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Am. Sub. S. B. No. 115 As Passed by the House
As Passed by the House
126th General Assembly | Regular Session | 2005-2006 |
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Senator Jacobson
Representatives Carano, Cassell, Domenick, D. Evans, Faber, Flowers, McGregor, Otterman, Reidelbach, Seaver, Setzer, G. Smith, Widowfield, Williams, Wolpert
A BILL
To amend sections 102.03, 2921.01, 2921.43, 3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152, 3517.155, 3517.20, 3517.23, and 3517.992 of the Revised Code to establish political contributing entities for the purpose of the Campaign Finance Law and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.03, 2921.01, 2921.43, 3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152, 3517.155, 3517.20, 3517.23, and 3517.992 of the Revised Code be amended to read as follows:
Sec. 102.03. (A)(1) No present or former public official
or
employee shall, during public employment or service or for
twelve
months thereafter, represent a client or act in a
representative
capacity for any person on any matter in which the
public
official
or employee personally participated as a public
official or
employee
through decision, approval, disapproval,
recommendation,
the rendering of
advice, investigation, or other
substantial
exercise of administrative
discretion. (2) For twenty-four months after the conclusion of
service,
no former commissioner or attorney examiner of the
public
utilities commission shall represent a public utility, as
defined
in section 4905.02 of the Revised Code, or act in a
representative
capacity on behalf of such a utility before any
state board,
commission, or agency. (3) For twenty-four months after the conclusion of
employment or service, no former public official or employee who
personally participated as a public official or employee through
decision, approval, disapproval, recommendation, the rendering of
advice, the development or adoption of solid waste management
plans, investigation, inspection, or other substantial exercise
of
administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or
operator
of a facility, as defined in section 3734.01 of the
Revised Code,
or who is an applicant for a permit or license for
a facility
under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee. (4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee
of
the general assembly, or the controlling board. Division
(A)(4)
of this section does not apply to or affect a person who
separates
from service with the general assembly on or before
December 31,
1995. As used in division (A)(4) of this section
"person" does
not include any state agency or political
subdivision of the
state. (5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions,
or
constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person. (6) Nothing contained in division (A) of this section
shall
prohibit, during such period, a former public official or
employee
from being retained or employed to represent, assist, or
act in a
representative capacity for the public agency by which
the public
official or employee was employed or on which
the public official
or employee served. (7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents. (B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties
that
is confidential because of statutory provisions, or that
has been
clearly designated to the public official or employee as
confidential when that
confidential designation is warranted
because of the status of
the proceedings or the circumstances
under which the information
was received and preserving its
confidentiality is necessary to
the proper conduct of government
business. (C) No public official or employee shall participate
within
the scope of duties as a public official or employee,
except
through ministerial functions as defined in division (A)
of this
section, in any license or rate-making proceeding that
directly
affects the license or rates of any person, partnership,
trust,
business trust, corporation, or association in which the
public
official or employee or immediate family owns or
controls more
than five per cent. No public official or employee
shall
participate within the scope of duties as a public
official or
employee, except through ministerial functions as
defined in
division (A) of this section, in any license or
rate-making
proceeding that directly affects the license or rates
of any
person to whom the public official or employee or
immediate
family, or a partnership, trust, business trust,
corporation, or
association of which the public official or employee
or the public
official's or employee's immediate family
owns or controls more
than five per cent, has sold goods or
services totaling more than
one thousand dollars during the
preceding year, unless the public
official or employee has filed
a written statement acknowledging
that sale with the clerk or
secretary of the public agency and the
statement is entered in
any public record of the agency's
proceedings. This division
shall not be construed to require the
disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code. (D) No public official or employee shall use or authorize
the use of the authority or influence of office or employment
to
secure anything of value or the promise or offer of anything
of
value that is of such a character as to manifest a substantial
and
improper influence upon the public official or employee with
respect to that person's duties. (E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or
employee with
respect to that person's duties. (F) No person shall promise or give to a public official
or
employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public
official or
employee with
respect to that person's duties. (G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a
campaign
committee, political party, legislative campaign
fund, or
political action committee, or political contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section. As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund," and
"political action committee," and "political contributing entity"
have the same meanings as in section
3517.01 of the Revised Code. (H)(1) No public official or employee, except for the
president
or other chief administrative officer of or a member of
a board of
trustees of a state institution of higher education as
defined in
section 3345.011 of the Revised Code, who
is required
to file a
financial disclosure statement under section 102.02 of
the Revised
Code shall solicit or accept, and no person shall
give to that
public official or employee, an honorarium.
Except as provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not
prohibit a
public official or employee who is required to file a
financial
disclosure statement under section 102.02 of the
Revised Code from
accepting and do not prohibit a person from
giving to that public
official or employee the payment of actual
travel expenses,
including any expenses incurred in connection
with the travel for
lodging, and meals, food, and beverages
provided to the public
official or employee at a meeting at which
the public official or
employee participates in a panel, seminar,
or speaking engagement
or provided to the public official or
employee at a meeting or
convention of a national organization to
which
any
state
agency,
including, but not limited to, any state legislative
agency
or
state institution of higher education as defined in
section
3345.011 of the Revised Code, pays membership dues. Except as provided in division (H)(2) of this section, this
division
and divisions (D), (E), and (F) of this section do not
prohibit a
public official or employee who is not required to
file
a
financial disclosure statement under section 102.02 of the
Revised
Code from accepting and do not prohibit a person from
promising or
giving to that public official or employee an
honorarium or the
payment of travel, meal, and lodging expenses
if
the honorarium,
expenses, or both were paid in
recognition of
demonstrable
business, professional, or esthetic
interests of the
public
official or employee that exist apart
from public office or
employment, including, but not limited
to, such a demonstrable
interest in public speaking and were not
paid by any person or
other entity, or by any representative or
association of those
persons or entities, that is regulated by,
doing business with, or
seeking to do business with the
department, division, institution,
board, commission, authority,
bureau, or other instrumentality of
the governmental entity with
which the public official or employee
serves. (2) No person who is a member of the board of a state retirement system, a state retirement system investment officer, or an employee of a state retirement system whose position involves substantial and material exercise of discretion in the investment of retirement system funds shall solicit or accept, and no person shall give to that board member, officer, or employee, payment of actual travel expenses, including expenses incurred with the travel for lodging, meals, food, and beverages. (I) A public official or employee may accept travel,
meals,
and lodging or expenses or reimbursement of expenses for
travel,
meals, and lodging in connection with conferences,
seminars, and
similar events related to official duties if
the travel, meals,
and lodging, expenses, or reimbursement is not
of such a character
as to manifest a substantial and improper
influence upon the
public official or employee with respect to
that person's duties.
The house of
representatives and senate, in their code of ethics,
and the Ohio
ethics commission, under section 111.15 of the
Revised Code, may
adopt rules setting standards and conditions for
the furnishing
and acceptance of such travel, meals, and lodging,
expenses, or
reimbursement. A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers
and
employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code. (J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to
that
person's duties. As used in this
division, "organization" means a
church or a religious,
benevolent, fraternal, or professional
organization that is tax
exempt under subsection 501(a) and
described in subsection
501(c)(3), (4), (8), (10), or (19) of the
"Internal Revenue Code
of 1986." This division does not apply to
a public official or
employee who is an employee of an
organization, serves as a
trustee, director, or officer of an
organization, or otherwise
holds a fiduciary relationship with an
organization. This
division does not allow a public official or
employee who is a
member of an organization to participate,
formally or informally,
in deliberations, discussions, or voting
on a matter or to use
his official position with regard to the
interests of the
organization on the matter if the public official
or employee has
assumed a particular
responsibility in the
organization with respect to the matter or
if the matter would
affect that person's personal, pecuniary
interests. (K) It is not a violation of this section for a
prosecuting
attorney to appoint assistants and employees in
accordance with
division (B) of section 309.06 and section 2921.421 of the
Revised
Code, for a chief legal officer of a municipal corporation or
an
official designated as prosecutor in a municipal corporation
to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to
appoint
assistants and
employees in accordance with sections
504.151 and 2921.421 of the Revised
Code, or for a coroner to
appoint assistants and employees in
accordance with division (B)
of section 313.05 of the Revised Code. As used in this division, "chief legal officer" has the
same
meaning as in section 733.621 of the Revised Code.
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the Revised Code: (A) "Public official" means any elected or appointed officer, or employee, or agent of the state or any political subdivision, whether in a temporary or permanent capacity, and includes, but is not limited to, legislators, judges, and law enforcement officers. (B) "Public servant" means any of the following: (2) Any person performing ad hoc a governmental function, including, but not limited to, a juror, member of a temporary commission, master, arbitrator, advisor, or consultant; (3) A person who is a candidate for public office, whether or not the person is elected or appointed to the office for which the person is a candidate. A person is a candidate for purposes of this division if the person has been nominated according to law for election or appointment to public office, or if the person has filed a petition or petitions as required by law to have the person's name placed on the ballot in a primary, general, or special election, or if the person campaigns as a write-in candidate in any primary, general, or special election. (C) "Party official" means any person who holds an elective or appointive post in a political party in the United States or this state, by virtue of which the person directs, conducts, or participates in directing or conducting party affairs at any level of responsibility. (D) "Official proceeding" means any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding. (E) "Detention" means arrest; confinement in any vehicle subsequent to an arrest; confinement in any public or private facility for custody of persons charged with or convicted of crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States; hospitalization, institutionalization, or confinement in any public or private facility that is ordered pursuant to or under the authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code; confinement in any vehicle for transportation to or from any facility of any of those natures; detention for extradition or deportation; except as provided in this division, supervision by any employee of any facility of any of those natures that is incidental to hospitalization, institutionalization, or confinement in the facility but that occurs outside the facility; supervision by an employee of the department of rehabilitation and correction of a person on any type of release from a state correctional institution; or confinement in any vehicle, airplane, or place while being returned from outside of this state into this state by a private person or entity pursuant to a contract entered into under division (E) of section 311.29 of the Revised Code or division (B) of section 5149.03 of the Revised Code. For a person confined in a county jail who participates in a county jail industry program pursuant to section 5147.30 of the Revised Code, "detention" includes time spent at an assigned work site and going to and from the work site. (F) "Detention facility" means any public or private place used for the confinement of a person charged with or convicted of any crime in this state or another state or under the laws of the United States or alleged or found to be a delinquent child or unruly child in this state or another state or under the laws of the United States. (G) "Valuable thing or valuable benefit" includes, but is not limited to, a contribution. This inclusion does not indicate or imply that a contribution was not included in those terms before September 17, 1986. (H) "Campaign committee," "contribution," "political action committee," "legislative campaign fund," and "political party," and "political contributing entity" have the same meanings as in section 3517.01 of the Revised Code. (I) "Provider agreement" and "medical assistance program" have the same meanings as in section 2913.40 of the Revised Code.
Sec. 2921.43. (A) No public servant shall knowingly
solicit or accept, and no person shall knowingly promise or give
to a public servant, either of the following: (1) Any compensation, other than as allowed by divisions
(G), (H), and (I) of section 102.03 of the Revised Code or other
provisions of law, to perform the public servant's official
duties, to perform any
other act or service in the public servant's public capacity, for
the general performance of the duties of the public servant's
public office or public employment, or as a supplement to the
public servant's public compensation; (2) Additional or greater fees or costs than are allowed
by law to perform the public servant's official duties. (B) No public servant for the public servant's own personal
or business use,
and no person for the person's own personal or business use
or for the
personal or business use of a public servant or party official,
shall solicit or accept anything of value in consideration of
either of the following: (1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency; (2) Preferring, or maintaining the status of, any public
employee with respect to compensation, duties, placement,
location, promotion, or other material aspects of employment. (C) No person for the benefit of a political party,
campaign committee, legislative campaign fund, or
political action committee, or political contributing entity
shall coerce
any contribution in consideration of either of the following: (1) Appointing or securing, maintaining, or renewing the
appointment of any person to any public office, employment, or
agency; (2) Preferring, or maintaining the status of, any public
employee with respect to compensation, duties, placement,
location, promotion, or other material aspects of employment. (D) Whoever violates this section is guilty of soliciting
improper compensation, a misdemeanor of the first degree. (E) A public servant who is convicted of a violation of
this section is disqualified from holding any public office,
employment, or position of trust in this state for a period of
seven years from the date of conviction. (F) Divisions (A), (B), and (C) of this section do not
prohibit a person from making voluntary contributions
to a
political party, campaign committee, legislative campaign fund, or
political
action
committee, or political contributing entity or prohibit a
political party, campaign committee,
legislative campaign fund, or
political action committee, or political contributing entity
from accepting voluntary
contributions.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters
that, at
the
most recent regular state election, polled
for its
candidate for
governor in the state or nominees for presidential
electors at
least five per cent of the entire vote cast for
that office or
that filed with the secretary of state, subsequent to any
election
in which it received less than five per cent of that
vote, a
petition signed by qualified electors equal in number to
at least
one per cent of the total vote for governor or nominees
for
presidential electors at the most recent
election,
declaring their
intention of organizing a political party, the
name of which shall
be stated in the declaration, and of
participating in the
succeeding primary election, held in
even-numbered years, that
occurs more than one hundred twenty
days after the date of filing.
No such group of electors shall
assume a name or designation that
is similar, in the opinion of
the secretary of state, to that of
an existing political party as
to confuse or mislead the voters at
an election. If any political party fails
to cast five per cent
of the total vote
cast at an election for the office of governor
or
president, it
shall cease to be a political party. (2) A campaign committee shall be legally liable for any debts, contracts, or expenditures incurred or executed in its name. (B) Notwithstanding the definitions found in section
3501.01
of the Revised Code, as used in this section and
sections 3517.08
to
3517.14, 3517.99, and 3517.992 of the Revised Code: (1)
"Campaign committee" means an entity that is formed by a candidate or a
combination
of two or more persons authorized by a candidate
under section
3517.081 of the Revised Code to receive
contributions and make
expenditures and that is legally liable for any debts, contracts, or expenditures incurred or executed in its name. (2)
"Campaign treasurer" means an individual appointed by
a
candidate under section 3517.081 of the Revised Code. (3)
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions,
has given consent for another to receive
contributions or make
expenditures or other use of contributions,
or appoints a campaign
treasurer, for the purpose of bringing
about the person's
nomination or election to public office.
When two persons jointly
seek the offices of governor and lieutenant governor,
"candidate"
means the pair of candidates jointly.
"Candidate" does not
include candidates for election to the
offices of member of a
county or state central committee,
presidential elector, and
delegate to a national convention or
conference of a political
party. (4)
"Continuing association" means an association, other
than a
campaign committee, political party, legislative campaign
fund, political contributing entity, or labor
organization, that
is intended to be a permanent organization that has a
primary
purpose other than supporting or opposing specific candidates,
political parties, or ballot issues, and that functions on a
regular basis
throughout the year. "Continuing association" includes organizations that are determined to be not organized for profit under subsection 501 and that are described in subsection 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. (5)
"Contribution" means a loan, gift, deposit,
forgiveness
of indebtedness, donation, advance, payment, or transfer
of funds or
anything of value, including a transfer of funds
from
an inter vivos or testamentary trust or decedent's estate, and the
payment by any
person other than the person to whom the services
are rendered
for the personal services of another person, which
contribution
is made, received, or used for the purpose of
influencing the
results of an election.
