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(122nd General Assembly)(Substitute Senate Bill Number 134)
AN ACT
To amend sections 102.03, 2921.01, 2921.43, 3513.04,
3517.01,
3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105,
3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152, 3517.155,
3517.20, 3517.23, and 3517.992
of the Revised Code to
permit a loser in a primary election to be a candidate at the following
general election for certain types of nonpartisan offices,
to create
in statute the term "political contributing entity" and to make any such
entity subject to the reporting requirements and contribution
limitations of the Campaign Finance Law and other provisions
of the Elections Law, and to maintain the provisions of this act
on and after January 1, 2000, by amending the versions of
sections 3517.10, 3517.102, 3517.155, and 3517.992 of the Revised
Code that take effect on that date.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 102.03, 2921.01, 2921.43, 3513.04,
3517.01, 3517.08, 3517.09, 3517.092,
3517.10, 3517.102, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13,
3517.152,
3517.155, 3517.20, 3517.23, and 3517.992
of the Revised
Code be amended to read as follows:
Sec. 102.03. (A)(1) No present or former public official or
employee shall, during public employment or service or for
twelve months thereafter, represent a client or act in a
representative capacity for any person on any matter in which the public
official or employee personally participated as a public official or employee
through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or other substantial exercise of administrative
discretion. (2) For twenty-four months after the conclusion of
service, no former commissioner or attorney examiner of the
public utilities commission shall represent a public utility, as
defined in section 4905.02 of the Revised Code, or act in a
representative capacity on behalf of such a utility before any
state board, commission, or agency. (3) For twenty-four months after the conclusion of
employment or service, no former public official or employee who
personally participated as a public official or employee through
decision, approval, disapproval, recommendation, the rendering of
advice, the development or adoption of solid waste management
plans, investigation, inspection, or other substantial exercise
of administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or
operator of a facility, as defined in section 3734.01 of the
Revised Code, or who is an applicant for a permit or license for
a facility under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee. (4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee
of the general assembly, or the controlling board. Division
(A)(4) of this section does not apply to or affect a person who
separates from service with the general assembly on or before
December 31, 1995. As used in division (A)(4) of this section
"person" does not include any state agency or political
subdivision of the state. (5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions,
or constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person. (6) Nothing contained in division (A) of this section
shall prohibit, during such period, a former public official or
employee from being retained or employed to represent, assist, or
act in a representative capacity for the public agency by which
the public official or employee was employed or on which
the public official or employee served. (7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents. (B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties
that is confidential because of statutory provisions, or that
has been clearly designated to the public official or employee as
confidential when that
confidential designation is warranted because of the status of
the proceedings or the circumstances under which the information
was received and preserving its confidentiality is necessary to
the proper conduct of government business. (C) No public official or employee shall participate
within the scope of duties as a public official or employee,
except through ministerial functions as defined in division (A)
of this section, in any license or rate-making proceeding that
directly affects the license or rates of any person, partnership,
trust, business trust, corporation, or association in which the
public official or employee or immediate family owns or
controls more than five per cent. No public official or employee
shall participate within the scope of duties as a public
official or employee, except through ministerial functions as
defined in division (A) of this section, in any license or
rate-making proceeding that directly affects the license or rates
of any person to whom the public official or employee or
immediate family, or a partnership, trust, business trust,
corporation, or association of which the public official or employee
or the public official's or employee's immediate family
owns or controls more than five per cent, has sold goods or
services totaling more than one thousand dollars during the
preceding year, unless the public official or employee has filed
a written statement acknowledging that sale with the clerk or
secretary of the public agency and the statement is entered in
any public record of the agency's proceedings. This division
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code. (D) No public official or employee shall use or authorize
the use of the authority or influence of office or employment
to secure anything of value or the promise or offer of anything
of value that is of such a character as to manifest a substantial
and improper influence upon the public official or employee with
respect to that person's duties. (E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or employee with
respect to that person's duties. (F) No person shall promise or give to a public official
or employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public official or
employee with
respect to that person's duties. (G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a campaign
committee, political party, legislative campaign
fund, or political action committee, or political
contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section. As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund," and
"political action committee," and "political contributing
entity" have the same meanings as in section
3517.01 of the Revised Code. (H) No public official or employee, except for the
president or other chief administrative officer of or a member of
a board of trustees of a state institution of higher education as
defined in section 3345.011 of the Revised Code, who
is required
to file a financial disclosure statement under section 102.02 of
the Revised Code shall solicit or accept, and no person shall
give to that public official or employee, an honorarium. This
division and divisions (D), (E), and (F) of this section do not
prohibit a public official or employee who is required to file a
financial disclosure statement under section 102.02 of the
Revised Code from accepting and do not prohibit a person from
giving to that public official or employee the payment of actual
travel expenses, including any expenses incurred in connection
with the travel for lodging, and meals, food, and beverages
provided to the public official or employee at a meeting at which
the public official or employee participates in a panel, seminar,
or speaking engagement or provided to the public official or
employee at a meeting or convention of a national organization to
which either house of the general assembly, any legislative
agency, or any other state agency pays membership dues. This
division and divisions (D), (E), and (F) of this section do not
prohibit a public official or employee who is not required to
file a financial disclosure statement under section 102.02 of the
Revised Code from accepting and do not prohibit a person from
promising or giving to that public official or employee an
honorarium or the payment of travel, meal, and lodging expenses
if the honorarium, expenses, or both were paid in
recognition of demonstrable business, professional, or esthetic
interests of the public official or employee that exist apart
from public office or employment, including, but not limited
to, such a demonstrable interest in public speaking and were not
paid by any person or other entity, or by any representative or
association of those persons or entities, that is regulated by,
doing business with, or seeking to do business with the
department, division, institution, board, commission, authority,
bureau, or other instrumentality of the governmental entity with
which the public official or employee serves. (I) A public official or employee may accept travel,
meals, and lodging or expenses or reimbursement of expenses for
travel, meals, and lodging in connection with conferences,
seminars, and similar events related to official duties if
the travel, meals, and lodging, expenses, or reimbursement is not
of such a character as to manifest a substantial and improper
influence upon the public official or employee with respect to
that person's duties. The house of
representatives and senate, in their code of ethics, and the Ohio
ethics commission, under section 111.15 of the Revised Code, may
adopt rules setting standards and conditions for the furnishing
and acceptance of such travel, meals, and lodging, expenses, or
reimbursement. A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers
and employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code. (J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to
that person's duties. As used in this
division, "organization" means a church or a religious,
benevolent, fraternal, or professional organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3), (4), (8), (10), or (19) of the "Internal Revenue Code
of 1986." This division does not apply to a public official or
