended to be made
of that
balance. (b) The form for all statements required to be
filed under this section shall be prescribed by the secretary of state, and
furnished to the boards of elections in the several counties, and the boards
of elections shall supply printed copies of those forms without charge. The
secretary of state may require that the statements required to be stored on
computer by the secretary of state under divisions (A)(1) to
(4) of section 3517.106 of the Revised Code be filed in whatever format
the secretary of state considers necessary so that the secretary of state may
store the information contained in the
statements on computer. Any such
format shall be of a type and nature that is readily available to whoever is
required to file the statements in that format. (7) Each monthly statement and each two-business-day
statement required by
division (A) of this section shall contain the
information required by
divisions (B)(1) to (4), (C)(2), and, if
appropriate, (C)(3) of this section. Each statement
shall be signed as required by division (C)(1) of this section. (D)(1) Prior to receiving a contribution or making an expenditure, every
campaign committee, political action
committee, legislative campaign fund, or political party
shall appoint a treasurer and shall
file, on a form prescribed by the secretary of state, a
designation of that appointment,
including the full name and address of the treasurer and of the
campaign committee, political
action committee, legislative campaign fund, or political
party. That designation shall be filed with
the official with whom the campaign committee,
political action committee, legislative campaign fund, or
political party is required to
file statements under section 3517.11 of the Revised Code. The
name of a
campaign committee shall include at least the last name of the
campaign
committee's candidate. The secretary of
state shall assign a registration number to each political action
committee
that files a designation of the appointment of a treasurer under
division
(D)(1) of this section
if the political action committee is required by division
(A)(1) of
section 3517.11 of the Revised Code to file the
statements
prescribed by this section with the secretary of state. (2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions,
from
whom received and the purpose for which they were disbursed. (3)(a) Except as otherwise provided in section 3517.108 of the Revised Code, a
campaign committee shall deposit all monetary
contributions
received by the committee into an account separate from a personal or business
account of the candidate or campaign committee. (b) A political action committee
shall deposit all monetary contributions received by the committee into an
account separate from all other funds. (c) A state or county political party may
establish a state candidate fund that is separate from an account that
contains the public moneys received from the Ohio political party
fund
under section 3517.17 of the Revised Code and from all other funds. A state or county
political party may deposit into its state candidate fund any amounts of
monetary contributions that are made to or accepted by the political party
subject to the applicable limitations, if any, prescribed in section 3517.102
of the Revised Code. A state or county
political party
shall deposit all other monetary contributions received by the
party into one or more accounts
that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code. (d) Each state political party shall have only one legislative campaign fund
for each house of the general assembly. Each such fund shall be separate from
any other funds or accounts of that state party. A legislative campaign fund
is authorized to receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members of that
political party to the house of the general assembly with which that
legislative campaign fund is associated. Each legislative campaign fund shall
be administered and controlled in a manner designated by the caucus. As used
in division (D)(3)(d) of this section, "caucus" has the same meaning as in
section 3517.01 of the Revised Code and includes, as an ex officio member, the
chairperson of the state political party with which the caucus
is associated, or
that chairperson's designee. (4) Every expenditure in excess of twenty-five dollars
shall be
vouched for by a receipted bill, stating the purpose of the
expenditures, that shall be filed with the
statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section. (5) The secretary of state or the board of
elections, as the
case may
be, shall issue a receipt for each statement filed under this
section and
shall preserve a copy of the receipt for a period of
at least six
years. All statements filed under this section shall be
open to public inspection in
the office where they are filed and shall be carefully preserved
for a period of at least six years after the year in which they
are filed. (E)(1) Any person, political party, campaign committee,
legislative campaign fund, or
political action committee that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall provide
the
registration number assigned to the committee under division
(D)(1)
of
this section to the recipient of the contribution at the time the
contribution
is made. (2) Any individual who makes a contribution that
exceeds one hundred dollars to a campaign committee of a statewide candidate
or candidate for the office of member of the general assembly shall provide
the name of the individual's current employer, if any, or, if
the individual is
self-employed, the individual's occupation to
the recipient of the contribution at the time the contribution is
made. Sections 3599.39 and 3599.40 of the Revised
Code do not apply to division (E)(2) of this
section. (3) If a campaign committee shows that it has exercised its best efforts to
obtain, maintain, and submit the information required under divisions
(B)(4)(b)(ii) and (iii)
of this section, that committee is considered to have met the requirements of
those divisions. A campaign committee shall not be
considered
to have
exercised its best efforts unless, in connection with written solicitations,
it regularly includes a written request for the information required under
division (B)(4)(b)(ii) of this section from the contributor or the information
required under division (B)(4)(b)(iii) of this section from whoever transmits
the contribution. (4) Any check that a political action committee uses to
make a contribution or an expenditure shall contain the full name
and address of the committee and the registration number assigned
to the committee under division (D)(1) of this section. (F) As used in this section: (1) "Address" means all of the
following if they exist: apartment number, street, road, or
highway name and number, rural delivery route number, city or
village, state, and zip code as used in a person's
post-office address, but not post-office box.
