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.
|
As Reported by House Technology and Elections Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 119 |
REPRESENTATIVES AMSTUTZ-LOGAN-SULZER-MAIER-SYKES-
WILLIAMS-OLMAN-FLANNERY-FORD-TRAKAS-BENDER
A BILL
To amend sections 3517.10, 3517.105, 3517.106, and 3517.11 of
the Revised Code
to permit, effective January 1, 2000, the electronic filing of
statements of contributions and expenditures of campaign
committees of candidates for statewide office or the office of
member of the General Assembly, political action committees and
political contributing entities that file statements with the
Secretary of State, legislative campaign funds, and state
political parties and the electronic filing of certain individual,
partnership, or other entity statements of independent expenditures; to
require, effective January 1, 2000, the
electronic filing of statements of contributions and
expenditures of campaign committees of candidates for statewide
office if the total contributions or expenditures for a
reporting period exceed $10,000; to require, effective January 1, 2002, the
electronic
filing of statements of contributions and expenditures of
campaign committees of candidates for the General Assembly,
political action committees and political contributing entities
that file statements with the Secretary of State, legislative
campaign funds, and state political parties if the total
contributions or expenditures exceed $10,000 for the reporting
period; to require, effective January 1, 2002, the electronic
filing of statements of individuals and certain entities that
make independent expenditures for or against statewide
candidates or statewide issues if the
total independent expenditures exceed $10,000 for a reporting period; to
require, effective on those applicable dates, the Secretary of State to make
available on the internet contribution and expenditure information from all
statements filed electronically or otherwise by those individuals, committees,
or entities; and to maintain the provisions of this act on and after January
1, 2000, by amending the version of section 3517.10 of the Revised Code that
takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.10, 3517.105, 3517.106, and
3517.11 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 OR BY ELECTRONIC MEANS OF TRANSMISSION
AS PROVIDED IN THIS SECTION AND 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 PREPRIMARY 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. ON AND AFTER
JANUARY 1, 2000, 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 ELECTRONICALLY FILED 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 ELECTRONICALLY, 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 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 THE
ELECTRONIC TRANSMISSION OF STATEMENTS REQUIRED OR PERMITTED TO
BE FILED ELECTRONICALLY UNDER DIVISION (A) OF THIS SECTION AND
DIVISIONS (E), (F), AND (G) 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.
(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 ACKNOWLEDGING AND PRESERVING THE RECEIPT OF STATEMENTS
THAT ARE ELECTRONICALLY TRANSMITTED 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 ELECTRONICALLY
FILED.
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E),
(F), (G), AND (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.
(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. 3517.105. (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, JUSTICE OF THE SUPREME COURT, AND MEMBER OF
THE STATE BOARD OF EDUCATION.
(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, OR OTHER ENTITIES THAT MAKE
INDEPENDENT EXPENDITURES IN SUPPORT OF OR OPPOSITION TO A
STATEWIDE CANDIDATE OR A STATEWIDE BALLOT ISSUE OR
QUESTION AND THAT ARE REQUIRED TO FILE A STATEMENT OF
INDEPENDENT EXPENDITURES UNDER DIVISION
(B)(2)(b)OR (C)(2)(b)
OF SECTION 3517.105 OF THE
REVISED
CODE;
(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, 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) ON AND AFTER
JANUARY 1, 2000, 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.
WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE SPECIFIED IN DIVISION
(A) OF SECTION 3517.10 OF THE REVISED
CODE FOR THE APPLICABLE
STATEMENT, 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 ALL STATEMENTS FILED BY A
CAMPAIGN COMMITTEE OF A CANDIDATE FOR STATEWIDE
OFFICE BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER DIVISION
(E)(1) OF THIS SECTION OR SECTION 3517.10 of the Revised Code. IF
AN ELECTRONICALLY
FILED STATEMENT 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 TEN
BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A CANDIDATE FOR STATEWIDE OFFICE
FILES AN ADDENDUM TO THE
STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION
UNDER DIVISION
(E)(1) OF THIS SECTION 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, ON AND AFTER
JANUARY 1, 2000, 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.