employee who is an employee of an organization, serves as a
trustee, director, or officer of an organization, or otherwise
holds a fiduciary relationship with an organization. This
division does not allow a public official or employee who is a
member of an organization to participate, formally or informally,
in deliberations, discussions, or voting on a matter or to use
his official position with regard to the interests of the
organization on the matter if the public official or employee has
assumed a particular
responsibility in the organization with respect to the matter or
if the matter would affect that person's personal, pecuniary
interests. (K) It is not a violation of this section for a
prosecuting attorney to appoint assistants and employees in
accordance with division (B) of section 309.06 and section 2921.421 of the
Revised Code, for a chief legal officer of a municipal corporation or
an official designated as prosecutor in a municipal corporation
to appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to appoint
assistants and
employees in accordance with sections 504.151 and 2921.421 of the Revised
Code, or for a coroner to appoint assistants and employees in
accordance with division (B) of section 313.05 of the Revised Code. As used in this division, "chief legal officer" has the
same meaning as in section 733.621 of the Revised Code. Sec. 2921.01. As used in sections 2921.01 to 2921.45 of
the Revised Code: (A) "Public official" means any elected or appointed
officer, or employee, or agent of the state or any political
subdivision, whether in a temporary or permanent capacity, and
includes, but is not limited
to, legislators, judges, and law enforcement officers. (B) "Public servant" means any of the following: (1) Any public official; (2) Any person performing ad hoc a governmental function,
including, but not limited to,
a juror, member of a temporary commission, master, arbitrator, advisor, or
consultant; (3) A person who is a candidate for public office, whether or not
the person is
elected or appointed to the office for which the person is a
candidate. A person is a
candidate for purposes of this division if the person has
been nominated according to law for election or appointment to
public office, or if the person has filed a petition or petitions as
required by law to have the person's name placed on the ballot in a
primary, general, or special election, or if the person campaigns as
a write-in candidate in any primary, general, or special election. (C) "Party official" means any person who holds an
elective or appointive post in a political party in the United
States or this state, by virtue of which the person directs,
conducts, or
participates in directing or conducting party affairs at any
level of responsibility. (D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding. (E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private facility
for custody
of persons charged with or convicted of crime in this state or another
state or under the laws of the United States or alleged
or found
to be a delinquent child or unruly child in this state or another state or
under the laws of the United States; hospitalization,
institutionalization, or confinement in any public or private facility
that
is ordered pursuant
to or under the authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for
transportation to or from any facility of any of those
natures; detention for extradition or deportation; except as provided in
this division, supervision by any employee of any facility of any of
those natures that is incidental to hospitalization, institutionalization,
or confinement in the facility but that occurs
outside the facility; or supervision by an employee of the department of
rehabilitation and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail who
participates in a county jail industry program pursuant to
section 5147.30 of the Revised Code, "detention" includes time
spent at an assigned work site and going to and from the work
site. (F) "Detention facility" means any public or private place used for
the
confinement of a person charged with or convicted of any crime in this
state or another state or under the laws of the United
States or
alleged or found to be a delinquent child or unruly child in this state or
another state or under the laws of the United States. (G) "Valuable thing or valuable benefit" includes, but is
not limited to, a contribution. This inclusion does not indicate
or imply that a contribution was not included in those terms
before September 17, 1986. (H) "Campaign committee," "contribution," "political
action committee," "legislative campaign fund," and
"political party," and "political contributing entity"
have the same meanings
as in section 3517.01 of the Revised Code. (I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code. Sec. 2921.43. (A) No public servant shall knowingly
solicit or accept and no person shall knowingly promise or give
to a public servant either of the following: (1) Any compensation, other than as allowed by divisions
(G), (H), and (I) of section 102.03 of the Revised Code or other
provisions of law, to perform his the public servant's official
duties, to perform any
other act or service in the public servant's public capacity, for
the general performance of the duties of the public servant's
public office or public employment, or as a supplement to the
public servant's public compensation; (2) Additional or greater fees or costs than are allowed
by law to perform his the public servant's official duties. (B) No public servant for his the public servant's own personal
or business use
and no person for his the person's own personal or business use
or for the
personal or business use of a public servant or party official,
shall solicit or accept anything of value in consideration of
either of the following: (1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency; (2) Preferring, or maintaining the status of, any public
employee with respect to his compensation, duties, placement,
location, promotion, or other material aspects of his employment. (C) No person for the benefit of a political party,
campaign committee, legislative campaign fund, or
political action committee, or political contributing entity
shall coerce
any contribution in consideration of either of the following: (1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency; (2) Preferring, or maintaining the status of, any public
employee with respect to his compensation, duties, placement,
location, promotion, or other material aspects of his employment. (D) Whoever violates this section is guilty of soliciting
improper compensation, a misdemeanor of the first degree. (E) A public servant who is convicted of a violation of
this section is disqualified from holding any public office,
employment, or position of trust in this state for a period of
seven years from the date of conviction. (F) Divisions (A), (B), and (C) of this section do not
prohibit a person from making voluntary contributions
to a
political party, campaign committee, legislative campaign fund, or
political
action
committee, or political contributing entity or prohibit a
political party, campaign committee,
legislative campaign fund, or
political action committee, or political contributing entity
from accepting voluntary
contributions. Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members of party controlling committees shall have their names
printed on the official primary ballot by filing a declaration of
candidacy and paying the fees specified for the
office under divisions (A) and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the fees specified for the joint candidates under
divisions (A) and (B) of section 3513.10 of the Revised Code. The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party nomination to the office of governor or lieutenant governor
who has already been shown as a candidate for party nomination to
the office of governor or lieutenant governor on a declaration of
candidacy previously filed and accepted for the same primary
election. No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who is a first choice for president of candidates seeking
election as delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of the
electors as provided in this chapter shall be permitted to become a candidate
by nominating petition or by declaration of intent to be a write-in
candidate at the following general election for any office by
nominating petition or by
declaration of intent to be a write-in candidate
OTHER THAN THE OFFICE OF MEMBER OF
THE STATE BOARD OF EDUCATION, OFFICE OF MEMBER OF A CITY, LOCAL, OR EXEMPTED
VILLAGE BOARD OF EDUCATION, OFFICE OF MEMBER OF A GOVERNING BOARD OF AN
EDUCATIONAL SERVICE CENTER, OR OFFICE OF TOWNSHIP TRUSTEE. 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 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, political
contributing entity, 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,
a political contributing entity, 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,
or political contributing entity 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, or
entity. 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, 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, political contributing entity,
separate segregated
fund, association, or any other organization or group of persons,
but not a labor organization or a corporation unless the labor organization
or corporation is a political contributing entity. (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. (21) "Political contributing entity"
means any entity, including a corporation or labor organization,
that may lawfully make contributions and expenditures and that
is not an individual or a political action committee, continuing
association, campaign committee, political party, legislative
campaign fund, designated state campaign committee, or state
candidate fund. For purposes of division (B)(21) of this section,
