The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
***
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
***
|
(123rd General Assembly)(Amended Substitute House Bill Number 119)
AN ACT
To amend sections 3517.10, 3517.102, 3517.103, 3517.105, 3517.106,
3517.109, 3517.1010, 3517.11, 3517.13, 3517.151, 3517.152, 3517.154,
3517.155, 3517.156, 3517.992, and 3517.993 of the Revised Code
and to repeal Section 7 of Am. Sub. S.B. 116 of the
122nd General Assembly to provide for the electronic filing of campaign
finance statements
beginning January 1, 2001, to require the Secretary of
State to make available on the Internet contribution and
expenditure information from all statements filed electronically
or otherwise, to make changes to the Ohio Elections Commission
Law, to continue existing provisions of the Campaign Finance Law
pertaining to the use of personal funds and what funds may be
"carried into" an election, to make other changes in the Elections
Law, to repeal the versions of sections 3517.10, 3517.102, 3517.103, 3517.154,
3517.155, and 3517.992 of the Revised Code that are scheduled to take effect
January 1, 2000, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 3517.10, 3517.102, 3517.103, 3517.105, 3517.106,
3517.109, 3517.1010,
3517.11, 3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.156, 3517.992,
and 3517.993 of the Revised Code 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, 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, by electronic means of
transmission as provided in this section and section 3517.106 of the Revised Code, or, until
January 1, 2003, on computer disk as
provided in section 3517.106 of the Revised Code, 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, 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,
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, 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, 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, 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 postprimary 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 until
January 1, 2001. Subject to the secretary of state
having implemented, tested, and verified the successful
operation of any system the Secretary of State prescribes pursuant to
divisions (C)(6)(b) and (D)(6) of this
section and division (H)(1) of section 3517.106 of the Revised Code for the filing
of campaign finance statements by electronic means of transmission, on
and after January 1, 2001, a campaign committee
of a statewide candidate shall file a two-business-day
statement under the preceding paragraph
by electronic means of transmission if the
campaign committee
is required to file a preelection, postelection, or
monthly statement of contributions and expenditures by
electronic means of transmission under this section or section
3517.106 of the Revised
Code. 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, political party, or political contributing
entity, including any
treasurer of the committee, fund, 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 the following information: (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,
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, 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 the following
information: (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,
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. If a statement of
contributions and expenditures is filed by electronic means of transmission
pursuant to this
section or section 3517.106 of the Revised Code, the
electronic signature of the person who executes the statement and transmits
the statement by electronic means of transmission, as
provided in division (H) of section 3517.106 of the Revised
Code, shall be attached to or associated with the statement and shall
be binding on all persons and for all purposes under the campaign finance
reporting law as if the
signature had been handwritten in ink on a printed form. (2) The person filing the statement shall, under penalty of
election falsification, shall 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, political
party, or political contributing entity and the disposition
intended to be made of that balance. (b) The secretary of state shall prescribe the form for all statements
required to be
filed under this section shall be prescribed by the secretary of state,
and
furnished shall furnish the forms to the boards of elections in
the several counties, and the. The boards
of elections shall supply printed copies of those forms without charge. The
secretary of state may require that
shall prescribe the appropriate methodology, protocol, and data file
structure for
statements required or permitted to
be filed by electronic means of transmission under division (A) of
this section and
divisions (E), (F), and (G) of section 3517.106 of
the Revised Code and for statements permitted to be filed on
computer disk under division (F) of section 3517.106 of the
Revised Code. Subject to division (A) of this
section and divisions
(E), (F), and (G) of section 3517.106 of the
Revised
Code, the statements required to be stored on
computer by the secretary of state under divisions (A)(1) to
(4) division (B) of section 3517.106 of the Revised Code
shall be filed in whatever format
the secretary of state considers necessary so that to enable
the secretary of state may to 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. (c) The Secretary of State shall assess the need for training
regarding the filing of campaign finance statements by electronic means of
transmission and regarding associated
technologies for candidates, campaign committees, political action committees,
legislative campaign funds, political parties, political contributing
entities, or individuals, partnerships, or other entities required or
permitted to file statements by electronic means of transmission under this
section or section
3517.105 or 3517.106 of the Revised Code. If, in the opinion of the Secretary of State,
training in these areas is necessary, the Secretary of State shall arrange
for the provision of voluntary training programs for candidates, campaign
committees, political action committees, legislative campaign funds, political
parties, political contributing entities, and individuals, partnerships, and
other entities. (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, 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, 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,
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. (6) The secretary of
state, by rule adopted pursuant to section 3517.23 of the
Revised
Code, shall prescribe the
manner of immediately acknowledging, with date and time received, and
preserving the receipt of statements
that are transmitted by electronic means of transmission to the secretary of
state
pursuant to this section or section 3517.106 of the
Revised
Code and the manner of
preserving the contribution and expenditure information in those statements.
The secretary of state
shall preserve the contribution and expenditure information in those
statements for at least
ten years after the year in which they are
filed by electronic means of transmission. (7) The secretary of state, pursuant to division
(I) of section 3517.106 of the Revised Code, shall
make available online to the public through the internet the contribution and
expenditure information in
all statements, all addenda, amendments, or other corrections to statements,
and all amended statements filed with the secretary of state by electronic or
other means of transmission under this section, division
(B)(2)(b) or (C)(2)(b) of
section 3517.105, or section 3517.106 or 3517.11 of the Revised Code. The secretary of state
may remove the information from the internet after a reasonable period of
time. (E)(1) Any person, political party, campaign committee,
legislative campaign fund,
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,
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,
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. (3) "Internet" has the same meaning as in section 3517.106 of the Revised Code. (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 This division 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 this 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 this 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 This division 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 this 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 This division 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 this 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
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, 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. 3517.103. (A) For purposes of this
section: (1) "Statewide candidate" means the joint candidates for the offices of
governor and lieutenant governor or a candidate for the office of secretary
of
state, auditor of state, treasurer of state, attorney general, or member of
the state board of education. (2) "Personal funds" means contributions
to the campaign committee of a candidate by the candidate or by
the candidate's spouse, parents, children, sons-in-law, daughters-in-law,
brothers, sisters,
grandparents, mother-in-law, father-in-law, brothers-in-law,
sisters-in-law, or grandparents by marriage. (3) When a debt or other obligation incurred by a
committee or by a candidate on behalf of the candidate's committee
described in division (C)(1) or (2) of this
section is to be paid from personal funds, those funds are
considered to be expended when the debt or obligation is
incurred, regardless of when it is paid. (4) For purposes of Chapter 3517. of the Revised Code, a candidate is
an "opponent" when the candidate has
indicated on the candidate's most recently filed designation of
treasurer that the candidate seeks the same office at the same
primary or general election as another candidate whose campaign
committee has filed a personal funds notice required by division
(C)(1) or (2) of this section. (B)(1) Except as otherwise provided in division (B)(2)
of this section, no statewide candidate or candidate for the office of
member of the general assembly shall make an expenditure of
personal funds to influence the results of an election for that candidate's
nomination or election to office unless the personal funds are
first deposited into the campaign fund of that candidate's
campaign committee. (2) A statewide candidate or candidate for office of the
general assembly may make an expenditure of personal funds
without first depositing those funds into the campaign
committee's funds as long as the aggregate total of those
expenditures does not exceed five hundred dollars at any
time during an election period. After the
candidate's campaign committee reimburses the candidate for any
direct expenditure of personal funds, the amount that was
reimbursed is no longer included in the aggregate total of
expenditures of personal funds subject to the five-hundred-dollar limit. (C)(1) If the campaign committee of any
statewide candidate has received or expended or expects to expend more
than
one hundred thousand dollars of personal funds during a primary
election period or one hundred fifty thousand dollars of personal funds during
a general election period, the
campaign committee shall file a personal funds notice in the manner provided
in
division (C)(3) of this section indicating that the
committee has received or expended or expects to expend more than that
amount. For the purpose of this division (C)(1) of this
section, a joint team of candidates for governor and lieutenant
governor shall be considered a single candidate and their
