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Sub. H. B. No. 5 As Reported by the Senate Government Oversight CommitteeAs Reported by the Senate Government Oversight Committee
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Okey, Dodd
Cosponsors:
Representatives Garrison, Ujvagi, Garland, Newcomb, Phillips, Murray, Williams, B., DeGeeter, Szollosi, Sayre, Schneider, Yuko, Luckie, Letson, Williams, S., Adams, R., Amstutz, Bacon, Baker, Balderson, Batchelder, Belcher, Blair, Blessing, Book, Boose, Boyd, Bubp, Burke, Carney, Celeste, Chandler, Coley, Combs, Daniels, DeBose, Derickson, Dolan, Domenick, Driehaus, Dyer, Evans, Fende, Foley, Gardner, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hall, Harris, Harwood, Heard, Hite, Hottinger, Jones, Jordan, Koziura, Lehner, Lundy, Maag, Mallory, Mandel, Martin, McClain, McGregor, Mecklenborg, Moran, Morgan, Oelslager, Otterman, Patten, Pillich, Pryor, Ruhl, Sears, Skindell, Slesnick, Snitchler, Stautberg, Stebelton, Stewart, Uecker, Wachtmann, Weddington, Winburn, Yates, Zehringer
A BILL
To amend sections 3517.01, 3517.10, 3517.106,
3517.11, 3517.13, 3517.153, 3517.154, 3517.992,
and 3599.03
and to enact section 3517.1014 of
the Revised Code
to permit individuals elected
or appointed to
state office to establish
transition funds to
receive donations and to
make expenditures for
transition activities and
inaugural celebrations, to prohibit a candidate
for state office from appearing in advertising
funded with state or federal moneys during the
calendar year in which the person is seeking
nomination or election to office, and to prohibit
a state agency, board, or commission to use a
candidate's name, official position, likeness,
image, or voice in such advertising.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.01, 3517.10, 3517.106,
3517.11, 3517.13, 3517.153, 3517.154, 3517.992, and 3599.03 be
amended and
section 3517.1014 of the Revised Code be enacted to
read as
follows:
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 a candidate or a combination
of two or more persons authorized by a candidate under section
3517.081 of the Revised Code to receive contributions and make
expenditures.
(2) "Campaign treasurer" means an individual appointed by a
candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of contributions,
has given consent for another to receive contributions or make
expenditures or other use of contributions, or appoints a campaign
treasurer, for the purpose of bringing about the person's
nomination or election to public office. When two persons jointly
seek the offices of governor and lieutenant governor, "candidate"
means the pair of candidates jointly. "Candidate" does not include
candidates for election to the offices of member of a county or
state central committee, presidential elector, and delegate to a
national convention or conference of a political party.
(4) "Continuing association" means an association, other than
a campaign committee, political party, legislative campaign fund,
political contributing entity, or labor organization, that is
intended to be a permanent organization that has a primary purpose
other than supporting or opposing specific candidates, political
parties, or ballot issues, and that functions on a regular basis
throughout the year. "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 account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(h) Any donation given to a transition fund under section
3517.1014 of the Revised Code.
(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
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 either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(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, 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, 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. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political
contributing entity that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section or by electronic means of
transmission as provided in this section and section 3517.106 of
the Revised Code, a full, true, and itemized statement, made under
penalty of election falsification, setting forth in detail the
contributions and expenditures, 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, political party, or
political contributing entity that has received contributions of
less than one thousand dollars and has made expenditures of less
than one thousand dollars at the close of business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2) of this section.
If an election to select candidates to appear on the general
election ballot is held within sixty days before a general
election, the campaign committee of a successful candidate in the
earlier election may file the statement required by division
(A)(1) of this section for the general election instead of the
statement required by division (A)(2) of this section for the
earlier election if the pregeneral election statement reflects the
status of contributions and expenditures for the period twenty
days before the earlier election to twenty days before the general
election.
If a person becomes a candidate less than twenty days before
an election, the candidate's campaign committee is not required to
file the statement required by division (A)(1) of this section.
No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity is required to file a postgeneral
election statement under division (A)(2) of this section. However,
a statement under division (A)(3) of this section may be filed, at
the option of the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity.
No campaign committee of a candidate for the office of chief
justice or justice of the supreme court, and no campaign committee
of a candidate for the office of judge of any court in this state,
shall be required to file a statement under division (A)(4) of
this section.
