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S. B. No. 170 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Wagoner, Schaffer, Gibbs, Niehaus, Goodman
A BILL
To amend sections 3517.13 and 3517.992 of the Revised
Code to limit to $500 the amount of political
contributions that may be made by or accepted from
the principals and key employees of an entity that
is applying for a license or other authorization,
or that is licensed or otherwise authorized, to
operate video lottery terminal games in this
state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.13 and 3517.992 of the Revised
Code be amended to read as follows:
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 principal and no key employee of an entity that is
applying for a license or other authorization, or that is licensed
or otherwise authorized, to operate video lottery terminal games
in this state pursuant to sections 3770.03 and 3770.21 of the
Revised Code shall make a contribution or contributions exceeding
five hundred dollars 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 a primary election period or in a general election period.
(2) No 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 shall
accept a contribution or contributions exceeding five hundred
dollars in a primary election period or in a general election
period from a principal or a key employee of an entity that is
applying for a license or other authorization, or that is licensed
or otherwise authorized, to operate video lottery terminal games
in this state pursuant to sections 3770.03 and 3770.21 of the
Revised Code.
(3)(a) Each entity that is applying for a license or other
authorization to operate video lottery terminal games in this
state shall file with the secretary of state and, if the entity
has a facility in this state, with the board of elections of the
county in which the facility is located, a list of all principals
and all key employees not later than thirty days after submitting
the application.
(b) Each entity that is licensed or otherwise authorized to
operate video lottery terminal games in this state shall file with
the secretary of state and with the board of elections of the
county in which the facility is located a list of all principals
and all key employees not later than the first day of January and
the first day of July of each year.
(4) As used in division (AA) of this section:
(a) "Key employee" means an individual who is employed in a
director or department head capacity by an entity that is applying
for a license or other authorization, or that is licensed or
otherwise authorized, to operate video lottery terminal games in
this state and who is empowered to make discretionary decisions
that regulate video lottery terminal game operations, including
the general manager and assistant manager of the facility,
director of video lottery terminal game operations, director of
cage or credit operations, director of surveillance, director of
marketing, director of management information systems, director of
security, comptroller, and any employee who supervises the
operations of such departments or to whom such directors or
department heads report. "Key employee" also includes any other
positions designated by the state lottery commission based on
analyses of a facility's job descriptions.
(b) "Principal" means any of the following, with respect to
an entity that is applying for a license or other authorization,
or that is licensed or otherwise authorized, to operate video
lottery terminal games in this state:
(iii) A person who directly holds a beneficial interest in or
ownership of the securities of such an entity or has the ability
to elect a majority of the board of directors of, or to otherwise
control, such an entity;
(iv) A lender, other than a bank or lending institution, that
makes a loan or holds a mortgage or other lien of such an entity
that is acquired in the ordinary course of business;
(v) An underwriter of such an entity;
(vi) Any other individual or employee of such entity that the
state lottery commission determines.
Sec. 3517.992. This section establishes penalties only with
respect to
acts
or failures to act that occur on and after August
24,
1995.
(A)(1) A candidate whose campaign committee
violates
division
(A), (B), (C),
(D), or (V) of section 3517.13 of the
Revised Code,
or
a
treasurer of a campaign committee
who violates
any of those
divisions, shall be fined not more than one hundred
dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 of the
Revised Code shall be fined not
more than one
hundred dollars for
each day of violation.
(B) A political party that violates division
(F)(1) of
section 3517.101 of the Revised
Code shall be fined not more than
one hundred dollars for
each day of violation.
(C) Whoever violates division (F)(2) of
section 3517.101 or
division (G) of section 3517.13 of
the Revised Code shall be fined
not more than ten
thousand dollars or, if the offender is a person
who was nominated or elected
to public
office, shall forfeit the
nomination or the office to which the offender was
elected, or
both.
(D) Whoever violates division (F) of
section 3517.13 of the
Revised Code shall be
fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of
section 3517.13 of the
Revised Code shall be
fined not more than one hundred dollars.