personal funds shall be combined. (2) If the campaign committee of any senate candidate
or house candidate has received or expended or expects to expend more than
twenty-five thousand dollars of personal funds during a primary
election period or twenty-five thousand dollars of personal funds during a
general election period, the
campaign committee shall file a personal funds notice in the manner provided
in
division (C)(3) of this section indicating that the
committee has received or expended or expects to expend more than that
amount. (3) The personal funds notice required in divisions (C)(1)
and (2) of this section and the declaration of no limits required under
division
(D)(2) of this section shall be on a form
prescribed by the
secretary of state. The personal funds notice required in divisions
(C)(1) and (2) of this section shall be filed not later than
the earlier of the following times: (a) One hundred twenty days before a primary election, in
the case of personal funds received, expended, or expected
to be expended during a
primary election period, or not later than one hundred
twenty days before a general
election, in the case of personal funds received, expended,
or expected to
be expended during a general election period; (b) Two business days after the candidate's campaign committee
receives or makes an expenditure of personal funds or the candidate makes an
expenditure of personal funds on behalf of the candidate's campaign committee
during that election period that exceed, in the aggregate, the
amount specified in division (C)(1) or (2) of this section. The personal funds notice required under divisions (C)(1)
and (2) of this
section and the declaration of no limits required under division
(D)(2) of
this section shall be filed wherever the campaign committee files
statements of
contributions and expenditures under section 3517.11 of the
Revised Code. The board of elections
shall send to the secretary of state a copy of any personal funds
notice or
declaration of no limits filed
by the campaign committee of a senate candidate or house
candidate under division (C)(3) or (D)(2) of this
section. (D)(1) Whenever a campaign committee files a
notice under division (C)(1) or (2) of this section,
and the campaign committee of an opponent files a
declaration of no limits pursuant to division
(D)(2) of this section within
thirty days of the filing of the personal funds notice under division
(C)(1) or (2) of this section,
the
contribution limitations prescribed in section 3517.102 of the
Revised Code no longer apply to the campaign committee of the
candidate's opponent. (2) No campaign committee of a
candidate described in division (D)(1) of this
section shall accept any contribution or contributions from a contributor that
exceed the limitations prescribed in section 3517.102 of the Revised Code until the committee
files a declaration that the committee will accept contributions that exceed
those limitations. This declaration shall be filed not later than thirty days
after a candidate's opponent has filed a personal funds notice pursuant to
division (C)(1) or (2) of section 3517.103 of the Revised Code, shall be referred to
as the "declaration of no limits," and shall list all of the following: (a) The amount of cash on hand in the candidate's campaign fund
at the end of the day immediately preceding the day on which the candidate's
campaign committee files the declaration of no limits; (b) The value and description of all campaign assets worth five
hundred dollars or more available to the candidate at the end of the day
immediately preceding the day on which the candidate's campaign committee
files the declaration of no limits. (3) A candidate who was not an opponent of a candidate who filed the
personal funds notice required under division (C)(3) of this section
on the date the personal funds notice was filed may file the declaration of no
limits pursuant to division (D)(2) of this section within thirty days
after becoming an opponent of the candidate who filed the personal funds
notice. (4) If the candidate
whose campaign committee filed a personal funds notice under division
(C)(1) or (2) of this section
fails to file a declaration of candidacy for the office listed
on the designation of treasurer filed under division
(D) of section 3517.10 of the
Revised Code or files a declaration of
candidacy or nominating petition for that office and dies or
withdraws, both of the following apply to the campaign committee
of that candidate's opponent if the opponent has filed a declaration of no
limits pursuant to division (D) of this section: (a) No contribution from a contributor may
thereafter be accepted that, when added to the aggregate total of all
contributions received by that committee from that contributor
during the primary election period or general election period, whichever is
applicable, would cause that committee to exceed the
contribution limitations prescribed in section 3517.102 of the
Revised Code for the applicable election period. (b) The statement of primary-day
finances or the year-end statement required to be filed under division
(E) of section 3517.1010 of the Revised Code shall
be filed not later than
fourteen days after the date the candidate's opponent fails to
file a declaration of candidacy or nominating petition by the appropriate
filing deadline, or dies
or withdraws. For purposes of calculating permitted funds under division
(A)(7) of section 3517.1010 of the Revised Code, the primary or
general election
period, whichever is applicable, shall be considered to have ended on the
filing deadline, in the case of an opponent who fails to file a declaration of
candidacy or nominating petition, or on the date of the opponent's death or
withdrawal. In such an event, the filing of a statement of primary-day
finances or year-end finances and the disposing of any excess funds as
required under division (B) of section 3517.1010 of the Revised Code
satisfies the
candidate's obligation to file such a statement for that election period. (E)(1) No campaign committee shall fail to file
a personal funds notice as required under division
(C)(1) or (2) of this section. (2) No campaign committee shall accept any contribution in excess of the
contribution limitations prescribed in section 3517.102 of the Revised Code: (a) Unless a declaration of no limits has been filed under
division (D)(2) of this section; (b) In violation of division (D)(4) of this section once
the candidate who filed a personal funds notice under division (C)(3)
of this section fails to file a declaration of candidacy or nominating
petition or that candidate dies or withdraws. (3) No campaign committee that violates division
(E)(1) of this section shall expend any personal funds in
excess of the amount specified in division (C)(1) or (2)
of this section, whichever is appropriate to the committee. (4) The candidate of any campaign committee that
violates division
(E) of
this section shall forfeit the candidate's nomination, if
the candidate was nominated, or the office to which
the candidate was elected, if the candidate was
elected to office. (F)(1) Whenever a campaign committee files a notice under
division
(C)(1) or (2) of this section or whenever the contribution
limitations prescribed in section 3517.102 of the Revised Code do not apply to a campaign
committee under division (D)(1) of this section, that committee is
not a designated state campaign committee for the purpose of the limitations
prescribed in section 3517.102 of the Revised Code with regard to contributions made by that
campaign committee to a legislative campaign fund or to a state candidate
fund of a state or county political party. (2) Division (F)(1) of this section no longer applies
to a campaign committee after both of the following
occur: (a) The primary or general election period
during which the contribution limitations prescribed in section
3517.102 of the Revised Code did not apply after being
removed
pursuant to division (D) of this section has expired; (b) When the campaign committee has
disposed of all excess funds and excess aggregate contributions
as required under section
3517.1010 of the Revised Code. (G) This is an interim section effective until January
1, 2000.
Sec. 3517.105. (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, or shall be filed by
electronic means of transmission pursuant to division (G) of
section 3517.106 of the Revised Code as authorized or required by that division. The
statement 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, or
shall be filed by electronic means of transmission pursuant to
division (G) of section 3517.106 of the Revised Code as authorized or required by
that division. The statement 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) As used in this section: (1) "Internet" means the international computer network
of both federal and nonfederal interoperable packet switched
data networks, including the graphical subnetwork called the
world wide web. (2) "Statewide office" means any of the offices of
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, chief justice of
the supreme court, and justice of the supreme court. (3) "Addendum to a statement" includes an amendment or other correction to
that statement. (B) 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 and in statements of independent expenditures required to be filed
under section 3517.105 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) Individuals, partnerships, corporations, labor organizations, or other
entities that make
independent expenditures in support of or opposition to a
statewide candidate or a statewide ballot issue or
question; (6) The campaign committees of candidates for the office of member
of the
general assembly. (B)(C)(1) The secretary of state shall make
available to the campaign committees, political action
committees, political contributing entities, legislative
campaign funds, and political parties, individuals,
partnerships, corporations, labor organizations, and other entities
described in division (A)(B) of this section, and to
members of the news
media and other interested persons, for a reasonable fee,
computer programs that are compatible with 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)(B) of this section
available on computer at the secretary of state's office so
that, to the maximum extent feasible, individuals may obtain at
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)(D) of this
section. (C)(D) The secretary of state shall keep the information
stored on computer
under division (A)(B) of this section for at least six years.
(E)(1) Subject to the Secretary of State having implemented,
tested, and verified the successful operation of any system the Secretary of
State prescribes pursuant to division (H)(1) of this section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of the Revised Code for the filing of campaign finance statements by electronic means of
transmission, on and after
January 1, 2001, the campaign
committee of each candidate for statewide office may file the
statements prescribed by section 3517.10 of the
Revised Code by electronic means of
transmission or, if the total amount of the contributions received
or the total amount of the expenditures made by the campaign
committee for the applicable reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those statements by electronic means of transmission. Except as otherwise provided in this division,
within five business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of state by
electronic or other means of transmission, the secretary of state shall make
available online to the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement.