"lawfully" means not prohibited by any section Of the Revised Code, or authorized
by a final judgment of
a court of competent jurisdiction. Sec. 3517.08. (A) The personal expenses of a candidate
paid for by the candidate, from 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 or a political contributing entity shall not be considered a
contribution by the
political action committee or the political contributing entity 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, political
contributing entity, 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, political
contributing entity'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 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) The net contribution of
each 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 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. 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. 3517.09. (A) No person or committee shall solicit, ask,
invite, or demand, directly or indirectly, orally or in writing,
a contribution, subscription, or payment from a
candidate for
nomination or election or from the campaign committee of that
candidate, and no person shall solicit, ask,
invite, or demand that a candidate for nomination or election or the campaign
committee of that candidate subscribe to the
support of a club or organization, buy tickets to an
entertainment, ball, supper, or other meeting, or pay for space in
a book, program, or publication. This division does not apply to any of the
following: (1) Regular advertisements in periodicals having an established circulation; (2) Regular payments to civic, political, fraternal, social, charitable, or
religious organizations of which the candidate was a member or contributor six
months before his the candidate's candidacy; (3) Regular party assessments made by a party against its own
candidates. (B) No person shall coerce, intimidate, or cause harm to another
person by an act or failure to act, or shall threaten to coerce,
intimidate,
or cause harm to another person, because that other person makes
or does not
make a contribution to a candidate, campaign committee, political
party, legislative campaign fund, or political action committee,
or political contributing entity. (C) An employer or labor organization that, directly
or through another person, solicits an employee of the employer
or a member of the labor organization for a contribution to a
candidate, campaign committee, political
action committee, legislative campaign fund, or political party,
or political contributing entity shall inform the employee or member at
the time of the
solicitation that making a contribution is voluntary and that a
decision of the employee or member to make a contribution or not
to make a contribution will not benefit the employee or member or
place the employee or member at a disadvantage with respect to
his employment by the employer or his membership in the labor
organization. Sec. 3517.092. (A) As used in this section: (1) "Appointing authority" has the same
meaning as in section 124.01 of the Revised
Code. (2) "State elected officer" means any person
appointed or elected to a state elective office. (3) "State elective office" means any of 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, and justice and chief justice of the
supreme court. (4) "County elected officer" means any person
appointed or elected to a county elective office. (5) "County elective office" means any of the
offices of county auditor, county treasurer, clerk of the court
of common pleas, sheriff, county recorder, county engineer,
county commissioner, prosecuting attorney, and coroner. (6) "Contribution" includes a contribution to any political party, campaign
committee, political action committee, political contributing
entity, or legislative campaign fund. (B) No state elected officer, no campaign
committee of such an officer, and no other person or entity shall
knowingly solicit or accept a contribution
on behalf of that officer or that officer's campaign committee from any
of the following: (1) A state employee whose appointing authority is the
state elected officer; (2) A state employee whose appointing authority is
authorized or required by law to be appointed by the state
elected officer; (3) A state employee who functions in or is employed in
or by the same public agency, department, division, or office as
the state elected officer. (C) No candidate for a state elective office, no campaign
committee of such a candidate, and no
other person or entity shall knowingly solicit or
accept a contribution on behalf of that candidate or that candidate's
campaign committee from any of the following: (1) A state employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected; (2) A state employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law; (3) A state employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected. (D) No county elected officer, no campaign
committee of such an officer, and no other person or entity
shall knowingly solicit a contribution on
behalf of that officer or that officer's campaign committee from any of
the following: (1) A county employee whose appointing authority is the
county elected officer; (2) A county employee whose appointing authority is
authorized or required by law to be appointed by the county
elected officer; (3) A county employee who functions in or is employed
in or by the same public agency, department, division, or office
as the county elected officer. (E) No candidate for a county elective office, no campaign committee of such
a candidate,
and no other person or entity shall knowingly solicit a contribution on behalf
of that candidate or that candidate's campaign
committee from any of the following: (1) A county employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected; (2) A county employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law; (3) A county employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected. (F)(1) No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's
official duties or in those areas of a
public building where official business is transacted or conducted. (2) No person shall solicit a contribution from any public employee while the
public employee is performing the public employee's official
duties or is in those areas of a
public building where official business is
transacted or conducted. (3) As used in division (F) of this section, "public employee" does not
include any person holding an elective office. (G) The prohibitions in divisions (B),
(C), (D), (E), and (F) of this section are
in addition to the prohibitions in sections 124.57, 1553.09, 3304.22, and
4503.032 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, and political
contributing entity
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, or political contributing
entity 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, or political contributing entity 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, or political
contributing entity. 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, or political
contributing entity 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, or political
contributing entity 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 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, or political contributing
entity, including any
treasurer of the committee, fund, or party, or entity,
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, or political contributing entity
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, or political contributing entity
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, or political contributing entity 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, or political contributing entity 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, or
political contributing entity
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, or political contributing entity. That designation shall
be filed with
the official with whom the campaign committee,
political action committee, legislative campaign fund, or
political party, or political contributing entity 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, or political contributing entity
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, or political contributing entity 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, or political contributing entity 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 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) Notwithstanding division
(B)(4) of this
section, a political contributing entity that receives
contributions from the dues, membership fees, or other assessments of its
members or from its officers,
shareholders, and employees may report the aggregate amount of
contributions received from those contributors and the number of
individuals making those contributions, for each filing period
identified under divisions (A)(1), (2), and
(3) of this section. Division
(B)(4) of this section applies
to a political contributing entity with regard to contributions
it receives from all other contributors. (M) 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
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; (g) Five thousand dollars to any one political
contributing entity 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 or to a political contributing entity 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 or to a political contributing entity
affiliated with it. For purposes of division
(B)(2)(f) of this section, a political action committee is
affiliated with
another political action committee or with a political contributing
entity if they are both established, financed,
maintained, or controlled by, or if they are, 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; (e) two thousand five hundred dollars to any one
political contributing entity 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 or to any one political contributing entity 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. (7) Subject to