Except as otherwise provided in this paragraph and in the
next paragraph of this section, the only campaign committees
required to file a statement under division (A)(4) of this section
are the campaign committee of a statewide candidate and the
campaign committee of a candidate for county office. The campaign
committee of a candidate for any other nonjudicial office is
required to file a statement under division (A)(4) of this section
if that campaign committee receives, during that period,
contributions exceeding ten thousand dollars.
No statement under division (A)(4) of this section shall be
required of a campaign committee, a political action committee, a
legislative campaign fund, a political party, or a political
contributing entity for any year in which the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity is required to file a
postprimary election statement under division (A)(2) of this
section. However, a statement under division (A)(4) of this
section may be filed at the option of the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity.
No statement under division (A)(3) or (4) of this section
shall be required if the campaign committee, political action
committee, legislative campaign fund, political party, or
political contributing entity has no contributions that it has
received and no expenditures that it has made since the last date
reflected in its last previously filed statement. However, the
campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity
shall file a statement to that effect, on a form prescribed under
this section and made under penalty of election falsification, on
the date required in division (A)(3) 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, political
party, or political contributing entity, including any treasurer
of the committee, fund, party, or entity, filing a contribution
and expenditure statement;
(2)(a) In the case of a campaign committee, the candidate's
full name and address;
(b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1) of this section.
(3) The date of the election and whether it was or will be a
general, primary, or special election;
(4) A statement of contributions received, which shall
include the following information:
(a) The month, day, and year of the contribution;
(b)(i) The full name and address of each person, political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity from whom
contributions are received and the registration number assigned to
the political action committee under division (D)(1) of this
section. The requirement of filing the full address does not apply
to any statement filed by a state or local committee of a
political party, to a finance committee of such committee, or to a
committee recognized by a state or local committee as its
fund-raising auxiliary. Notwithstanding division (F) 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, 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, 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, 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, and divisions (D) and (I) of section 3517.1014
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, and divisions (D) and (I) of section
3517.1014 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, 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, or for
treasurers of transition funds, 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,
or 3517.1014 of the Revised Code. If, in the opinion of the
secretary of state, training in these areas is necessary, the
secretary of state shall arrange for the provision of voluntary
training programs for candidates, campaign committees, political
action committees, legislative campaign funds, political parties,
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,
or for treasurers of transition funds, 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, political party, or political
contributing entity shall appoint a treasurer and shall file, on a
form prescribed by the secretary of state, a designation of that
appointment, including the full name and address of the treasurer
and of the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity. That designation shall be filed with the
official with whom the campaign committee, political action
committee, legislative campaign fund, political party, or
political contributing entity is required to file statements under
section 3517.11 of the Revised Code. The name of a campaign
committee shall include at least the last name of the campaign
committee's candidate. If two or more candidates are the
beneficiaries of a single campaign committee under division (B) of
section 3517.081 of the Revised Code, the name of the campaign
committee shall include at least the last name of each candidate
who is a beneficiary of that campaign committee. 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, or 3517.1014 of the Revised Code;
(b) The manner of preserving the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, or gift and disbursement, or donation 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, or donation
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, or donation 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, 3517.1014, or 3517.11 of the Revised Code.
The secretary of state may remove the information from the
internet after a reasonable period of time.
(E)(1) Any person, political party, campaign committee,
legislative campaign fund, political action committee, or
political contributing entity that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also shall
provide the registration number assigned to the committee under
division (D)(1) of this section to the recipient of the
contribution at the time the contribution is made.
(2) Any individual who makes a contribution that exceeds one
hundred dollars to a 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,
political party, or political contributing entity may use the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity may be used in addition to
that address.
(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, 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.
(3) "Candidate for county office" means a candidate for the
office of county auditor, county treasurer, clerk of the court of
common pleas, judge of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting
attorney, or coroner.
(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) In reporting the contribution, the recipient of the
contribution shall be entitled to conclusively rely upon the
information provided by the partnership or other unincorporated
business, provided that the information includes one of the
following:
(a) The name of each partner, owner, or member as of the date
of the contribution or contributions, and a statement that the
total contributions are to be allocated equally among all of the
partners, owners, or members; or
(b) The name of each partner, owner, or member as of the date
of the contribution or contributions who is participating in the
contribution or contributions, and a statement that the
contribution or contributions are to be allocated to those
individuals in accordance with the information provided by the
partnership or other unincorporated business to the recipient of
the contribution.
(3) 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.
(4) 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 together with the information
provided under division (I)(2) of this section.