(F) Whoever violates division (O),
(P), or (Q) of section
3517.13 of the
Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a
political party that
violates division (B)(1) of section
3517.18 of the Revised Code
shall be fined not
more than twice the amount of the improper
expenditure.
(H) A state or county political party that
violates division
(G) of section 3517.101 of the
Revised Code shall be fined not
more than twice
the amount of the improper expenditure or use.
(I)(1) Any individual who violates division
(B)(1) of
section
3517.102 of the Revised
Code and knows that the
contribution the
individual
makes violates that division
shall be
fined an amount
equal to three times the
amount contributed in
excess of the
amount permitted by that
division.
(2) Any political action committee that violates
division
(B)(2) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount contributed in excess of
the amount
permitted by that division.
(3) Any campaign committee that violates division
(B)(3) or
(5) of section 3517.102 of the
Revised Code
shall be fined an
amount equal to three times the amount
contributed in excess
of
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the
Revised Code shall
be fined an
amount equal to three times the amount transferred or
contributed
in excess of the amount permitted by
that division, as applicable.
(b) Any state political party, county political party, or
state
candidate fund of a state political party or county
political party that
violates division (B)(6) of section 3517.102
of the Revised
Code shall be fined an amount equal to three times
the amount
transferred or contributed in excess of the amount
permitted by that
division, as applicable.
(c) Any political contributing entity that violates division
(B)(7) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an
amount
equal to three times the amount contributed in excess of the
amount
permitted by that division.
(6) Notwithstanding divisions (I)(1), (2), (3),
(4), and (5)
of this section, no violation of
division (B) of section 3517.102
of the
Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the
amount
transferred or contributed in excess of the
amount permitted by
that division meets either of the following
conditions:
(a) It is completely refunded within five business days
after
it
is accepted.
(b) It is completely refunded on
or before the tenth
business
day after notification to
the recipient of the excess
transfer or
contribution by the board of
elections or the
secretary of state
that a transfer or contribution in
excess of
the
permitted amount
has been received.
(J)(1) Any campaign committee that violates division
(C)(1),
(2), (3), or (6) of section 3517.102 of the Revised
Code shall be
fined an amount equal to three times the amount
accepted in excess
of the amount permitted by that division.
(2)(a) Any county political party that violates
division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be
fined an amount equal to three times
the amount accepted.
(b) Any county political party that violates division
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be
fined an amount from its state candidate fund equal to three times
the amount accepted in excess of
the amount permitted by that
division.
(c) Any state political party that violates division
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined
an amount from its state candidate fund equal to three times the
amount accepted in excess of the amount permitted by that
division.
(3) Any legislative campaign fund that violates
division
(C)(5) of section 3517.102 of the
Revised Code shall be fined an
amount equal to
three times the amount accepted in excess of the
amount permitted
by that division.
(4) Any political action committee or political contributing
entity
that
violates division (C)(7)
of
section
3517.102 of the
Revised Code shall be fined an amount equal
to three
times the
amount accepted in excess of the amount permitted by that
division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division
(C) of section 3517.102 of
the Revised Code occurs,
and the secretary of state shall not
refer parties to the Ohio
elections commission, if the amount
transferred or contributed
in excess of the amount permitted to be
accepted by that
division
meets either of the following
conditions:
(a) It is completely refunded within five business days
after
its acceptance.
(b) It is completely refunded on or before the tenth
business
day after
notification to the recipient of the excess
transfer or
contribution by
the
board of elections or the
secretary of
state
that a transfer or contribution in excess of
the permitted amount
has been received.
(K)(1) Any legislative campaign fund that
violates
division
(F)(1) of section 3517.102 of the Revised
Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund
that violates division
(F)(2) of section 3517.102 of the
Revised Code shall give to the
treasurer of state
for deposit into the state treasury to the
credit of the Ohio
elections commission fund all excess
contributions not disposed of as required
by division (E) of
section 3517.102 of the
Revised Code.
(L) Whoever violates section 3517.105 of the Revised
Code
shall be fined one
thousand dollars.