division (D)(1) of this
section, no political contributing entity 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 contributing entity or to a
political action committee in a calendar year. Division
(B)(7)(f)
of this section does not apply to a political contributing
entity that makes a contribution to a political contributing
entity or to a political action committee affiliated with it. For
purposes of division
(B)(7)(f)
of this section, a political contributing entity is
affiliated with another political contributing entity or with a
political action committee if they are both established,
financed, maintained, or controlled by, or if they are, 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. (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, from any one political contributing
entity, 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 political contributing
entity, 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 political contributing entity,
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, from any one political contributing entity, 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, from any one political
contributing entity, 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, from any one political contributing entity, 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 and no political contributing
entity 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 or from a political contributing entity in a calendar
year. Subject to division (D)(1) of this section, no political
contributing entity shall accept a contribution or contributions
aggregating more than two thousand five hundred dollars from
another political contributing entity or from a political action
committee in a calendar year. Division (C)(7)(b)
of this section does not apply to a political action committee or political
contributing entity that accepts a
contribution from a political action committee or political contributing
entity affiliated with it. For
purposes of division (C)(7)(b) of this section, a political action
committee is affiliated with another political action committee or
political contributing entity 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)(a) 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. (b) For
purposes of the limitations PRESCRIBED in division (B)(7) 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 contributing entities that
are established, financed, maintained, or controlled by, or that are, 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 contributing entity. (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, or political
contributing entity. As used in divisions
(B)(1)(g),
(B)(3)(e), (B)(4), and (C)(7)
of this section, "political contributing entity" does not
include a political contributing entity 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, political action committee, or political
contributing entity. (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. 3517.105. (A)(1) As used in this section,
"public political advertising" means advertising to the
general public through a broadcasting station, newspaper,
magazine, poster, yard sign, or outdoor advertising facility, by
direct mail, or by any other means of advertising to the general
public. (2) For purposes of this section and section 3517.20
of the Revised Code, a
person is a member of a political action
committee if the person makes one or
more contributions to that political action committee, and a person
is a member of a political contributing entity if the person makes one or more
contributions to, or pays dues, membership fees, or other assessments to, that
political
contributing entity. (B)(1) Whenever a candidate, a campaign committee, a
political action committee or political contributing entity with ten or
more members, or a
legislative
campaign fund makes an independent
expenditure, or whenever a political action committee or political
contributing entity with fewer
than ten members makes an independent expenditure in excess of one hundred
dollars for a local candidate, in excess of two hundred fifty dollars for a
candidate for the office of member of the general assembly, or in excess of
five hundred dollars for a statewide candidate, for the purpose of
financing communications advocating the election or
defeat of an identified candidate or
solicits
without the
candidate's express consent a contribution for or against an
identified candidate through public political
advertising, a statement shall appear or be presented in a clear
and conspicuous manner in the advertising that does both of the
following: (a) Clearly indicates that the
communication or
public political advertising is not authorized by the candidate
or the candidate's campaign committee; (b) Clearly identifies the candidate, campaign
committee, political action committee, political contributing
entity, or
legislative campaign fund that has paid for the communication or public
political advertising in accordance with section
3517.20
of the Revised Code. (2)(a) Whenever any campaign committee, legislative
campaign fund, political action committee, political contributing
entity, or political
party makes an independent expenditure in support of or
opposition to any candidate, the committee,
entity, fund,
or party shall
report
the independent expenditure and identify the candidate on a
statement prescribed by the secretary of state and filed by the
committee, entity, fund, or political party as part of its
statement of contributions
and expenditures pursuant to division
(A) of
section 3517.10 and division (A) of section 3517.11 of
the Revised Code. (b) Whenever any individual, partnership, or
other entity, except a corporation, labor organization, campaign
committee, legislative campaign fund, political action committee,
political contributing entity,
or political party, makes one or more independent expenditures in
support of or opposition to any candidate,
the
individual,
partnership, or other entity shall file with the secretary of
state in the case of a statewide candidate, or with the board of elections
in the county in which the candidate files the candidate's petitions for
nomination or election for district or local office,
not later than the dates specified in divisions
(A)(1), (2), and (3) of section 3517.10 of the
Revised Code, and, except as otherwise provided in that section,
a statement itemizing all
independent expenditures made during the period since the close
of business on the last day reflected in the last previously
filed such statement, if any. The statement shall be made on a
form prescribed by the secretary of state, shall indicate the
date and the amount of each independent expenditure and the
candidate on whose behalf it was made, and
shall
be made under
penalty of election falsification. (C)(1) Whenever a corporation, labor organization, campaign
committee, political action committee with ten or more members, or legislative
campaign fund makes an independent expenditure, or whenever a political action
committee with fewer than ten members makes an independent expenditure in
excess of one hundred dollars for a local ballot issue or question, or in
excess of five hundred dollars for a statewide ballot issue or question, for
the purpose of financing communications advocating support of or opposition to
an identified ballot issue or question or solicits without the express consent
of the ballot issue committee a contribution for or against an identified
ballot issue or question through public political advertising, a statement
shall appear or be presented in a clear and conspicuous manner in the
advertising that does both of the following: (a) Clearly indicates that the communication or public political
advertising is not authorized by the identified ballot issue committee; (b) Clearly identifies the corporation, labor organization,
campaign committee, legislative campaign fund, or political action committee
that has paid for the communication or public political advertising in
accordance with section 3517.20 of the Revised Code. (2)(a) Whenever any corporation, labor organization, campaign
committee, legislative campaign fund, political party, or political action
committee makes an independent expenditure in support of or opposition to any
ballot issue or question, the corporation or labor organization shall report
the independent expenditure in accordance with division (C) of
section 3599.03 of the Revised Code, and the campaign committee, fund, party,
or political
action committee shall report the independent expenditure and identify the
ballot issue or question on a statement prescribed by the secretary of state
and filed by the campaign committee, fund, political party, or political
action committee as part of its statement of contributions and expenditures
pursuant to division (A) of section 3517.10 and division (A)
of section 3517.11 of the Revised Code. (b) Whenever any individual, partnership, or other entity, except
a corporation, labor organization, campaign committee, legislative campaign
fund,
political action committee, or political party, makes one or more independent
expenditures in excess of one hundred dollars in support of or opposition to
any ballot issue or question, the individual, partnership, or other entity
shall file with the secretary of state in the case of a statewide ballot
issue or question, or with the board of elections in the county that
certifies the issue or question for placement on the ballot in the case of a
district or local issue or question, not later than the dates specified in
division (A)(1), (2), and (3) of section 3517.10 of the Revised Code, and,
except as
otherwise provided in that section, a statement itemizing all independent
expenditures made during the period since the close of business on the last
day
reflected in the last previously filed such statement, if any. The statement