IF A STATEMENT IS FILED ELECTRONICALLY UNDER DIVISION
(E)(2) OF THIS SECTION, WITHIN
FIVE BUSINESS DAYS AFTER THE FILING DEADLINE SPECIFIED IN
DIVISION (A) OF SECTION 3517.10
OF THE REVISED
CODE FOR THE APPLICABLE
STATEMENT, 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 ALL STATEMENTS 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 BY ELECTRONIC OR OTHER
MEANS OF TRANSMISSION UNDER DIVISION (E)(2) OF THIS SECTION OR
SECTION 3517.10 of the Revised Code. IF AN
ELECTRONICALLY FILED STATEMENT 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 TEN BUSINESS DAYS AFTER 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 FILES AN
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS
OF TRANSMISSION UNDER
DIVISION (E)(2) OF THIS SECTION 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) 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 THE FILING DEADLINE
SPECIFIED IN DIVISION (A) OF
SECTION 3517.10 OF THE REVISED
CODE FOR THE APPLICABLE
STATEMENT, 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
ALL STATEMENTS 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 BY ELECTRONIC OR OTHER
MEANS OF TRANSMISSION UNDER
DIVISION
(E)(3) OF THIS SECTION OR SECTION 3517.10 of the Revised Code. IF AN ELECTRONICALLY
FILED
STATEMENT 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 TEN BUSINESS DAYS AFTER 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 FILES AN
ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS
OF TRANSMISSION UNDER
DIVISION (E)(3) OF THIS SECTION 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)(a) SUBJECT TO DIVISION
(F)(2)(a) OF THIS SECTION, ON AND AFTER JANUARY
1, 2000, 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. IF A STATEMENT IS FILED
ELECTRONICALLY UNDER DIVISION
(F)(1)(a) OF THIS
SECTION, WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE
SPECIFIED IN DIVISION (A) OF
SECTION 3517.10 OF THE REVISED
CODE FOR THE APPLICABLE
STATEMENT, 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
ALL STATEMENTS FILED BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF
MEMBER OF THE GENERAL ASSEMBLY BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION
UNDER DIVISION (F)(1)(a) OF THIS SECTION OR SECTION
3517.10 of the Revised Code. IF AN
ELECTRONICALLY FILED STATEMENT 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 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 TEN
BUSINESS DAYS AFTER A CAMPAIGN COMMITTEE OF A CANDIDATE
FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY FILES AN ADDENDUM TO THE
STATEMENT OR AN AMENDED STATEMENT BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION
UNDER DIVISION
(F)(1)(a) OF THIS SECTION 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.
(b) 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 ELECTRONICALLY PURSUANT TO DIVISION
(F)(1)(a) 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
ELECTRONICALLY FILED STATEMENT, ADDENDUM, OR AMENDED STATEMENT IN THE FORMAT
THAT THE SECRETARY OF STATE SHALL PRESCRIBE.
(2)(a) ON AND AFTER
JANUARY 1, 2002, 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 OFFICE OF THE SECRETARY OF STATE 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. WITHIN FIVE BUSINESS DAYS AFTER THE FILING DEADLINE
SPECIFIED IN DIVISION (A) OF
SECTION 3517.10 OF THE REVISED
CODE FOR THE APPLICABLE
STATEMENT, 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
ALL STATEMENTS FILED BY A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF
MEMBER OF THE GENERAL ASSEMBLY BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION
UNDER DIVISION
(F)(2)(a)
OF THIS SECTION OR SECTION 3517.10 of the Revised Code. IF AN
ELECTRONICALLY FILED STATEMENT 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
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 TEN BUSINESS DAYS
AFTER A CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE OFFICE OF MEMBER OF THE
GENERAL ASSEMBLY FILES AN ADDENDUM TO THE STATEMENT OR AN AMENDED STATEMENT BY
ELECTRONIC OR OTHER
MEANS OF TRANSMISSION UNDER DIVISION (F)(2)(a) OF
THIS SECTION 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.
(b) THE CAMPAIGN COMMITTEE OF A
CANDIDATE FOR THE OFFICE OF MEMBER OF THE GENERAL ASSEMBLY THAT
FILES A STATEMENT OF CONTRIBUTIONS AND EXPENDITURES, AN
ADDENDUM TO THE STATEMENT, OR AN AMENDED STATEMENT BY ELECTRONIC MEANS OF
TRANSMISSION
UNDER DIVISION (F)(2)(a) OF THIS SECTION 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
ELECTRONICALLY FILED STATEMENT, ADDENDUM, OR AMENDED STATEMENT IN THE FORMAT
THAT THE SECRETARY OF STATE SHALL PRESCRIBE.
(G)(1) SUBJECT TO DIVISION (G)(2) OF THIS SECTION, ON
AND AFTER
JANUARY 1, 2000, 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 THE FILING DEADLINE FOR THE APPLICABLE STATEMENT
AS PROVIDED IN DIVISION (B)(2)(b) OR
(C)(2)(b) OF SECTION 3517.105
OF THE REVISED CODE, 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 ALL STATEMENTS FILED BY AN INDIVIDUAL, PARTNERSHIP, OR OTHER
ENTITY BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION UNDER THIS DIVISION OR
DIVISION
(B)(2)(b) OR
(C)(2)(b) OF
SECTION 3517.105 OF THE REVISED
CODE. IF AN ELECTRONICALLY FILED
STATEMENT 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 TEN BUSINESS DAYS AFTER AN INDIVIDUAL,
PARTNERSHIP, OR OTHER ENTITY DESCRIBED IN DIVISION
(B)(2)(b) OR
(C)(2)(b) OF SECTION 3517.105 OF
THE REVISED CODE FILES 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) 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 THE FILING
DEADLINE FOR THE APPLICABLE STATEMENT AS PROVIDED IN DIVISION
(B)(2)(b) OR
(C)(2)(b) OF SECTION 3517.105 OF THE REVISED
CODE, 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 ALL
STATEMENTS FILED
BY AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY BY ELECTRONIC OR OTHER MEANS
OF TRANSMISSION
UNDER THIS DIVISION OR DIVISION (B)(2)(b) OR
(C)(2)(b) OF SECTION 3517.105 of the Revised Code. IF AN
ELECTRONICALLY FILED STATEMENT 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 TEN BUSINESS DAYS AFTER
AN INDIVIDUAL, PARTNERSHIP, OR OTHER ENTITY DESCRIBED IN DIVISION
(B)(2)(b) OR (C)(2)(b) OF
SECTION 3517.105 of the Revised Code FILES 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 DIVISION (H)(1) OF THIS SECTION
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 DIVISION (H)(2)
OF THIS SECTION 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.