(5) No partnership or other unincorporated business shall
make a contribution or contributions solely in the name of the
partnership or other unincorporated business.
(6) 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 fiscal officer 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. 3517.106. (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.
(5) The secretary of state shall store on computer the
information contained in donation and disbursement statements
required to be filed with the office of the secretary of state
under section 3517.1014 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, treasurers of transition funds, 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 certified mail 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, or a
donation 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, or an amended donation and
disbursement statement, under this section or section 3517.10,
3517.105, 3517.1011, 3517.1012,
or 3517.1013, or 3517.1014 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, or the donation 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, or the amended donation 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, or the donation 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, 3517.1014, 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, or donation 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, or any
treasurer of a transition fund, 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, or 3517.1014 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, or the treasurer of a transition fund 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, or the
treasurer of a transition fund 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, or the
treasurer of a transition fund 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, or the
treasurer of a transition fund 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 a notice 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 a notice 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. 3517.1014. (A) As used in this section:
(1) "Donation" means a gift, subscription, loan, advance, or
deposit of money, or anything of value that is specifically
designated and used to defray any costs incurred for transition
activities and inaugural celebrations and that is not used for the
purpose of directly influencing the election of any candidate for
any office.
(2) "Costs incurred for transition activities and inaugural
celebrations" means legitimate and verifiable costs that are
incurred for ordinary and necessary activities associated with
either of the following:
(a) The transfer of power or authority from one officeholder
to another following a general or special election or appointment
to office;
(b) Ceremonies, events, or activities commemorating the
commencement of a term or the commencement of an unexpired term of
an officeholder.
"Costs incurred for transition activities and inaugural
celebrations" includes, but is not limited to, costs incurred for
office expenses; salaries for transition personnel; consulting
fees; and food, beverages, and entertainment at an inaugural
celebration.
(3) "Officeholder" means a person who has been or who may
have been elected to any elective office other than a judicial
office or who has been appointed to any elective office other
than a judicial office.
(B)(1)(a) An officeholder may establish a transition fund to
receive donations and to pay costs incurred for transition
activities and inaugural celebrations. The officeholder shall
file a statement with the secretary of state establishing the
fund and designating a treasurer for the fund. The secretary of
state shall specify, by rule, the form of the statement.
(b) The treasurer shall terminate the transition fund not
later than one hundred twenty days after the fund is established.
Donations may be accepted for and deposited into a transition
fund, and disbursements may be made from a transition fund, only
during the fund's existence. Costs incurred for transition
activities and inaugural celebrations that are to be paid for
with moneys from the fund shall be incurred only during the
fund's existence.
(2) An officeholder may establish a transition fund:
(a) The day after the day of the election at which the
person seeks election to office, if, based on the number of
ballots outstanding for that election and the unofficial results
of the election, it is mathematically possible for the person to
have been elected to that office;
(b) After the person has been appointed to fill a vacancy in
an unexpired term of an elective office.
(3)(a) An officeholder who is elected at a general election
or who may be elected at a general election and who wishes to
establish a transition fund shall establish that fund not later
than the last day of December of the year in which the election
was held.
(b) An officeholder who is appointed and who wishes to
establish a transition fund shall establish that fund not later
than forty-five days after the day the person is appointed to
office.
(c) An officeholder who is elected at a special election or
who may be elected at a special election and who wishes to
establish a transition fund shall establish that fund not later
than forty-five days after the day of the special election.
(C)(1)(a) Any campaign committee and any person, including a
for-profit corporation, may make a donation to a transition fund.
(b) No campaign committee or person shall make a donation or
donations to a transition fund of an officeholder for the joint
offices of governor and lieutenant governor aggregating more than
ten thousand dollars.
(c) No campaign committee or person shall make a donation or
donations to a transition fund of any officeholder other than an
officeholder for the joint offices of governor and lieutenant
governor aggregating more than two thousand five hundred dollars.
(2) No officeholder shall accept a donation unless both of
the following apply:
(a) The officeholder has established a transition fund under
division (B) of this section; and
(b) The donation is deposited to the credit of that fund.
(3)(a) No officeholder for the joint offices of governor and
lieutenant governor or treasurer of a transition fund for the
joint offices of governor and lieutenant governor shall accept a
donation or donations from any one campaign committee or any one
person aggregating more than ten thousand dollars.