The secretary
of state shall not make available online to the public through the
internet any contribution or expenditure information contained in a
statement for any candidate until the secretary of state is able to make
available online to the public through the internet the
contribution and expenditure information for all candidates for a
particular office. As soon as the secretary of state has
available all of that information, the secretary of state shall
simultaneously make available online to the public through the
internet the information for all candidates for a particular
office. If a statement filed by electronic means of transmission
is found to be incomplete or inaccurate after the
examination of the statement for completeness and accuracy
pursuant to division (B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign committee
shall file by electronic means of transmission any addendum to the statement
that provides the
information necessary to complete or correct the statement
or, if required by the secretary of state under that division, an amended
statement. Within five business days after the secretary of state receives from a
campaign committee of a candidate for statewide office an addendum to the
statement or an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a)
of section 3517.11 of the Revised Code, the secretary of state shall make the contribution
and expenditure information
in the addendum or amended statement available online to the public
through the internet as provided in division (I) of this section. (2) Subject to division (E)(3) of this section and subject to the
Secretary of State having implemented, tested, and verified the successful
operation of any system the Secretary of State prescribes pursuant to division
(H)(1) of this section and divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised Code for the filing
of campaign finance statements by electronic means of transmission, on and
after
January 1, 2001, a
political action committee and a political
contributing entity described in division
(B)(2) of this section,
a legislative campaign fund, and a state political party may file
the statements prescribed by section 3517.10 of the
Revised
Code by electronic means of transmission. Within five business days after
a statement filed by a political action committee or a political
contributing entity described in division
(B)(2) of this section, a legislative campaign fund, or a state
political party is received by the secretary of state by electronic or other
means of transmission, the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement. If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the examination of the statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political action
committee, political contributing entity, legislative campaign
fund, or state political party shall file by electronic means of transmission
any addendum to the
statement that provides the information necessary to complete or
correct the statement or, if required by the secretary of state under that
division, an amended statement. Within five business days after the secretary of state receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section, a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section. (3) Subject to the Secretary of State having implemented, tested, and
verified the successful operation of any system the Secretary of State
prescribes pursuant to division (H)(1) of this section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code
for the filing of campaign finance statements by electronic means of
transmission, on and after
January 1, 2002, a political
action committee and a political contributing entity described
in division (B)(2) of this
section, a legislative campaign fund, and a state political party
shall file the statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission if the total amount of the contributions received
or the total amount of the expenditures made by the political
action committee, political contributing entity, legislative
campaign fund, or political party for the applicable reporting
period as specified in division
(A) of section 3517.10 of the
Revised
Code exceeds ten thousand
dollars. Within five business days after a statement filed by a political action
committee or a political contributing entity described in division
(B)(2) of this section, a legislative campaign fund, or a state
political party is received by the secretary of state by electronic or other
means of transmission, the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement. If a statement filed by electronic means of transmission
is found to be incomplete or inaccurate after the
examination of the statement for completeness and accuracy
pursuant to division (B)(3)(a) of
section 3517.11 of the Revised
Code, the political action
committee, political contributing entity, legislative campaign
fund, or state political party shall file by electronic means of transmission
any addendum to the
statement that provides the information necessary to complete or
correct the statement or, if required by the secretary of state under that
division, an amended statement. Within five business days after the secretary of state receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section, a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state
shall make the contribution and expenditure information in the addendum or
amended statement available
online to the public through the
internet as provided in division (I) of this section. (F)(1) Subject to division (F)(4) of this section and
subject to the secretary of
state having implemented, tested, and verified the successful operation of any
system the Secretary of State prescribes pursuant to division (H)(1)
of this section and divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised Code for the filing of campaign
finance statements by electronic means of transmission or on computer disk, on
and after January
1, 2001, a campaign committee of a
candidate for the office of member of the general assembly may
file the statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission to the office of the secretary of state or, until
January 1, 2003, on computer disk with
the appropriate board of elections specified in division (A)(2) of
section 3517.11 of the Revised Code. Except as otherwise provided in this division, within five business days
after a statement filed by a campaign committee of a candidate for the office
of member of the general assembly is received by the secretary of state by
electronic or other means of transmission,
the secretary of state shall make available online to the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement. The secretary
of state shall not make available online to the public through the
internet any contribution or expenditure information contained in a
statement for any candidate until the secretary of state is able to make
available online to the public through the internet the
contribution and expenditure information for all candidates for a
particular office. As soon as the secretary of state has
available all of that information, the secretary of state shall
simultaneously make available online to the public through the
internet the information for all candidates for a particular
office. If a statement filed by electronic means of transmission or on computer
disk
is found to be
incomplete or inaccurate after the examination of the statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of transmission to the office of the secretary
of state, or, until January 1, 2003, on computer disk with the
appropriate board of elections if the
original statement was filed on computer disk, any addendum to the statement
that provides the
information necessary to complete or correct the statement or, if required by
the secretary of state under that division, an amended statement. Within five business days after the secretary of state receives from a
campaign committee of a candidate
for the office of member of the general assembly an addendum to the
statement or an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of the Revised Code, the
secretary of
state shall
make the contribution and expenditure information in the addendum or amended
statement available online to
the public through the internet as provided in division (I) of this
section. (2) Until January 1, 2003, if a campaign committee of a
candidate for the office of member of the general assembly files
a statement of contributions and expenditures, an addendum to
the statement, or an amended statement by electronic means of transmission or
on computer disk pursuant to division
(F)(1) of this section, the campaign committee shall
file as prescribed by section 3517.10 of the Revised Code with the appropriate board of
elections specified in division
(A)(2) of section 3517.11 of the Revised
Code a printed version of the
statement, addendum, or amended statement filed by electronic means of
transmission or on computer disk, in the format
that the secretary of state shall prescribe.
IF A STATEMENT,
ADDENDUM, OR AMENDED STATEMENT IS NOT FILED BY ELECTRONIC MEANS OF
TRANSMISSION OR ON COMPUTER DISK BUT IS FILED BY PRINTED VERSION
ONLY, THE CAMPAIGN COMMITTEE SHALL FILE TWO COPIES OF THE PRINTED
VERSION OF THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT WITH THE
APPROPRIATE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL SEND
ONE OF THOSE COPIES BY OVERNIGHT DELIVERY SERVICE TO THE SECRETARY
OF STATE BEFORE THE CLOSE OF BUSINESS ON THE DAY THE BOARD OF
ELECTIONS RECEIVES THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT. (3)(a) Subject to division (F)(4) of this section and
subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised Code for the filing of campaign
finance statements by electronic means of transmission or on computer disk, on
and after January 1, 2001, the secretary of
state shall assess, and a campaign committee of a candidate for the office of
member of the general assembly shall pay, a fee
AS PROVIDED IN THIS
DIVISION IF THE CAMPAIGN COMMITTEE HAS NOT FILED THE CAMPAIGN
FINANCE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF THE REVISED
CODE BY ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER DISK PURSUANT
TO
DIVISION (F)(1) OF THIS SECTION. THE FEE SHALL BE CALCULATED ON
THE TOTAL CONTRIBUTIONS RECEIVED FOR THE APPLICABLE REPORTING PERIOD
SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE REVISED
CODE
AS FOLLOWS: (i) NO FEE FOR TOTAL CONTRIBUTIONS UP TO AND INCLUDING TEN
THOUSAND DOLLARS; (ii) A FEE OF FIFTY DOLLARS FOR TOTAL CONTRIBUTIONS OF OVER TEN
THOUSAND DOLLARS UP TO AND INCLUDING TWENTY-FIVE THOUSAND DOLLARS; (iii) A FEE OF ONE HUNDRED FIFTY DOLLARS FOR TOTAL CONTRIBUTIONS
OVER TWENTY-FIVE THOUSAND DOLLARS UP TO AND INCLUDING FIFTY THOUSAND DOLLARS; (iv) A FEE OF TWO HUNDRED DOLLARS FOR TOTAL CONTRIBUTIONS OVER
FIFTY THOUSAND DOLLARS. (b) No campaign committee of a candidate for the office of member
of the general assembly shall be required to pay the fee prescribed by
division (F)(3)(a) of this section in connection with
the
filing of an addendum to a statement of contributions and expenditures or in
connection with the filing of an amended statement. (c) THE FEE PRESCRIBED BY DIVISION (F)(3)(a) OF
THIS SECTION
SHALL BE MADE PAYABLE TO THE SECRETARY OF STATE AND SHALL BE
COLLECTED BY THE APPROPRIATE BOARD OF ELECTIONS AT THE TIME THE
CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE
GENERAL ASSEMBLY FILES THE STATEMENT OF CONTRIBUTIONS AND
EXPENDITURES. THE FEE SHALL BE SENT ALONG WITH THE STATEMENT,
BEFORE THE CLOSE OF BUSINESS ON THE DAY IT IS RECEIVED, TO THE
SECRETARY OF STATE BY OVERNIGHT DELIVERY SERVICE. (4) SUBJECT TO THE SECRETARY OF STATE HAVING IMPLEMENTED,
TESTED, AND VERIFIED THE SUCCESSFUL OPERATION OF ANY SYSTEM THE
SECRETARY OF STATE PRESCRIBES PURSUANT TO DIVISION (H)(1) OF THIS
SECTION AND DIVISIONS (C)(6)(b) AND (D)(6) OF
SECTION 3517.10 OF
THE REVISED CODE FOR THE FILING OF CAMPAIGN FINANCE
STATEMENTS BY ELECTRONIC MEANS OF TRANSMISSION, ON AND AFTER JANUARY
1, 2003, A
CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL
ASSEMBLY SHALL FILE THE STATEMENTS PRESCRIBED BY SECTION 3517.10 OF
THE REVISED CODE BY ELECTRONIC MEANS OF TRANSMISSION TO THE
SECRETARY OF STATE IF THE TOTAL AMOUNT OF THE CONTRIBUTIONS
RECEIVED BY THE CAMPAIGN COMMITTEE FOR THE APPLICABLE REPORTING
PERIOD AS SPECIFIED IN DIVISION (A) OF SECTION 3517.10 OF THE
REVISED CODE EXCEEDS TEN THOUSAND DOLLARS. Except as otherwise provided in this division,
WITHIN FIVE BUSINESS DAYS AFTER a statement filed by a campaign committee of a
candidate for the office of member of the general assembly is received by the
secretary of state by electronic or other means of transmission,
THE SECRETARY OF STATE SHALL MAKE AVAILABLE ONLINE TO THE PUBLIC THROUGH THE
INTERNET, as provided in division (I) of this section, the
contribution and expenditure information in that statement. The secretary
of state shall not make available online to the public through the