shall be made on a form prescribed by the secretary of state, shall indicate
the date and the amount of each independent expenditure and the ballot issue
or question in support of or opposition to which it was made, and shall be
made under penalty of election falsification. (3) No person, campaign committee, legislative campaign
fund, political action committee, corporation, labor organization,
or other organization or association shall use
or cause to be used a false or fictitious name in making an
independent expenditure in support of or opposition to any
candidate or any ballot issue or question. A name is false or fictitious if
the person, campaign committee,
legislative campaign fund, political action committee,
corporation, labor organization, or other organization or association does
not actually exist or operate, if the corporation, labor organization, or
other organization or association has failed to file a fictitious name or
other registration with the secretary of state, if it is required to do
so, or
if the person, campaign committee, legislative campaign fund,
or political action committee has failed to
file a designation of the appointment of a
treasurer, if it is required to do so by division
(D)(1) of section 3517.10 of the Revised
Code. Sec. 3517.106. (A) The secretary of state
shall store on computer the information contained in statements
of contributions and expenditures and monthly statements required
to be filed under section 3517.10 of the Revised
Code by any of the following: (1) The campaign committees of candidates for statewide
office; (2) The political action committees and political contributing
entities described in
division (A)(1) of section 3517.11 of the
Revised
Code; (3) Legislative campaign funds; (4) State political parties; (5) The campaign committees of candidates for the office of member of the
general assembly. (B)(1) The secretary of state shall make
available to the campaign committees, political action
committees, political contributing entities, legislative
campaign funds, and political parties
described in division (A) of this section, and to
members of the news
media and other interested persons, for a reasonable fee,
computer programs compatible with his the secretary of state's
method of storing the information contained in the statements. (2) The secretary of state shall make the information
required to be stored under division (A) of this section
available on computer at his the secretary of state's office so
that, to the maximum extent feasible, individuals may obtain at his
the secretary of state's office any part or all of that information for
any given year, subject to the limitation expressed in division (C) of this
section. (C) The secretary of state shall keep the information stored on computer
under division (A) of this section for at least six years. Sec. 3517.108. (A) As used in divisions (A) and (B) of 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, member of the general
assembly, chief justice of the supreme court, and justice of the supreme
court. (2) A "general election period" begins on the day after the primary election
immediately preceding the general election at which a 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. (3) A "primary election period" begins on the first day of January of the
year following the year in which the general election was held for the office
that the candidate seeks, including any mid-term election, and ends on the day
of the primary election. (B) Whenever the campaign committee of a candidate
has unpaid debt at the end of a primary election period or at
the end of a general election period, the committee may accept
additional contributions during the immediately following
election period up to the applicable limitation prescribed under
section 3517.102 of the Revised Code from any individual,
political action committee, political contributing entity, or
other campaign committee who,
during the primary or general election period for which debt
remains unpaid, has contributed less than the contribution
limitations prescribed under section 3517.102 of the
Revised Code applicable to that individual, political action committee,
political contributing entity, or
other campaign
committee. Any additional contribution that a campaign committee accepts
under this division shall count toward the applicable limitations prescribed
under section 3517.102 of the Revised Code for that primary or general
election period at the end of which the debt remains
unpaid, and shall not count toward the applicable limitations for any other
primary or general election period if all of the following conditions apply: (1) The campaign committee reports, on the statement
required to be filed under division (A)(2) of section 3517.10 of the Revised
Code, all debt remaining unpaid
at the end of the election period. The committee shall also file a separate
statement, on a form prescribed by the secretary of state, at the same time
that the committee is required to file a statement of contributions and
expenditures under section 3517.10 of the Revised Code. The separate
statement shall include the name and address of each contributor who makes
an additional contribution under division (B) of this section, how the
contribution was applied to pay the unpaid debt as required by division (B)(3)
of this section, and the balance of the unpaid debt after each contribution
was applied to it. (2) The additional contributions are accepted only during
the primary or general election period, whichever is applicable,
immediately following the election period covered in the
statement filed under division (B)(1) of this section. (3) All additional contributions made under division
(B) of this section are used by the campaign committee that receives them only
to pay the debt of the committee reported under division (B)(1) of this
section. (4) The campaign committee maintains a separate account
for all additional contributions made under division (B) of this section, and
uses moneys in that account only to pay the unpaid debt reported
under division (B)(1) of this section and to administer the account. (5) The campaign committee stops accepting additional
contributions after funds sufficient to repay the unpaid debt reported under
division (B)(1) of this section have been raised and promptly disposes of any
contributions received that exceed the amount of the unpaid debt by returning
the excess contributions to the contributors or by giving the excess
contributions to an organization that is exempt from federal income taxation
under subsection 501(a) and described in subsection 501(c)(3), (4), (8), (10),
or (19) of the Internal Revenue Code. 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), or (7) 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), or (7) 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. 3517.11. (A)(1) Campaign committees of candidates
for statewide offices or the state board of education, political
action committees or political contributing entities 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 or political contributing entities that
make contributions to campaign
committees of candidates for member of the general assembly,
political action committees or political contributing entities that
make contributions to state and
national political parties and to legislative campaign
funds, political action committees or political contributing entities
that
receive contributions or make expenditures in connection with a
statewide ballot issue, political action committees or political
contributing entities that make
contributions to other political action committees or political
contributing entities, 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 or political contributing entities
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 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, an annual statement
prescribed by section 3517.101, or a statement
prescribed by
division (B)(2)(b) or (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
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. (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, or political contributing
entity 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, 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
for personal 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 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, political contributing entity, legislative campaign
fund, campaign committee,
or other candidate; (c) Participating in the activities of a political party,
political action committee, political contributing entity,
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,
political contributing entity, legislative campaign fund, or
campaign
committee other than the candidate's or public
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,
political contributing entity, 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, political contributing entity,
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,
political contributing entity,
legislative campaign fund, or such campaign committee for
any legitimate activity of the
political party, political action committee, political contributing
entity, 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,
political contributing entity,
legislative campaign fund, or campaign
committee other than the candidate's or public
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election,
except for
contributions to the candidate's or public 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. 3517.152. (A)(1) There is hereby created
the Ohio elections commission consisting of seven members. Not later than forty-five days after the effective date of this section,
the
speaker of the house of representatives and the leader in the senate of the
political party of which the speaker is a member shall jointly submit to the
governor a list of five persons who are affiliated with that political party.