(b) No officeholder other than an officeholder for the joint
offices of governor and lieutenant governor and no treasurer of a
transition fund for any officeholder other than an officeholder
for the joint offices of governor and lieutenant governor shall
accept a donation or donations from any one campaign committee or
any one person aggregating more than two thousand five hundred
dollars.
(D)(1)(a) The treasurer of a transition fund shall keep a
strict account of all donations to the fund and all disbursements
from the fund.
(b) The treasurer of a transition fund shall deposit all
monetary donations received by the transition fund into a separate
bank or financial institution account established solely for the
transition fund.
(2) The treasurer of a transition fund shall file, by
electronic means of transmission to the office of the secretary of
state, a full, true, and itemized statement describing each
donation received and each disbursement made from the fund not
later than four p.m. of the following dates:
(a) The fifteenth day of January of the calendar year
following the general election at which the officeholder was
elected, or, if the officeholder was elected at a special election
or appointed to office, the sixty-fifth day after the transition
fund is created, to reflect donations received and disbursements
made from the creation of the transition fund to the close of
business on the fifth day before the statement is required to be
filed;
(b) The fifteenth day of each subsequent month of the fund's
existence, to reflect donations received and disbursements made
from the close of business on the last day reflected in the last
previously filed statement to the close of business on the fifth
day before the statement is required to be filed.
(3) Each statement required under division (D)(2) of this
section shall contain the following information:
(a) The full name and address of the treasurer filing the
statement and the full name and address of the officeholder who
is the beneficiary of the transition fund;
(b) The balance in the transition fund brought forward from
the most recently filed statement, if any;
(c) A statement of donations received, which shall include
all of the following:
(i) The month, day, and year on which each donation was
received;
(ii) The full name and street address of each donor;
(iii) The nature of each donation, if other than money;
(iv) The value of each donation in dollars and cents; and
(v) If applicable, the name of the donor's current employer,
or, if the donor is self-employed, the donor's occupation and the
name of the donor's business.
(d) A statement of disbursements, which shall include all of
the following:
(i) The name and address of the recipient of each
disbursement;
(ii) The date of each disbursement;
(iii) The amount of each disbursement;
(iv) The purpose for which each disbursement was made; and
(v) The date the transition fund incurred the cost for which
the disbursement was made.
(e) The balance remaining in the fund.
(E)(1) No treasurer of a transition fund shall knowingly fail
to file a statement required to be filed under this section.
(2) No treasurer of a transition fund shall knowingly fail to
report, or shall knowingly misrepresent, a donation required to be
reported on a statement required to be filed under this section.
(3) No treasurer of a transition fund shall knowingly fail to
report, or shall knowingly misrepresent, a disbursement required
to be reported on a statement required to be filed under this
section.
(F) Upon request, the secretary of state shall issue a
receipt for each statement filed under this section. The secretary
of state shall maintain a record of the filing for at least ten
years. All statements filed under this section shall be open to
public inspection in the office in which they are filed.
(G)(1) Except as otherwise provided in division (H)(1) or (2)
of this section, no treasurer of a transition fund shall make a
disbursement from the fund for a purpose other than to pay costs
incurred for transition activities and inaugural celebrations.
(2) No treasurer of a transition fund shall make a
disbursement from the fund to make a contribution to a campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity.
(3) No treasurer of a transition fund shall make a
disbursement from the fund to reimburse any personal expenses of
the beneficiary of the transition fund, except to reimburse the
beneficiary of the transition fund for costs incurred for
transition activities and inaugural celebrations.
(4) No treasurer of a transition fund shall make a
disbursement from the fund for the purpose of influencing the
results of any election.
(H)(1) Except as otherwise provided in division (H)(2) of
this section, after the payment of all costs incurred for
transition activities and inaugural celebrations, the treasurer
of the transition fund shall dispose of any money or assets
remaining in the transition fund prior to terminating the fund
by doing either of the following:
(a) Giving the amount, pro rata, to all persons who made
donations to that transition fund as a refund of all or part of
their donations;
(b) 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.
(2) If, upon the completion of the canvass of election
returns for the election at which the beneficiary of a transition
fund seeks election to office, it is determined that the
beneficiary has not been elected to that office, within thirty
days after the completion of the canvass the treasurer of the
beneficiary's transition fund shall dispose of all assets
remaining in the transition fund in the manner provided in
division (H)(1) of this section.
(3) In disposing of assets under division (H)(1) or (2) of
this section, the treasurer of a transition fund shall not refund
to any campaign committee any donation received from that campaign
committee.