internet any contribution or expenditure information contained in a
statement for any candidate until the secretary of state is able to make
available online to the public through the internet the
contribution and expenditure information for all candidates for a
particular office. As soon as the secretary of state has
available all of that information, the secretary of state shall
simultaneously make available online to the public through the
internet the information for all candidates for a particular
office. IF A STATEMENT FILED BY ELECTRONIC MEANS OF TRANSMISSION IS FOUND
TO BE INCOMPLETE OR INACCURATE AFTER THE EXAMINATION OF THE
STATEMENT FOR COMPLETENESS AND ACCURACY PURSUANT TO DIVISION
(B)(3)(a) OF SECTION 3517.11 OF THE
REVISED CODE, THE CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE
OFFICE OF MEMBER OF THE GENERAL ASSEMBLY SHALL FILE BY ELECTRONIC MEANS OF
TRANSMISSION ANY ADDENDUM TO THE STATEMENT THAT PROVIDES THE INFORMATION
NECESSARY TO COMPLETE OR CORRECT THE STATEMENT OR, IF REQUIRED BY THE
SECRETARY OF STATE UNDER THAT DIVISION, AN AMENDED STATEMENT. WITHIN FIVE BUSINESS DAYS AFTER THE SECRETARY OF STATE RECEIVES FROM A
CAMPAIGN COMMITTEE OF A CANDIDATE
FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY AN ADDENDUM
TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER
MEANS OF TRANSMISSION UNDER THIS DIVISION OR DIVISION
(B)(3)(a) OF
SECTION 3517.11 OF THE REVISED CODE, THE SECRETARY OF STATE
SHALL
MAKE THE CONTRIBUTION AND EXPENDITURE INFORMATION IN THE ADDENDUM OR AMENDED
STATEMENT AVAILABLE ONLINE TO THE PUBLIC THROUGH THE INTERNET AS PROVIDED IN
DIVISION (I) OF THIS SECTION. (G)(1) Subject to division (G)(2) of this section and
subject to the Secretary of State having implemented, tested, and verified the
successful operation of any system the Secretary of State prescribes pursuant
to division (H)(1) of this section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code
for the filing of campaign finance statements by electronic means of
transmission, on and after
January 1, 2001, any individual, partnership, or
other entity that makes independent expenditures in support of or
opposition to a statewide candidate or a statewide ballot issue or
question as provided in division (B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may file the statement
specified in
that division by electronic means of transmission. Within five business days
after a statement filed by an individual, partnership, or other entity is
received by the secretary of state by electronic or other means of
transmission, the secretary of state shall make
available
online to the public through the internet, as provided in division
(I) of this section, the expenditure
information in that statement. If a statement filed by electronic means of transmission is found to be
incomplete or inaccurate after the
examination of the statement for completeness and accuracy
pursuant to division (B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement. Within five business days after the secretary of state receives from an
individual, partnership, or other entity described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105 of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised Code, the secretary of
state shall make the expenditure information in the addendum or amended
statement
available online to the public through the internet as provided in
division (I) of this section. (2) Subject to the Secretary of State having implemented, tested, and
verified the successful operation of any system the Secretary of State
prescribes pursuant to division (H)(1) of this section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code
for the filing of campaign finance statements by electronic means of
transmission, on and after
January 1, 2002, any individual, partnership, or
other entity that makes independent
expenditures in support of or opposition to a statewide
candidate or a statewide ballot issue or question as provided in
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 of the
Revised Code shall file the statement
specified in that division by electronic means of transmission if the total
amount of the independent expenditures made during
the reporting period under that division exceeds ten thousand dollars. Within five business days after
a statement filed by an individual, partnership, or other entity is received
by the secretary of state by electronic or other means of transmission, the
secretary of
state shall make available online to the public through the internet, as
provided in
division (I) of this section, the expenditure information in that
statement. If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of
the statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of transmission
any addendum to the
statement that provides the information necessary to complete or
correct the statement or, if required by the secretary of state under that
division, an amended statement. Within five business days after
the secretary of state receives from
an individual, partnership, or other entity described in division
(B)(2)(b) or (C)(2)(b) of
section 3517.105 of the Revised Code an addendum to the statement or an amended
statement by electronic or other means of transmission under this division or
division (B)(3)(a) of section 3517.11 of the Revised Code, the
secretary of state shall make the expenditure information in the addendum
or amended statement available online to the public
through the internet as provided in division (I) of this section. (H)(1) The secretary of
state, by rule adopted pursuant to section 3517.23 of the
Revised
Code, shall prescribe one or
more techniques by which a person who executes
and transmits by electronic means a statement of contributions
and expenditures, a statement of independent expenditures, an
addendum to either statement, an amended statement of contributions and
expenditures, or an amended statement of independent expenditures under this
section or section
3517.10 or 3517.105 of the Revised
Code shall electronically sign
the statement, addendum, or amended statement. Any technique prescribed by
the secretary of state pursuant to this division shall create an electronic
signature that satisfies all of the following: (a) It is unique to the signer. (b) It objectively identifies the signer. (c) It involves the use of a signature device or other means or
method that is under the sole control of the signer and that cannot be readily
duplicated or compromised. (d) It is created and linked to the electronic record to which it
relates in a manner that, if the record or signature is intentionally or
unintentionally changed after
signing, the electronic signature is invalidated. (2) An electronic signature prescribed by the secretary of state under
division
(H)(1) of this section shall be
attached to or associated with the statement of contributions
and expenditures, the statement of independent expenditures,
the addendum to either statement, the amended statement of contributions
and expenditures, or the amended statement of independent expenditures
that is executed and
transmitted by electronic means by the person to whom the
electronic signature is attributed. The electronic signature
that is attached to or associated with the statement, addendum, or amended
statement under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the signature had
been handwritten in ink on a printed form of the statement,
addendum, or amended statement. (I) The secretary of state shall make the contribution and
expenditure information in all statements, all addenda to the statements, and
all amended statements that are filed with the secretary of state by
electronic or other means of transmission under this section or section
3517.10, 3517.105, or 3517.11 of the Revised Code available
online to the public by any means that are searchable, viewable, and
accessible through the internet. (J)(1) AS USED IN THIS DIVISION,
"LIBRARY" MEANS A LIBRARY THAT IS OPEN TO THE PUBLIC and that is
one OF THE FOLLOWING: (a) A LIBRARY THAT IS MAINTAINED AND REGULATED UNDER SECTION
715.13 of the Revised Code; (b) A LIBRARY THAT IS CREATED, MAINTAINED, AND REGULATED UNDER
CHAPTER 3375. of the Revised Code. (2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure information
in
campaign finance statements required to be made available online to the public
through the internet pursuant to division (I) of this section may
be accessed. On and after January 1, 2001, If that location is part of the
graphical subnetwork called the world wide web and if the secretary of state has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public. (3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of transmission pursuant
to division (H)(1) of this section and divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised Code includes filing those statements
through the internet via an interactive location on the graphical subnetwork
called the world wide web, the
secretary of state shall notify all libraries of the world wide
web location at which those statements may be filed. On and after January 1, 2001, if those statements may be filed
through the internet via an interactive location on the graphical
subnetwork called the world wide web and if the secretary of state
has notified a library of that world wide web location as required
by this division, the library shall include a link to that world
wide web location on each internet-connected computer it maintains
that is accessible to the public. (K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action committee,
legislative campaign fund, political party, political contributing entity, or
individual, partnership, or other entity for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section 3517.10 or 3517.105 of the Revised Code that
all of the
following apply to the campaign committee, political action committee,
legislative campaign fund, political party, political contributing entity, or
individual, partnership, or other entity that failed to file the required
statement: (1) The campaign committee, political action committee, legislative
campaign fund, political party, political contributing entity, or individual,
partnership, or other entity attempted to file by electronic means of
transmission the required
statement prior to the deadline set forth in the applicable section. (2) The campaign committee, political action committee, legislative
campaign fund, political party, political contributing entity, or individual,
partnership, or other entity was unable to file by electronic means of
transmission due to an
expected or unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance or because
of hardware, software, or network connection failure. (3) The campaign committee, political action committee, legislative
campaign fund, political party, political contributing entity, or individual,
partnership, or other entity filed by electronic means of
transmission the required statement within a reasonable period of time after
being unable to so file it under the circumstance described in division
(K)(2) of this section. 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),
(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 preprimary 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),
(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 preprimary 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
3517.11 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, during the pre-filing
period, 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 had less than the carry-in
amount in cash on
hand at the beginning of the pre-primary pre-filing period,
if applicable. (3) The candidate files a declaration, on a form prescribed by the
secretary of state, with the official or board with which the candidate is
required to file statements under section 3517.11 of the Revised Code not
later than seven
days after the date of the filing deadline for the office that candidate is
seeking, stating that the candidate's campaign committee has not accepted
aggregate contributions as described in division (G)(1) of this
section and has less than the carry-in amount in cash on hand as described in
division (G)(2) of this section. Sec. 3517.1010. (A) As used in this section: (1) "Aggregate contribution," "allowable aggregate contribution," "excess
aggregate contribution," and "pre-filing period" have the same meanings as in
section 3517.109 of the Revised Code. (2) "Filing deadline" means the last date on which a candidacy petition
may be filed for an office. (3) "Campaign asset" means prepaid, purchased, or donated assets, goods,
or services available
to the candidate's campaign committee on the date specified in the filing
required under division (F) of this section that will be consumed,
depleted, or used in the course of the candidate's election campaign,
including, but not limited to, postage, rent for any campaign office,
radio,
television, and newspaper advertising, and consulting and
personal services. (4) "Permitted funds" means one of the following: (a) In the case of a disposal of excess funds under division