Any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any campaign committee, political action committee, legislative campaign fund, political party, political contributing entity, or person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used by a state or county political party, other than moneys a state or county political party receives from the Ohio political party fund pursuant to section 3517.17 of the Revised Code and the moneys a state or county political party may receive under sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be considered to be a "contribution" for the purpose of section 3517.10 of the Revised Code and shall be included on a statement of contributions filed under that section. "Contribution" does not
include any of the following: (a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person; (b) Ordinary home hospitality; (c) The personal expenses of a volunteer paid for by that
volunteer campaign worker; (d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section,
"political party" means only
a
major political party; (e) Any contribution as defined in section 3517.1011 of the Revised Code that is made, received, or used to pay the direct costs of producing or airing an electioneering communication; (f) Any gift given to a state or county political party for the party's restricted fund under division (A)(2) of section 3517.1012 of the Revised Code; (g) Any gift given to a state political party for deposit in a levin Levin account pursuant to section 3517.1013 of the Revised Code. As used in this division, "levin Levin account" has the same meaning as in that section.
(6)
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a contribution by a state or county political party is an expenditure and shall be considered either to be made for the purpose of influencing the results of an election or to be made as a charitable donation under division (G) of section 3517.08 of the Revised Code and shall be reported on a statement of expenditures filed under section 3517.10 of the Revised Code. During the thirty days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable, or satellite communication that refers to a clearly identified candidate shall be considered to be made for the purpose of influencing the results of that election and shall be reported as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 of the Revised Code, as applicable, except that the information required to be reported regarding contributors for those expenditures or independent expenditures shall be the same as the information required to be reported under division divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. As used in this division, "broadcast, cable, or satellite communication" and "refers to a clearly identified candidate" have the same meanings as in section 3517.1011 of the Revised Code. (7)
"Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone. (8)
"Political action committee" means a combination of
two
or more persons, the primary or major purpose of
which is
to
support or oppose any candidate, political party, or issue, or
to
influence the result of any election through express advocacy, and that is
not a political
party, a campaign committee, a political contributing entity,
or a
legislative campaign fund. "Political action committee" does not include a continuing association that makes disbursements for the direct costs of producing or airing electioneering communications and that does not engage in express advocacy. (9)
"Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and
representative. (10)
"Anything of value" has the same meaning as in
section
1.03 of the Revised Code. (11)
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists. (12)
"Campaign fund" means money or other property,
including contributions. (13)
"Public official or employee" has the same meaning as
in section 102.01 of the Revised Code. (14)
"Caucus" means all of the
members of the house of
representatives or all of the members of
the senate of the general
assembly who are members of the same
political party. (15)
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one
of the houses of the general assembly. (16)
"In-kind contribution" means anything of
value other
than money that is used to influence the results of
an election or
is transferred to or used in support of or in
opposition to a
candidate, campaign committee, legislative
campaign fund,
political party, or political action committee, or political contributing entity and
that is made with the consent of, in
coordination, cooperation,
or consultation with, or at the request
or suggestion of the
benefited candidate, committee, fund, or party, or entity. The financing of
the
dissemination, distribution, or
republication, in whole or part,
of any broadcast or of any
written, graphic, or other form of
campaign materials prepared by
the candidate, the
candidate's campaign committee, or their
authorized agents is an in-kind
contribution to the candidate and
an expenditure by the candidate. (17)
"Independent expenditure" means an
expenditure by a
person advocating the election or
defeat of an identified
candidate or candidates, that is
not made with
the consent of, in
coordination, cooperation, or consultation
with, or at the request
or suggestion of any candidate or
candidates or of the campaign
committee or agent of the candidate
or candidates. As used in
division (B)(17) of this section: (a)
"Person" means an individual,
partnership,
unincorporated business organization or association,
political
action committee, political contributing entity,
separate
segregated
fund, association, or other organization or group
of persons,
but not a labor organization or a corporation unless the labor organization or corporation is a political contributing entity. (b)
"Advocating" means any
communication containing a
message advocating election or defeat. (c)
"Identified candidate"
means that the name of the
candidate appears, a photograph or
drawing of the candidate
appears, or the identity of the
candidate is otherwise apparent by
unambiguous reference. (d)
"Made in coordination, cooperation, or
consultation
with, or at the request or suggestion of, any
candidate or the
campaign committee or agent of the
candidate" means made pursuant
to any arrangement,
coordination, or direction by the candidate,
the candidate's
campaign committee, or the candidate's agent prior
to the
publication, distribution,
display, or broadcast of the
communication. An expenditure is
presumed to be so made when it
is any of the following: (i) Based on information about the candidate's
plans,
projects, or needs provided to the person making the
expenditure
by the candidate, or by the candidate's campaign
committee or
agent, with a view toward having an expenditure
made; (ii) Made by or through any person who is, or
has been,
authorized to raise or expend funds, who is, or has
been, an
officer of the candidate's campaign committee, or who
is, or has
been, receiving any form of compensation or
reimbursement from the
candidate or the candidate's campaign
committee or agent; (iii) Except as otherwise provided in division (D) of section 3517.105 of the Revised Code, made by a political party in support of a
candidate,
unless the expenditure is made by a political party to
conduct
voter registration or voter education efforts. (e)
"Agent" means any person who has
actual oral or written
authority, either express or implied, to
make or to authorize the
making of expenditures on behalf of a
candidate, or means any
person who has been placed in a position
with the candidate's
campaign committee or organization such that
it would reasonably
appear that in the ordinary course of
campaign-related activities
the person may authorize
expenditures. (18)
"Labor organization" means a labor
union; an employee
organization; a federation of labor unions,
groups, locals, or
other employee organizations; an auxiliary of
a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in
which employees participate and that exists for
the purpose, in
whole or in part, of dealing with employers
concerning
grievances, labor disputes, wages, hours, and other
terms and
conditions of employment. (19)
"Separate segregated fund" means a
separate segregated
fund established pursuant to the
Federal Election Campaign
Act. (20)
"Federal Election Campaign Act" means
the
"Federal
Election Campaign Act
of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended. (21)
"Restricted fund" means the fund a state or county political party must establish under division (A)(1) of section 3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code. (23) "Express advocacy" means a communication that contains express words advocating the nomination, election, or defeat of a candidate or that contains express words advocating the adoption or defeat of a question or issue, as determined by a final judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section 3517.1011 of the Revised Code. (25) "Political contributing entity" means any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual or a political action committee, continuing association, campaign committee, political party, legislative campaign fund, designated state campaign committee, or state candidate fund. For purposes of this division, "lawfully" means not prohibited by any section of the Revised Code, or authorized by a final judgment of a court of competent jurisdiction.
Sec. 3517.08. (A) The personal expenses of a candidate
paid for by the candidate, from the candidate's personal
funds, shall not be considered as a contribution by or an expenditure by the
candidate and shall not be reported under section 3517.10 of the Revised Code. (B)(1) An expenditure by a political action
committee or a political contributing entity shall not be considered a
contribution by the
political action committee or the political contributing entity or an
expenditure
by or on behalf of the candidate if the purpose of the
expenditure is to inform only its members by means of mailed
publications of its activities or
endorsements. (2) An expenditure by
a political party shall not be considered a contribution by the
political party or an expenditure by or on behalf of the
candidate if the purpose of the expenditure is to inform
predominantly the party's members by means of mailed
publications or other direct communication of its activities or
endorsements, or for voter contact such as sample
ballots, absent voter's ballots application mailings, voter
registration, or get-out-the-vote activities. (C) An expenditure by a continuing association, political contributing entity, or
political party shall not be considered a contribution to any
campaign committee or an expenditure by or on behalf of any
campaign committee if the purpose of the expenditure is for the
staff and maintenance of the continuing association's, political contributing entity's, or
political party's headquarters, or for a political poll, survey,
index, or other type of measurement not on behalf of a specific
candidate. (D) The expenses of maintaining a constituent office paid
for, from the candidate's personal funds, by a candidate who
is a member of the general assembly at the time of the election shall not be
considered a contribution by or an expenditure by or on behalf of
the candidate, and shall not be reported, if the constituent
office is not used for any candidate's campaign activities. (E) The net contribution of
each social or fund-raising activity shall be calculated by
totaling all contributions to the activity minus the expenditures made for the
activity. (F) An expenditure that purchases goods or services shall
be attributed to an election when the disbursement of funds is
made, rather than at the time the goods or services are used. The secretary
of state, under the procedures of Chapter 119. of
the Revised Code, shall establish rules for the attribution of
expenditures to a candidate when the candidate is a candidate
for more than one office during a reporting period and for expenditures made
in a year in which no election is held. The secretary of
state shall
further define by rule those expenditures that are or are not by or on behalf
of a candidate. (G) An expenditure for the purpose of a charitable
donation may be made if it is made to an organization that is
exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3), 501(c)(4), 501(c)(8),
501(c)(10), or 501(c)(19) of the Internal Revenue Code or is
approved by advisory opinion of the Ohio elections commission as
a legitimate charitable organization. Each expenditure under
this division shall be separately itemized on statements made pursuant to
section 3517.10 of the Revised Code.
Sec. 3517.09. (A) No person or committee shall solicit, ask,
invite, or demand, directly or indirectly, orally or in writing,
a contribution, subscription, or payment from a
candidate for
nomination or election or from the campaign committee of that
candidate, and no person shall solicit, ask,
invite, or demand that a candidate for nomination or election or the campaign
committee of that candidate subscribe to the
support of a club or organization, buy tickets to an
entertainment, ball, supper, or other meeting, or pay for space in
a book, program, or publication. This division does not apply to any of the
following: (1) Regular advertisements in periodicals having an established circulation; (2) Regular payments to civic, political, fraternal, social, charitable, or
religious organizations of which the candidate was a member or contributor six
months before the candidate's candidacy; (3) Regular party assessments made by a party against its own
candidates. (B) No person shall coerce, intimidate, or cause harm to another
person by an act or failure to act, or shall threaten to coerce,
intimidate,
or cause harm to another person, because that other person makes
or does not
make a contribution to a candidate, campaign committee, political
party, legislative campaign fund, political action committee, political contributing entity,
or person making disbursements to pay the direct costs of producing or airing electioneering communications. (C) An employer or labor organization, directly or through another person, may obtain contributions for a candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications from an employee or member from whom the employer or labor organization was not obtaining contributions for that candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications before the effective date of this amendment March 31, 2005, on an automatic basis pursuant to a payroll deduction plan only if the employee or member who is contributing to that candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications affirmatively consents to the contribution in writing. (D) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after the effective date of this amendment March 31, 2005, pursuant to Chapter 4117. of the Revised Code.
Sec. 3517.092. (A) As used in this section: (1) "Appointing authority" has the same
meaning as in section 124.01 of the Revised
Code. (2) "State elected officer" means any person
appointed or elected to a state elective office. (3) "State elective office" means any of the
offices of governor, lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, member of the state
board of education, member of
the general assembly, and justice and chief justice of the
supreme court. (4) "County elected officer" means any person
appointed or elected to a county elective office. (5) "County elective office" means any of the
offices of county auditor, county treasurer, clerk of the court
of common pleas, sheriff, county recorder, county engineer,
county commissioner, prosecuting attorney, and coroner. (6) "Contribution" includes a contribution to any political party, campaign
committee, political action committee, political contributing entity, or legislative campaign fund. (B) No state elected officer, no campaign
committee of such an officer, and no other person or entity shall
knowingly solicit or accept a contribution
on behalf of that officer or that officer's campaign committee from any
of the following: (1) A state employee whose appointing authority is the
state elected officer; (2) A state employee whose appointing authority is
authorized or required by law to be appointed by the state
elected officer; (3) A state employee who functions in or is employed in
or by the same public agency, department, division, or office as
the state elected officer. (C) No candidate for a state elective office, no campaign
committee of such a candidate, and no
other person or entity shall knowingly solicit or
accept a contribution on behalf of that candidate or that candidate's
campaign committee from any of the following: (1) A state employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected; (2) A state employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law; (3) A state employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected. (D) No county elected officer, no campaign
committee of such an officer, and no other person or entity
shall knowingly solicit a contribution on
behalf of that officer or that officer's campaign committee from any of
the following: (1) A county employee whose appointing authority is the
county elected officer; (2) A county employee whose appointing authority is
authorized or required by law to be appointed by the county
elected officer; (3) A county employee who functions in or is employed
in or by the same public agency, department, division, or office
as the county elected officer. (E) No candidate for a county elective office, no campaign committee of such
a candidate,
and no other person or entity shall knowingly solicit a contribution on behalf
of that candidate or that candidate's campaign
committee from any of the following: (1) A county employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected; (2) A county employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law; (3) A county employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected. (F)(1) No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's
official duties or in those areas of a
public building where official business is transacted or conducted. (2) No person shall solicit a contribution from any public employee while the
public employee is performing the public employee's official
duties or is in those areas of a
public building where official business is
transacted or conducted. (3) As used in division (F) of this section, "public employee" does not
include any person holding an elective office. (G) The prohibitions in divisions (B),
(C), (D), (E), and (F) of this section are
in addition to the prohibitions in sections 124.57, 3304.22, and
4503.032 of the Revised Code.
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, and political party, and political contributing entity
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section 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, not 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; (4) The last business day of July 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 June of that year. A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate. The statement required under division (A)(1) of this
section
shall not be required of any campaign committee,
political action
committee, legislative campaign
fund, or political party, or political contributing entity that has
received
contributions of
less than one thousand dollars and has made
expenditures of less
than one thousand dollars at the close of
business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2)
of this section. If an election to select candidates to appear on the
general
election ballot is held within sixty days before a
general
election, the campaign committee of a successful
candidate in the
earlier election may file the statement required
by division
(A)(1) of this section for the general election
instead of the
statement required by division (A)(2) of this
section for the
earlier election if the pregeneral
election
statement reflects the
status of contributions and expenditures
for the period twenty
days before the earlier election to twenty
days before the general
election. If a person becomes a candidate less than twenty days
before
an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section. No statement under division (A)(3) or (4) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund, or
political party, or political contributing entity is required to
file a
postgeneral
election statement under
division (A)(2)
of this
section.