(I)(1) Not later than one hundred twenty days after a
transition fund has been established, the treasurer of the
transition fund shall file a final statement of donations and
disbursements under division (D) of this section that shall
include the disbursements made under division (H)(1) of this
section, as applicable. The final statement shall be filed with a
termination statement that meets the requirements of division
(I)(3) of this section.
(2) Not later than thirty-five days after a determination
that the beneficiary of a transition fund has not been elected to
office under division (H)(2) of this section, the treasurer of the
transition fund shall file a final statement of donations and
disbursements under division (D) of this section that shall
include the disbursements made under division (H)(2) of this
section, as applicable. The final statement shall be filed with a
termination statement that meets the requirements of division
(I)(3) of this section.
(3) The secretary of state shall specify, by rule, the form
of the termination statement required to be filed under division
(I)(1) or (2) of this section. The rule shall require that a copy
of all available statements from the bank or other financial
institution that held transition fund moneys be filed with the
termination statement. The bank or financial institution
statements shall contain a zero balance confirming that all
transition fund moneys were disposed of prior to the termination
of the transition fund. If final bank or financial institution
statements are not available at the time of the filing of the
termination statement, the rule shall require the treasurer of the
transition fund to do both of the following:
(a) State in the termination statement that all transition
fund moneys were disposed of prior to the termination of the
transition fund;
(b) File with the secretary of state copies of the final bank
or financial institution statements within five days after the
treasurer receives those statements from the bank or financial
institution.
(4) Upon the filing of a termination statement, the
transition fund shall cease to exist.
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 certified
mail 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;
(v) A donation and disbursement statement prescribed under
section 3517.1014 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, and 3517.1014 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,
and donation 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, or donation 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, or donations
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, and 3517.1014 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, or donations 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 a 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.
(Y) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract, other than one awarded by
competitive bidding, for the purchase of goods costing more than
five hundred dollars or services costing more than five hundred
dollars to any individual, partnership, association, including,
without limitation, a professional association organized under
Chapter 1785. of the Revised Code, estate, or trust, if the
individual has made, or the individual's spouse has made, or any
partner, shareholder, administrator, executor, or trustee, or the
spouses of any of those individuals has made, as an individual,
within the two previous calendar years, one or more contributions
totaling in excess of one thousand dollars to the campaign
committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
(Z) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
business with or award any contract, other than one awarded by
competitive bidding, 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 the owner, has made, as an
individual, within the two previous calendar years, taking into
consideration only owners for all of such period, one or more
contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to
the campaign committee of any candidate for the office of governor
or lieutenant governor.
(AA)(1) No state agency, board, or commission shall use the
name, official position, likeness, image, or voice of a candidate
for nomination or election to a state office in any advertising,
during the calendar year in which the candidate is seeking
nomination or election.
(2) No person who is a candidate for nomination or election
to a state office shall knowingly appear in, or knowingly use the
person's name, official position, likeness, image, or voice,
during the calendar year in which the person is seeking nomination
or election, in any advertising with an aggregate cost exceeding
ten thousand dollars that is funded directly or indirectly by
state or federal moneys;
(3) An individual is a candidate for nomination or election
to a state office if any of the following apply:
(a) The individual has filed a declaration of candidacy and
petition, a nominating petition, or a declaration of intent to be
a write-in candidate for a state office;
(b) The individual has publicly announced the individual's
intention to seek nomination or election to a state office;
(c) The individual has an active campaign committee for
nomination or election to a state office at the time the paid
advertising materials are distributed.
(4) The determination of whether a state candidate appears
in, or allows the candidate's name, official position, likeness,
image, or voice to be used in, advertising shall be determined as
of the date the advertising materials are distributed to the
public.
(5) As used in division (AA) of this section:
(a) "Advertising" means any advertising distributed by
television or radio.
(b) "State office" means any of the offices of governor,
lieutenant governor, attorney general, auditor of state, secretary
of state, treasurer of state, member of the general assembly, or
chief justice or justice of the Ohio supreme court.
Sec. 3517.153. (A) Upon the filing of a complaint with the
Ohio elections commission, which shall be made by affidavit of any
person, on personal knowledge, and subject to the penalties for
perjury, or upon the filing of a complaint made by the secretary
of state or an official at the board of elections, setting forth a
failure to comply with or a violation of any provision in sections
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,
or 3599.031 of the Revised Code, the commission shall proceed in
accordance with sections 3517.154 to 3517.157 of the Revised Code.