Not later than forty-five days after the effective date of this section, the
two legislative leaders in the two houses of the general assembly of the major
political party of which the speaker is not a member shall jointly submit to
the governor a list of five persons who are affiliated with the major
political
party of which the speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons from each list
to
the commission. The governor shall appoint one person from each list to a
term
that ends on December 31, 1996, one person from each list to a term
that ends on December 31, 1997, and one person from each list to a
term that ends on December 31, 1998. Not later than thirty days after the governor appoints these six members
they shall, by a majority vote, appoint to the commission a seventh member,
who shall not be affiliated with a political party. If the six members fail
to appoint the seventh member within this thirty-day period, the chief justice
of the supreme court, not later than thirty days after the end of the period
during which the six members were required to appoint a member, shall appoint
the seventh member, who shall not be affiliated with a political party. The
seventh member shall be appointed to a term that ends on December 31,
2001. Terms of the initial members appointed under division (A)(1)
of this section begin on January 1, 1996. (2) If a vacancy occurs in the position of the seventh member, who is not
affiliated with a political party, the six remaining members by a majority
vote shall appoint, not later than fifteen days after the date of the vacancy,
the seventh member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh member within
this fifteen-day period, the chief justice of the supreme court, within
fifteen days after the end of this period, shall appoint the seventh member,
who shall not be affiliated with a political party. If a vacancy occurs in
any of the other six positions on the commission, the legislative leaders of
the political party from whose list of persons the member being replaced was
appointed shall submit to the governor, not later than thirty days after the
date of the vacancy, a list of three persons who are affiliated with that
political party. Not later than fifteen days after receiving the list, the
governor shall appoint one person from the list to the commission. (3) At no time shall more than six members of the
commission be affiliated with a political party and, of these six
members, not more than three shall be affiliated with the same
political party. (4) In making appointments to the commission, the
governor shall take into consideration the various
geographic areas of this state and shall appoint members
so that those areas are represented on the
commission in a balanced manner, to the extent feasible. (5) Members of the commission
shall be registered electors and shall be of good moral
character. (B) Each member of the
commission shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed. A member
appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A
member shall continue in office subsequent to
the expiration date of the member's term until the member's successor takes
office
or until a period of sixty days has elapsed, whichever occurs
first. After the initial terms of office provided for in
division (A)(1) of this section, terms of office shall be
for five years. (C) A vacancy in the Ohio elections
commission may be caused by death, resignation, or three absences
from commission meetings in a calendar year if those
absences are caused by reasons declared invalid by a
vote of five members of the remaining members of the commission. (D) Each member of the commission while in the
performance of the business of the commission shall be entitled
to receive compensation at the rate of twenty-five thousand
dollars per year. Members shall be reimbursed for
expenses actually and necessarily incurred in the performance of
their duties. (E) No member of the
commission shall serve more than one full term unless the terms
served are served nonconsecutively. (F)(1) No member of the
commission shall do or be any of the following: (a) Hold, or be a candidate for, a public
office; (b) Serve on a committee supporting or opposing
a candidate or ballot question or issue; (c) Be an officer of the state central
committee or of the executive committee of the state central
committee of a political party; (d) Be a legislative agent as defined in
section 101.70 of the Revised Code or an
executive agency lobbyist as defined in section 121.60 of the
Revised Code; (e) Solicit or be involved in soliciting
contributions on behalf of a candidate, campaign committee,
political party, or political action committee, or political
contributing entity; (f) Be in the unclassified service under
section 124.11 of the Revised Code; (g) Be a person or employee described in
divisions (C)(1) to (15) of section 4117.01 of the
Revised Code. (2) No member or employee of the
commission shall make a contribution to, or for the benefit of,
a campaign committee or committee in support of or opposition
to a ballot question or issue, a political party, a legislative campaign fund,
or a
political action committee, or a political contributing entity. (G)(1) The members of the commission shall elect a
chairman chairperson and a vice-chairman
vice-chairperson. At no time shall the chairman
chairperson and vice-chairman vice-chairperson be
affiliated with the same political party. The chairman
chairperson shall serve as chairman in that capacity for
one year and shall not serve as chairman chairperson more than
twice during his a term as a member of the commission. No two
successive chairmen chairpersons shall be affiliated with the
same political party. (2) The commission shall meet at the call of the chairman
chairperson or upon the written request of a majority of the members.
The meetings and hearings of the commission or a panel of
the commission under sections 3517.153 to 3517.157 of the Revised Code are
subject to section 121.22 of the Revised Code. (3) The commission shall adopt rules for its procedures
in accordance with Chapter 119. of the Revised
Code. Five of the seven members constitute a quorum.
Except as otherwise provided in this section and in sections
3517.154 to 3517.157 of the Revised Code, no
action shall be taken without the concurrence of a majority of
the members. (H)(1) The commission shall employ the
technical, professional, and clerical employees that are necessary
for it to carry out its duties. (2)(a) Notwithstanding section 109.02
of the Revised Code, the commission shall
employ a full-time
attorney, and, as needed, one or more investigatory attorneys to conduct
investigations
for the commission or a panel of the commission. The
commission may employ or contract for the services of
additional attorneys, as needed. The full-time attorney shall do
all of the following: (i) Serve as the commission's attorney in
regard to all legal matters, including representing the
commission at appeals from a final determination of the
commission, except that the full-time attorney shall not perform
the duties that an investigatory attorney is required or
requested to perform or that another attorney the commission
employs or contracts with for services is required or requested
to perform, and shall not represent the commission in any legal proceeding in
which the commission is a named party; (ii) At the request of the commission or a
panel of the commission, be present at a hearing held under
sections 3517.154 to 3517.156 of the Revised Code
to rule on the admissibility of evidence and to advise on the
conduct of procedure; (iii) Perform other duties as required by
rule of the commission. (b) An attorney employed by or under contract
with the commission shall be licensed to practice law in this
state. (3)(a) Except as otherwise provided in division
(H)(3)(b) of this section, at least five members of
the commission shall agree on the employment of a person, a
majority of the members shall agree on the discharge of an
employee, and a person employed by the commission shall serve
at the pleasure of the commission. (b) At least five of the seven members shall agree on the
discharge
of an investigatory attorney. 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, or a political contributing entity, 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. 3517.20. (A)(1) As used in division (A) of this section: (a) "Political publication for or
against a candidate" means a notice, placard, advertisement,
sample ballot, brochure, flyer, direct mailer, or any other form
of general publication that is designed to promote the
nomination, election, or defeat of a candidate. (b) "Political publication for or
against an issue" means a notice, placard, advertisement, sample
ballot, brochure, flyer, direct mailer, or any other form of
general publication that is designed to promote the adoption or
defeat of a ballot issue or question or to influence the voters
in an election. (c) "Public political advertising"
means newspapers, magazines, outdoor advertising facilities,
direct mailings, or other similar types of general public
political advertising, or flyers, handbills, or other
nonperiodical printed matter. (d) "Statewide candidate" has the same meaning as in section
3517.102 of the Revised Code. (e) "Legislative candidate" means a
candidate for the office of member of the general assembly. (f) "Local candidate" means a
candidate for an elective office of a political subdivision of
this state. (g) "Legislative campaign fund" has the same meaning as in
section 3517.01 of the Revised Code. (h) "Limited political action committee" means a
political action committee of fewer than ten members. (i) "Limited political contributing entity" means a political
contributing entity of fewer than ten members. (j) "Designated amount" means one hundred dollars in the
case of a local candidate or a local ballot issue, two hundred
fifty dollars in the case of a legislative candidate, or five
hundred dollars in the case of a statewide candidate or a
statewide ballot issue. (j)(k) "To issue" includes to print, post, distribute,
reproduce for distribution, or cause to be issued, printed,
posted, distributed, or reproduced for distribution.