If an address is required in this section, a post-office box and
office, room, or suite number may be included in addition to but
not in lieu of an apartment,
street, road, or highway name and number. If an address is
required in this
section, a
campaign committee, political action committee, legislative campaign fund, or
political party may use
the business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund, or
political party may be used in
addition to that address. (2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the office of
secretary of state, auditor of state, treasurer of state, attorney general,
member of the state board of education, chief justice of the supreme court, or
justice of the supreme court. (G) An independent expenditure shall be reported
whenever and in the same manner that an expenditure is required to be reported
under this section and shall be reported pursuant to division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. (H)(1) Except as otherwise provided in division (H)(2)
of this
section, if, during the combined preelection and postelection reporting
periods
for an election, a campaign committee has received contributions of five
hundred dollars or less and has made expenditures in the total amount of five
hundred dollars or less, it may file a statement to that effect, under penalty
of election falsification, in lieu of the statement required by division
(A)(2) of this section. The statement shall indicate the total
amount of contributions received and the total amount of expenditures made
during
those combined reporting periods. (2) In the case of a successful candidate at a primary election, if either
the
total contributions received by or the total expenditures made by the
candidate's campaign committee during the preprimary, postprimary, pregeneral,
and postgeneral election periods combined equal more than five hundred
dollars,
the campaign committee may file the statement under division (H)(1)
of
this section only for the primary election. The first statement that the
campaign committee files in regard to the general election shall reflect all
contributions received and all expenditures made during the preprimary and
postprimary election periods. (3) Divisions (H)(1) and (2) of this section do not apply if a
campaign committee receives contributions or makes expenditures prior to the
first day of January of the year of the election at which the
candidate seeks
nomination or election to office or if the campaign committee does not file a
termination statement with its postprimary election statement in the case of
an unsuccessful primary election candidate or with its postgeneral election
statement in the case of other candidates. (I) In the case of a contribution made by a partnership or
unincorporated business, all of the following
apply: (1) The recipient of the contribution shall report the contribution by
listing both the partnership or unincorporated business and the name of the
partner or owner making the contribution. (2) For purposes of section 3517.102 of the Revised Code, the contribution
shall be considered to have been made by the partner or owner reported under
division (I)(1) of this section. (3) No contribution from a partnership or unincorporated business shall be
accepted unless the recipient reports the contribution under division (I)(1)
of this section. (J) A candidate shall have only one campaign committee at any
given time for all of the offices for which the person is a
candidate or holds office. (K)(1) In addition to filing a designation of appointment
of a treasurer under division
(D)(1) of this section, the campaign committee of any candidate
for an elected municipal office that pays an annual amount of
compensation of five thousand dollars or less, the campaign
committee of any candidate for member of a board of education
except member of the state board of education, or the campaign
committee of any candidate for township trustee or township
clerk may sign, under penalty of election falsification, a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars. The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and
petition, a nominating petition, or a declaration of intent to
be a write-in candidate. (2) Except as otherwise provided in division (K)(3) of
this section, a campaign committee that files a certificate
under division (K)(1) of this section is not required to file
the statements required by division (A) of section 3517.10 of the Revised
Code. (3) If, after filing a certificate under division (K)(1)
of this section, a campaign committee exceeds any of the
limitations described in that division during an election
period, the certificate is void and thereafter the campaign
committee shall file the statements required by
division (A) of section 3517.10 of this Revised Code. If the
campaign committee has not previously filed a statement, then on
the first statement the campaign committee is required to file
under division (A) of section 3517.10 of the Revised Code after
the committee's certificate is void, the committee shall report all
contributions received and expenditures made from the time the
candidate filed the candidate's declaration of candidacy and
petition, nominating petition, or declaration of intent to be a
write-in candidate. (4) As used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or, if the
candidate was nominated in a primary election,
the day of the election at which the candidate seeks office. (L) This is an interim section effective until January 1, 2000.
Sec. 3517.102. (A) Except as otherwise provided in section
3517.103 of the Revised Code, as used in this section and sections 3517.103
and 3517.104 of the Revised Code: (1) "Candidate" has the same meaning as in section 3517.01 of the Revised
Code but includes
only candidates for the offices of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state,
attorney general, member of the state board of education, member of the
general assembly, chief justice of the supreme
court, and justice of the supreme court. (2) "Statewide candidate" or "any one
statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for
the office of secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education, chief justice
of the supreme court, or justice of the
supreme court. (3) "Senate candidate" means a candidate for
the office of state senator. (4) "House candidate" means a candidate for
the office of state representative. (5)(a) "Primary election period" for a
candidate begins on the beginning date of the candidate's
pre-filing period specified in division (A)(9) of section
3517.109 of the Revised Code and ends on the day of
the primary election. (b) In regard to any candidate, the "general
election period"
begins on the day after the primary election immediately
preceding the general election at which the candidate seeks
an office specified in division (A)(1) of this section and ends on the
thirty-first day of December following that general election. (6) "State candidate fund" means the state candidate fund established by a
state or county political party under division (D)(3)(c) of
section
3517.10 of the Revised Code. (7) "Postgeneral election statement" means the statement filed under
division (A)(2) of section 3517.10 of the Revised Code by the campaign
committee of a candidate after the general election in which the candidate ran
for office
or filed by legislative campaign fund after the general election in an
even-numbered year. (8) "Contribution" means any contribution that is required to be reported
in the statement of contributions under section 3517.10 of the Revised Code. (9) Except as otherwise provided in division
(F) of section 3517.103 and division (B)(3)(b) of section 3517.1010 of the
Revised Code, "designated "Designated state campaign
committee" means: (a) In the case of contributions to or from a state political party, a
campaign committee of a statewide candidate, statewide officeholder, senate
candidate,
house candidate, or member of the general assembly. (b) In the case of contributions to or from a county political party, a
campaign committee of a statewide candidate, statewide officeholder, senate
candidate or house candidate whose candidacy is to be submitted to some or all
of the electors in that county, or member of the general assembly whose
district contains all or part of that county. (c) In the case of contributions
to or from a legislative campaign fund, a campaign committee of
any of the following: (i) A senate or house candidate who, if elected, will be a member of the same
party that established the legislative campaign fund and the same house with
which the legislative campaign fund is associated; (ii) A state senator or state representative who is a member of the same
party that established the legislative campaign fund and the same house with
which the legislative campaign fund is associated. (B)(1) No individual shall make a contribution
or contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign
committee of any one statewide candidate in a primary election period or in a
general election period; (b) Two thousand five hundred dollars to the campaign
committee of any one senate candidate in a primary election period or in a
general election period; (c) Two thousand five hundred dollars to the campaign
committee of any one house candidate in a primary election period or in a
general election period; (d) Five thousand dollars to any one county political
party for the party's state candidate fund or to any one legislative campaign
fund in a calendar year; (e) Fifteen thousand dollars to any one state political party for
the
party's state candidate fund in a calendar year; (f) Five thousand dollars to any one political action committee
in a calendar year. (2) Subject to division (D)(1) of this section, no
political action committee shall make a contribution or
contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign
committee of any one statewide candidate in a primary election period or in a
general election period; (b) Two thousand five hundred dollars to the campaign
committee of any one senate candidate in a primary election period or in a
general election period; (c) Two thousand five hundred dollars to the campaign
committee of any one house candidate in a primary election period or in a
general election period; (d) Five thousand dollars to any one county political
party for the party's state
candidate fund or to any one legislative campaign fund in a calendar year; (e) Fifteen thousand dollars to any one state political
party for
the party's state candidate fund in a calendar year; (f) Two thousand five hundred dollars to another political
action committee in a calendar year.