(M)(1) Whoever solicits a contribution in violation of
section
3517.092 or violates division (B) of section 3517.09 of
the
Revised Code is
guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of
division
(B) or
(C) of section 3517.092 of the Revised Code shall
be fined an amount equal to
three times the amount accepted in
violation of either of those divisions and
shall return to the
contributor any
amount so accepted. Whoever unknowingly
accepts a
contribution in violation of division (B) or (C)
of section
3517.092
of the Revised Code shall return to the contributor any
amount so accepted.
(N) Whoever violates division (S) of
section 3517.13 of the
Revised Code shall be
fined an amount equal to three times the
amount of funds
transferred or three times the value of the assets
transferred in
violation of that division.
(O) Any campaign committee that accepts a contribution or
contributions in
violation of section 3517.108 of the Revised
Code, uses a
contribution in
violation of that section, or fails
to dispose of excess contributions in
violation of that section
shall be fined an amount equal to three times the
amount accepted,
used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative
candidate
fund, or
campaign committee that violates
division (T)
of section 3517.13 of
the
Revised Code shall be fined
an amount
equal to three times
the amount
contributed or accepted
in
violation of that section.
(Q) A treasurer of a committee or another
person who
violates
division (U) of section 3517.13 of
the Revised Code shall
be fined
not more than two
hundred fifty dollars.
(R) Whoever violates division (I) or
(J) of section 3517.13
of the Revised
Code shall be fined not more than one thousand
dollars. Whenever a person is found guilty of violating
division
(I) or (J) of section 3517.13 of the
Revised Code, the contract
awarded in violation
of either of those divisions shall be
rescinded if its terms have
not yet been performed.
(S) A candidate whose campaign committee
violates or a
treasurer of a campaign committee who violates
section 3517.081 of
the Revised Code,
and a candidate whose campaign committee
violates or a treasurer
of a campaign committee or another
person
who violates division
(C) of section 3517.10 of
the Revised Code,
shall be fined not
more than
five hundred dollars.
(T) A candidate whose campaign committee
violates or a
treasurer of a committee who
violates division (B) of section
3517.09 of the Revised Code, or a candidate
whose campaign
committee
violates or a treasurer of a campaign committee or
another person who violates division
(C) of section 3517.09 of
the
Revised Code
shall be fined not more than one thousand
dollars.
(U) Whoever violates section 3517.20 of the
Revised Code
shall be fined not more than five
hundred dollars.
(V) Whoever violates section 3517.21 or 3517.22
of the
Revised Code shall be imprisoned for not
more than six months or
fined not more than five thousand
dollars, or both.
(W) A campaign committee that is
required to file a
declaration of no limits under division
(D)(2)
of section 3517.103
of the
Revised Code that, before filing that
declaration, accepts
a contribution or contributions that exceed
the limitations
prescribed in section 3517.102 of the
Revised Code, shall return
that
contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the
declaration
of
filing-day finances required by division (F) of
section
3517.109 or
the declaration of primary-day finances or
declaration
of year-end finances
required by division (E) of
section 3517.1010
of the Revised
Code shall be fined twenty-five
dollars for each
day of
violation.
(Y) Any campaign committee that fails to dispose of excess
funds
or excess aggregate contributions under division (B) of
section
3517.109 of the Revised Code in the manner required by
division (C) of that section
or under division (B) of section
3517.1010 of the Revised Code in the manner
required by division
(C) of that section shall give to the treasurer
of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the
Revised Code
all
funds not
disposed of pursuant to those divisions.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political
party, or other entity that
violates any provision
of sections 3517.09 to 3517.12 of the Revised
Code for which no
penalty is provided for under any other division of
this section
shall be fined not more than one thousand
dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of
section
3517.13 of the Revised Code shall be fined an amount equal
to
three times the amount contributed, expended, or promised in
violation of that
division or ten thousand dollars, whichever
amount is
greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13
of the Revised Code shall be fined an amount equal to
three
times the amount solicited or accepted in violation of that
division or ten
thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(1) Whoever violates division (AA)(1) of section 3517.13
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.
(2) Whoever violates division (AA)(2) of section 3517.13 of
the Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
Section 2. That existing sections 3517.13 and 3517.992 of
the Revised Code are hereby repealed.
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