(B) The commission shall prescribe the form for complaints
made under division (A) of this section. The secretary of state
and boards of elections shall furnish the information that the
commission requests. The commission or a member of the commission
may administer oaths, and the commission may issue subpoenas to
any person in the state compelling the attendance of witnesses and
the production of relevant papers, books, accounts, and reports.
Section 101.42 of the Revised Code governs the issuance of
subpoenas insofar as applicable. Upon the refusal of any person to
obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin
county under section 2705.03 of the Revised Code. The court shall
hold proceedings in accordance with Chapter 2705. of the Revised
Code.
(C) No prosecution shall commence for a violation of a
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code
unless a complaint has been filed with the commission under this
section and all proceedings of the commission or a panel of the
commission, as appropriate, under sections 3517.154 to 3517.157 of
the Revised Code are completed.
(D) The commission may recommend legislation and render
advisory opinions concerning sections 3517.08, 3517.082, 3517.092,
3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20
to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons
over whose acts it has or may have jurisdiction. When the
commission renders an advisory opinion relating to a specific set
of circumstances involving any of those sections stating that
there is no violation of a provision in those sections, the person
to whom the opinion is directed or a person who is similarly
situated may reasonably rely on the opinion and is immune from
criminal prosecution and a civil action, including, without
limitation, a civil action for removal from public office or
employment, based on facts and circumstances covered by the
opinion.
(E) The commission shall establish a web site on which it
shall post, at a minimum, all decisions and advisory opinions
issued by the commission and copies of each election law as it is
amended by the general assembly. The commission shall update the
web site regularly to reflect any changes to those decisions and
advisory opinions and any new decisions and advisory opinions.
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio
elections commission shall review each complaint filed with the
commission under section 3517.153 of the Revised Code, shall
determine the nature of the complaint, and, unless division
(A)(2)(a) of this section requires that the complaint receive an
automatic expedited hearing, shall make a recommendation to the
commission for its disposition, in accordance with this section.
The attorney shall make the determination and the recommendation,
if required, not later than one business day after the complaint
is filed.
(2)(a) If the attorney determines that the complaint sets
forth a violation of division (B) of section 3517.21 or division
(B) of section 3517.22 of the Revised Code and that the complaint
is filed during one of the periods of time specified in division
(B)(1) of section 3517.156 of the Revised Code, or that the
complaint sets forth a violation of section 3517.103 of the
Revised Code or a violation described in division (D) of section
3517.1010 of the Revised Code, the complaint shall receive an
automatic expedited hearing under section 3517.156 of the Revised
Code.
(b) If the attorney determines that the complaint sets forth
a failure to comply with or a violation of division (G), (I), (J),
(O), (P), or (Q) of section 3517.13, division (A) of section
3517.21, or division (A) of section 3517.22 of the Revised Code
and that the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised
Code, the attorney shall recommend to the commission that the
complaint receive an expedited hearing under section 3517.156 of
the Revised Code, and the complaint shall receive such a hearing.
(c) If the attorney determines that the complaint sets forth
a failure to comply with or a violation of a section of the
Revised Code over which the commission has jurisdiction to hear
complaints other than the sections described in divisions
(A)(2)(a) and (b) of this section, and unless the attorney makes a
determination as provided for in division (A)(3) of this section,
the attorney shall recommend to the commission that the complaint
be submitted to the commission under section 3517.155 of the
Revised Code. After the attorney makes that recommendation, the
attorney shall notify all parties to the complaint of the
attorney's recommendation.