Division (B)(2)(f) of this section does
not apply to a political action committee that makes a contribution to a
political action committee affiliated with it. For purposes of division
(B)(2)(f) of this section, a political action committee is
affiliated with
another political action committee if they are both established, financed,
maintained, or controlled by the same corporation, organization, labor
organization, continuing association, or other person, including any parent,
subsidiary, division, or department of that corporation, organization, labor
organization, continuing association, or other person. (3) No campaign committee shall make a contribution or
contributions aggregating more than: (a) Two thousand five hundred dollars to the campaign committee
of any one statewide candidate in a primary election period or in a general
election period; (b) Two thousand five hundred dollars to the campaign committee
of any one senate candidate in a primary election period or in a general
election period; (c) Two thousand five hundred dollars to the campaign committee
of any one house candidate in a primary election period or in a general
election period; (d) Two thousand five hundred dollars to any one
political action committee in a calendar year. (4) Subject to division (D)(3) of this section, no
political party shall make a contribution or contributions
aggregating more than two thousand five hundred dollars to any one political
action
committee in a calendar year. (5) No campaign committee, other than a designated state campaign committee,
shall make a contribution or contributions aggregating in a calendar year more
than: (a) Fifteen thousand dollars to any one state political party for the party's
state candidate fund; (b) Five thousand dollars to any one legislative campaign fund; (c) Five thousand dollars to any one county political party for the party's
state candidate fund. (6)(a) No state candidate fund of a county political party shall
make a contribution or contributions, except a contribution or contributions
to a designated state campaign committee, in a primary election period or a
general election period, aggregating more than: (i) Two thousand five hundred dollars to the campaign committee of
any one
senate candidate; (ii) Two thousand five hundred dollars to the campaign
committee of any one
house candidate. (b)(i) No state candidate fund of a state or county political party
shall make a transfer or a contribution or transfers or
contributions of cash or cash equivalents
to a designated state campaign committee in a primary election
period or in a general election period aggregating more than: (I) Five hundred thousand dollars to the campaign committee of any one
statewide candidate; (II) One hundred thousand dollars to the campaign committee of any one senate
candidate; (III) Fifty thousand dollars to the
campaign committee of any one house candidate. (ii) No legislative campaign fund shall make a transfer or a
contribution or
transfers or contributions of cash or cash equivalents to a designated
state campaign committee
aggregating more than: (I) Fifty thousand dollars in a primary election period or one
hundred thousand dollars in a general election period to the campaign
committee or any one senate candidate; (II) Twenty-five thousand dollars in a primary election period or
fifty thousand dollars in a general election period to the campaign committee
of any one house candidate. (iii) As used in divisions (B)(6)(b) and
(C)(6)(a) and (b) of this section, "transfer
or contribution of cash or
cash equivalents" does not include any in-kind contributions. (c) A county political party that has no state candidate fund and that is
located in a county having a population of less than one hundred fifty
thousand may make one or more contributions from other accounts to any one
designated state campaign committee that do not exceed, in the
aggregate, two thousand five hundred dollars in any primary election period
or general election period. As used in division (B)(6)(c) of this section,
"other accounts" does not include either an account that contains the public
moneys received from the Ohio political party fund under section 3517.17 of
the Revised Code or the county political party's operating account. (d) No legislative campaign fund shall make a contribution, other
than to a designated state campaign committee or to the state candidate fund
of a political party. (C)(1) Subject to division (D)(1) of this section, no campaign committee of a
statewide candidate shall accept a contribution or contributions aggregating
more than two thousand five hundred dollars from any one individual, from any
one political action committee, or from any one other campaign
committee in a
primary election period or in a general election period. (2) Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a senate
candidate shall accept a contribution or contributions aggregating more than
two thousand five hundred dollars from any one individual, from any one
political action committee, from any one state candidate fund of a county
political
party, or from any one other campaign committee in a
primary election period or in a general election
period. (3) Subject to division (D)(1) of this section and except
for a designated state campaign committee, no
campaign committee of a house candidate shall
accept a contribution or contributions aggregating more than two
thousand five hundred dollars from any one individual, from any one political
action committee, from any one state candidate fund of a county political
party, or from any one other campaign committee in a
primary election
period or in a general election period. (4)(a) Subject to division (D)(1) of this section, no
county political party shall accept a
contribution or contributions for the party's state candidate
fund aggregating
more than five thousand dollars from any one
individual, from any one political
action committee, or from any one campaign committee, other than a designated
state campaign committee, in a calendar year. (b) Subject to division (D)(1) of this section, no state political party
shall accept a contribution or contributions for the party's state candidate
fund aggregating more than fifteen thousand dollars from any one individual,
from any one political action committee, or from any one campaign committee,
other than a designated state campaign committee, in a calendar year. (5) Subject to division (D)(1) of this section, no
legislative campaign fund shall accept a
contribution or contributions aggregating more than five thousand
dollars from any one individual, from any one political action
committee, or from any one campaign committee, other than a designated state
campaign committee, in a calendar year. (6)(a) No designated state campaign committee shall accept a transfer
or contribution of cash or cash equivalents from a state candidate fund of
a state or county
political party aggregating in a primary election period or a general election
period more than: (i) Five hundred thousand dollars, in the case of a campaign committee of a
statewide candidate; (ii) One hundred thousand dollars, in the case of a campaign committee of a
senate candidate; (iii) Fifty thousand dollars, in the case of a campaign committee of a house
candidate. (b) No designated state campaign committee shall accept a
transfer or contribution of cash or cash equivalents from a legislative
candidate fund
aggregating more than: (i) Fifty thousand dollars in a primary election period or one
hundred thousand dollars in a general election period, in the case of a
campaign committee of a senate candidate; (ii) Twenty-five thousand dollars in a primary election period
or fifty thousand dollars in a general election period, in the case of a
campaign committee of a house candidate. (7)(a) Subject to division (D)(3) of this
section, no political action committee shall accept a contribution or
contributions aggregating more than five thousand dollars from any one
individual, or more than two thousand five hundred dollars from any one
campaign committee or from any one political party. (b) Subject to division (D)(1) of this section, no
political action committee shall accept a contribution or contributions
aggregating more than two thousand five hundred dollars from another political
action committee in a calendar year.