However,
such a statement may be filed, at the option
of the
campaign
committee, political action committee,
legislative
campaign fund, or
political party, or political contributing entity. No statement under division (A)(3) or (4) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, or political party, or political contributing entity has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in
its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund, or
political party, or political contributing entity shall
file a
statement to that effect, on a form prescribed under this
section
and made under penalty of election falsification, on the
date
required in division (A)(3) or (4) of this section, as applicable. 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 ten thousand 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 ten thousand 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 ten thousand 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 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. Subject to the secretary
of state
having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of this
section and division
(H)(1) of section 3517.106 of the Revised Code for the
filing
of
campaign finance statements by electronic means of transmission,
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 pre-election,
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, or political
party, or political contributing entity, including any
treasurer
of the committee, fund, or party, or entity,
filing a contribution
and expenditure statement; (2)(a) In the case of a campaign committee, the candidate's
full name and address; (b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1)
of this section. (3) The date of the election and whether it was or will be
a
general, primary, or special election; (4) A statement of contributions received, which shall
include 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, or
political
action committee, or political contributing entity
from whom
contributions are received and the
registration number assigned to
the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any statement filed by a state or local committee of a
political
party, to a finance committee of
such committee, or to a
committee recognized by a state or local
committee as its
fund-raising auxiliary. Notwithstanding
division (F) 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 political action committee, political contributing entity, legislative campaign fund, or political party that is required to file campaign finance statements by electronic means of transmission under section 3517.106 of the Revised Code or 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 and the name of the individual's business, if any; (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), (3), or (4) of this section, the full
name of the
employees' employer and the full name of the labor organization
of
which the employees are members, if any. (c) A description of the contribution received, if other
than money; (d) The value in dollars and cents of the contribution; (e) A separately itemized account of all contributions and
expenditures regardless of the amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a
contribution
transmitted pursuant to section 3599.031 of the
Revised Code from amounts
deducted from the wages and salaries of
employees if the contribution from the
amount deducted from the
wages and salary of any one employee is twenty-five
dollars or
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall
include a
description of and the value of each in-kind
contribution received at that
activity from any person who made
one or more
such contributions whose aggregate value exceeded two
hundred
fifty dollars and shall be listed separately, together
with the expenses
incurred and paid in connection with that
activity. A campaign committee,
political action committee,
legislative campaign fund, or political
party, or political contributing entity
shall keep records of contributions from each
person in the amount of
twenty-five dollars or less at one social
or fund-raising activity and
contributions from amounts deducted
under section 3599.031 of the Revised Code
from the wages and
salary of each employee in the amount of twenty-five
dollars or
less aggregated in a calendar year. No continuing association
that
is recognized by a state or local committee of a political
party as an
auxiliary of the party and that makes a contribution
from funds derived solely
from regular dues paid by members of the
auxiliary shall be required to list
the name or address of any
members who paid those dues. Contributions that are other income shall be itemized
separately from all other contributions. The information
required
under division (B)(4) of this section shall be
provided for all
other income itemized. As used in this
paragraph, "other income"
means a loan, investment
income, or interest income. (f) In the case of a campaign committee of a
state elected
officer, if a person doing business with the state elected
officer
in the officer's official capacity makes a contribution to
the
campaign committee of that officer, the information required
under
division (B)(4) of this section in regard to that
contribution,
which shall be filed together with and considered a
part of the
committee's statement of contributions as required
under division
(A) of this section but shall be filed on
a separate form provided
by the secretary of state. As used in
this division: (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, or
political
action committee, or political contributing entity to
whom the
expenditure was made and the
registration number assigned to the
political action committee under division (D)(1) of this
section; (c) The object or purpose for which the expenditure was
made; (d) The amount of each expenditure. (C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. If a statement of
contributions and expenditures is filed by electronic means of
transmission
pursuant to this
section or section 3517.106 of the
Revised Code, the
electronic signature of the person who executes
the statement and transmits
the statement by electronic means of
transmission, as
provided in division (H) of section 3517.106 of
the Revised
Code, shall be attached to or associated with the
statement and shall
be binding on all persons and for all purposes
under the campaign finance
reporting law as if the
signature had
been handwritten in ink on a printed form. (2) The person filing the statement, 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. Division (C)(5) of this section does not
apply to any
person with respect to an election to the offices of
member of a
county or state central committee, presidential
elector, or
delegate to a national convention or conference of a
political
party. (6)(a) The statements required to be filed under this
section
shall specify the balance in the hands of
the campaign
committee, political action
committee, legislative campaign fund, or
political
party, or political contributing entity and the
disposition
intended to be made of that balance. (b) The secretary of state shall prescribe the form for all
statements
required to be
filed under this section
and
shall
furnish the forms to the boards of elections in
the several
counties. The boards
of elections shall supply printed copies of
those forms without charge. The
secretary of state
shall
prescribe the appropriate methodology, protocol, and data file
structure for
statements required or permitted to
be filed by
electronic means of transmission under division (A) of
this
section,
divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of
the
Revised Code.
Subject to division (A) of this
section, divisions
(E), (F),
and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of the
Revised
Code, the statements
required to be stored on
computer by the secretary of state under
division (B) of section
3517.106 of the Revised Code
shall be
filed in whatever format
the secretary of state considers
necessary to enable
the secretary of state to store the
information contained in
the statements on computer. Any such
format shall be of a type and nature that is readily available to
whoever is
required to file the statements in that format. (c) The secretary of state shall assess the need for
training
regarding the filing of campaign finance statements by
electronic means of
transmission and regarding associated
technologies for candidates, campaign committees, political action
committees,
legislative campaign funds, or political parties, or political contributing entities,
for individuals, partnerships, or
other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, required or
permitted to file statements by
electronic means of transmission under this
section or section
3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the opinion of
the secretary
of state,
training in these areas is necessary, the
secretary of state shall arrange
for the provision of voluntary
training programs for candidates, campaign
committees, political
action committees, legislative campaign funds, or political
parties, or political contributing entities,
for individuals, partnerships,
and
other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, as appropriate. (7) Each monthly statement and each
two-business-day
statement required by
division (A) of this section shall contain
the information required by
divisions (B)(1) to (4), (C)(2), and,
if
appropriate, (C)(3) of this section. Each statement
shall be
signed as required by division (C)(1) of this section. (D)(1) Prior to receiving a contribution or making an
expenditure, every
campaign committee, political action
committee,
legislative campaign fund, or political party, or political contributing entity
shall appoint a treasurer and shall
file, on a
form prescribed by the secretary of state, a
designation of that
appointment,
including the full name and address of the treasurer
and of the
campaign committee, political
action committee,
legislative campaign fund, or political
party, or political contributing entity. That designation shall
be filed with
the
official with whom the campaign committee,
political action
committee, legislative campaign fund, or
political party, or political contributing entity is required to
file statements under
section 3517.11 of the
Revised Code. The name of a campaign
committee shall include at least the
last name of the campaign
committee's candidate. The secretary of
state shall assign a
registration number to each political action
committee that files
a designation of the appointment of a treasurer under
this division
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 this division, "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
expenditure, 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 both of the following: (a) The
manner of
immediately acknowledging, with date and time received, and
preserving the receipt of statements
that are transmitted by
electronic means of transmission to the secretary of
state
pursuant to this section or section 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the
Revised
Code;
(b) The manner of
preserving the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in the statements described in division (D)(6)(a) of this section.
The secretary of state
shall
preserve the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in those
statements for at least
ten years after the year in which they are
filed by electronic means of transmission. (7) The secretary of state, pursuant to division
(I) of
section 3517.106 of the Revised Code, shall
make available online
to the public through the internet the contribution and
expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement 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, 3517.1011, 3517.1012, 3517.1013, or 3517.11
of the Revised Code. The secretary of state
may remove the
information from the internet after a reasonable period of
time. (E)(1) Any person, political party, campaign committee,
legislative campaign fund, or
political action committee, or political contributing entity
that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall
provide the registration number assigned to the committee under
division
(D)(1) of this section to the recipient of the
contribution at the time the
contribution is made. (2) Any individual who makes a contribution that
exceeds one
hundred dollars to a political action committee, political contributing entity, legislative campaign fund, or political party or 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 and the name of the individual's business, if any, 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)(a) Except as otherwise provided in division (F)(1) of this section, "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.
(b) Except as otherwise provided in division (F)(1) of this section, 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. (c) If an
address is required in this section, a
campaign
committee, political action committee, legislative campaign fund, or
political party, or political contributing entity may use
the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund, or
political
party, or political contributing entity may be used in
addition to
that address.
(d) For the sole purpose of a campaign committee's reporting of contributions on a statement of contributions received under division (B)(4) of this section, "address" has one of the following meanings at the option of the campaign committee: (i) The same meaning as in division (F)(1)(a) of this section; (ii) All of the following, if they exist: the contributor's post-office box number and city or village, state, and zip code as used in the contributor's post-office address. (e) As used with regard to the reporting under this section of any expenditure, "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, or post-office box. If an address concerning any expenditure is required in this section, a campaign committee, political action committee, legislative campaign fund, or political party, or political contributing entity may use the business or residence address of its treasurer or deputy treasurer or its post-office box number. (2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of
secretary of state, auditor of state, treasurer of
state, attorney general,
member of the state board of education,
chief justice of the supreme court, or
justice of the supreme
court. (G) An independent expenditure shall be reported
whenever
and in the same manner that an expenditure is required to be
reported
under this section and shall be reported pursuant to
division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised
Code. (H)(1) Except as otherwise provided in division (H)(2)
of
this section, if, during the combined pre-election 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 partner of a partnership or
an owner or a member of another unincorporated business from any funds of the partnership or other unincorporated business, all of the following apply: (1) The recipient of the contribution shall report the
contribution by
listing both the partnership or other unincorporated
business and the name of the
partner, owner, or member 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, owner, or member reported under
division (I)(1) of this section. (3) No contribution from a partner of a partnership or an owner or a member of another unincorporated
business shall be
accepted from any funds of the partnership or other unincorporated business unless the recipient reports the
contribution under division (I)(1)
of this section.
(4) No partnership or other unincorporated business shall make a contribution or contributions solely in the name of the partnership or other unincorporated business.
(5) As used in division (I) of this section, "partnership or other unincorporated business" includes, but is not limited to, a cooperative, a sole proprietorship, a general partnership, a limited partnership, a limited partnership association, a limited liability partnership, and a limited liability company. (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 this section. (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 this section. 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 this section
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) 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 under divisions (A)(1), (2), (3), and (4) of this section, rather than reporting information as required under division (B)(4) of this section, including, when applicable, the name of the current employer, if any, of a contributor whose contribution exceeds one hundred dollars or, if such a contributor is self-employed, the contributor's occupation and the name of the contributor's business, if any. Division (B)(4) of this section applies to a political contributing entity with regard to contributions it receives from all other contributors.
Sec. 3517.102. (A) Except as otherwise provided in section
3517.103 of the Revised Code, as used in this section and sections
3517.103
and 3517.104 of the Revised Code: (1)
"Candidate" has the same meaning as in section 3517.01
of the Revised
Code but includes
only candidates for the offices
of governor, lieutenant governor,
secretary of state, auditor of
state, treasurer of state,
attorney general, member of the state
board of education, member of the
general assembly, chief justice
of the supreme
court, and justice of the supreme court. (2)
"Statewide candidate" or
"any one
statewide candidate" means the joint candidates for the
offices of governor and
lieutenant governor or a candidate for
the office of secretary of
state, auditor of state, treasurer of
state, attorney general,
member of the state board of education, chief justice
of the
supreme court, or justice of the
supreme court. (3)
"Senate candidate" means a candidate for
the office of
state senator. (4)
"House candidate" means a candidate for
the office of
state representative. (5)(a)
"Primary election period" for a
candidate begins on
the beginning date of the candidate's
pre-filing period specified
in division (A)(9) of section
3517.109 of the Revised Code and
ends on the day of
the primary election. (b) In regard to any candidate, the
"general
election
period"
begins on the day after the primary election immediately
preceding the general election at which the candidate seeks
an
office specified in division (A)(1) of this section and ends on
the
thirty-first day of December following that general election. (6)
"State candidate fund" means the state candidate fund
established by a
state or county political party under division
(D)(3)(c) of
section
3517.10 of the Revised Code. (7)
"Postgeneral election statement" means the statement
filed under
division (A)(2) of section 3517.10 of the Revised Code
by the campaign
committee of a candidate after the general
election in which the candidate ran
for office
or filed by
legislative campaign fund after the general election in an
even-numbered year. (8)
"Contribution" means any contribution that is required
to be reported
in the statement of contributions under section
3517.10 of the Revised Code. (9)(a) Except as otherwise provided in division (A)(9)(b) of this section and in division
(F) of section
3517.103 and division
(B)(3)(b) of section 3517.1010 of the
Revised Code,
"designated
state campaign
committee" means: (i) In the case of contributions to or from a state
political party, a
campaign committee of a statewide candidate,
statewide officeholder, senate
candidate,
house candidate, or
member of the general assembly. (ii) In the case of contributions to or from a county
political party, a
campaign committee of a senate
candidate or house candidate whose
candidacy is to be submitted to some or
all
of the electors in
that county, or member of the general assembly whose
district
contains all or part of that county. (iii) In the case of contributions
to or from a legislative
campaign fund, a campaign committee of
any of the following: (I) A senate or house candidate who, if elected, will be a
member of the same
party that established the legislative campaign
fund and the same house with
which the legislative campaign fund
is associated; (II) A state senator or state representative who is a member
of the same
party that established the legislative campaign fund
and the same house with
which the legislative campaign fund is
associated. (b) A campaign committee is no longer a "designated state campaign committee" after the campaign committee's candidate changes the designation of treasurer required to be filed under division (D)(1) of section 3517.10 of the Revised Code to indicate that the person intends to be a candidate for, or becomes a candidate for nomination or election to, any office that, if elected, would not qualify that candidate's campaign committee as a "designated state campaign committee" under division (A)(9)(a) of this section. (B)(1)(a) No individual who is seven years of age or older shall make a contribution
or
contributions aggregating more than: (i) Ten thousand dollars to the campaign
committee of any one statewide candidate in a primary election
period or in a
general election period; (ii) Ten thousand dollars to the campaign
committee of any one senate candidate in a primary election period
or in a
general election period; (iii) Ten thousand dollars to the campaign
committee of any one house candidate in a primary election period
or in a
general election period; (iv) Ten thousand dollars to a county political
party of the county in which the individual's designated Ohio residence is located
for the
party's state candidate fund in a calendar year;
(v) Fifteen thousand dollars to any
one
legislative campaign
fund in a calendar year; (vi) Thirty thousand dollars to any one state political
party for
the
party's state candidate fund in a calendar year; (vii) Ten thousand dollars to any one political action
committee
in a calendar year; (viii) Ten thousand dollars to any one political contributing entity in a calendar year. (b) No individual shall make a contribution or contributions to the state candidate fund of a county political party of any county other than the county in which the individual's designated Ohio residence is located. (c) No individual who is under seven years of age shall make any contribution. (2)(a) Subject to division (D)(1) of this section, no
political
action committee shall make a contribution or
contributions
aggregating more than: (i) Ten thousand dollars to the campaign
committee of any one statewide candidate in a primary election
period or in a
general election period; (ii) Ten thousand dollars to the campaign
committee of any one senate candidate in a primary election period
or in a
general election period; (iii) Ten thousand dollars to the campaign
committee of any one house candidate in a primary election period
or in a
general election period; (iv) Fifteen thousand dollars to any one legislative
campaign fund in a calendar year; (v) Thirty thousand dollars to any one state political
party for
the party's state candidate fund in a calendar year; (vi) Ten thousand dollars to another political
action committee or to a political contributing entity in a
calendar
year. This division does
not apply to a political action
committee that makes a contribution to a
political action
committee or a political contributing entity
affiliated with
it. For purposes of this division, a political action
committee
is affiliated with
another political action committee or with a political contributing entity if they are both established,
financed,
maintained, or controlled by, or if they are, the same
corporation, organization, labor
organization, continuing
association, or other person, including any parent,
subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person. (b) No political action committee shall make a contribution or contributions to a county political party for the party's state candidate fund. (3) No campaign committee shall make a contribution or
contributions aggregating more than: (a) Ten thousand dollars to the campaign
committee
of any one statewide candidate in a primary election
period or in a general
election period; (b) Ten thousand dollars to the campaign
committee
of any one senate candidate in a primary election period
or in a general
election period; (c) Ten thousand dollars to the campaign
committee
of any one house candidate in a primary election period
or in a general
election period;
(d) Ten thousand dollars to any one
political
action committee in a calendar year; (e) Ten thousand dollars to any one political contributing entity in a calendar year. (4)(a) Subject to division (D)(3) of this section, no
political
party shall make a contribution or contributions
aggregating more
than ten thousand dollars to any one political
action
committee or to any one political contributing entity in a
calendar
year. (b) No county political party shall make a contribution or contributions to another county political party. (5)(a) Subject to division (B)(5)(b) of this section, no campaign committee, other than a designated state
campaign committee,
shall make a contribution or contributions
aggregating in a calendar year more
than: (i) Thirty thousand dollars to any one state political
party for the party's
state candidate fund; (ii) Fifteen thousand dollars to any one legislative campaign
fund; (iii) Ten thousand dollars to any one county political party
for the party's
state candidate fund. (b) No campaign committee shall make a contribution or contributions to a county political party for the party's state candidate fund unless one of the following applies:
(i) The campaign committee's candidate will appear on a ballot in that county.