(B)(1) of this section, the sum of the primary carry-in amount and
the product of both of the following: (i) The sum of the campaign committee's net cash on hand and the
campaign committee's total reported campaign assets on the day of the primary
election less the primary carry-in amount; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor to the sum of all contributions received,
during the period extending from the first day on which, in accordance with
division (D) of section 3517.103 of the Revised Code, the contribution limitations
prescribed in section 3517.102 of the Revised Code no longer apply to the campaign committee
through the end of the primary election period. For the purposes of division (A)(4)(a) of this
section, the allowable aggregate contribution of each contributor is
calculated as if the limitations on contributions prescribed in section
3517.102 of the Revised Code were in effect. As used in division (A)(4)(a) of this section,
"primary carry-in amount" is the sum of the campaign committee's cash on hand
and reported campaign assets as reported on the campaign committee's
declaration of no
limits filed pursuant to division (D) of section 3517.103 of the Revised Code. (b) In the case of a disposal of excess funds under division
(B)(5) of this section, the product of both of the following: (i) The sum of the cash on hand and reported campaign assets at
the end of the thirty-first day of December immediately following the
general election; (ii) The ratio of the sum of the allowable aggregate
contributions of each contributor and the general carry-in amount to the sum
of all contributions received during the general election period and the
general carry-in amount. For the purposes of division (A)(4)(b) of this
section, when a candidate has filed a declaration of no limits under division
(D)(2) of section 3517.103 of the Revised Code, the allowable aggregate contribution
calculated for each contributor is calculated as if the limitations on
contributions prescribed in section
3517.102 of the Revised Code were in effect. As used in division (A)(4)(b) of this section,
"general carry-in amount" is the sum of the campaign committee's reported
campaign assets and net cash on hand as of the day of the primary election,
after the committee has disposed of excess funds under division
(B)(1) of this section, if required. "General election period" has
the same meaning as in section 3517.102 of the Revised Code. (5) "Excess funds" means the amount by which the sum of the campaign
committee's cash on hand on the date specified in the filing required to
be made under division (F) of this section and total reported
campaign assets exceeds permitted funds. (6) "Net cash on hand" means the cash on hand on the day of the primary
election less the sum of all debts and obligations reported under division
(F) of this section. (B)(1) Except as otherwise provided in division (G) of
this section, the campaign committee of any candidate who has filed a
declaration of no limits in accordance with division (D) of section
3517.103 of the Revised Code, and to which the contribution limitations prescribed in section
3517.102 of the Revised Code no longer apply during a primary election period, shall dispose
of any excess funds not later than fourteen days after the day on which the
primary election was held. (2) The campaign committee of any candidate that has filed a personal
funds notice under division (C)(1) or (2) of section 3517.103 of the Revised Code
shall, at the end of the primary election period, do one of the following: (a) Return that portion of the personal funds remaining in the
candidate's campaign committee fund at the end of the primary election period
that are excess funds not later than fourteen days after the day on which the
primary election was held; (b) Retain the personal funds remaining in the candidate's
campaign committee fund at the end of the primary election period and file a
statement with the secretary of state declaring that the campaign committee
will retain those remaining personal funds in the committee's campaign fund
and indicating the amount of remaining personal funds that would be
characterized as excess funds. (3) If a campaign committee elects to retain personal funds pursuant to
division (B)(2)(b) of this section, both of the
following apply: (a) The amount characterized as excess funds is considered to be
an expenditure of personal funds for the purpose of determining whether the
amount of personal funds the campaign committee has received under division
(C)(1) or (2) of section 3517.103 of the Revised Code during an election period
exceeds the amounts specified in those divisions. (b) The campaign committee is not a designated state campaign
committee for the purpose of making contributions to a legislative campaign
fund or to the state candidate fund of a state or county political party. (4) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate that has expended personal funds in
excess of the amount specified in division (C)(1) or (2) of section
3517.103 of the Revised Code shall dispose of any excess funds not later than fourteen days
after the day on which the primary election is held or the thirty-first day
of December after the day on which the general election was held,
whichever is applicable, or choose to retain personal funds under division
(B)(2) of this section. The calculation of excess funds under
this division (B)(4) of this section shall be made in the same
manner that
a campaign committee is required to dispose of excess funds under division
(B)(1) or (5) of this section, whichever election period is
applicable. For the purposes of this division (B)(4) of this
section, the
allowable aggregate contribution of each contributor, including one or more
contributions from the candidate and from the candidate's spouse, parents,
children, sons-in-law, daughters-in-law, brothers, sisters, grandparents,
mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or
grandparents by marriage, is calculated for that contributor as if the
contribution limitations prescribed by section 3517.102 of the Revised Code
were in effect. (5) Except as otherwise provided in division (G) of this section,
the campaign committee of any candidate to which, in accordance with division
(D) of section 3517.103 of the Revised Code, the contribution limitations
prescribed
in section 3517.102 of the Revised Code no longer apply during a general election period
shall
dispose of any excess funds not later than the thirty-first day of
December after the day on which the general election was held. (6) Notwithstanding divisions (B)(1) and (2) of section 3517.109
of the Revised Code, the amount of excess aggregate contributions required to be disposed of
under those divisions by a candidate whose contribution limitations have been
reimposed pursuant to division (D)(4) of section 3517.103 of the Revised Code is
limited to no more than the sum of the following: (a) The difference between the sum of the cash on hand and
reported campaign assets on the date of the declaration of candidacy filing
deadline, date of death, or date of withdrawal, whichever is applicable, less
the sum of the cash on hand and reported campaign assets reported
on the campaign committee's declaration of no limits under division
(D)(2) of section 3517.103 of the Revised Code; (b) The sum of the aggregate excess contributions of all
contributors made from the beginning of the primary election period to the day
immediately preceding the day on which contribution limitations prescribed in
section 3517.102 of the Revised Code became inapplicable pursuant to division (D)(1)
of section 3517.103 of the Revised Code. (C) Any campaign committee that is required to dispose of excess
funds or excess aggregate contributions under division (B) of this
section shall dispose of the excess amount or amounts in accordance with
division (C) of section 3517.109 of the Revised Code. (D)(1) Any candidate who knowingly fails to dispose of excess
funds or excess aggregate contributions as required by divisions (B)
and (C) of this section, except a candidate whose campaign committee
has been given a letter of substantial compliance as provided for in division
(D)(2) of this section, shall not appear on the ballot, even if the
candidate has been certified to appear on the ballot. (2) The secretary of state shall, after initially examining and reviewing
any declaration provided for in division (F) of this section and
making a determination that a campaign committee has
substantially complied with the disposal requirements of division (B)
of this section, promptly issue to the candidate's campaign committee a letter
certifying that committee's substantial compliance. (3) The campaign committee of a candidate for statewide office as defined
in division (A) of section 3517.109 of the Revised Code has not substantially
complied with the disposal requirements of division (B) of this
section if, upon initial review of a declaration filed pursuant to division
(F) of this section, it is discovered that the candidate's campaign
committee has failed to dispose of excess funds or excess aggregate
contributions totaling in the aggregate more than ten thousand dollars. (4) The campaign committee of a candidate for member of the general
assembly has not substantially complied with the disposal requirements of
division (B) of this section if, upon initial review of a declaration
filed pursuant to division (F) of this section, it is discovered that
the candidate's campaign committee has failed to dispose of excess funds or
excess aggregate contributions totaling in the aggregate more than twenty-five
hundred dollars. (5) Any campaign committee that has received a letter indicating
substantial compliance as provided for in division (D)(2) of this
section shall, within thirty days after receiving such a letter, fully comply
with the disposal requirements of division (B) of this section. (E) When the campaign committee of a candidate files a personal
funds
notice in accordance with division (C), or a declaration of no limits
in accordance with division (D), of section 3517.103 of the Revised Code, the
campaign committee of each such candidate shall file in the case of a primary
election period a declaration of primary-day finances not later than fourteen
days after the day on which the primary election was held, or shall file in
the case of a general election period a declaration of year-end finances not
later than the last business day of January of the next calendar year
immediately following the day on which the general election was held. (F) The declaration of primary-day finances and declaration of
year-end finances shall be filed on a form prescribed by the secretary of
state and shall list all of the following: (1) The amount of net cash on hand in the candidate's campaign committee
fund at the end of the day on which the primary election was held or cash on
hand on the thirty-first day of December immediately following the
day on which the general election was held, whichever is appropriate; (2) In the case of a declaration of primary-day finances, any debt or
other obligation incurred by the committee during the primary election period
and related to the primary election of the campaign committee's candidate; (3) The value and description of all campaign assets worth five hundred
dollars or more available to the candidate at the end of the day on which the
primary election was held or on the thirty-first day of December
immediately following the day on which the general election was held; (4) The total of all aggregate contributions received by the candidate's
campaign committee during the primary or general election period; (5) The total of all allowable aggregate contributions received by the
candidate's campaign committee during the primary or general election period,
whichever is applicable. The allowable aggregate contribution of each
contributor shall be calculated as if the contribution limitations prescribed
by section 3517.102 of the Revised Code were in effect. (6) A description of all excess funds and excess aggregate contributions
disposed of by the candidate's campaign committee in accordance with division
(B) of this section for that election. (G) The campaign committee of a candidate is not required to
dispose of excess funds or excess aggregate contributions under division
(B) of this section if both of the following apply: (1) The campaign committee has not accepted any aggregate contribution
greater than the amount applicable under those divisions, excluding the amount
of any contribution accepted before the day of the primary election held in
1996. (2) The campaign committee files on a form, prescribed by the secretary of
state, with the official or board with which the candidate is required to file
statements under section 3517.11 of the Revised Code, stating that the committee has not
accepted aggregate contributions as described in division (G)(1) of
this section. (H) This is an interim section effective until January
1, 2000.