Division (C)(7)(b)
of this section does not apply to a political action committee that accepts a
contribution from a political action committee affiliated with it. For
purposes of division (C)(7)(b) of this section, a political action
committee is
affiliated with another political action committee if they are both
established, financed, maintained, or controlled by the same corporation,
organization, labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other person. (D)(1) For purposes of the limitations prescribed
in division (B)(2) of this section and the limitations
prescribed in divisions (C)(1), (2), (3), (4), (5),
and (7)(b) of this section,
whichever is applicable, all contributions made by and all contributions
accepted from
political action committees that are established, financed,
maintained, or controlled by the same corporation, organization,
labor organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other person, are
considered to have been made by or accepted from a single
political action committee. (2) As used in divisions (B)(1)(f), (B)(3)(d), (B)(4), and (C)(7) of this
section, "political action committee" does not include a political action
committee that is organized to support or oppose a ballot issue
or question and that makes no contributions to or expenditures
on behalf of a political party, campaign committee, legislative
campaign fund, or political action committee. (3) For purposes of the limitations prescribed in divisions (B)(4) and
(C)(7)(a)
of this section, all contributions made by and all contributions accepted from
a national political party, a state political party, and a county political
party are considered to have been made by or accepted from a single political
party and shall be combined with each other to determine whether the
limitations have been exceeded. (E)(1) If a legislative campaign fund has kept a total amount of
contributions exceeding one hundred fifty thousand dollars at the close of
business on the seventh day before the
postgeneral election statement is required to be filed under section 3517.10
of the Revised Code, the legislative campaign fund shall comply with division
(E)(2) of this section. (2)(a) Any legislative campaign fund that
has kept a total amount of contributions in excess of the amount specified in
division (E)(1) of this section at the close of
business on the seventh day before the
postgeneral election statement is required to be filed under section 3517.10
of the Revised Code shall dispose of the excess amount in the manner
prescribed in division (E)(2)(c)(i), (ii), or (iii) of this section not later
than ninety days after the day the postgeneral
election statement is required to be filed under section 3517.10 of the
Revised Code. Any
legislative campaign fund that is required to
dispose of
an excess amount of contributions under this division shall file a statement
on the ninetieth day after the postgeneral election statement is required to
be filed under section 3517.10 of the Revised Code indicating the total amount
of contributions the fund has at the close of
business on the seventh day before the postgeneral
election statement is required to be filed under section 3517.10
of the Revised Code and
that the
excess
contributions were disposed of pursuant to this division and divisions
(E)(2)(b) and (c) of this section. The
statement shall be on a form prescribed by the secretary of state and shall
contain any additional information the secretary of state considers necessary. (b) There is hereby created in the state treasury the Ohio elections
commission fund. All moneys credited to the fund shall be used solely for the
purpose of paying expenses related to the operation of the Ohio elections
commission. (c) Any legislative campaign fund that is
required to
dispose of an excess amount of contributions under division (E)(2) of this
section shall dispose of that excess amount by doing any of the following: (i) Giving the amount to the treasurer of state for deposit into the state
treasury to the credit of the Ohio elections commission fund; (ii) Giving the amount to individuals who made contributions to that
legislative campaign fund as a refund of all or part of their
contributions; (iii) Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c) of the
Internal Revenue Code. (F)(1) No legislative campaign
fund shall fail to file a statement required by division
(E) of this section. (2) No legislative campaign fund
shall fail to dispose of excess contributions as required by
division (E) of this section. (G) Nothing in this section shall affect, be used in determining,
or supersede a limitation on campaign contributions as provided for in the
Federal Election Campaign Act. (H) This is an interim section effective until January 1, 2000.
Sec. 3517.103. (A) For purposes of this
section: (1) "Statewide candidate" means the joint candidates for the offices of
governor and lieutenant governor or a candidate for the office of secretary of
state, auditor of state, treasurer of state, attorney general, or member of
the state board of education. (2) "Personal funds" means contributions moneys contributed
to the campaign committee of a candidate by the candidate or by
the candidate's spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters,
grandparents, mother-in-law, father-in-law, brothers-in-law,
sisters-in-law, or grandparents by marriage. (3) When a debt or other obligation incurred by a
committee or by a candidate on behalf of the candidate's committee
described in division (C)(B)(1) or (2) of this
section is to be paid from personal funds, those funds are
considered to be expended when the debt or obligation is
incurred, regardless of when it is paid. (4) For purposes of Chapter 3517. of the Revised Code, a candidate is an
"opponent" when the candidate has
indicated on the candidate's most recently filed designation of
treasurer that the candidate seeks the same office at the same
primary or general election as another candidate whose campaign
committee has filed a personal funds notice required by division
(C)(1) or (2) of this section.
(B) (1) Except as otherwise provided in division (B)(2) of this section,
no statewide candidate or candidate for the office of
member of the general assembly shall make an expenditure of
personal funds to influence the results of an election for that candidate's
nomination or election to office unless the personal funds are
first deposited into the campaign fund of that candidate's
campaign committee. (2) A statewide candidate or
candidate for office of the general assembly may make an
expenditure of personal funds without first depositing those
funds into the campaign committee's funds as long as the
aggregate total of those expenditures does not exceed five
hundred dollars at any time during an election period. After
the candidate's campaign committee reimburses the candidate for
any direct expenditure of personal funds, the amount that was
reimbursed is no longer included in the aggregate total of
expenditures of personal funds subject to the five-hundred-dollar limit.