(ii) The campaign committee's candidate is the holder of an elected public office that represents all or part of the population of that county at the time the contribution is made. (6)(a) No state candidate fund of a county political party
shall
make a contribution or contributions, except a contribution
or contributions
to a designated state campaign committee, in a
primary election period or a
general election period, aggregating
more than: (i) Two hundred fifty thousand dollars to the campaign committee of any one statewide candidate;
(ii) Ten thousand dollars to the campaign
committee of
any one
senate candidate; (iii) Ten thousand dollars to the campaign
committee of any one
house candidate.
(b)(i) No state candidate fund of a state or county
political party
shall make a transfer or a contribution or
transfers or
contributions of cash or cash equivalents
to a
designated state campaign committee in a primary election
period
or in a general election period aggregating more than: (I) Five hundred thousand dollars to the campaign committee
of any one
statewide candidate; (II) One hundred thousand dollars to the campaign committee
of any one senate
candidate; (III) Fifty thousand dollars to the
campaign committee of
any one house candidate. (ii) No legislative campaign fund shall make a transfer or a
contribution or
transfers or contributions of cash or cash
equivalents to a designated
state campaign committee
aggregating
more than: (I) Fifty thousand dollars in a primary election period or
one
hundred thousand dollars in a general election period to the
campaign
committee of any one senate candidate; (II) Twenty-five thousand dollars in a primary election
period or
fifty thousand dollars in a general election period to
the campaign committee
of any one house candidate. (iii) As used in divisions (B)(6)(b) and
(C)(6)
of this section,
"transfer
or contribution of cash or
cash
equivalents" does not include any in-kind contributions. (c) A county political party that has no state candidate
fund and that is
located in a county having a population of less
than one hundred fifty
thousand may make one or more contributions
from other accounts to any one statewide candidate or to any one
designated state campaign committee
that do not exceed, in the
aggregate, two thousand five hundred
dollars in any primary election period
or general election period.
As used in this division,
"other accounts"
does not include
an account that
contains the public
moneys received from the Ohio
political party fund under section 3517.17 of
the Revised Code. (d) No legislative campaign fund shall make a contribution,
other
than to a designated state campaign committee or to the
state candidate fund
of a political party. (7)(a) Subject to division (D)(1) of this section, no political contributing entity shall make a contribution or contributions aggregating more than:
(i) Ten thousand dollars to the campaign committee of any one statewide candidate in a primary election period or in a general election period;
(ii) Ten thousand dollars to the campaign committee of any one senate candidate in a primary election period or in a general election period;
(iii) Ten thousand dollars to the campaign committee of any one house candidate in a primary election period or in a general election period;
(iv) Fifteen thousand dollars to any one legislative campaign fund in a calendar year;
(v) Thirty thousand dollars to any one state political party for the party's state candidate fund in a calendar year;
(vi) Ten thousand dollars to another political contributing entity or to a political action committee in a calendar year. This division does not apply to a political contributing entity that makes a contribution to a political contributing entity or a political action committee affiliated with it. For purposes of this division, a political contributing entity is affiliated with another political contributing entity or with a political action committee if they are both established, financed, maintained, or controlled by, or if they are, the same corporation, organization, labor organization, continuing association, or other person, including any parent, subsidiary, division, or department of that corporation, organization, labor organization, continuing association, or other person. (b) No political contributing entity shall make a contribution or contributions to a county political party for the party's state candidate fund. (C)(1)(a) Subject to division (D)(1) of this section, no
campaign committee of a
statewide candidate shall do any of the following: (i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(ii) Accept a contribution or contributions aggregating
more than ten thousand
dollars from any one individual who is seven years of age or older, from any
one
political action committee, from any one political contributing entity, or from any one other campaign
committee in a
primary
election period or in a general election period; (iii) Accept a contribution or contributions aggregating more than two hundred fifty thousand dollars from any one or combination of state candidate funds of county political parties in a primary election period or in a general election period. (b) No campaign committee of a statewide candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand. (2)(a) Subject to division (D)(1) of this section and except
for a
designated state campaign committee, no campaign committee
of a senate
candidate shall do either of the following: (i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(ii) Accept a contribution or contributions
aggregating more than
ten thousand dollars from any
one individual who is seven years of age or older, from any one
political action committee, from any one political contributing entity, from any one state candidate
fund of a county
political
party, or from any one other campaign
committee in a
primary election period or in a general election
period. (b) No campaign committee of a senate candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand. (3)(a) Subject to division (D)(1) of this section and except
for a designated state campaign committee, no
campaign committee
of a house candidate shall
do either of the following: (i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(ii) Accept a contribution or contributions
aggregating more than ten
thousand dollars from any
one individual who is seven years of age or older, from any one political
action committee, from any one political contributing entity,
from any one state candidate
fund of a county political
party, or from any one other campaign
committee in a
primary election
period or in a general election
period. (b) No campaign committee of a house candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand. (4)(a)(i) Subject to division (C)(4)(a)(ii) of this section and except for a designated state campaign committee, no
county
political party shall knowingly accept a contribution or contributions from any individual who is under seven years of age, or accept a
contribution or contributions for
the party's state candidate
fund aggregating
more than ten
thousand dollars from any one
individual whose designated Ohio residence is located within that county and who is seven years of age or older or from any one
campaign committee in a calendar year. (ii) Subject to division (D)(1) of this section, no county political party shall accept a contribution or contributions for the party's state candidate fund from any individual whose designated Ohio residence is located outside of that county and who is seven years of age or older, from any campaign committee unless the campaign committee's candidate will appear on a ballot in that county or unless the campaign committee's candidate is the holder of an elected public office that represents all or part of the population of that county at the time the contribution is accepted, or from any political action committee or any political contributing entity.
(iii) No county political party shall accept a contribution or contributions from any other county political party. (b) Subject to division (D)(1) of this section, no state
political party
shall do either of the following: (i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(ii) Accept a contribution or contributions for
the party's state candidate
fund aggregating more than thirty
thousand dollars from any one individual who is seven years of age or older,
from any one political
action committee, from any one political contributing entity, or
from any one campaign committee,
other than a designated state
campaign committee, in a calendar year. (5) Subject to division (D)(1) of this section, no
legislative campaign fund shall do either of the following: (a) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(b) Accept a contribution or
contributions aggregating more than fifteen thousand
dollars from any
one individual who is seven years of age or older, from any one political action
committee, from any one political contributing entity, or from
any one campaign
committee, other than a designated state
campaign committee, in a
calendar year. (6)(a) No designated state campaign committee shall accept a
transfer
or contribution of cash or cash equivalents from a state
candidate fund of
a state
political party aggregating in
a primary election period or a general election
period more than: (i) Five hundred thousand dollars, in the case of a campaign
committee of a
statewide candidate; (ii) One hundred thousand dollars, in the case of a campaign
committee of a
senate candidate; (iii) Fifty thousand dollars, in the case of a campaign
committee of a house
candidate.
(b) No designated state campaign committee shall accept a
transfer or contribution of cash or cash equivalents from a
legislative
campaign fund
aggregating more than: (i) Fifty thousand dollars in a primary election period or
one
hundred thousand dollars in a general election period, in the
case of a
campaign committee of a senate candidate; (ii) Twenty-five thousand dollars in a primary election
period
or fifty thousand dollars in a general election period, in
the case of a
campaign committee of a house candidate. (c) No campaign committee of a candidate for the office of member of the general assembly, including a designated state campaign committee, shall accept a transfer or contribution of cash or cash equivalents from any one or combination of state candidate funds of county political parties aggregating in a primary election period or a general election period more than:
(i) One hundred thousand dollars, in the case of a campaign committee of a senate candidate;
(ii) Fifty thousand dollars, in the case of a campaign committee of a house candidate.
(7)(a) Subject to division (D)(3) of this
section, no
political action committee and no political contributing entity
shall do either of the following: (i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;
(ii) Accept a contribution or
contributions aggregating more than
ten thousand dollars from any one
individual who is seven years of age or older, from any one
campaign committee, or
from any one political party in a calendar year. (b) Subject to division (D)(1) of this section, no
political
action committee shall accept a contribution or contributions
aggregating more than ten thousand dollars from
another political
action committee or from a political contributing entity in a calendar
year. Subject to division (D)(1) of this section, no political contributing entity shall accept a contribution or contributions aggregating more than ten thousand dollars from another political contributing entity or from a political action committee in a calendar year.
This division does not apply to a
political action
committee or political contributing entity that accepts a
contribution from a
political action committee or political contributing entity
affiliated with it. For purposes of this division, a political
action
committee is affiliated with another political action
committee or with a political contributing entity if they are both
established, financed, maintained, or controlled by the same
corporation,
organization, labor organization, continuing
association, or other person,
including any parent, subsidiary,
division, or department of that corporation,
organization, labor
organization, continuing association, or other person. (D)(1)(a) For purposes of the limitations prescribed
in
division (B)(2) of this section and the limitations
prescribed in
divisions (C)(1), (2), (3), (4), (5),
and (7)(b) of this section,
whichever is applicable, all contributions made by and all
contributions
accepted from
political action committees that are
established, financed,
maintained, or controlled by, or that are, the same
corporation, organization,
labor organization, continuing
association, or other person, including any
parent, subsidiary,
division, or department of that corporation,
organization, labor
organization, continuing association, or other person, are
considered to have been made by or accepted from a single
political action committee. (b) For purposes of the limitations prescribed in division (B)(7) of this section and the limitations prescribed in divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever is applicable, all contributions made by and all contributions accepted from political contributing entities that are established, financed, maintained, or controlled by, or that are, the same corporation, organization, labor organization, continuing association, or other person, including any parent, subsidiary, division, or department of that corporation, organization, labor organization, continuing association, or other person, are considered to have been made by or accepted from a single political contributing entity. (2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)(a), and
(C)(7) of this
section,
"political action committee" does not
include a political action
committee that is organized to support
or oppose a ballot issue
or question and that makes no
contributions to or expenditures
on behalf of a political party,
campaign committee, legislative
campaign fund, or political action
committee, or political contributing entity. As used in divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of this section, "political contributing entity" does not include a political contributing entity that is organized to support or oppose a ballot issue or question and that makes no contributions to or expenditures on behalf of a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity. (3) For purposes of the limitations prescribed in divisions
(B)(4) and
(C)(7)(a)
of this section, all contributions made by
and all contributions accepted from
a national political party, a
state political party, and a county political
party are considered
to have been made by or accepted from a single political
party and
shall be combined with each other to determine whether the
limitations have been exceeded. (E)(1) If a legislative campaign fund has kept a total
amount of
contributions exceeding one hundred fifty thousand
dollars at the close of
business on the seventh day before the
postgeneral election statement is required to be filed under
section 3517.10
of the Revised Code, the legislative campaign fund
shall comply with division
(E)(2) of this section. (2)(a) Any legislative campaign fund that
has kept a total
amount of contributions in excess of the amount specified in
division (E)(1) of this section at the close of
business on the
seventh day before the
postgeneral election statement is required
to be filed under section 3517.10
of the Revised Code shall
dispose of the excess amount in the manner
prescribed in division
(E)(2)(b)(i), (ii), or (iii) of this section not later
than ninety
days after the day the postgeneral
election statement is required
to be filed under section 3517.10 of the
Revised Code. Any
legislative campaign fund that is required to
dispose of
an excess
amount of contributions under this division shall file a statement
on the ninetieth day after the postgeneral election statement is
required to
be filed under section 3517.10 of the Revised Code
indicating the total amount
of contributions the fund has at the
close of
business on the seventh day before the postgeneral
election statement is required to be filed under section 3517.10
of the Revised Code and
that the
excess
contributions were
disposed of pursuant to this division and division
(E)(2)(b) of this section. The
statement shall be on a form prescribed
by the secretary of state and shall
contain any additional
information the secretary of state considers necessary. (b) Any legislative campaign fund that is
required to
dispose of an excess amount of contributions under division (E)(2)
of this
section shall dispose of that excess amount by doing any
of the following: (i) Giving the amount to the treasurer of state for deposit
into the state
treasury to the credit of the Ohio elections
commission fund created by division (I) of section 3517.152 of the Revised Code; (ii) Giving the amount to individuals who made contributions
to that
legislative campaign fund as a refund of all or part of
their
contributions; (iii) Giving the amount to a corporation that is exempt from
federal income
taxation under subsection 501(a) and described in
subsection 501(c) of the
Internal Revenue Code. (F)(1) No legislative campaign
fund shall fail to file a
statement required by division
(E) of this section. (2) No legislative campaign fund
shall fail to dispose of
excess contributions as required by
division (E) of this section. (G) Nothing in this section shall affect, be used in
determining,
or supersede a limitation on campaign contributions
as provided for in the
Federal Election Campaign Act.
Sec. 3517.105. (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 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), (3), and (4) 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, legislative campaign fund, political 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, or 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
divisions (A)(1), (2), (3), and (4) 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.
(D) Any expenditure by a political party for the purpose of financing communications advocating the election or defeat of a candidate for judicial office shall be deemed to be an independent expenditure subject to the provisions of this section.
Sec. 3517.106. (A) As used in this section: (1) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court. (2) "Addendum to a statement" includes an amendment or other
correction to
that statement. (B)(1) 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: (a) The campaign committees of candidates for statewide
office; (b) The political action committees and political contributing entities described in
division (A)(1) of section
3517.11 of the
Revised
Code; (c) Legislative campaign funds; (d) State political parties; (e) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question; (f) The campaign committees of candidates for the office of
member
of the
general assembly; (g) County political parties, with respect to their state candidate funds. (2) The secretary of state shall store on computer the information contained in disclosure of electioneering communications statements required to be filed under section 3517.1011 of the Revised Code. (3) The secretary of state shall store on computer the information contained in deposit and disbursement statements required to be filed with the office of the secretary of state under section 3517.1012 of the Revised Code. (4) The secretary of state shall store on computer the gift and disbursement information contained in statements required to be filed with the office of the secretary of state under section 3517.1013 of the Revised Code. (C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (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 (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
(D) of
this
section. (D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years. (E)(1) Subject to division (L) of this section and subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of
state prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised Code for the filing of campaign finance statements by
electronic means of
transmission,
the campaign
committee of each candidate for statewide office may
file the
statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount
of the contributions received
or the total amount of the
expenditures made by the campaign
committee for the applicable
reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those
statements by electronic means of transmission. Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of
state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for that
office. If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section. (2) Subject
to the
secretary of state having implemented, tested, and verified
the successful
operation of any system the secretary of state
prescribes pursuant to division
(H)(1) of this section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised
Code for the filing
of campaign finance statements by electronic
means of transmission,
a
political
action committee and a political contributing entity described in
division
(B)(1)(b) 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 or, 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 state political party 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
a statement filed by a
political action committee or a political contributing entity
described in division
(B)(1)(b) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
political action committee or a political contributing entity described in division (B)(1)(b) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section. (3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
a county political party
shall file the
statements prescribed by section 3517.10 of the
Revised
Code with respect to its state candidate fund by
electronic means of
transmission to the office of the secretary of state. Within five business days after a statement filed by a
county
political party with respect to its state candidate fund is received by the
secretary of state by electronic
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement. If a statement
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, a county political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
county political party an
addendum to the statement or an amended statement by electronic means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state
shall make the contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section. (F)(1) Subject to division (L) of this section and
subject to the secretary of
state having implemented, tested, and
verified the successful operation of any
system the secretary of
state prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission,
a campaign committee of a
candidate for the office of member
of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals may
file the statements prescribed by
section 3517.10 of the
Revised
Code in accordance with division (A)(2) of section 3517.11 of the Revised Code or by electronic means of
transmission to the office of the secretary of state or, if the total amount of the contributions received by the campaign committee for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission to the office of the secretary of state. Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state shall make available online
to the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the
secretary of state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for that
office. If a statement filed by electronic means of transmission
is found to be
incomplete or inaccurate after the
examination of the statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of
transmission 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 five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals an addendum to the
statement or
an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to
the public through the
internet as provided in division (I) of this
section. (2) If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission to the office of the secretary of state but
is filed by printed version
only under division (A)(2) of section 3517.11 of the Revised Code with the appropriate board of elections, the campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall
file two copies of the printed
version of the statement, addendum,
or amended statement with the
board of elections. The
board of elections shall send
one of those copies by overnight
delivery service to the secretary
of state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement. (G) Subject to the secretary of state having implemented, tested, and
verified the
successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code
for the filing of campaign finance statements by electronic
means of
transmission,
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 or, if the total amount of independent expenditures made during the reporting period under that division exceeds ten thousand dollars, shall file the statement specified in that division by electronic means of transmission. Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section. (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, a disclosure of electioneering communications statement, a deposit and disbursement statement, or a gift and disbursement statement, an
addendum to any of those statements, an amended statement of contributions and
expenditures,
an amended statement of independent expenditures, an amended disclosure of electioneering communications statement, an amended deposit and disbursement statement, or an amended gift and disbursement statement, under this
section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised
Code shall
electronically sign
the statement, addendum, or amended statement.