Sec. 3517.11. (A)(1) Campaign
committees of
candidates
for statewide offices or the state board of education, political
action committees 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 Except as otherwise provided in division (F)
of section 3517.106
of the Revised Code, 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. A CAMPAIGN COMMITTEE OF A CANDIDATE FOR OFFICE OF MEMBER OF THE
GENERAL ASSEMBLY SHALL FILE TWO COPIES OF THE PRINTED VERSION OF
ANY STATEMENT, ADDENDUM, OR AMENDED STATEMENT IF THE COMMITTEE
DOES NOT FILE BY ELECTRONIC MEANS OF TRANSMISSION OR ON COMPUTER
DISK PURSUANT TO DIVISION (F)(1) OF SECTION 3517.106 OF THE
REVISED Code BUT FILES BY PRINTED VERSION ONLY WITH
THE
APPROPRIATE BOARD OF ELECTIONS. THE BOARD OF ELECTIONS SHALL SEND ONE OF
THOSE COPIES BY OVERNIGHT DELIVERY SERVICE TO THE SECRETARY OF STATE
BEFORE THE CLOSE OF BUSINESS ON THE DAY THE BOARD OF ELECTIONS
RECEIVES THE STATEMENT, ADDENDUM, OR AMENDED STATEMENT. (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 sections 3517.10 and
3517.106 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)(a) 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. On and after
January 1, 2001, the secretary of state shall examine for
completeness and accuracy statements that
campaign committees of candidates for the office
of member of the general assembly file by electronic means of transmission
pursuant to division (F) of section 3517.106
of the Revised Code. If
an officer at the board of elections where a statement of that
type filed for a candidate for the office of member of the General
Assembly 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 filed for a candidate for the office of member of the General
Assembly 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 Within twenty-one
days
after
receipt of the notice, in the case of a pre-election
preelection 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)(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum, amendment, or other
correction to the statement providing
the information necessary to complete or correct the statement.
The secretary of state may require that, in lieu of filing
an addendum, amendment, or other correction to a statement that
is filed by electronic means of transmission to the office of
the secretary of state or on computer disk with the appropriate board of
elections pursuant to section 3517.106 of the
Revised Code, the recipient of the
notice described in this division file by electronic means of transmission,
or, until January 1, 2003, on computer disk with the appropriate
board of elections if the original
statement was filed on computer disk, an amended statement that incorporates
the information necessary
to complete or correct the statement.
The secretary of state shall determine by rule when an addendum,
amendment, or other correction to a
two-business-day statement prescribed by section 3517.10 of
the Revised Code or an amended two-business-day statement shall be
filed. An addendum, amendment, or other
correction to a statement that is filed by electronic means of transmission or
on computer disk pursuant to section 3517.106 of the Revised Code shall be filed in the same
manner as the
statement. The provisions of sections 3517.10 and 3517.106 of the Revised Code pertaining to
the filing of statements of contributions and expenditures and statements of
independent expenditures by electronic means of transmission or on computer
disk apply to the filing of addenda, amendments, or other corrections to those
statements by electronic means of transmission or, until January 1,
2003, on computer disk and the
filing of amended statements by electronic means of transmission or, until
January 1, 2003, on
computer disk. (b) Within five business days after the secretary
of state receives, by electronic or other means of transmission, an addendum,
amendment, or other correction to a statement or an amended statement under
division (B)(3)(a) of this section, the secretary of
state, pursuant to divisions (E), (F), (G), and
(I) of section 3517.106 of the Revised Code, shall make the contribution and
expenditure information in that
addendum, amendment, correction, or amended statement available online to the
public through the internet. As used in this division, "internet" has the
same
meaning as in section 3517.106 of the Revised Code. (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 this 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, 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. (W)(1) No foreign national shall, directly or indirectly through
any other person or entity, make a contribution, expenditure, or independent
expenditure or promise, either expressly or implicitly, to make a
contribution, expenditure, or independent expenditure in support of or
opposition to a candidate for any elective office in this state, including an
office of a political party. (2) No candidate, campaign committee, political action committee,
political contributing entity, legislative campaign fund, state candidate
fund, political party, or separate
segregated fund shall solicit or accept a contribution, expenditure, or
independent expenditure from a foreign national. The secretary of state
may direct any candidate,
committee, fund, entity, or party that accepts a contribution,
expenditure, or independent expenditure in violation of this
division to return the contribution, expenditure, or independent
expenditure or, if it is not possible to return the contribution, expenditure,
or independent expenditure, then to return instead the value of it, to
the contributor. (3) As used in this section, "foreign national" has the same meaning as in
section 441e(b) of the Federal
Election Campaign Act. Sec. 3517.151. (A) Before January 1, 1996, affidavits,
complaints, or reports with respect to acts or failures to act under sections
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 of the Revised Code shall be presented
to the Ohio elections commission
created under section 3517.14 of the Revised
Code. On and after January 1, 1996,
complaints with respect to acts or failures to act under the sections listed
in division (A) of
section 3517.153 of the Revised Code shall be filed with
the Ohio elections commission created under section
3517.152 of the Revised Code. (B)(1) If a complaint filed with the
Ohio elections commission created under section 3517.152
of the Revised Code alleges an act or failure to
act that occurred before the effective date of this section
August 24, 1995, and the commission imposes a fine,
sections 3599.99 3517.99 and 3599.991 3517.991
of the Revised
Code, and not sections 3599.992 3517.992 and 3599.993
3517.993 of the
Revised Code, shall apply. (2) If a complaint filed with the Ohio
elections commission created under section 3517.152 of the
Revised Code alleges an act or failure to act
that is a violation of section 3517.13 of the Revised
Code, divisions (A) through to (R) of that
section apply to the act or failure to act if it occurred before
the effective date of this section August 24,
1995, and divisions (A) through to (U) of that
section apply to the act or failure to act if
it occurs on or after the effective date of this section
August 24, 1995, but before July 13, 1998,
divisions
(A) to (V) of that section apply to the act or failure to
act if it occurs on or after July 13, 1998, but before the effective
date of this amendment, and divisions (A) to (W) of that
section apply to the act or failure to act if it occurs on or after the
effective date of this amendment. (C) The Ohio elections commission created under
section 3517.14 of the Revised Code is abolished
at the close of business on December 31, 1995. Sec. 3517.152. (A)(1) There is hereby created
the Ohio elections commission consisting of seven members. Not later than forty-five days after
August 24, 1995,
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
August 24, 1995, 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 this 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 forty-five 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 forty-five-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, with the advice and consent of the senate,
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, a county central committee, or a district, city,
township, or other committee of a political party or an
officer of the executive committee of the state central
committee, a county central committee, or a district, city,
township, or other 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, 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,
a
political action committee, or a political contributing entity. (G)(1) The members of the commission shall elect a
chairperson and a
vice-chairperson. At no time shall the
chairperson and vice-chairperson be
affiliated with the same political party. The
chairperson shall serve in that capacity for
one year and shall not serve as chairperson more than
twice during a term as a member of the commission. No two
successive chairpersons shall be affiliated with the
same political party. (2) The commission shall meet at the call of the
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. 3517.154. (A)(1) The full-time attorney
for the Ohio elections commission shall review each
complaint filed with the commission under section 3517.153 of the
Revised Code, shall determine the nature of the
complaint, and, unless division (A)(2)(a)
of this section requires that the complaint receive an automatic
expedited hearing, shall make a recommendation to the commission for
its disposition, in accordance with this section. The attorney
shall make the determination and the recommendation, if required,
not later than one business day after the complaint is filed. (2)(a) If the attorney determines that the
complaint sets forth a violation of division (B) of
section 3517.21 or division (B) of section 3517.22 of the Revised Code and that the
complaint is filed during one of the periods of time specified in division
(B)(1) of section 3517.156 of the Revised Code, or that the complaint sets
forth a violation
described in division (D) of section 3517.1010, of the
Revised Code, the complaint shall receive an
automatic expedited hearing under section 3517.156 of the
Revised Code. (b) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of division (G), (I), (J), (O),
(P), or (Q) of section 3517.13, division
(A) of section 3517.21, or division (A) of
section 3517.22 of the Revised Code and that the complaint is filed during
one of the periods of time specified in division (B)(1) of section
3517.156 of the Revised Code, the attorney shall
recommend to the commission that the complaint receive an
expedited hearing under section 3517.156 of the Revised
Code, and the complaint shall receive such a hearing. (c) If the attorney determines that the
complaint sets forth a failure to comply with or a violation
of a section of the Revised Code over which the commission has jurisdiction to
hear complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section,
and unless the attorney makes a determination as provided for in division
(A)(3) of this section, the attorney shall recommend to the
commission that the complaint be submitted to the commission
under section 3517.155 of the Revised Code.