(C)(1) If the campaign committee of any
statewide candidate has received or expended or expects to expend more
than
one hundred thousand dollars of personal funds during a primary
election period or one hundred fifty thousand dollars of personal funds during
a general election period, the
campaign committee shall file a personal funds notice in the manner
provided in
division (C)(B)(3) of this section indicating that the
committee has received or expended or expects to expend more than that
amount. For the purpose of division (C)(B)(1) of this
section, a joint team of candidates for governor and lieutenant
governor shall be considered a single candidate and their
personal funds shall be combined.
(2) If the campaign committee of any senate candidate
or house candidate has received or expended or expects to expend more
than
twenty-five thousand dollars of personal funds during a primary
election period or twenty-five thousand dollars of personal funds during a
general election period, the
campaign committee shall file a personal funds notice in the manner
provided in
division (C)(B)(2) of this section indicating that the
committee has received or expended or expects to expend more than that
amount. (3) The personal funds notice required in divisions
(C)(B)(1) and (2) of
this section and the declaration of no limits required under division
(D)(2) of this
section shall be on a form
prescribed by the
secretary of state. The personal funds notice required in divisions
(C)(1) and (2) of this section shall be filed not later than
the earlier
of the following times: (a) One hundred twenty sixty days before a primary election,
in the
case of personal
funds received, expended, or expected to be expended during a
primary
election period, or not later than one hundred twenty sixty
days
before a general election, in the case of personal funds received,
expended, or expected
to be expended during a general election period;
(b) Two business days after the
candidate's campaign committee receives or makes an expenditure of personal
funds or the candidate makes an expenditure of personal funds on behalf of the
candidate's campaign committee during that election period that
exceed, in the aggregate, the amount specified in division (C)(1) or (2) of
this section. The
The personal funds notice required under divisions (C)(1) and (2) of
this section and the declaration of no limits required under division (D)(2)
of
this section shall be filed wherever the campaign committee files
statements of
contributions and expenditures under section 3517.11 of the
Revised Code. The board of elections
shall send to the secretary of state a copy of any personal funds
notice or declaration of no limits filed
by the campaign committee of a senate candidate or house
candidate under division (C)(B)(3) or (D)(2) of this
section.
(D)(1)(C) Whenever a campaign committee files a
notice under division (C)(B)(1) or (2) of this section,
and the campaign committee of an opponent files a
declaration of no limits pursuant to division
(D)(2) of this section within
thirty days of the filing of the personal funds notice under division
(C)(1) or (2) of this section, the
contribution limitations prescribed in section 3517.102 of the
Revised Code no longer apply to the campaign committee of the
candidate's opponent.
(2) No campaign committee of a
candidate described in division (D)(1) of
this
section shall accept any contribution or contributions from a contributor that
exceed the limitations prescribed in section 3517.102 of the Revised Code
until the committee
files a declaration that the committee will accept contributions that exceed
those limitations. This declaration shall be filed not later than thirty days
after a candidate's opponent has filed a personal funds notice pursuant to
division (C)(1) or (2) of section 3517.103 of the Revised Code, shall be
referred to
as the "declaration of no limits," and shall list all of the following:
(a) The amount of cash on hand in the candidate's campaign fund
at the end of the day immediately preceding the day on which the candidate's
campaign committee files the declaration of no limits;
(b) The value and description of all campaign assets worth five
hundred dollars or more available to the candidate at the end of the day
immediately preceding the day on which the candidate's campaign committee
files the declaration of no limits.
(3) A candidate who was not an opponent of a candidate who filed the
personal funds notice required under division (C)(3) of this section
on the date the personal funds notice was filed may file the declaration of no
limits pursuant to division (D)(2) of this section within thirty days
after becoming an opponent of the candidate who filed the personal funds
notice.
(4) If the candidate
whose campaign committee filed a personal funds notice under division
(C)(1) or (2) of this section
fails to file a declaration of candidacy for the office listed
on the designation of treasurer filed under division
(D) of section 3517.10 of the
Revised Code or files a declaration of
candidacy or nominating petition for that office and dies or
withdraws, both of the following apply to the campaign committee
of that candidate's opponent:
(a) No contribution from a contributor may
be accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor
during the primary election period or general election period, whichever is
applicable, would cause that committee to exceed the
contribution limitations prescribed in section 3517.102 of the
Revised Code for the applicable election period.
(b) The statement of primary-day
finances or the year-end statement required to be filed under division
(E) of section 3517.1010 of the Revised Code shall
be filed not later than
fourteen days after the date the candidate's opponent fails to
file a declaration of candidacy or nominating petition by the appropriate
filing deadline, or dies
or withdraws. For purposes of calculating permitted funds under division
(A)(7) of section 3517.1010 of the Revised Code, the primary or general
election period, whichever is applicable, shall be considered to have ended on
the filing deadline, in the case of an opponent who fails to file a
declaration of candidacy or nominating petition, or on the date of the
opponent's death or withdrawal. In such an event, the filing of a statement
of primary day finances or year end finances and the disposing of any excess
funds as required under division (B) of section 3517.1010 of the Revised Code
satisfies the candidate's obligation to file such a statement for that
election period.
(E)(D)(1) No campaign committee shall fail to file
a personal funds notice as required under division
(C)(B)(1)
or (2) of this
section.
(2) No campaign committee shall accept any
contribution in excess of the
contribution limitations prescribed in section 3517.102 of the Revised
Code: (a) Unless a declaration of no limits has been filed under
division (D)(2) of this section;
(b) In violation of division (D)(4) of this section once
the candidate who filed a personal funds notice under division (C)(3)
of this section fails to file a declaration of candidacy or nominating
petition or that candidate dies or withdraws.
(3) No campaign committee that violates division
(C)(B)(1) of this section shall expend any personal funds in
excess of the amount specified in division (C)(B)(1) or (2)
of this section, whichever is appropriate to the committee.
(4)(3) The candidate of any campaign committee that
violates
expends personal funds in violation of division (E)
(D)(2) of
this section shall forfeit the candidate's nomination, if
the candidate was nominated, or the office to which the candidate was elected,
if the candidate was
elected to office.