Any technique prescribed by
the secretary of state pursuant to
this division shall create an electronic
signature that satisfies
all of the following: (a) It is unique to the signer. (b) It objectively identifies the signer. (c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised. (d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated. (2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the disclosure of electioneering communications statement, the deposit and disbursement statement, or the gift and disbursement statement, the
addendum to any of those statements, the amended statement of
contributions
and expenditures, the amended statement of
independent expenditures, the amended disclosure of electioneering communications statement, the amended deposit and disbursement statement, or the amended gift and disbursement statement
that is executed and
transmitted by
electronic means by the person to whom the
electronic signature is
attributed. The electronic signature
that is attached to or
associated with the statement, addendum, or amended
statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had
been handwritten in ink on a printed form. (I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and disbursement, or the gift and disbursement 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, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of the
Revised Code available
online to the public by any means that are
searchable, viewable, and
accessible through the internet. (J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following: (a) A library that is maintained and regulated under section
715.13 of the Revised Code; (b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code. (2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information
in
campaign finance statements required to be made
available online to the public
through the internet pursuant to
division (I) of this section may
be accessed. If that location is part of
the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public. (3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via the world
wide web, the
secretary of state shall notify all libraries of the
world wide
web location at which those statements may be filed. If those statements may be
filed
through the internet via the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required
by this division, the library shall include a
link to that world
wide web location on each internet-connected
computer it maintains
that is accessible to the public. (K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee, political contributing entity,
legislative campaign fund, or political party,
any individual, partnership, or other entity, or any person making disbursements to pay the direct costs of producing or airing electioneering communications,
for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code that
all of the
following
apply to the campaign committee, political action committee, political contributing entity,
legislative campaign fund, or political party,
the individual, partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications, that failed to so
file: (1) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section. (2) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure. (3) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section. (L)(1) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to permit a campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during the filing period or a campaign committee for the office of member of the general assembly or the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of this section to file those statements by paper with the office of the secretary of state. Those rules shall provide for all of the following:
(a) An eligible campaign committee that wishes to file a campaign finance statement by paper instead of by electronic means of transmission shall file the statement on paper with the office of the secretary of state not sooner than twenty-four hours after the end of the filing period set forth in section 3517.10 of the Revised Code that is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount of which the secretary of state shall determine by rule. The amount of the fee established under this division shall not exceed the data entry and data verification costs the secretary of state will incur to convert the information on the statement to an electronic format as required under division (I) of this section.
(c) The secretary of state shall arrange for the information in campaign finance statements filed pursuant to division (L) of this section to be made available online to the public through the internet in the same manner, and at the same times, as information is made available under divisions (E), (F), and (I) of this section for candidates whose campaign committees file those statements by electronic means of transmission.
(d) The candidate of an eligible campaign committee that intends to file a campaign finance statement pursuant to division (L) of this section shall file an affidavit indicating that the candidate's campaign committee intends to so file and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.
(e) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (L) of this section shall review the contribution and information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on that web site.
(f) If an eligible campaign committee whose candidate has filed an affidavit in accordance with rules adopted under division (L)(1)(d) of this section subsequently fails to file that statement on paper by the applicable deadline established in rules adopted under division (L)(1)(a) of this section, penalties for the late filing of the campaign finance statement shall apply to that campaign committee for each day after that paper filing deadline, as if the campaign committee had filed the statement after the applicable deadline set forth in division (A) of section 3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would otherwise be required to file campaign finance statements by electronic means of transmission to file those statements on paper with the office of the secretary of state that is required to be developed under division (L)(1) of this section shall be in effect and available for use by eligible campaign committees for all campaign finance statements that are required to be filed on or after June 30, 2005. Notwithstanding any provision of the Revised Code to the contrary, if the process the secretary of state is required to develop under division (L)(1) of this section is not in effect and available for use on and after June 30, 2005, all penalties for the failure of campaign committees to file campaign finance statements by electronic means of transmission shall be suspended until such time as that process is in effect and available for use.
(3) Notwithstanding any provision of the Revised Code to the contrary, any eligible campaign committee that files campaign finance statements on paper with the office of the secretary of state pursuant to division (L)(1) of this section shall be deemed to have filed those campaign finance statements by electronic means of transmission to the office of the secretary of state.
Sec. 3517.108. (A) As used in divisions (A) and (B) of this section: (1) "Candidate" has the same meaning as in section 3517.01 of the Revised
Code but includes only candidates for the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state, attorney
general, member of the state board of education, member of the general
assembly, chief justice of the supreme court, and justice of the supreme
court. (2) A "general election period" begins on the day after the primary election
immediately preceding the general election at which a candidate seeks an
office specified in division (A)(1) of this section and ends on the
thirty-first day of December following that general election. (3) A "primary election period" begins on the first day of January of the
year following the year in which the general election was held for the office
that the candidate seeks, including any mid-term election, and ends on the day
of the primary election. (B) Whenever the campaign committee of a candidate
has unpaid debt at the end of a primary election period or at
the end of a general election period, the committee may accept
additional contributions during the immediately following
election period up to the applicable limitation prescribed under
section 3517.102 of the Revised Code from any individual,
political action committee, political contributing entity, or
other campaign committee who,
during the primary or general election period for which debt
remains unpaid, has contributed less than the contribution
limitations prescribed under section 3517.102 of the
Revised Code applicable to that individual, political action committee, political contributing entity,
or
other campaign
committee. Any additional contribution that a campaign committee accepts
under this division shall count toward the applicable limitations prescribed
under section 3517.102 of the Revised Code for that primary or general
election period at the end of which the debt remains
unpaid, and shall not count toward the applicable limitations for any other
primary or general election period if all of the following conditions apply: (1) The campaign committee reports, on the statement
required to be filed under division (A)(2) of section 3517.10 of the Revised
Code, all debt remaining unpaid
at the end of the election period. The committee shall also file a separate
statement, on a form prescribed by the secretary of state, at the same time
that the committee is required to file a statement of contributions and
expenditures under section 3517.10 of the Revised Code. The separate
statement shall include the name and address of each contributor who makes
an additional contribution under division (B) of this section, how the
contribution was applied to pay the unpaid debt as required by division (B)(3)
of this section, and the balance of the unpaid debt after each contribution
was applied to it. (2) The additional contributions are accepted only during
the primary or general election period, whichever is applicable,
immediately following the election period covered in the
statement filed under division (B)(1) of this section. (3) All additional contributions made under division
(B) of this section are used by the campaign committee that receives them only
to pay the debt of the committee reported under division (B)(1) of this
section. (4) The campaign committee maintains a separate account
for all additional contributions made under division (B) of this section and
uses moneys in that account only to pay the unpaid debt reported
under division (B)(1) of this section and to administer the account. (5) The campaign committee stops accepting additional
contributions after funds sufficient to repay the unpaid debt reported under
division (B)(1) of this section have been raised and promptly disposes of any
contributions received that exceed the amount of the unpaid debt by returning
the excess contributions to the contributors or by giving the excess
contributions to an organization that is exempt from federal income taxation
under subsection 501(a) and described in subsection 501(c)(3), (4), (8), (10),
or (19) of the Internal Revenue Code.
Sec. 3517.109. (A) As used in this section: (1)
"Candidate" has the same meaning as in section 3517.01
of the Revised
Code but includes only candidates for the offices
of governor, lieutenant
governor, secretary of state, auditor of
state, treasurer of state, attorney
general, member of the state
board of education, and member of the
general assembly. (2)
"Statewide candidate" means the joint candidates for the
offices of
governor and lieutenant governor or a candidate for the
office of secretary of
state, auditor of state, treasurer of
state, attorney general, and
member of the
state board of
education. (3)
"Senate candidate" means a candidate for the office of
state senator. (4)
"House candidate" means a candidate for the office of
state
representative. (5)
"State office" means the offices
of governor, lieutenant
governor, secretary of state, auditor of
state, treasurer of
state, attorney general, member of the state
board of education,
and member of the general assembly. (6)
"Aggregate contribution" means the total of all
contributions from a contributor during the pre-filing period. (7)
"Allowable aggregate contribution" means all of the
following: (a) In the case of a contribution
from a contributor whose
contributions are subject to the
contribution limits described in
division (B)(1), (2), (3), or
(6)(a), or (7) of section 3517.102 of
the
Revised
Code, that portion of the
amount of the contributor's
aggregate contribution that does not
exceed the preprimary
contribution limit applicable
to that
contributor. (b) In the case of a contribution or
contributions from a
contributor whose contributions are not
subject to the
contribution limits described in divisions
(B)(1), (2), (3), or
(6)(a), or (7) of section 3517.102 of the
Revised Code, the total
of the
following: (i) That portion of the aggregate contribution that
was
received as in-kind services; (ii) That portion of the aggregate
contribution that was
received as cash and does not exceed the
applicable preprimary
cash transfer or contribution
limits described in division
(B)(6)(b) of section 3517.102 of the
Revised Code. (8)
"Excess aggregate contribution" means, for each
contributor, the amount by which that contributor's aggregate
contribution exceeds that contributor's allowable aggregate
contribution. (9)
"Pre-filing period" means the period of time ending
on
the day that the candidacy petitions are due for the state
office
for which the candidate has filed and beginning on the
latest date
of the following: (a) The first day of
January of the year following
the
general election in which that state office was last on the
ballot; (b) The first day of
January of the year following
the
general election in which the candidate was last a candidate
for
any office; (c) The first day of the month
following the primary
election in which the candidate was last a
candidate for any
office. (10)
"Filing date" means the last date on which a
candidacy
petition may be filed for an office. (11)
"Applicable carry-in limit" means thirty-five
thousand
dollars if the candidate is a house candidate or a
candidate for
the state board of education, one hundred thousand
dollars if the
candidate is a senate candidate, and two hundred
thousand dollars
if the candidate is a statewide candidate other
than a candidate
for the state board of education. (12)
"Campaign asset" means prepaid, purchased, or
donated
assets available to the candidate on the date of the
filing
deadline for the office the candidate is seeking that
will be
consumed or depleted in the course of the candidate's
election
campaign, including, but not limited to, postage,
prepaid rent for
campaign headquarters, prepaid radio,
television, and newspaper
advertising, and other prepaid
consulting and personal services. (13)
"Permitted funds" means the sum of the following: (a) The total of the allowable
aggregate contribution of
each contributor; (b) The applicable carry-in limit. (14)
"Excess funds" means the amount by which the sum of
the
total cash on hand and total reported campaign assets
exceeds
permitted funds.
(15) "Covered candidate" means both of the following: (a) A candidate who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the candidate's behalf for the purpose of nominating or electing the candidate to any office not subject to the contribution limits prescribed in section 3517.102 of the Revised Code; (b) A person who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the person's behalf prior to the person deciding upon or announcing the office for which the person will become a candidate for nomination or election. (B)
Each candidate who files for state office, not later than
the filing
date for that office, shall dispose of any excess
funds. Each covered candidate who files for state office, not later than the filing date for that office, shall dispose of any excess
aggregate contributions. (C) Any campaign committee that is required to dispose
of
excess funds or excess aggregate
contributions under division
(B)
of this section shall dispose of that excess amount or amounts by
doing any of the
following: (1) Giving the amount to the treasurer of state
for deposit
into the state treasury to the credit of the
Ohio elections
commission fund created by division (I) of section 3517.152 of the Revised Code; (2) Giving the amount to
individuals who made contributions
to that campaign committee as
a refund of all or part of their
contributions; (3) Giving the amount to a
corporation that is exempt from
federal income taxation under
subsection 501(a) and described in
subsection 501(c) of the Internal Revenue
Code. (D)(1) Subject to division (D)(2) of this section, no candidate or covered candidate shall appear on the ballot, even if
certified to appear on the ballot, unless the
candidate's or covered candidate's campaign committee
has disposed of excess funds,
excess aggregate
contributions, or both as required by divisions (B)
and
(C) of this section.
(2) If the excess aggregate contributions accepted by a covered candidate or a covered candidate's campaign committee aggregate a total of less than five thousand dollars from all contributors, that candidate shall not be prohibited from appearing on the ballot under division (D)(1) of this section.
(E)(1) The campaign committee of each candidate required to
dispose
of excess funds
under
this section shall file a report, on
a form prescribed by the
secretary of state, with the official or board with
which the
candidate is required to file statements under section 3517.11 of
the Revised Code. The report shall be filed by the seventh day
following
the filing deadline for the
office the candidate
is
seeking, shall indicate the amount of excess funds
disposed
of, and
shall describe the manner in which the campaign committee disposed
of the
excess amount.
(2) In addition to the information required to be included in a report filed under division (E)(1) of this section, the campaign committee of each covered candidate required to dispose of excess aggregate contributions under this section shall include in that report the source and amount of each excess aggregate contribution disposed of and shall describe the manner in which the campaign committee disposed of the excess amount. (F)(1) Each campaign
committee of a candidate who has filed a
declaration of candidacy
or a nominating petition for a state
office, not later than seven
days after the filing
date for the office the
candidate is seeking, shall file a
declaration of filing-day
finances, on a form prescribed by the
secretary of state, with the
official or board with which the
candidate is required to file
statements under section
3517.11 of the Revised
Code. (2) A declaration of filing-day finances shall list all
of
the following: (a) The amount of cash on hand in the
candidate's campaign
fund on the filing date for
the office the candidate
is seeking. (b) The value and description of all campaign
assets worth
five hundred dollars or more available to the
candidate on the
filing date. Assets purchased by the
campaign shall be
valued at actual cost, and in-kind
contributions shall be valued
at market value. (c) The total of all aggregate
contributions; (d) The total of all allowable
aggregate contributions; (e) The applicable carry-in limit, if any.
(3) In addition to the information required to be included in a report of filing-day finances filed under division (F)(1) of this section, the campaign committee of each covered candidate shall include both of the following in that report: (a) The total of all excess aggregate contributions; (b) For each contributor, if any, for whom there is an excess aggregate contribution, the name, address, aggregate contribution, and excess aggregate contribution. (G) A campaign committee of a candidate is not required to
file a
declaration of filing-day finances under division (F) of
this section
if all of the following apply: (1) The campaign committee has not accepted, during the
pre-filing
period, any aggregate contribution greater than the
applicable
amount. (2) The campaign committee had less than the carry-in
amount
in cash on
hand at the beginning of the pre-filing period. (3) The candidate files a declaration, on a form prescribed
by the
secretary of state, with the official or board with which
the candidate is
required to file statements under section 3517.11
of the Revised Code not
later than seven
days after the filing date for the office that candidate is
seeking,
stating that the candidate's campaign committee has not accepted
aggregate contributions as described in division (G)(1) of this
section and has less than the carry-in amount in cash on hand as
described in
division (G)(2) of this section.