After the attorney makes that recommendation, the attorney shall notify
all parties to the complaint of the attorney's recommendation. (3)(a) If a complaint sets forth a failure to
comply with or a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and
(b) of this section and if the complaint is filed during one of the periods
of time specified in division (B)(1) of section 3517.156 of the Revised Code,
the attorney may determine that
the complaint should receive an
expedited hearing under that section 3517.156 of the Revised
Code. The attorney shall make that determination by
considering one or more of the following: (i) The number of prior failures to comply with
or violations of Title XXXV of the Revised Code that the person or entity
against whom the
complaint has been brought has committed and any prior penalties
the commission has imposed on the person or entity; (ii) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code or an addendum required to be filed under section
3517.11 of the Revised Code that is filed late,
how late the filing is and how much time has elapsed between the
deadline for filing the statement or addendum and the filing of
the complaint; (iii) If the complaint involves contributions
or expenditures required to be reported under section 3517.10, division
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, or
3517.109 of
the Revised Code that are either not reported or
reported late, the number of contributions or expenditures not
reported or how late they were reported; (iv) If the complaint involves contributions
required to be reported by a campaign committee under section
3517.10, division (E) of section 3517.102, or section 3517.105,
3517.107, 3517.108, or 3517.109 of the Revised Code that are
not
reported, whether any of the contributors of the contributions
not reported have a personal or professional relationship with
the campaign committee's candidate; (v) If the complaint involves a statement
required to be filed under section 3517.10, division (E) of section
3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109 of
the Revised
Code that is incomplete, the degree to which it is
incomplete; (vi) If the complaint involves the receipt of
contributions in violation of section 3599.03 of the
Revised Code, the dollar amount and number of
contributions received in violation of that section; (vii) If the complaint involves a failure to
make the identification or a misstatement of the identification
required under section 3517.105 or 3517.20 of the Revised
Code, whether the failure or misstatement was purposely made; (viii) If the complaint sets forth a failure to comply
with or a violation of a section of the Revised Code described in division
(A)(2)(c) of this section, whether the person or
entity against whom the complaint has been made has committed more than one
such failure or violation within a reasonable amount of time, or whether the
cumulative nature
of the failures or violations indicates a systematic disregard
for the law. (b) Prior to making a determination under division
(A)(3)(a) of this section that the
complaint should receive an
expedited hearing under section 3517.156
of the Revised Code, the attorney shall take into
consideration the number of
panels of the commission that have cases pending before them
and the number of cases pending before the panels and shall not
make a determination that will place an undue burden on a
panel of the commission. (c) If the attorney
determines that the
complaint should receive an expedited hearing
under section 3517.156 of the Revised Code,
the attorney shall recommend to the commission that the complaint receive
an expedited hearing, and, if a majority of the members of the commission
agrees with the recommendation, the complaint shall receive an expedited
hearing under that section. (4) The attorney may join two or more complaints if the attorney
determines that the allegations in each complaint are of the same
or similar character, are based on the same act or failure to
act, or are based on two or more acts or failures to act
constituting parts of a common scheme or plan. If one complaint
contains two or more allegations, the attorney may separate the
allegations if they are not of the same or similar character,
if they are not based on the same act or failure to act, or if
they are not based on two or more acts or failures to act
constituting parts of a common scheme or plan. If the attorney
separates the allegations in a complaint, the attorney may make separate
recommendations under division (A)(2) or (3) of this
section for each allegation. (B) Whenever a person or other entity files a
complaint with the commission setting forth a failure to comply
with or a violation of a section of the Revised Code as described in division
(A)(2)(c) of this section and the complaint is filed during one of the
periods of time specified in division (B)(1) of section 3517.156
of the Revised Code, the person or
entity may request an expedited hearing under that section 3517.156
of the Revised Code at the time the complaint is
filed. The attorney for the commission shall inform the members
of the commission of that request at the time the attorney makes a
recommendation under division (A) of this section. The
commission may grant the request for an expedited hearing under this division
if it
determines that an expedited hearing is practicable. (C) This is an interim section effective until January
1, 2000.