(F)(1) Whenever a campaign committee files a notice under division
(C)(1) or (2) of this section or whenever the contribution
limitations prescribed in section 3517.102 of the Revised Code do not apply
to
a campaign committee under division (D)(1) of this section, that committee is
not a designated state campaign committee for the purpose of the limitations
prescribed in section 3517.102 of the Revised Code with regard to
contributions made by that campaign committee to a legislative campaign fund
or to a state candidate fund of a state or county political party.
(2) Division (F)(1) of this section no longer applies
to a campaign committee after both of the following
occur:
(a) The primary or general election period
during which the contribution limitations prescribed in section
3517.102 of the Revised Code did not apply after being
removed
pursuant to division (D) of this section
has expired;
(b) When the campaign committee has
disposed of all excess funds and excess aggregate contributions
as required under section
3517.1010 of the Revised Code.
(G) This is an interim section effective until January 1,
2000.
Sec. 3517.154. (A)(1) The full-time attorney
for the Ohio elections commission shall review each
complaint filed with the commission under section 3517.153 of the
Revised Code, shall determine the nature of the
complaint, and, unless division (A)(2)(a)
of this section requires that the complaint receive an automatic
expedited hearing, shall make a recommendation to the commission for
its disposition, in accordance with this section. The attorney
shall make the determination and the recommendation, if required,
not later than one business day after the complaint is filed. (2)(a) If the attorney determines that the
complaint sets forth a violation of division (B) of
section 3517.21 or division (B) of section 3517.22, or a violation
described in division (D) of section 3517.1010, of the
Revised Code, the complaint shall receive an
automatic expedited hearing under section 3517.156 of the
Revised Code. (b) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of division (G), (I), (J), (O),
(P), or (Q) of section 3517.13, division
(A) of section 3517.21, or division (A) of
section 3517.22 of the Revised Code, the attorney shall
recommend to the commission that the complaint receive an
expedited hearing under section 3517.156 of the Revised
Code and the complaint shall receive such a hearing. (c) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of a section of the Revised Code over which the commission has jurisdiction to
hear complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section,
and unless the attorney makes a determination as provided for in division
(A)(3) of this section, the attorney shall recommend to the
commission that the complaint be submitted to the commission
under section 3517.155 of the Revised Code.
After the attorney makes that recommendation, the attorney shall notify
all parties to the complaint of the attorney's recommendation. (3)(a) If a complaint sets forth a failure to
comply with or a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and
(b) of this section, the attorney may determine that
the complaint should receive an
expedited hearing under section 3517.156 of the Revised
Code. The attorney shall make that determination by
considering one or more of the following: (i) The number of prior failures to comply with
or violations of Title XXXV of the Revised Code that the person or entity
against whom the
complaint has been brought has committed and any prior penalties
the commission has imposed on the person or entity; (ii) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code or an addendum required to be filed under section
3517.11 of the Revised Code that is filed late,
how late the filing is and how much time has elapsed between the
deadline for filing the statement or addendum and the filing of
the complaint; (iii) If the complaint involves contributions
or expenditures required to be reported under section 3517.10, division
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, or
3517.109 of
the Revised Code that are either not reported or
reported late, the number of contributions or expenditures not
reported or how late they were reported; (iv) If the complaint involves contributions
required to be reported by a campaign committee under section
3517.10, division (E) of section 3517.102, or section 3517.105,
3517.107, 3517.108, or 3517.109 of the Revised Code that are
not
reported, whether any of the contributors of the contributions
not reported have a personal or professional relationship with
the campaign committee's candidate; (v) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code that is incomplete, the degree to which it is
incomplete; (vi) If the complaint involves the receipt of
contributions in violation of section 3599.03 of the
Revised Code, the dollar amount and number of
contributions received in violation of that section; (vii) If the complaint involves a failure to
make the identification or a misstatement of the identification
required under section 3517.105 or 3517.20 of the Revised
Code, whether the failure or misstatement was purposely made; (viii) If the complaint sets forth a failure to comply
with or a violation of a section of the Revised Code described in division
(A)(2)(c) of this section, whether the person or
entity against whom the complaint has been made has committed more than one
such failure or violation within a reasonable amount of time, or whether the
cumulative nature
of the failures or violations indicates a systematic disregard
for the law. (b) Prior to making a determination under division
(A)(3)(a) of this section that the
complaint should receive an
expedited hearing under section 3517.156
of the Revised Code, the attorney shall take into
consideration the number of
panels of the commission that have cases pending before them
and the number of cases pending before the panels and shall not
make a determination that will place an undue burden on a
panel of the commission. (c) If the attorney
determines that the
complaint should receive an expedited hearing
under section 3517.156 of the Revised Code,
the attorney shall recommend to the commission that the complaint receive
an expedited hearing, and, if a majority of the members of the commission
agrees with the recommendation, the complaint shall receive an expedited
hearing under that section. (4) The attorney may join two or more complaints if the attorney
determines that the allegations in each complaint are of the same
or similar character, are based on the same act or failure to
act, or are based on two or more acts or failures to act
constituting parts of a common scheme or plan. If one complaint
contains two or more allegations, the attorney may separate the
allegations if they are not of the same or similar character,
if they are not based on the same act or failure to act, or if
they are not based on two or more acts or failures to act
constituting parts of a common scheme or plan. If the attorney
separates the allegations in a complaint, the attorney may make separate
recommendations under division (A)(2) or (3) of this
section for each allegation. (B) Whenever a person or other entity files a
complaint with the commission setting forth a failure to comply
with or a violation of a section of the Revised Code as described in division
(A)(2)(c) of this section, the person or
entity may request an expedited hearing under section 3517.156 of
the Revised Code at the time the complaint is
filed. The attorney for the commission shall inform the members
of the commission of that request at the time the attorney makes a
recommendation under division (A) of this section. The
commission may grant the request for an expedited hearing under this division
if it
determines that an expedited hearing is practicable. (C) This is an interim section effective until January 1, 2000.