Sec. 3517.11. (A)(1) Campaign committees of candidates
for
statewide office 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)(a) Except as otherwise provided in division (F)
of section
3517.106
of the Revised Code, campaign committees of candidates
for all other
offices shall file the statements prescribed by
section 3517.10
of the Revised Code with the board of elections
where their
candidates are required to file their petitions or
other papers
for nomination or election. (b) A campaign committee of a candidate for office of member of
the
general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall file two copies of the printed version
of
any statement, addendum, or amended statement if the committee
does not file pursuant to division (F)(1) or (L) of section 3517.106 of the
Revised Code but files by printed version only with
the
appropriate board of elections. The board of elections shall send
one of
those copies by overnight delivery service to the secretary
of state
before the close of business on the day the board of
elections
receives the statement, addendum, or amended statement. (3) Political action committees or political contributing entities
that only contribute to a
county political party,
contribute to campaign committees of
candidates whose nomination
or election is to be submitted only
to electors within a county,
subdivision, or district, excluding
candidates for member of the
general assembly, and receive
contributions or make expenditures
in connection with ballot
questions or issues to be submitted only
to electors within a
county, subdivision, or district shall file
the statements
prescribed by section 3517.10 of the Revised Code
with the board
of elections in that county or in the county
contained in whole
or part within the subdivision or district
having a population
greater than that of any other county
contained in whole or part
within that subdivision or district, as
the case may be. (4) Except as otherwise provided in division (E)(3) of section 3517.106 of the Revised Code with respect to state candidate funds, 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. (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 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, return
receipt
requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board
of elections of every
county shall notify by first class mail any
candidate who has
personally appeared at the office of the board
on or before the
tenth day before the statements are required to
be
filed and signed a form,
to be provided by the secretary of
state, attesting that the
candidate has been notified of the
candidate's obligations
under the campaign
finance law. The board
shall forward the completed form to
the
secretary of state. The
board shall use certified mail,
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 and candidates for the office of judge of a court of appeals for completeness and accuracy.
The secretary of state shall examine
for
completeness and accuracy statements that
campaign committees
of candidates for the office
of member of the general assembly and campaign committees of candidates for the office of judge of a court of appeals
file
pursuant to division (F) or (L)
of section 3517.106
of the Revised Code. If
an officer at the
board of elections where a statement filed for a candidate
for the
office of member of the general
assembly or for a candidate for the office of judge of a court of appeals 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 filed for a
candidate
for the office of member of the general
assembly or for a candidate for the office of judge of a court of appeals 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 statement, a
postelection
statement, a monthly statement, an annual statement, or a semiannual statement
prescribed
by section 3517.10, an annual statement
prescribed by section
3517.101, or a statement
prescribed by
division (B)(2)(b) or
(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 this division 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 any of the following or when an amended statement of any of the following shall be filed: (i) A
two-business-day statement
prescribed by section 3517.10 of
the Revised Code; (ii) A disclosure of electioneering communications statement prescribed by division (D) of section 3517.1011 of the Revised Code;
(iii) A deposit and disbursement statement prescribed under division (B) of section 3517.1012 of the Revised Code; (iv) A gift and disbursement statement prescribed under section 3517.1013 of the Revised Code.
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,
3517.106, 3517.1011, 3517.1012, and 3517.1013 of the Revised Code pertaining to
the filing of
statements of contributions and expenditures, statements of
independent expenditures, disclosure of electioneering communications statements, deposit and disbursement statements, and gift and disbursement statements by electronic means of transmission apply to the filing of addenda, amendments, or other
corrections to those
statements by electronic means of
transmission and
the
filing of amended statements by electronic means of
transmission. (b) Within five business days after the secretary
of state
receives, by electronic or other means of transmission, an
addendum,
amendment, or other correction to a statement or an
amended statement under
division (B)(3)(a) of this section, the
secretary of
state, pursuant to divisions (E), (F), (G), and
(I)
of section 3517.106 or division (D) of section 3517.1011 of the Revised Code, shall make the
contribution and
expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in that
addendum,
amendment, correction, or amended statement available online to
the
public through the internet. (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
law of this state
to conduct examinations of statements filed
by
any statewide
candidate, as 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, amendment, or other correction to a statement or any amended statement, if an addendum, amendment, or other correction or an amended statement 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, amendment, or other correction to a statement or an amended 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, addendum, amendment, other correction, or amended statement fails
to disclose substantially all contributions or gifts that are received
or deposits that are made that are required to be reported under
sections
3517.10, 3517.107, 3517.108, 3517.1011, 3517.1012, and 3517.1013 of the
Revised
Code or if the
statement,
addendum, amendment, other correction, or amended statement fails to disclose at least ninety per cent
of the total
contributions or gifts received or deposits made or of the total expenditures
or disbursements made during
the reporting period. (D) No certificate of nomination or election shall be
issued
to a person, and no person elected to an office
shall enter upon
the performance of the duties of
that office, until that person or
that
person's campaign
committee, as
appropriate, has fully
complied with this section
and sections
3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate
shall fail to file a
complete
and accurate statement required under division (A)(1) of section
3517.10 of
the Revised Code. (2) No campaign committee of a statewide candidate
shall
fail to file a complete and accurate monthly statement, and no
campaign
committee
of a statewide candidate or a candidate for the
office of chief
justice or justice of the supreme court shall fail
to file a
complete and accurate two-business-day statement, as
required under
section 3517.10 of
the Revised Code. As used in this division,
"statewide candidate" has the same
meaning as in division (F)(2) of
section 3517.10 of the Revised
Code. (B) No campaign committee shall fail to file a complete and accurate
statement
required under
division (A)(1) of section 3517.10 of the
Revised Code. (C) No campaign committee shall fail to file a
complete and
accurate statement
required under division (A)(2) of section
3517.10 of the Revised
Code. (D) No campaign committee shall fail to file a complete and
accurate
statement
required under division (A)(3) or (4) of section
3517.10 of the Revised
Code. (E) No person other than a campaign committee shall
knowingly fail to file a statement required under section 3517.10
or
3517.107 of the Revised Code. (F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election. (G)(1) No person shall knowingly conceal or
misrepresent
contributions given or received, expenditures
made, or any other
information required
to be reported by a provision in sections
3517.08 to 3517.13 and
3517.17 of the Revised Code. (2)(a) No person shall make a contribution to a
campaign
committee, political action committee, political contributing entity, legislative
campaign fund,
political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications in the name of
another person. (b) A person does not make a contribution in the name of
another when either
of the following applies: (i) An individual makes a contribution from a partnership or other
unincorporated
business account, if the contribution is reported
by listing both the name of
the partnership or other unincorporated
business and the name of the partner or
owner making the
contribution as required under division (I) of section 3517.10 of the Revised Code. (ii) A person makes a contribution in that person's spouse's
name or in both
of their names. (H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the
same
area as that encompassed by the particular office
that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type
of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees. No person within this state, operating a radio or
television
station or network of stations in this state, shall
charge a
campaign committee for political broadcasts a rate
that
exceeds: (1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of
a
general or special election in which the candidate of the
campaign
committee is seeking office, the lowest unit charge of
the station
for the same class and amount of time for the same
period; (2) At any other time, the charges made for comparable use
of that station by its other users. (I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse
has
made, or any
partner, shareholder, administrator, executor, or
trustee or the
spouse of any of them
has
made, as an individual,
within the two
previous calendar years, one or more contributions
totaling in
excess of one thousand dollars to the holder of the
public office
having ultimate responsibility for the award of the
contract or
to the public officer's campaign committee. (J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of that person has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign
committee. (K) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the governor, whether or not the
appointment is
subject to the advice and consent of the senate,
excluding members
of boards, commissions, committees,
authorities, councils, boards
of trustees, task forces, and other
such entities appointed by the
governor, the office of the
governor is considered to have
ultimate responsibility for the
award of the contract. (L) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the elected chief executive officer of a
municipal
corporation, or appointed by the elected chief
executive officer
of a county operating under an alternative form
of county
government or county charter, excluding members of
boards,
commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive
officer
is considered to have ultimate responsibility for the
award of the
contract. (M)(1) Divisions (I) and (J) of this section do not apply
to
contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall apply to the specified entity only if the
members of
the entity act collectively in the award of a contract
for goods
or services. (2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board. (N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to
the
public officer's
campaign committee, during the time
the person
holds the office
and during any time such person was a candidate
for the office.
Those divisions do not apply to contributions
made to, or to the
campaign committee of, a candidate for or
holder of the office
other than the holder of the office at the
time of the award of
the contract. (2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation
or
business trust made before the person held any of those
positions
or after the person ceased to hold any of those
positions in the
partnership, association, estate, trust,
corporation, or business
trust whose eligibility to be awarded a
contract is being
determined, nor to contributions of the
person's spouse made
before the person held any of those
positions, after the person
ceased to hold any of those
positions, before the two were
married, after the granting of
a decree of divorce, dissolution
of marriage, or annulment, or after the
granting of an order in an action
brought solely for legal
separation. Those divisions do not apply
to contributions of the
spouse of an individual whose eligibility
to be awarded a
contract is being determined made before the two
were married,
after the granting of a decree of divorce,
dissolution of
marriage, or annulment, or after the granting of an order
in an action
brought solely for legal separation. (O) No beneficiary of a campaign fund or other person shall
convert
for personal use, and no person shall
knowingly give to a
beneficiary of a campaign fund or any other person,
for the
beneficiary's or any other person's personal use,
anything of
value from
the beneficiary's campaign fund, including, without
limitation,
payments to a beneficiary for services the beneficiary
personally
performs, except as reimbursement for any of the
following: (1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary; (2) Legitimate and verifiable ordinary and necessary
prior
expenses incurred by the beneficiary in connection with
duties as
the holder of a public office, including, without
limitation,
expenses incurred through participation in
nonpartisan or
bipartisan events if the participation of the
holder of a public
office would normally be expected; (3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the following: (a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue; (b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee,
or other candidate; (c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or
campaign committee; (d) Attending a political party convention or other
political meeting. For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account. (P) No beneficiary of a campaign fund shall knowingly
accept, and no person shall knowingly give to the beneficiary of
a
campaign fund, reimbursement for an expense under division (O)
of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense
is
reimbursed under division (O) of this section and is later
paid or
reimbursed, wholly or in part, from another source of
funds, the
beneficiary shall repay the reimbursement received
under division
(O) of this section to the extent of the payment
made or
reimbursement received from the other source. (Q) No candidate or public official or employee shall
accept
for personal or business use anything of value from a
political
party, political action committee, political contributing entity,
legislative campaign fund, or
campaign
committee other than the
candidate's or public
official's or
employee's own campaign
committee, and no person shall knowingly
give to a candidate or
public official or employee anything of
value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or
such
a campaign committee, except
for the following: (1) Reimbursement for legitimate and verifiable ordinary
and necessary prior expenses not otherwise prohibited by law
incurred by the candidate or public official or employee while
engaged in any legitimate activity of the political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign committee. Without
limitation, reimbursable expenses under this division include
those incurred while doing any of the following: (a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue; (b) Raising funds for a political party, legislative
campaign fund, campaign
committee, or another candidate; (c) Attending a political party convention or other
political meeting. (2) Compensation not otherwise prohibited by law for
actual
and valuable personal services rendered under a written
contract
to the political party, political action committee, political contributing entity,
legislative campaign fund, or such campaign
committee for
any legitimate activity of the
political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign
committee. Reimbursable expenses under this division do not include,
and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political contributing entity,
legislative campaign fund, or campaign
committee other than the candidate's or public
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election,
except for
contributions to the candidate's or public official's
or
employee's
campaign committee. For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account. (R)(1) Division (O) or (P) of this section does not
prohibit
a campaign committee from making direct advance or post
payment
from contributions to vendors for goods and services for
which
reimbursement is permitted under division (O) of this
section,
except that no campaign committee shall pay its
candidate or other
beneficiary for services personally performed
by the candidate or
other beneficiary. (2) If any expense that may be reimbursed under division
(O), (P), or (Q) of
this section is part of other expenses that
may not be paid or reimbursed, the separation of the two types of
expenses for the purpose of allocating for payment or
reimbursement those expenses that may be paid or reimbursed may
be
by any reasonable accounting method, considering all of the
surrounding circumstances. (3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that
allowed
by the internal revenue service at the time the travel
occurs may
be paid instead of reimbursement for actual travel
expenses
allowable. (S)(1) As used in division (S) of this section: (a)
"State elective office" has the same meaning as in
section
3517.092 of the Revised Code. (b)
"Federal office" means a federal office as defined in
the
Federal Election Campaign Act. (c)
"Federal campaign committee" means a principal campaign
committee
or authorized committee as defined in the Federal
Election
Campaign Act. (2) No person who is a candidate for state elective office
and
who
previously sought nomination or election to a federal
office shall transfer
any
funds or assets from that person's
federal campaign committee for nomination
or election
to the
federal office to that person's campaign committee as a candidate
for
state
elective office. (3) No campaign committee of a person who is a candidate for
state
elective office and who previously sought nomination or
election to a federal
office shall accept any funds or assets from
that person's federal campaign
committee for that person's
nomination or election to the federal office. (T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102
of the Revised Code, a
state or county political
party shall not disburse
moneys from any account other than a
state candidate fund to make
contributions to any of the
following: (a) A state candidate fund; (b) A legislative campaign fund; (c) A campaign committee of a candidate for the office of
governor,
lieutenant governor, secretary of state, auditor of
state, treasurer of state,
attorney general, member of the state
board of education, or member of the
general assembly. (2) No state candidate fund, legislative campaign fund, or
campaign committee
of a candidate for any office described in
division (T)(1)(c) of this section
shall knowingly accept a
contribution in violation of division (T)(1)
of this section. (U) No person shall fail to file the statement required
under section 3517.12
of the Revised Code. (V) No campaign committee shall fail to file a statement
required
under division (K)(3) of section 3517.10 of the Revised
Code. (W)(1) No foreign national shall, directly or indirectly
through
any other person or entity, make a contribution,
expenditure, or independent
expenditure or promise, either
expressly or implicitly, to make a
contribution, expenditure, or
independent expenditure in support of or
opposition to a candidate
for any elective office in this state, including an
office of a
political party. (2) No candidate, campaign committee, political action
committee, political contributing entity,
legislative campaign
fund, state candidate
fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or
independent expenditure from a foreign national.
The secretary of state
may direct any candidate,
committee, entity, fund,
or party that accepts a contribution,
expenditure, or
independent expenditure in violation of this
division to return
the contribution, expenditure, or independent
expenditure or, if
it is not possible to return the contribution, expenditure,
or
independent expenditure, then to return instead the value of it,
to
the contributor. (3) As used in division (W) of this section,
"foreign national" has the same
meaning as in
section 441e(b) of the Federal
Election Campaign
Act. (X)(1) No state or county political party shall transfer any moneys from its restricted fund to any account of the political party into which contributions may be made or from which contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a contribution or contributions that it receives into its restricted fund.
(b) No state or county political party shall make a contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift or gifts from the corporation's or labor organization's money or property aggregating more than ten thousand dollars to any one state or county political party for the party's restricted fund in a calendar year.