(3)(a) If a complaint sets forth a failure to comply with or
a violation of a section of the Revised Code over which the
commission has jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and (b) of this section
and if the complaint is filed during one of the periods of time
specified in division (B)(1) of section 3517.156 of the Revised
Code, the attorney may determine that the complaint should receive
an expedited hearing under that section. The attorney shall make
that determination by considering one or more of the following:
(i) The number of prior failures to comply with or violations
of Title XXXV of the Revised Code that the person or entity
against whom the complaint has been brought has committed and any
prior penalties the commission has imposed on the person or
entity;
(ii) If the complaint involves a statement required to be
filed under section 3517.10, division (E) of section 3517.102, or
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, or 3517.1012, or 3517.1014 of the Revised Code or an
addendum required to be filed under section 3517.11 of the Revised
Code that is filed late, how late the filing is and how much time
has elapsed between the deadline for filing the statement or
addendum and the filing of the complaint;
(iii) If the complaint involves contributions and
expenditures, contributions and disbursements, deposits and
disbursements, or gifts and disbursements, or donations and
disbursements required to be reported under section 3517.10,
division (E) of section 3517.102, or section 3517.105, 3517.107,
3517.108, 3517.109, 3517.1011, 3517.1012, or 3517.1013, or
3517.1014 of the Revised Code that are either not reported or
reported late, the number of contributions and expenditures,
contributions and disbursements, deposits and disbursements, or
gifts and disbursements, or donations and disbursements not
reported or how late they were reported;
(iv) If the complaint involves contributions required to be
reported by a campaign committee under section 3517.10, division
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108,
or 3517.109 of the Revised Code that are not reported, whether any
of the contributors of the contributions not reported have a
personal or professional relationship with the campaign
committee's candidate;
(v) If the complaint involves a statement required to be
filed under section 3517.10, division (E) of section 3517.102, or
section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109,
3517.1011, 3517.1012, or 3517.1013, or 3517.1014 of the Revised
Code that is incomplete, the degree to which it is incomplete;
(vi) If the complaint involves the receipt of contributions
in violation of section 3599.03 of the Revised Code, the dollar
amount and number of contributions received in violation of that
section;
(vii) If the complaint involves a failure to make the
identification or a misstatement of the identification required
under section 3517.105 or 3517.20 of the Revised Code, whether the
failure or misstatement was purposely made;
(viii) If the complaint sets forth a failure to comply with
or a violation of a section of the Revised Code described in
division (A)(2)(c) of this section, whether the person or entity
against whom the complaint has been made has committed more than
one such failure or violation within a reasonable amount of time,
or whether the cumulative nature of the failures or violations
indicates a systematic disregard for the law.
(b) Prior to making a determination under division (A)(3)(a)
of this section that the complaint should receive an expedited
hearing under section 3517.156 of the Revised Code, the attorney
shall take into consideration the number of panels of the
commission that have cases pending before them and the number of
cases pending before the panels and shall not make a determination
that will place an undue burden on a panel of the commission.
(c) If the attorney determines that the complaint should
receive an expedited hearing under section 3517.156 of the Revised
Code, the attorney shall recommend to the commission that the
complaint receive an expedited hearing, and, if a majority of the
members of the commission agrees with the recommendation, the
complaint shall receive an expedited hearing under that section.
(4) The attorney may join two or more complaints if the
attorney determines that the allegations in each complaint are of
the same or similar character, are based on the same act or
failure to act, or are based on two or more acts or failures to
act constituting parts of a common scheme or plan. If one
complaint contains two or more allegations, the attorney may
separate the allegations if they are not of the same or similar
character, if they are not based on the same act or failure to
act, or if they are not based on two or more acts or failures to
act constituting parts of a common scheme or plan. If the attorney
separates the allegations in a complaint, the attorney may make
separate recommendations under division (A)(2) or (3) of this
section for each allegation.
(B) Whenever a person or other entity files a complaint with
the commission setting forth a failure to comply with or a
violation of a section of the Revised Code as described in
division (A)(2)(c) of this section and the complaint is filed
during one of the periods of time specified in division (B)(1) of
section 3517.156 of the Revised Code, the person or entity may
request an expedited hearing under that section at the time the
complaint is filed. The attorney for the commission shall inform
the members of the commission of that request at the time the
attorney makes a recommendation under division (A) of this
section. The commission may grant the request for an expedited
hearing under this division if it determines that an expedited
hearing is practicable.
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 or division (E)(1) of section 3517.1014 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, or division (E)(2) or (3) of
section 3517.1014 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)(1) 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.
(2) Any treasurer of a transition fund that fails to dispose
of assets remaining in the transition fund as required under
division (H)(1) or (2) of section 3517.1014 of the Revised Code
shall give to the treasurer of state for deposit into the Ohio
elections commission fund all assets not disposed of pursuant to
that division.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political party, treasurer of a transition fund, 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.
(EE)(1) Any campaign committee or person who violates
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount donated
in excess of the amount permitted by that division.
(2) Any officeholder or treasurer of a transition fund who
violates division (C)(3)(a) or (b) of section 3517.1014 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.
(FF)(1) For a violation of division (AA)(1) of section
3517.13 of the Revised Code, any person may seek a writ of
mandamus or prohibition from the Ohio supreme court.
(2) Whoever violates division (AA)(2) of section 3517.13 of
the Revised Code is guilty of a misdemeanor of the first degree.