Sec. 3517.155. (A)(1) Except as otherwise
provided in division (B) of this section, the
Ohio elections commission shall hold its first hearing on
a complaint filed with it, other than a complaint that receives
an expedited hearing under section 3517.156 of the
Revised Code, not later than ninety business days
after the complaint is filed unless the commission has good cause
to hold the hearing after that time, in which case it shall hold
the hearing not later than one hundred eighty business days after
the complaint is filed. At the hearing, the commission shall
determine whether or not the failure to act or the violation
alleged in the complaint has occurred and shall do only one of
the following, except as otherwise provided in division
(B) of this section or in division (B)
of section 3517.151 of the Revised Code: (a) Enter a finding that good cause has been shown not
to impose a fine or not to refer the matter to the appropriate
prosecutor; (b) Impose a fine under section 3517.993 of the
Revised Code; (c) Refer the matter to the appropriate prosecutor; (d) Direct the secretary of state or appropriate board of elections with
authority to certify a candidate to the ballot to remove a candidate's name
from the ballot if the candidate is barred from the ballot under division (D)
of section 3517.1010 of the Revised Code.
(2) As used in division (A) of this
section, "appropriate prosecutor" means a prosecutor as
defined in section 2935.01 of the Revised Code
and either of the following: (a) In the case of a failure to comply with or
a violation of law involving a campaign committee or the
committee's candidate, a political party, a legislative campaign fund, or a
political action
committee, that is required to file a statement of contributions
and expenditures with the secretary of state under division
(A) of section 3517.11 of the Revised
Code, the prosecutor of Franklin county; (b) In the case of a failure to comply with or
a violation of law involving any other campaign committee or
committee's candidate, or any other political party or political
action committee, either of the following as determined by the
commission: (i) The prosecutor of Franklin county; (ii) The prosecutor of the county in which the
candidacy or ballot question or issue is submitted to the
electors or, if it is submitted in more than one county, the most
populous of those counties. (B) If the commission decides that the evidence
is insufficient for it to determine whether or not the failure to
act or the violation alleged in the complaint has occurred,
the commission, by the affirmative vote of five members,
may request that an investigatory attorney investigate the
complaint. Upon that request, an investigatory attorney shall make an
investigation in order to produce sufficient evidence for the
commission to decide the matter. If the commission requests
an investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days the deadline
for
holding its first hearing on the complaint as required in
division (A) of this section. (C) The commission shall take one of the
actions required under division (A) of
this section not later than thirty days after the close of all
the evidence presented. (D)(1) The commission shall make any finding of a
failure to comply with or a violation of law in regard to a
complaint that alleges a violation of division (D) of section 3517.1010,
division (A) or (B) of
section 3517.21, or division (A) or (B) of section 3517.22
of the Revised
Code by clear and convincing evidence. The commission shall make any
finding of a failure to comply with or a
violation of law in regard to any other complaint
by a preponderance of the evidence. (2) If the commission finds a violation of division
(B) of section 3517.21 or division (B) of section
3517.22 of the Revised Code, it shall refer the
matter to the appropriate prosecutor under division
(A)(1)(c) of
this
section and shall not impose a fine under division
(A)(1)(b)
of this section or section 3517.993 of the Revised Code. (E) In an action before the commission or a
panel of the commission, if the allegations of the complainant
are not proved, and the commission takes the action described in
division (A)(1)(a) of this section or a panel of the
commission takes the action described in division (C)(1)
of section 3517.156 of the Revised Code, the
commission or a panel of the commission may find that the
complaint is frivolous, and, if the commission or panel so finds, the
commission shall order the complainant to pay reasonable attorney's fees and
to
pay the costs of the commission or panel as determined
by a majority of the members of the commission. The costs paid to the
commission or panel under this division shall be
deposited into the Ohio elections commission fund. (F) This is an interim section effective until January 1, 2000.
Sec. 3517.992. This section establishes penalties only with respect to
acts or failures to act that occur on and after August 24, 1995. (A)(1) A candidate whose campaign committee
violates division (A), (B), (C),
(D), or (V) of section 3517.13 of the Revised Code, or a
treasurer of a campaign committee
who violates
any of those divisions, shall be fined not more than one hundred dollars for
each day of violation. (2) Whoever violates division (E) of section
3517.13 of the Revised Code shall be fined not
more than one hundred dollars for each day of violation. (B) A political party that violates division
(F)(1) of section 3517.101 of the Revised
Code shall be fined not more than one hundred dollars for
each day of violation. (C) Whoever violates division (F)(2) of
section 3517.101 or division (G) of section 3517.13 of
the Revised Code shall be fined not more than ten
thousand dollars or, if the offender is a person who was nominated or elected
to public
office, shall forfeit the nomination or the office to which the offender was
elected, or both. (D) Whoever violates division (F) of
section 3517.13 of the Revised Code shall be
fined not more than three times the amount contributed. (E) Whoever violates division (H) of
section 3517.13 of the Revised Code shall be
fined not more than one hundred dollars. (F) Whoever violates division (O),
(P), or (Q) of section 3517.13 of the
Revised Code is guilty of a misdemeanor of the
first degree. (G) A state or county committee of a
political party that violates division (B)(1) of section
3517.18 of the Revised Code shall be fined not
more than twice the amount of the improper expenditure. (H) A state or county political party that
violates division (G) of section 3517.101 of the
Revised Code shall be fined not more than twice
the amount of the improper expenditure or use. (I)(1) Any individual who violates division
(B)(1) of section 3517.102 of the Revised
Code and knows that the contribution the individual
makes violates that division
shall be fined an amount equal to three times the
amount contributed in excess of the amount permitted by that
division. (2) Any political action committee that violates
division (B)(2) of section 3517.102 of the
Revised Code shall be fined an amount equal to
three times the amount contributed in excess of the amount
permitted by that division. (3) Any campaign committee that violates division
(B)(3) or (5) of section 3517.102 of the
Revised Code
shall be fined an amount equal to three times the amount
contributed in excess
of the amount permitted by that division. (4) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the
Revised Code, and any state political party, county
political party, or state candidate fund of a state political party or county