(b) No state or county political party shall accept a gift or gifts for the party's restricted fund aggregating more than ten thousand dollars from any one corporation or labor organization in a calendar year.
(4) No state or county political party shall transfer any moneys in the party's restricted fund to any other state or county political party.
(5) No state or county political party shall knowingly fail to file a statement required under section 3517.1012 of the Revised Code.
Sec. 3517.152. (A)(1) There is hereby created
the Ohio elections commission consisting of seven members. Not later than forty-five days after
August 24, 1995,
the
speaker of the house of representatives and the leader in the senate of the
political party of which the speaker is a member shall jointly submit to the
governor a list of five persons who are affiliated with that political party.
Not later than forty-five days after
August 24, 1995, the
two legislative leaders in the two houses of the general assembly of the major
political party of which the speaker is not a member shall jointly submit to
the governor a list of five persons who are affiliated with the major
political
party of which the speaker is not a member. Not later than fifteen days after
receiving each list, the governor shall appoint three persons from each list
to
the commission. The governor shall appoint one person from each list to a
term
that ends on December 31, 1996, one person from each list to a term
that ends on December 31, 1997, and one person from each list to a
term that ends on December 31, 1998. Not later than thirty days after the governor appoints these six
members,
they shall, by a majority vote, appoint to the commission a seventh member,
who shall not be affiliated with a political party. If the six members fail
to appoint the seventh member within this thirty-day period, the chief justice
of the supreme court, not later than thirty days after the end of the period
during which the six members were required to appoint a member, shall appoint
the seventh member, who shall not be affiliated with a political party. The
seventh member shall be appointed to a term that ends on December 31,
2001. Terms of the initial members appointed under this division
begin on January 1, 1996. (2) If a vacancy occurs in the position of the seventh member, who is not
affiliated with a political party, the six remaining members by a majority
vote shall appoint, not later than forty-five days after
the date of the vacancy,
the seventh member of the commission, who shall not be affiliated with a
political party. If these members fail to appoint the seventh member within
this forty-five-day period, the chief justice of the
supreme court, within
fifteen days after the end of this period, shall appoint the seventh member,
who shall not be affiliated with a political party. If a vacancy occurs in
any of the other six positions on the commission, the legislative leaders of
the political party from whose list of persons the member being replaced was
appointed shall submit to the governor, not later than thirty days after the
date of the vacancy, a list of three persons who are affiliated with that
political party. Not later than fifteen days after receiving the list, the
governor, with the advice and consent of the senate,
shall appoint one person from the list to the commission. (3) At no time shall more than six members of the
commission be affiliated with a political party, and, of these six
members, not more than three shall be affiliated with the same
political party. (4) In making appointments to the commission, the
governor shall take into consideration the various
geographic areas of this state and shall appoint members
so that those areas are represented on the
commission in a balanced manner, to the extent feasible. (5) Members of the commission
shall be registered electors and shall be of good moral
character. (B) Each member of the
Ohio elections commission shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed. A member
appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A
member shall continue in office subsequent to
the expiration date of the member's term until the member's successor takes
office
or until a period of sixty days has elapsed, whichever occurs
first. After the initial terms of office provided for in
division (A)(1) of this section, terms of office shall be
for five years. (C) A vacancy in the Ohio elections
commission may be caused by death, resignation, or three absences
from commission meetings in a calendar year if those
absences are caused by reasons declared invalid by a
vote of five members of the remaining members of the commission. (D) Each member of the Ohio elections commission while in the
performance of the business of the commission shall be entitled
to receive compensation at the rate of twenty-five thousand
dollars per year. Members shall be reimbursed for
expenses actually and necessarily incurred in the performance of
their duties. (E) No member of the
Ohio elections commission shall serve more than one full term unless the terms
served are served nonconsecutively. (F)(1) No member of the
Ohio elections commission shall do or be any of the following: (a) Hold, or be a candidate for, a public
office; (b) Serve on a committee supporting or opposing
a candidate or ballot question or issue; (c) Be an officer of the state central
committee, a county central committee, or a district, city,
township, or other committee of a political party or an
officer of the executive committee of the state central
committee, a county central committee, or a district, city,
township, or other committee of a political party; (d) Be a legislative agent as defined in
section 101.70 of the Revised Code or an
executive agency lobbyist as defined in section 121.60 of the
Revised Code; (e) Solicit or be involved in soliciting
contributions on behalf of a candidate, campaign committee,
political party, or political action committee, or political contributing entity; (f) Be in the unclassified service under
section 124.11 of the Revised Code; (g) Be a person or employee described in
divisions (C)(1) to (15) of section 4117.01 of the
Revised Code. (2) No member or employee of the
commission shall make a contribution to, or for the benefit of,
a campaign committee or committee in support of or opposition
to a ballot question or issue, a political party, a legislative campaign fund, or
a
political action committee, or a political contributing entity. (G)(1) The members of the Ohio elections commission shall elect a
chairperson and a
vice-chairperson. At no time shall the
chairperson and vice-chairperson be
affiliated with the same political party. The
chairperson shall serve in that capacity for
one year and shall not serve as chairperson more than
twice during a term as a member of the commission. No two
successive chairpersons shall be affiliated with the
same political party. (2) The commission shall meet at the call of the
chairperson or upon the written request of a majority of the members. The
meetings and hearings of the commission or a panel of
the commission under sections 3517.153 to 3517.157 of the Revised Code are
subject to section 121.22 of the Revised Code. (3) The commission shall adopt rules for its procedures
in accordance with Chapter 119. of the Revised
Code. Five of the seven members constitute a quorum. Except
as otherwise provided in this section and in sections
3517.154 to 3517.157 of the Revised Code, no
action shall be taken without the concurrence of a majority of
the members. (H)(1) The Ohio elections commission shall employ the
technical, professional, and clerical employees that are necessary
for it to carry out its duties. (2)(a) Notwithstanding section 109.02
of the Revised Code, the commission shall
employ a full-time
attorney, and, as needed, one or more investigatory attorneys to conduct
investigations
for the commission or a panel of the commission. The
commission may employ or contract for the services of
additional attorneys, as needed. The full-time attorney shall do
all of the following: (i) Serve as the commission's attorney in
regard to all legal matters, including representing the
commission at appeals from a final determination of the
commission, except that the full-time attorney shall not perform
the duties that an investigatory attorney is required or
requested to perform or that another attorney the commission
employs or contracts with for services is required or requested
to perform, and shall not represent the commission in any legal proceeding in
which the commission is a named party; (ii) At the request of the commission or a
panel of the commission, be present at a hearing held under
sections 3517.154 to 3517.156 of the Revised Code
to rule on the admissibility of evidence and to advise on the
conduct of procedure; (iii) Perform other duties as required by
rule of the commission. (b) An attorney employed by or under contract
with the commission shall be licensed to practice law in this
state. (3)(a) Except as otherwise provided in division
(H)(3)(b) of this section, at least five members of
the commission shall agree on the employment of a person, a
majority of the members shall agree on the discharge of an
employee, and a person employed by the commission shall serve
at the pleasure of the commission. (b) At least five of the seven members shall agree on the discharge of an
investigatory attorney. (I) There is hereby created in the state treasury the Ohio elections commission fund. All moneys credited to the fund shall be used solely for the purpose of paying expenses related to the operation of the Ohio elections commission.
Sec. 3517.155. (A)(1) Except as otherwise
provided in division (B) of this section, the
Ohio elections commission shall hold its first hearing on
a complaint filed with it, other than a complaint that receives
an expedited hearing under section 3517.156 of the
Revised Code, not later than ninety business days
after the complaint is filed unless the commission has good cause
to hold the hearing after that time, in which case it shall hold
the hearing not later than one hundred eighty business days after
the complaint is filed. At the hearing, the commission shall
determine whether or not the failure to act or the violation
alleged in the complaint has occurred and shall do only one of
the following, except as otherwise provided in division
(B) of this section or in division (B)
of section 3517.151 of the Revised Code: (a) Enter a finding that good cause has been shown not
to impose a fine or not to refer the matter to the appropriate
prosecutor; (b) Impose a fine under section 3517.993 of the
Revised Code; (c) Refer the matter to the appropriate prosecutor; (d) Direct the secretary of state or appropriate board of
elections with the authority to certify a candidate to the ballot to remove a
candidate's name from the ballot if the candidate is barred from the ballot
under division (D) of section 3517.1010 of the Revised Code. (2) As used in division (A) of this
section, "appropriate prosecutor" means a prosecutor as
defined in section 2935.01 of the Revised Code
and either of the following: (a) In the case of a failure to comply with or
a violation of law involving a campaign committee or the
committee's candidate, a political party, a legislative campaign fund, or
a political action
committee, or a political contributing entity, that is required
to file a statement of contributions
and expenditures with the secretary of state under division
(A) of section 3517.11 of the Revised
Code, the prosecutor of Franklin county; (b) In the case of a failure to comply with or
a violation of law involving any other campaign committee or
committee's candidate, or any other political party or, political
action committee, or political contributing entity either of the following as determined by the
commission: (i) The prosecutor of Franklin county; (ii) The prosecutor of the county in which the
candidacy or ballot question or issue is submitted to the
electors or, if it is submitted in more than one county, the most
populous of those counties. (B) If the commission decides that the evidence
is insufficient for it to determine whether or not the failure to
act or the violation alleged in the complaint has occurred,
the commission, by the affirmative vote of five members,
may request that an investigatory attorney investigate the
complaint. Upon that request, an investigatory attorney shall make an
investigation in order to produce sufficient evidence for the
commission to decide the matter. If the commission requests
an investigation under this division, for good cause shown by the
investigatory attorney, the commission may extend by sixty days the deadline
for
holding its first hearing on the complaint as required in
division (A) of this section. (C) The commission shall take one of the
actions required under division (A) of
this section not later than thirty days after the close of all
the evidence presented. (D)(1) The commission shall make any finding of a
failure to comply with or a violation of law in regard to a
complaint that alleges a violation of division (D) of section
3517.1010, division (A) or (B) of
section 3517.21, or division (A) or (B) of section 3517.22
of the Revised
Code by clear and convincing evidence. The commission shall make any
finding of a failure to comply with or a
violation of law in regard to any other complaint
by a preponderance of the evidence. (2) If the commission finds a violation of division
(B) of section 3517.21 or division (B) of section
3517.22 of the Revised Code, it shall refer the
matter to the appropriate prosecutor under division
(A)(1)(c) of
this
section and shall not impose a fine under division
(A)(1)(b)
of this section or section 3517.993 of the Revised Code. (E) In an action before the commission or a
panel of the commission, if the allegations of the complainant
are not proved, and the commission takes the action described in
division (A)(1)(a) of this section or a panel of the
commission takes the action described in division (C)(1)
of section 3517.156 of the Revised Code, the
commission or a panel of the commission may find that the
complaint is frivolous, and, if the commission or panel so finds, the
commission shall order the complainant to pay reasonable attorney's fees and
to
pay the costs of the commission or panel as determined
by a majority of the members of the commission. The costs paid to the
commission or panel under this division shall be
deposited into the Ohio elections commission fund.
Sec. 3517.20. (A)(1) As used in this section: (a) "Political publication for or
against a candidate" means a notice, placard, advertisement,
sample ballot, brochure, flyer, direct mailer, or other form
of general publication that is designed to promote the
nomination, election, or defeat of a candidate. (b) "Political publication for or
against an issue" means a notice, placard, advertisement, sample
ballot, brochure, flyer, direct mailer, or other form of
general publication that is designed to promote the adoption or
defeat of a ballot issue or question or to influence the voters
in an election. (c) "Public political advertising"
means newspapers, magazines, outdoor advertising facilities,
direct mailings, or other similar types of general public
political advertising, or flyers, handbills, or other
nonperiodical printed matter. (d) "Statewide candidate" has the same meaning as in section
3517.102 of the Revised Code. (e) "Legislative candidate" means a
candidate for the office of member of the general assembly. (f) "Local candidate" means a
candidate for an elective office of a political subdivision of
this state. (g) "Legislative campaign fund" has the same meaning as in
section 3517.01 of the Revised Code. (h) "Limited political action committee" means a
political action committee of fewer than ten members. (i) "Limited political contributing entity" means a political contributing entity of fewer than ten members. (j) "Designated amount" means one hundred dollars in the
case of a local candidate or a local ballot issue, two hundred
fifty dollars in the case of a legislative candidate, or five
hundred dollars in the case of a statewide candidate or a
statewide ballot issue. (j)(k) "To issue" includes to print, post, distribute,
reproduce for distribution, or cause to be issued, printed,
posted, distributed, or reproduced for distribution.
(k)(l) "Telephone bank" means more than five hundred telephone calls of an identical or substantially similar nature within any thirty-day period, whether those telephone calls are made by individual callers or by recording.