(3) Any person may report an alleged violation of division
(AA)(1) or (2) of section 3517.13 of the Revised Code.
Sec. 3599.03. (A)(1) Except to carry on activities specified
in sections 3517.082 and 3517.1011, division (A)(2) of section
3517.1012, division (B) of section 3517.1013, division (C)(1) of
section 3517.1014, and section 3599.031 of the Revised Code and
except as provided in divisions (D), (E), and (F) of this section,
no corporation, no nonprofit corporation, and no labor
organization, directly or indirectly, shall pay or use, or offer,
advise, consent, or agree to pay or use, the corporation's money
or property, or the labor organization's money, including dues,
initiation fees, or other assessments paid by members, or
property, for or in aid of or opposition to a political party, a
candidate for election or nomination to public office, a political
action committee including a political action committee of the
corporation or labor organization, a legislative campaign fund, or
any organization that supports or opposes any such candidate, or
for any partisan political purpose, shall violate any law
requiring the filing of an affidavit or statement respecting such
use of those funds, or shall pay or use the corporation's or labor
organization's money for the expenses of a social fund-raising
event for its political action committee if an employee's or labor
organization member's right to attend such an event is predicated
on the employee's or member's contribution to the corporation's or
labor organization's political action committee.
(2) Whoever violates division (A)(1) of this section shall be
fined not less than five hundred nor more than five thousand
dollars.
(B)(1) No officer, stockholder, attorney, or agent of a
corporation or nonprofit corporation, no member, including an
officer, attorney, or agent, of a labor organization, and no
candidate, political party official, or other individual shall
knowingly aid, advise, solicit, or receive money or other property
in violation of division (A)(1) of this section.
(2) Whoever violates division (B)(1) of this section shall be
fined not more than one thousand dollars, or imprisoned not more
than one year, or both.
(C) A corporation, a nonprofit corporation, or a labor
organization may use its funds or property for or in aid of or
opposition to a proposed or certified ballot issue. Such use of
funds or property shall be reported on a form prescribed by the
secretary of state. Reports of contributions in connection with
statewide ballot issues shall be filed with the secretary of
state. Reports of contributions in connection with local issues
shall be filed with the board of elections of the most populous
county of the district in which the issue is submitted or to be
submitted to the electors. Reports made pursuant to this division
shall be filed by the times specified in divisions (A)(1) and (2)
of section 3517.10 of the Revised Code.
(D)(1) Any gift made pursuant to section 3517.101 of the
Revised Code does not constitute a violation of this section or of
any other section of the Revised Code.
(2) Any gift made pursuant to division (A)(2) of section
3517.1012 of the Revised Code does not constitute a violation of
this section.
(3) Any gift made pursuant to division (B) of section
3517.1013 of the Revised Code does not constitute a violation of
this section.
(4) Any donation made pursuant to division (C)(1) of section
3517.1014 of the Revised Code does not constitute a violation of
this section.
(E) Any compensation or fees paid by a financial institution
to a state political party for services rendered pursuant to
division (B) of section 3517.19 of the Revised Code do not
constitute a violation of this section or of any other section of
the Revised Code.
(F)(1) The use by a nonprofit corporation of its money or
property for communicating information for a purpose specified in
division (A) of this section is not a violation of that division
if the stockholders, members, donors, trustees, or officers of the
nonprofit corporation are the predominant recipients of the
communication.
(2) The placement of a campaign sign on the property of a
corporation, nonprofit corporation, or labor organization is not a
use of property in violation of division (A) of this section by
that corporation, nonprofit corporation, or labor organization.
(3) The use by a corporation or labor organization of its
money or property for communicating information for a purpose
specified in division (A) of this section is not a violation of
that division if it is not a communication made by mass broadcast
such as radio or television or made by advertising in a newspaper
of general circulation but is a communication sent exclusively to
members, employees, officers, or trustees of that labor
organization or shareholders, employees, officers, or directors of
that corporation or to members of the immediate families of any
such individuals or if the communication intended to be so sent
exclusively is unintentionally sent as well to a de minimis number
of other individuals.
(G) 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 section
March 31, 2005, pursuant to Chapter 4117. of the Revised Code.
(H) As used in this section, "labor organization" has the
same meaning as in section 3517.01 of the Revised Code.
Section 2. That existing sections 3517.01, 3517.10,
3517.106, 3517.11, 3517.13, 3517.153, 3517.154, 3517.992, and
3599.03 of
the Revised Code are hereby repealed.
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