political party that violates division (B)(6) of that section, shall
be fined an amount equal to three times the amount
contributed in excess of the amount permitted by those divisions, as
applicable. (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of this
section, no fine shall be imposed if the excess amount contributed meets
either of the following conditions: (a) It is completely refunded within five business days after it
is accepted. (b) It is less than or equal to the amount permitted under
division (J)(1), (2), (3), or (4) of this section, whichever is
applicable, and the excess is completely refunded within ten business days
after notification to the recipient of the contribution by the board of
elections or the secretary of state that a contribution in excess of the
permitted amount has been received. (J)(1) Any campaign committee that violates division
(C)(1), (2), (3), or (6) of section 3517.102 of the Revised
Code shall be fined an amount equal to three times the amount
accepted in excess of the amount permitted by that division. (2) Any state or county political party that violates division
(C)(4) of section 3517.102 of the Revised Code
shall be
fined an amount from
its state candidate fund equal to three times the amount accepted in excess of
the amount permitted by that division. (3) Any legislative campaign fund that violates
division (C)(5) of section 3517.102 of the
Revised Code shall be fined an amount equal to
three times the amount accepted in excess of the amount permitted
by that division. (4) Any political action committee that violates division (C)(7)
of
section
3517.102 of the Revised Code shall be fined an amount equal
to three
times the
amount accepted in excess of the amount permitted by that division. (5) Notwithstanding divisions (K)(1), (2), (3), and (4) of this
section, no
fine shall be imposed if the excess accepted
meets either of the following conditions: (a) It is completely refunded within five business days after
its
acceptance. (b) It is less than or equal to the amount permitted under
division
(K)(1),
(2), (3), or (4),
whichever is applicable, and the excess is completely refunded within ten
business days after notification to the recipient of the contribution by the
board of elections or the secretary of
state that a contribution in excess of
the permitted amount has been received. (K)(1) Any campaign committee or legislative campaign fund that
violates
division (F)(1) of section 3517.102 of the Revised
Code shall be fined
twenty-five dollars for each day of violation. (2) Any campaign committee or legislative campaign fund
that violates division (F)(2) of section 3517.102 of the
Revised Code shall give to the treasurer of state
for deposit into the state treasury to the credit of the Ohio
elections commission fund all excess
contributions not disposed of as required
by division (E) of section 3517.102 of the
Revised Code. (L) Whoever violates section 3517.105 of the Revised
Code shall be fined one
thousand dollars. (M)(1) Whoever solicits a contribution in violation of section
3517.092 or violates division (B) of section 3517.09 of the
Revised Code is
guilty of a misdemeanor of the first degree. (2) Whoever knowingly accepts a contribution in violation of division
(B) or
(C) of section 3517.092 of the Revised Code shall
be fined an amount equal to
three times the amount accepted in
violation of either of those divisions and
shall return to the contributor any
amount so accepted. Whoever unknowingly
accepts a contribution in violation of division (B) or (C)
of section 3517.092
of the Revised Code shall return to the contributor any
amount so accepted. (N) Whoever violates division (S) of
section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount of funds
transferred or three times the value of the assets transferred in
violation of that division. (O) Any campaign committee that accepts a contribution or
contributions in
violation of section 3517.108 of the Revised Code, uses a
contribution in
violation of that section, or fails to dispose of excess contributions in
violation of that section shall be fined an amount equal to three times the
amount accepted, used, or kept in violation of that section. (P) Any political party, state candidate fund, legislative
candidate
fund, or
campaign committee that violates division (T) of section 3517.13 of
the
Revised Code shall be fined an amount equal to three times
the amount
contributed or accepted in violation of that section. (Q) A treasurer of a committee or another
person who violates division (U) of section 3517.13 of
the Revised Code shall be fined not more than two
hundred fifty dollars. (R) Whoever violates division (I) or
(J) of section 3517.13 of the Revised
Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating
division (I) or (J) of section 3517.13 of the
Revised Code, the contract awarded in violation
of either of those divisions shall be rescinded if its terms have
not yet been performed. (S) A candidate whose campaign committee
violates or a treasurer of a campaign committee who violates
section 3517.081, and a candidate whose campaign committee
violates, or a treasurer of a campaign committee, or another
person who violates, division (C) of section 3517.10 of
the Revised Code, shall be fined not more than
five hundred dollars. (T) A candidate whose campaign committee
violates or a treasurer of a committee who
violates division (B), or a candidate whose campaign committee
violates, a treasurer of a committee, or another person who violates division
(C), of section 3517.09 of the
Revised Code
shall be fined not more than one thousand dollars. (U) Whoever violates section 3517.20 of the
Revised Code shall be fined not more than five
hundred dollars. (V) Whoever violates section 3517.21 or 3517.22
of the Revised Code shall be imprisoned for not
more than six months or fined not more than five thousand
dollars, or both. (W) A campaign committee that is
required to file a declaration of no limits under division
(D)(2) of section 3517.103 of the
Revised Code that, before filing that
declaration, accepts a contribution or contributions that exceed
the limitations prescribed in section 3517.102 of the
Revised Code, shall return that
contribution or those contributions to the contributor.
This is an interim section effective until January 1, 2000.
SECTION 5 . That all existing versions of sections 3517.10, 3517.102, 3517.103,
3517.154, 3517.155, and 3517.992 of the Revised Code are hereby repealed.
SECTION 6 . Sections 4 and 5 of this act shall take effect on January 1, 2000.
SECTION 7 . That section 3517.1010 of the Revised Code, as
enacted by this act, is hereby repealed effective January 1, 2000.
SECTION 8 . If any provision of a section contained in this act
or the application of that provision to any person or
circumstance is held invalid, the invalidity does not affect
other provisions of the section or related sections that can be
given effect without the invalid provision or application, and
to this end the provisions are severable.
SECTION 9 . Sections 3517.01, 3517.11, and 3517.13 of the Revised Code are
presented in this act
as composites of the sections as amended by both
Am. Sub. H.B. 99 and Am. Sub. S.B. 9 of the 121st General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
SECTION 10 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is to ensure the orderly and equitable conduct of
elections and to guard against election fraud, including at the primary
election to be held in May 1998. Therefore, this act shall go into
immediate effect.
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