Sec. 3517.155. (A)(1) Except as otherwise
provided in division (B) of this section, the
Ohio elections commission shall hold its first hearing on
a complaint filed with it, other than a complaint that receives
an expedited hearing under section 3517.156 of the
Revised Code, not later than ninety business days
after the complaint is filed unless the commission has good cause
to hold the hearing after that time, in which case it shall hold
the hearing not later than one hundred eighty business days after
the complaint is filed. At the hearing, the commission shall
determine whether or not the failure to act or the violation
alleged in the complaint has occurred and shall do only one of
the following, except as otherwise provided in division
(B) of this section or in division (B)
of section 3517.151 of the Revised Code: (a) Enter a finding that good cause has been shown not
to impose a fine or not to refer the matter to the appropriate
prosecutor; (b) Impose a fine under section 3517.993 of the
Revised Code; (c) Refer the matter to the appropriate prosecutor; (d) Direct the secretary of state or appropriate board of
elections with the authority to certify a candidate to the ballot to remove a
candidate's name from the ballot if the candidate is barred from the ballot
under division (D) of section 3517.1010 of the Revised Code. (2) As used in division (A) of this
section, "appropriate prosecutor" means a prosecutor as
defined in section 2935.01 of the Revised Code
and either of the following: (a) In the case of a failure to comply with or
a violation of law involving a campaign committee or the
committee's candidate, a political party, a legislative campaign fund,
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. 3517.156. (A) If a complaint filed with
the Ohio elections commission is to receive an expedited
hearing pursuant to section 3517.154 of the Revised
Code, a panel of at least three members of the commission
shall hold a
hearing on the complaint to determine whether there is probable
cause to refer the matter to the full commission for a hearing
under section 3517.155 of the Revised Code. Not more than
one-half of the members of a panel shall be affiliated with the same political
party. The chairman chairperson of the commission shall call
for the selection of a panel, as needed, and shall select the members of the
panel by lot. (B)(1) Except as otherwise provided
in section 3517.154 of the Revised Code and
division divisions (B)(2) and (3) of this
section, the
panel shall hold one expedited hearing on a complaint forwarded to
it by the commission for an expedited hearing in accordance with this
division. If a complaint is filed on or after the sixtieth day prior to a
primary or special election or on or after the ninetieth day prior to the
general election, but not later than the day of the primary, special, or
general
election to which the complaint relates, the hearing shall be held not
later than two
business days after the complaint determination required to be made
under division (A) of section 3517.154 of the Revised Code is filed
made, unless the panel has
good cause to hold the hearing after that time, in which case it
shall hold the hearing not later than seven business days after
the complaint that determination is filed made
All members of the panel shall be present before any
official action may be taken, and a majority vote of the panel is
required for any official action. (2) The commission shall hold a hearing on a complaint that is filed prior
to the periods of time specified in division (B)(1) of this section,
or filed after the date of the election to which the complaint relates, at the
times specified for hearing complaints in section 3517.155 of the Revised Code. (3) The deadlines provided for in division
(B)(1) of this section may be extended
by agreement of all parties to the complaint but shall not be
extended beyond the deadlines provided for in division
(A) of section 3517.155 of the Revised
Code. (C) At the expedited hearing held under division (B)(1) of this
section, the panel shall make only
one of the following determinations: (1) There is no probable cause to believe that the
failure to comply with or the violation of a law alleged in the
complaint has occurred. If the panel so determines, it shall
dismiss the complaint. (2) There is probable cause to believe that the failure
to comply with or the violation of a law alleged in the complaint
has occurred. If the panel so determines, it shall refer the
complaint to the full commission, and the commission shall hold a
hearing on the complaint under section 3517.155 of the
Revised Code not later than ten days after the
complaint is referred to it by the panel. (3) The evidence is insufficient for the panel to make
a determination under division (C)(1) or (2) of this
section and further investigation of the complaint is
necessary. If the panel so determines, it immediately shall
request that an investigatory attorney investigate the complaint, and
an investigatory attorney shall make an investigation in
order to produce sufficient evidence upon which to decide the
matter. If the panel requests that an investigatory attorney
make an investigation, the complaint shall be referred to the
full commission, and the commission shall hold a hearing on the
complaint under section 3517.155 of the Revised
Code. (D) No panel of the commission shall impose a
fine. (E) If the panel dismisses the complaint under
division (C)(1) of this section, the person who made the
complaint may petition the full commission to reconsider the
dismissal at a hearing under section 3517.155 of the Revised
Code. A petition for reconsideration shall be filed not
later than two business days after the dismissal of the complaint. The
commission
shall render its decision on the petition not later than three
business days after receiving the petition. If the petition for
reconsideration is granted, the commission shall hold a hearing on the
complaint under section 3517.155 of the Revised Code
not later than five business days after granting the petition. If the petition for reconsideration is not granted, the commission shall
order the person who filed the complaint to pay reasonable attorney's fees and
to pay the costs of the panel that dismissed the complaint as determined by a
majority of the members of the commission. The costs paid to the commission
under this division shall be deposited into the Ohio elections
commission fund. (F) As used in this section, "expedited hearing" includes an
automatic expedited hearing as prescribed in section
3517.154 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)(a) 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 transferred or
contributed in excess of the amount permitted by those divisions
that division, as applicable. (b) 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 section 3517.102 of the Revised
Code shall be fined an amount equal to three times the amount
transferred or contributed in excess of the amount permitted by that
division, as applicable. (5)(c) 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.
(5) Any political party that violates division (B)(4) 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)(I)(1), (2), (3),
(4), and (5) of this section, no fine shall be imposed violation of
division (B) of section 3517.102 of the
Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the
excess amount transferred or contributed in excess of the
amount permitted by that division 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 (I)(1), (2), (3), (4), or
(5) of this section, whichever is
applicable, and the excess is completely refunded within ten on
or before the tenth business days day after notification to
the recipient of the excess transfer or contribution by the board of
elections or the secretary of state that a transfer or 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 (J)(1), (2), (3), and (4) of
this section, no fine shall be imposed violation of division
(C) of section 3517.102 of the Revised Code occurs,
and the secretary of state shall not refer parties to the Ohio
elections commission, if the amount transferred or contributed
in excess of the amount permitted to be accepted by that
division
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 (J)(1), (2), (3), or (4),
whichever is applicable, and the excess is completely refunded within
ten on or before the tenth business days day after
notification to the recipient of the excess transfer or contribution by
the
board of elections or the secretary of
state that a transfer or 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.
(X) Any campaign committee that fails to file the declaration of
filing-day finances required by division (F) of section 3517.109 or
the declaration of primary-day finances or declaration of year-end finances
required by division (E) of section 3517.1010 of the Revised
Code shall be fined twenty-five dollars for each day of
violation. (Y) Any campaign committee that fails to dispose of excess funds
or excess aggregate contributions under division (B) of section
3517.109 of the Revised Code in the manner required by division (C) of that section
or under division (B) of section 3517.1010 of the Revised Code in the manner
required by division (C) of that section shall give to the treasurer
of state for
deposit into the Ohio elections commission fund created under
division (E)(2)(b) of section 3517.102 of the
Revised Code
all funds not disposed of pursuant to those divisions. (Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign fund, political
party, or other entity that
violates any provision of sections 3517.09 to 3517.12 of the Revised
Code for which no penalty is provided for under any other division of
this section shall be fined not more than one thousand
dollars. (AA)(1) Whoever knowingly violates division (W)(1) of
section
3517.13 of the Revised Code shall be fined an amount equal
to
three times the amount contributed, expended, or promised in violation of that
division or ten thousand dollars, whichever amount is
greater. (2) Whoever knowingly violates division (W)(2) of section 3517.13
of the Revised Code shall be fined an amount equal to three
times the amount solicited or accepted in violation of that division or ten
thousand dollars, whichever amount is greater. Sec. 3517.993. This section authorizes the establishment
of fines that may be imposed only with respect to acts or
failures to act that occur on and after the effective date of this
section August 24, 1995. (A) Except as otherwise provided in division
(D)(2) of section 3517.155 of the Revised Code, the Ohio elections
commission may impose administrative fines under division
(A)(1)(b) of section 3517.155 of the Revised
Code in accordance with the amounts set forth under
section sections 3517.992, 3599.03,
and 3599.031 of the Revised Code. (B) The commission may suspend all or part of
a fine it imposes under this section upon whatever terms and
conditions the commission considers just. (C)(1) The commission shall consider any of the
following circumstances in determining whether to impose a
maximum fine under this section: (a) Whether the violator has been found guilty
of any other violation of Title XXXV of the Revised Code; (b) Whether the violation was made knowingly or purposely; (c) Whether any relevant statements, addenda,
or affidavits required to be filed have not been filed; (d) Whether the violator has any outstanding
fines imposed for a violation of Title XXXV of
the Revised Code; (e) Whether the violation occurred during the
course of a campaign. (2) The commission shall consider any of the following
circumstances in determining whether to impose a minimal fine
or no fine
under this section: (a) Whether the violator previously has not
been found guilty of any other violation of Title
XXXV of the Revised Code; (b) Whether the violator has promptly corrected
his the violator's violation; (c) Whether the nature and circumstances of the
violation merit a minimum fine; (d) Whether there are substantial grounds
tending to excuse or justify the violation, although failing to
establish a defense to the violation; (e) Whether the violation was not purposely committed. (3) The circumstances set forth in divisions
(C)(1) and (2) of this section shall be considered by,
but shall not control the decision of, the commission in imposing
a fine. (D) Fines imposed by the commission under this section shall be
paid into the Ohio elections commission fund. SECTION 2 . That existing sections 3517.10, 3517.102, 3517.103,
3517.105, 3517.106, 3517.109, 3517.1010, 3517.11, 3517.13, 3517.151,
3517.152, 3517.154, 3517.155, 3517.156, 3517.992, and 3517.993 of
the Revised Code are hereby repealed.
SECTION 3 . The versions of sections 3517.10, 3517.102, 3517.103, 3517.154,
3517.155, and 3517.992 of the Revised Code that are scheduled to take effect
January 1, 2000, are hereby repealed. This repeal is intended to permit
continued operation of sections 3517.10, 3517.102, 3517.103, 3517.154,
3517.155, and 3517.992 of the Revised Code as they result from Sections 1 and
2 of this act.
SECTION 4 . That Section 7 of Am. Sub. S.B. 116 of the 122nd
General Assembly is hereby repealed. The intent of this section
is to remove the limitation imposed by the repeal of section
3517.1010 of the Revised Code in Section 7 of that act upon the continued
existence of section 3517.1010 of the Revised Code on and after the effective
date of this act. The
intent of this section is not affected by the rule of construction
contained in section 1.57 of the Revised Code.
SECTION 5 . This act is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. The reason for the necessity is that
immediate action is required in order to maintain current
provisions of the campaign finance law enacted by Am. Sub. S.B.
116 of the 122nd General Assembly pertaining to the use of
personal funds and carry-in contribution limits that otherwise
will be repealed on January 1, 2000, if this act does not take
effect immediately. Therefore, this act shall go into immediate effect.
|