(2) No candidate, campaign committee, legislative
campaign fund, political party, or other entity, except a political action
committee or political contributing entity, shall issue a form of
political publication
that,, for or
against a candidate, an an or shall make an expenditure
for the purpose of financing political communications in support of or
opposition to a candidate through public political advertising, unless the
name and residence or business address of the
candidate or the chairperson, treasurer, or secretary of the
campaign committee, legislative campaign fund, political party,
or other entity that
issues or otherwise is responsible for that political publication or
that makes an expenditure for that political communication
appears in a conspicuous place on the that political
publication
or is contained within the political communication publication or political
communication for the publication or political communication that
political communication. (3) No limited political action committee or limited political
contributing entity shall do
either of the following unless the name and residence or
business address of the chairperson, treasurer, or secretary of
the limited political action committee or limited political contributing
entity involved appears in a
conspicuous place in the political publication for or against a
candidate described in division (A)(3)(a) of this
section or is contained within the political communication
described in division (A)(3)(b) of this section: (a) Issue a form of political publication for or against
a candidate that costs in excess of the designated amount or
that is issued in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, a campaign
committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, a political
contributing entity with ten or more members, or a
limited political action committee or limited political contributing
entity that spends in excess of the
designated amount on a related or the same or similar political
publication for or against a candidate; (b) Make an expenditure in excess of the designated
amount in support of or opposition to a candidate or make an
expenditure in cooperation, consultation, or concert with, or at
the request or suggestion of, a candidate, a campaign committee,
a legislative campaign fund, a political party, a political
action committee with ten or more members, a political contributing entity
with ten or more members, or a limited
political action committee or limited political contributing entity
that spends in excess of the
designated amount in support of or opposition to the same
candidate, for the purpose of financing political communications
in support of or opposition to that candidate through public
political advertising. (4) No political action committee with ten or more
members and no political contributing entity with ten or more members
shall issue a form of political
publication for or against a candidate, or shall make an
expenditure for the purpose of financing political
communications in support of or opposition to a candidate
through public political advertising, unless the name and
residence or business address of the chairperson, treasurer, or
secretary of the political action committee or political contributing
entity that issues or otherwise
is responsible for that political publication or that makes an
expenditure for that political communication through public
political advertising appears in a conspicuous place in that
political publication or is contained within that political
communication. (5) No corporation, labor organization, campaign
committee, legislative campaign fund, political party, or other
entity, except a political action committee, shall issue a form of political
publication for or against an
issue, or shall make an expenditure for the purpose of financing
political communications in support of or opposition to a ballot
issue or question through public political advertising, unless
the name and residence or business address of the chairperson,
treasurer, or secretary of the corporation, labor organization,
campaign committee, legislative campaign fund, political party,
or other entity that
issues or otherwise is responsible for that political publication or
that makes an expenditure for that political communication
through public political advertising appears in a conspicuous
place in that political publication or is contained within that
political communication. (6) No limited political action committee shall do either of
the following unless the name and residence or business address
of the chairperson, treasurer, or secretary of the limited
political action committee involved appears in a conspicuous
place in the political publication for or against a ballot issue
described in division (A)(6)(a) of this section or
is contained within the political communication described in
division (A)(6)(b) of this section: (a) Issue a form of political publication for or against
a ballot issue that costs in excess of the designated amount or
that is issued in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, a campaign
committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, or a
limited political action committee that spends in excess of the designated
amount for a related or the same or similar political
publication for or against an issue; (b) Make an expenditure in excess of the designated
amount in support of or opposition to a ballot issue or make an
expenditure in cooperation, consultation, or concert with, or at
the request or suggestion of, a candidate, a campaign committee,
a legislative campaign fund, a political party, a political
action committee with ten or more members, or a limited
political action committee that spends in excess of the
designated amount in support of or opposition to the same ballot
issue, for the purpose of financing political communications in
support of or opposition to that ballot issue through public
political advertising. (7) No political action committee with ten or more
members shall issue a form of political
publication for or against an issue, or shall make an
expenditure for the purpose of financing political
communications in support of or opposition to a ballot issue or
question through public political advertising, unless the name
and residence or business address of the chairperson, treasurer, or
secretary of the political action committee that issues or otherwise is
responsible for that political publication or that makes an
expenditure for that political communication appears in a
conspicuous place in that political publication or is contained
within that political communication. (8) The disclaimer "paid political advertisement" is not
sufficient to
meet the requirements of this section. (9) If the political publication described in division
(A) of this section is
issued by the regularly constituted central or executive
committee of a political party that is organized as provided in
Chapter
3517. of the Revised Code, it shall be sufficiently identified if
it bears the name of the committee and its chairperson or
treasurer. If more than one piece of printed matter or printed political
communications is mailed
as a single packet, the requirements of this division are met if one of the
pieces of printed matter or printed political communications in the packet
contains the name and residence or business address of the chairman,
treasurer, or secretary of the organization that issues the printed matter or
other printed political communications or of the person who issues, makes, or
is responsible for the printed matter or political communications. (10) If more than one piece of printed matter or printed
political communications are mailed as a single packet, the requirements of
division (A) of this section are met if one of the pieces of printed
matter or printed political communications in the packet contains the name and
residence or business address of the chairperson, treasurer, or secretary of
the organization or entity that issues or is responsible for the printed
matter or other printed political communications. (11) This section does not apply to the transmittal of personal
correspondence that is not reproduced by machine for general
distribution. (12) The secretary of state, by rule, may exempt from the
requirements of this section, printed matter and certain other
kinds of printed communications such as campaign buttons,
balloons, pencils, or similar items, the size or nature of which
makes it unreasonable to add an identification or disclaimer. (13) The disclaimer or identification described in division
(A) of this section, when paid for by a campaign
committee, shall be identified by the words "paid for by"
followed by the name and address of the campaign committee and
the appropriate officer of the committee, identified by name and
title. The identification or disclaimer may use reasonable abbreviations
for common terms such as "treasurer" or "committee". (B)(1) No person
candidate, campaign committee, legislative campaign fund,
political party, political action committee, limited political
action committee, political contributing entity, limited
political contributing entity, or other entity
shall utter or cause to be uttered, over the
broadcasting facilities of any radio or television station within
this state, any communication that is designed to promote the
nomination, election, or defeat of a candidate, or the
adoption
or defeat of an issue or to influence the voters in an
election, unless the speaker identifies or herself the speaker with
or her the speaker's name and residence address or unless the
communication identifies the chairperson, treasurer, or secretary of the
organization responsible for the communication with the name and residence or
business address of that officer, except that communications by radio need not
broadcast the residence or business address of the officer. However, a radio
station, for a period of at least six months, shall keep the residence or
business address on file and divulge it to any person upon request. No person operating a broadcast station or an organ of