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 SUBJECT TO 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.
(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, EXCEPT WHEN THE STATEMENT, ADDENDUM, AMENDMENT, OR OTHER
CORRECTION TO THE STATEMENT IS ELECTRONICALLY FILED WITH THE SECRETARY OF
STATE PURSUANT TO SECTION 3517.106 of the Revised Code.
(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 REPORTING 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, 2000, THE SECRETARY OF STATE SHALL EXAMINE FOR
COMPLETENESS AND ACCURACY STATEMENTS THAT
ARE ELECTRONICALLY FILED BY CAMPAIGN COMMITTEES OF CANDIDATES FOR THE OFFICE
OF MEMBER OF THE GENERAL ASSEMBLY PURSUANT TO SECTION 3517.106
of the Revised Code. If
an officer at the board of elections where a statement of that
type was submitted finds the statement to be incomplete or
inaccurate, the officer shall immediately notify the
secretary of state of
its incomplete or inaccurate nature. If either an officer at the
board of elections or the secretary of state finds a statement of
that type to be incomplete or inaccurate, only the
secretary of state shall send the notification as to the incomplete or
inaccurate nature of the statement. Within twenty-one days
after
receipt of 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 PURSUANT TO SECTION 3517.106 OF THE
REVISED CODE, THE RECIPIENT OF THE
NOTICE DESCRIBED IN DIVISION (B)(3)(a) OF THIS
SECTION FILE BY ELECTRONIC MEANS OF TRANSMISSION
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
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 ELECTRONIC FILING OF STATEMENTS OF CONTRIBUTIONS AND EXPENDITURES AND
STATEMENTS OF INDEPENDENT EXPENDITURES APPLY TO
THE ELECTRONIC FILING OF ADDENDA, AMENDMENTS, OR OTHER CORRECTIONS TO THOSE
STATEMENTS AND THE ELECTRONIC FILING OF AMENDED STATEMENTS.
(b) WITHIN TEN BUSINESS DAYS AFTER THE FILING WITH THE SECRETARY
OF STATE, BY ELECTRONIC OR OTHER MEANS OF TRANSMISSION, OF AN ADDENDUM,
AMENDMENT, OR OTHER CORRECTION TO A STATEMENT OR OF 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 DIVISION
(B)(3)(b) OF THIS SECTION, "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.
Section 2. That existing sections 3517.10, 3517.105, 3517.106, and 3517.11 of
the Revised Code are hereby repealed.
Section 3. That section 3517.10 of the Revised Code, as amended by Am. Sub.
S.B. 134 of the 122nd General Assembly, 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 OR BY ELECTRONIC MEANS OF TRANSMISSION
AS PROVIDED IN THIS SECTION AND 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.
During the period beginning on
the nineteenth day before the general election in which a
statewide candidate seeks election to office and extending through the day of
that general election, each time the campaign committee of the joint
candidates for the offices of governor and
lieutenant governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period to equal or exceed two thousand five hundred dollars and each time
the campaign
committee of a candidate for the office of chief justice or
justice of the supreme court receives a contribution from a
contributor that causes the aggregate amount of contributions
received from that contributor during that period to exceed five
hundred dollars, the campaign committee
shall file a two-business-day statement reflecting that
contribution.
The two-business-day statement shall be filed not
later than two business days after receipt of the contribution. The
statements required by this paragraph shall be filed in
addition to any other statements required by this section.
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 ELECTRONICALLY FILED 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 ELECTRONICALLY, 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 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 THE
ELECTRONIC TRANSMISSION OF STATEMENTS REQUIRED OR PERMITTED TO
BE FILED ELECTRONICALLY UNDER DIVISION (A) OF THIS SECTION AND
DIVISIONS (E), (F), AND
(G) 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.
(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 ACKNOWLEDGING AND PRESERVING THE RECEIPT OF STATEMENTS
THAT ARE ELECTRONICALLY TRANSMITTED 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 ELECTRONICALLY
FILED.
(7) THE SECRETARY OF STATE, PURSUANT TO DIVISIONS (E),
(F), (G), AND (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.
(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 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 this 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.
Section 4. That all existing versions of section 3517.10 of the Revised Code
are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect January 1, 2000.
|