(2) No candidate, campaign committee, legislative
campaign fund, political party, or other entity, except a political action
committee or political contributing entity, shall issue a form of
political publication
for or
against a candidate, or shall make an expenditure
for the purpose of financing political communications in support of or
opposition to a candidate through public political advertising, unless the
name and residence or business address of the
candidate or the chairperson, treasurer, or secretary of the
campaign committee, legislative campaign fund, political party,
or other entity that
issues or otherwise is responsible for that political publication or
that makes an expenditure for that political communication
appears in a conspicuous place on that political
publication
or is contained within that
political communication. (3) No limited political action committee or limited political contributing entity shall do
either of the following unless the name and residence or
business address of the chairperson, treasurer, or secretary of
the limited political action committee or limited political contributing entity involved appears in a
conspicuous place in the political publication for or against a
candidate described in division (A)(3)(a) of this
section or is contained within the political communication
described in division (A)(3)(b) of this section: (a) Issue a form of political publication for or against
a candidate that costs in excess of the designated amount or
that is issued in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, a campaign
committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, a political contributing entity with ten or more members, or a
limited political action committee or limited political contributing entity that spends in excess of the
designated amount on a related or the same or similar political
publication for or against a candidate; (b) Make an expenditure in excess of the designated
amount in support of or opposition to a candidate or make an
expenditure in cooperation, consultation, or concert with, or at
the request or suggestion of, a candidate, a campaign committee,
a legislative campaign fund, a political party, a political
action committee with ten or more members, a political contributing entity with ten or more members, or a limited
political action committee or limited political contributing entity
that spends in excess of the
designated amount in support of or opposition to the same
candidate, for the purpose of financing political communications
in support of or opposition to that candidate through public
political advertising. (4) No political action committee with ten or more
members and no political contributing entity with ten or more members
shall issue a form of political
publication for or against a candidate, or shall make an
expenditure for the purpose of financing political
communications in support of or opposition to a candidate
through public political advertising, unless the name and
residence or business address of the chairperson, treasurer, or
secretary of the political action committee or political contributing entity that issues or otherwise
is responsible for that political publication or that makes an
expenditure for that political communication through public
political advertising appears in a conspicuous place in that
political publication or is contained within that political
communication. (5) No corporation, labor organization, campaign
committee, legislative campaign fund, political party, or other
entity, except a political action committee, shall issue a form of political
publication for or against an
issue, or shall make an expenditure for the purpose of financing
political communications in support of or opposition to a ballot
issue or question through public political advertising, unless
the name and residence or business address of the chairperson,
treasurer, or secretary of the corporation, labor organization,
campaign committee, legislative campaign fund, political party,
or other entity that
issues or otherwise is responsible for that political publication or
that makes an expenditure for that political communication
through public political advertising appears in a conspicuous
place in that political publication or is contained within that
political communication. (6) No limited political action committee shall do either of
the following unless the name and residence or business address
of the chairperson, treasurer, or secretary of the limited
political action committee involved appears in a conspicuous
place in the political publication for or against a ballot issue
described in division (A)(6)(a) of this section or
is contained within the political communication described in
division (A)(6)(b) of this section: (a) Issue a form of political publication for or against
a ballot issue that costs in excess of the designated amount or
that is issued in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, a campaign
committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, or a
limited political action committee that spends in excess of the designated
amount for a related or the same or similar political
publication for or against an issue; (b) Make an expenditure in excess of the designated
amount in support of or opposition to a ballot issue or make an
expenditure in cooperation, consultation, or concert with, or at
the request or suggestion of, a candidate, a campaign committee,
a legislative campaign fund, a political party, a political
action committee with ten or more members, or a limited
political action committee that spends in excess of the
designated amount in support of or opposition to the same ballot
issue, for the purpose of financing political communications in
support of or opposition to that ballot issue through public
political advertising. (7) No political action committee with ten or more
members shall issue a form of political
publication for or against an issue, or shall make an
expenditure for the purpose of financing political
communications in support of or opposition to a ballot issue or
question through public political advertising, unless the name
and residence or business address of the chairperson, treasurer, or
secretary of the political action committee that issues or otherwise is
responsible for that political publication or that makes an
expenditure for that political communication appears in a
conspicuous place in that political publication or is contained
within that political communication. (8) The disclaimer "paid political advertisement" is not
sufficient to
meet the requirements of this section. (9) If the political publication described in division
(A) of this section is
issued by the regularly constituted central or executive
committee of a political party that is organized as provided in
this chapter, it shall be sufficiently identified if
it bears the name of the committee and its chairperson or
treasurer. (10) If more than one piece of printed matter or printed
political communications are mailed as a single packet, the requirements of
division (A) of this section are met if one of the pieces of printed
matter or printed political communications in the packet contains the name and
residence or business address of the chairperson, treasurer, or secretary of
the organization or entity that issues or is responsible for the printed
matter or other printed political communications. (11) This section does not apply to the transmittal of personal
correspondence that is not reproduced by machine for general
distribution. (12) The secretary of state, by rule, may exempt from the
requirements of this section, printed matter and certain other
kinds of printed communications such as campaign buttons,
balloons, pencils, or similar items, the size or nature of which
makes it unreasonable to add an identification or disclaimer. (13) The disclaimer or identification described in division
(A) of this section, when paid for by a campaign
committee, shall be identified by the words "paid for by"
followed by the name and address of the campaign committee and
the appropriate officer of the committee, identified by name and
title. The identification or disclaimer may use reasonable abbreviations
for common terms such as "treasurer" or "committee". (B)(1) No
candidate, campaign committee, legislative campaign fund, political contributing entity,
political party, political action committee, limited political
action committee, political contributing entity, limited political contributing entity, or other entity
shall utter or cause to be uttered, over the
broadcasting facilities of any radio or television station within
this state, any communication that is designed to promote the
nomination, election, or defeat of a candidate, or the
adoption
or defeat of an issue or to influence the voters in an
election, unless the speaker identifies the speaker with
the speaker's name and residence address or unless the
communication identifies the chairperson, treasurer, or secretary of the
organization responsible for the communication with the name and residence or
business address of that officer, except that communications by radio need not
broadcast the residence or business address of the officer. However, a radio
station, for a period of at least six months, shall keep the residence or
business address on file and divulge it to any person upon request. No person operating a broadcast station or an organ of
printed media shall broadcast or print a paid political
communication that does not contain the identification required
by this section. (2) Division (B) of this section does not apply to any
communications made on behalf of a radio or television station or
network by any employee of such radio or television station or
network while acting in the course of the employee's employment. (3) No candidate or entity described in division
(B)(1) of this section shall use or cause
to be used a false,
fictitious, or fraudulent name or address in the making or
issuing of a publication or communication included within the
provisions of this section. (C) No candidate, campaign committee, legislative campaign fund, political party, political action committee, limited political action committee, political contributing entity, limited political contributing entity, or other person or entity shall conduct a telephone bank for the purpose of promoting the nomination, election, or defeat of a candidate or the adoption or defeat of an issue or to influence the voters in an election, unless the call includes a disclaimer that identifies the name of the candidate, campaign committee, legislative campaign fund, political party, political action committee, limited political action committee, political contributing entity, limited political contributing entity, or other person or entity paying for the telephone bank. (D) Before a prosecution may commence under this section, a complaint shall
be filed with the Ohio elections commission under section 3517.153 of the
Revised Code. After the complaint is filed, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code.
Sec. 3517.23. The secretary of state shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary for the administration and
enforcement of sections 3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22,
3599.03, and 3599.031 of the Revised Code and shall provide
each
candidate, political action committee, political contributing entity, legislative campaign fund,
political party, and person making disbursements to pay the direct costs of producing or airing electioneering communications with written
instructions and explanations in order to ensure compliance with sections
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and
3599.031 of the Revised Code.
Sec. 3517.992. This section establishes penalties only with
respect to
acts
or failures to act that occur on and after August
24,
1995. (A)(1) A candidate whose campaign committee
violates
division (A), (B), (C),
(D), or (V) of section 3517.13 of the
Revised Code, or
a
treasurer of a campaign committee
who violates
any of those divisions, shall be fined not more than one hundred
dollars for
each day of violation. (2) Whoever violates division (E) or (X)(5) of section
3517.13 of the
Revised Code shall be fined not
more than one hundred dollars for
each day of violation. (B) A political party that violates division
(F)(1) of
section 3517.101 of the Revised
Code shall be fined not more than
one hundred dollars for
each day of violation. (C) Whoever violates division (F)(2) of
section 3517.101 or
division (G) of section 3517.13 of
the Revised Code shall be fined
not more than ten
thousand dollars or, if the offender is a person
who was nominated or elected
to public
office, shall forfeit the
nomination or the office to which the offender was
elected, or
both. (D) Whoever violates division (F) of
section 3517.13 of the
Revised Code shall be
fined not more than three times the amount
contributed. (E) Whoever violates division (H) of
section 3517.13 of the
Revised Code shall be
fined not more than one hundred dollars. (F) Whoever violates division (O),
(P), or (Q) of section
3517.13 of the
Revised Code is guilty of a misdemeanor of the
first degree. (G) A state or county committee of a
political party that
violates division (B)(1) of section
3517.18 of the Revised Code
shall be fined not
more than twice the amount of the improper
expenditure. (H) A state or county political party that
violates division
(G) of section 3517.101 of the
Revised Code shall be fined not
more than twice
the amount of the improper expenditure or use. (I)(1) Any individual who violates division
(B)(1) of
section 3517.102 of the Revised
Code and knows that the
contribution the individual
makes violates that division
shall be
fined an amount equal to three times the
amount contributed in
excess of the amount permitted by that
division. (2) Any political action committee that violates
division
(B)(2) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount contributed in excess of
the amount
permitted by that division. (3) Any campaign committee that violates division
(B)(3) or
(5) of section 3517.102 of the
Revised Code
shall be fined an
amount equal to three times the amount
contributed in excess
of
the amount permitted by that division. (4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the
Revised Code shall
be fined an
amount equal to three times the amount transferred or
contributed
in excess of the amount permitted by
that division, as applicable. (b) Any state political party, county political party, or
state
candidate fund of a state political party or county
political party that
violates division (B)(6) of section 3517.102
of the Revised
Code shall be fined an amount equal to three times
the amount
transferred or contributed in excess of the amount
permitted by that
division, as applicable. (c) Any political contributing entity that violates division (B)(7) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division. (5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an
amount
equal to three times the amount contributed in excess of the
amount
permitted by that division. (6) Notwithstanding divisions (I)(1), (2), (3),
(4), and (5)
of this section, no violation of
division (B) of section 3517.102
of the
Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the
amount
transferred or contributed in excess of the
amount permitted by
that division meets either of the following
conditions: (a) It is completely refunded within five business days
after it
is accepted. (b) It is completely refunded on
or before the tenth
business day after notification to
the recipient of the excess
transfer or contribution by the board of
elections or the
secretary of state that a transfer or contribution in
excess of
the
permitted amount has been received. (J)(1) Any campaign committee that violates division
(C)(1),
(2), (3), or (6) of section 3517.102 of the Revised
Code shall be
fined an amount equal to three times the amount
accepted in excess
of the amount permitted by that division. (2)(a) Any county political party that violates
division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be
fined an amount equal to three times
the amount accepted. (b) Any county political party that violates division (C)(4)(a)(i) of section 3517.102 of the Revised Code shall be fined an amount from its state candidate fund equal to three times the amount accepted in excess of
the amount permitted by that
division. (c) Any state political party that violates division (C)(4)(b) of section 3517.102 of the Revised Code shall be fined an amount from its state candidate fund equal to three times the amount accepted in excess of the amount permitted by that division. (3) Any legislative campaign fund that violates
division
(C)(5) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount accepted in excess of the
amount permitted
by that division. (4) Any political action committee or political contributing entity
that
violates division (C)(7)
of
section
3517.102 of the
Revised Code shall be fined an amount equal
to three
times the
amount accepted in excess of the amount permitted by that
division. (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division
(C) of section 3517.102 of
the Revised Code occurs,
and the secretary of state shall not
refer parties to the Ohio
elections commission, if the amount
transferred or contributed
in excess of the amount permitted to be
accepted by that
division
meets either of the following
conditions: (a) It is completely refunded within five business days
after its acceptance. (b) It is completely refunded on or before the tenth
business
day after
notification to the recipient of the excess
transfer or contribution by
the
board of elections or the
secretary of
state that a transfer or contribution in excess of
the permitted amount has been received. (K)(1) Any legislative campaign fund that
violates
division
(F)(1) of section 3517.102 of the Revised
Code shall be fined
twenty-five dollars for each day of violation. (2) Any legislative campaign fund
that violates division
(F)(2) of section 3517.102 of the
Revised Code shall give to the
treasurer of state
for deposit into the state treasury to the
credit of the Ohio
elections commission fund all excess
contributions not disposed of as required
by division (E) of
section 3517.102 of the
Revised Code. (L) Whoever violates section 3517.105 of the Revised
Code
shall be fined one
thousand dollars. (M)(1) Whoever solicits a contribution in violation of
section
3517.092 or violates division (B) of section 3517.09 of
the
Revised Code is
guilty of a misdemeanor of the first degree. (2) Whoever knowingly accepts a contribution in violation of
division
(B) or
(C) of section 3517.092 of the Revised Code shall
be fined an amount equal to
three times the amount accepted in
violation of either of those divisions and
shall return to the
contributor any
amount so accepted. Whoever unknowingly
accepts a
contribution in violation of division (B) or (C)
of section
3517.092
of the Revised Code shall return to the contributor any
amount so accepted. (N) Whoever violates division (S) of
section 3517.13 of the
Revised Code shall be
fined an amount equal to three times the
amount of funds
transferred or three times the value of the assets
transferred in
violation of that division. (O) Any campaign committee that accepts a contribution or
contributions in
violation of section 3517.108 of the Revised
Code, uses a
contribution in
violation of that section, or fails
to dispose of excess contributions in
violation of that section
shall be fined an amount equal to three times the
amount accepted,
used, or kept in violation of that section. (P) Any political party, state candidate fund, legislative
candidate
fund, or
campaign committee that violates
division (T)
of section 3517.13 of
the
Revised Code shall be fined
an amount
equal to three times
the amount
contributed or accepted
in
violation of that section. (Q) A treasurer of a committee or another
person who
violates division (U) of section 3517.13 of
the Revised Code shall
be fined not more than two
hundred fifty dollars. (R) Whoever violates division (I) or
(J) of section 3517.13
of the Revised
Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating
division
(I) or (J) of section 3517.13 of the
Revised Code, the contract
awarded in violation
of either of those divisions shall be
rescinded if its terms have
not yet been performed. (S) A candidate whose campaign committee
violates or a
treasurer of a campaign committee who violates
section 3517.081 of the Revised Code,
and a candidate whose campaign committee
violates or a treasurer
of a campaign committee or another
person who violates division
(C) of section 3517.10 of
the Revised Code, shall be fined not
more than
five hundred dollars. (T) A candidate whose campaign committee
violates or a
treasurer of a committee who
violates division (B) of section 3517.09 of the Revised Code, or a candidate
whose campaign committee
violates or a treasurer of a campaign committee or
another person who violates division
(C) of section 3517.09 of
the
Revised Code
shall be fined not more than one thousand
dollars. (U) Whoever violates section 3517.20 of the
Revised Code
shall be fined not more than five
hundred dollars. (V) Whoever violates section 3517.21 or 3517.22
of the
Revised Code shall be imprisoned for not
more than six months or
fined not more than five thousand
dollars, or both. (W) A campaign committee that is
required to file a
declaration of no limits under division
(D)(2)
of section 3517.103
of the
Revised Code that, before filing that
declaration, accepts
a contribution or contributions that exceed
the limitations
prescribed in section 3517.102 of the
Revised Code, shall return
that
contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the
declaration of
filing-day finances required by division (F) of
section 3517.109 or
the declaration of primary-day finances or
declaration of year-end finances
required by division (E) of
section 3517.1010 of the Revised
Code shall be fined twenty-five
dollars for each day of
violation. (Y) Any campaign committee that fails to dispose of excess
funds
or excess aggregate contributions under division (B) of
section
3517.109 of the Revised Code in the manner required by
division (C) of that section
or under division (B) of section
3517.1010 of the Revised Code in the manner
required by division
(C) of that section shall give to the treasurer
of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the
Revised Code
all
funds not disposed of pursuant to those divisions. (Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political
party, or other entity that
violates any provision
of sections 3517.09 to 3517.12 of the Revised
Code for which no
penalty is provided for under any other division of
this section
shall be fined not more than one thousand
dollars. (AA)(1) Whoever knowingly violates division (W)(1) of
section
3517.13 of the Revised Code shall be fined an amount equal
to
three times the amount contributed, expended, or promised in
violation of that
division or ten thousand dollars, whichever
amount is
greater. (2) Whoever knowingly violates division (W)(2) of section
3517.13
of the Revised Code shall be fined an amount equal to
three
times the amount solicited or accepted in violation of that
division or ten
thousand dollars, whichever amount is greater. (BB) Whoever knowingly violates division (C) or (D) of section 3517.1011 of the Revised Code shall be fined not more than ten thousand dollars plus not more than one thousand dollars for each day of violation. (CC)(1) Subject to division (CC)(2) of this section, whoever violates division (H) of section 3517.1011 of the Revised Code shall be fined an amount up to three times the amount disbursed for the direct costs of airing the communication made in violation of that division. (2) Whoever has been ordered by the Ohio elections commission or by a court of competent jurisdiction to cease making communications in violation of division (H) of section 3517.1011 of the Revised Code who again violates that division shall be fined an amount equal to three times the amount disbursed for the direct costs of airing the communication made in violation of that division. (DD)(1) Any corporation or labor organization that violates division (X)(3)(a) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount given in excess of the amount permitted by that division.
(2) Any state or county political party that violates division (X)(3)(b) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.
Section 2. That existing sections 102.03, 2921.01, 2921.43, 3517.01, 3517.08, 3517.09, 3517.092, 3517.10, 3517.102, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 3517.152, 3517.155, 3517.20, 3517.23, and 3517.992 of the Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that the Court of Common Pleas of Franklin County has issued a preliminary injunction prohibiting the enforcement of section 3599.03 of the Revised Code, as enacted by Am. Sub. H.B. 1 of the 125th General Assembly, Special Session, in United Auto Workers Local Union 1112 v. Blackwell (March 30, 2005), Case No. O5CVH-03-2553. Therefore, this act shall go into immediate effect.
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