printed media shall broadcast or print a paid political
communication that does not contain the identification required
by this section. (2) Division (B) of this section does not apply to any
communications made on behalf of a radio or television station or
network by any employee of such radio or television station or
network while acting in the course of the employee's employment. (3) No person candidate or entity described in division
(B)(1) of this section shall use or cause
to be used a false,
fictitious, or fraudulent name or address in the making or
issuing of a publication or communication included within the
provisions of this section. (C) Before a prosecution may commence under this section, a complaint shall
be filed with the Ohio elections commission under section 3517.153 of the
Revised Code. After the complaint is filed, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code. Sec. 3517.23. The secretary of state shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary for the administration and
enforcement of sections 3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22,
3599.03, and 3599.031 of the Revised Code and shall provide
each
candidate, political action committee, legislative campaign fund, and
political party, and political contributing entity with written
instructions and explanations in order to ensure compliance with sections
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 of the Revised Code. 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) ANY POLITICAL CONTRIBUTING ENTITY THAT VIOLATES DIVISION
(b)(7) 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. (6) Notwithstanding divisions (J)(1), (2), (3), and
(4), and (5) 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)(I)(1), (2), (3), or (4), or
(5) 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 or political contributing entity
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)(J)(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)(J)(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 2 . That existing sections 102.03, 2921.01, 2921.43, 3513.04,
3517.01, 3517.08, 3517.09, 3517.092,
3517.10, 3517.102, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13,
3517.152,
3517.155, 3517.20, 3517.23, and 3517.992
of the Revised Code are hereby
repealed.
SECTION 3 . That the versions of sections 3517.10, 3517.102,
3517.155, and 3517.992 of the Revised Code that take effect on
January 1, 2000, 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, and political
contributing entity 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, or political contributing
entity
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, or political contributing entity 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, or political
contributing entity. 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, or political
contributing entity 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, or political
contributing entity 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.
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.
The two-business-day statement 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. 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, or political contributing
entity, including any treasurer of the committee, fund, or
party, or entity, 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, or political contributing entity 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, or political contributing entity 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, or political contributing entity 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, or political contributing entity 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, or
political contributing entity 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, or political contributing entity. That designation shall
be filed with the official with whom the campaign committee,
political action committee, legislative campaign fund, or
political party, or political contributing entity 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, or
political contributing entity
that makes a contribution 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, or political contributing entity 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, or political contributing entity 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) Notwithstanding division
(B)(4) of this
section, a political contributing entity that receives
contributions from the dues, membership fees, or other assessments of its
members or from its officers,
shareholders, and employees may report the aggregate amount of
contributions received from those contributors and the number of
individuals making those contributions, for each filing period
identified under divisions (A)(1), (2), and
(3) of this section. Division
(B)(4) of this section applies
to a political contributing entity with regard to contributions
it receives from all other contributors. 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) "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; (g) five thousand dollars to any one political
contributing entity 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 or to a political contributing entity 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 or to a political contributing entity
affiliated with it. For purposes of division
(B)(2)(f) of this section, a political action committee is
affiliated with
another political action committee or with a political contributing
entity if they are both established, financed,
maintained, or controlled by, or if they are, 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; (e) two thousand five hundred dollars to any one
political contributing entity 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 or to any one political contributing entity 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. (7) Subject to
division (D)(1) of this
section, no political contributing entity 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 contributing entity or to a
political action committee in a calendar year. Division
(B)(7)(f)
of this section does not apply to a political contributing
entity that makes a contribution to a political contributing
entity or to a political action committee affiliated with it. For
purposes of division
(B)(7)(f)
of this section, a political contributing entity is
affiliated with another political contributing entity or with a
political action committee if they are both established,
financed, maintained, or controlled by, or if they are, 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. (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, from any one political contributing
entity, 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 political contributing
entity, 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 political contributing entity,
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, from any one political contributing entity,
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, from any one political
contributing entity, 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, from any one political contributing entity, 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 and no political contributing
entity 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 or from a political contributing entity in a calendar
year.
Subject to division (D)(1) of this section, no political
contributing entity shall accept a contribution or contributions
aggregating more than two thousand five hundred dollars from
another political contributing entity or from a political action
committee in a calendar year. Division (C)(7)(b)
of this section does not apply to a political action committee or political
contributing entity that accepts a
contribution from a political action committee or political contributing
entity affiliated with it. For
purposes of division (C)(7)(b) of this section, a political action
committee or with a political contributing entity 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)(a) 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. (b) For
purposes of the limitations prescribed in division (B)(7) 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 contributing entities that
are established, financed, maintained, or controlled by, or that are, 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 contributing entity. (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, or political
contributing entity. As used in divisions
(B)(1)(g),
(B)(3)(e), (B)(4), and (C)(7)
of this section, "political contributing entity" does not
include a political contributing entity 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, political action committee, or political
contributing entity. (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. 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. (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, or a political contributing
entity, 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 (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. 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) Any political contributing entity that violates division
(B)(7) 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. (6) Notwithstanding divisions (J)(1), (2), (3), and
(4), and (5) 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)(I)(1), (2), (3), or (4), or
(5) 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 or political contributing entity
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)(J)(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)(J)(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. SECTION 4 . That all existing versions of sections 3517.10,
3517.102, 3517.155, and 3517.992 of the Revised Code are hereby
repealed.
SECTION 5 . Sections 3 and 4 of this act shall take effect
January 1, 2000.
SECTION 6 . Section 3517.20 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 9 and Am. Sub. H.B. 99 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.
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