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S. B. No. 222 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Jones, Sawyer, Niehaus
A BILL
To amend sections 3517.01 and 3517.10 and to enact
section 3517.1014 of the Revised Code to require
vendors to disclose to campaign committees all
expenditures made on their behalf and to require
campaign committees to report all expenditures
made by third parties on their behalf.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.01 and 3517.10 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.
(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.
(26) "Vendor" means any individual, party, or entity who is
employed by, contractually related to, or otherwise affiliated
with a candidate or a campaign committee, that makes an
expenditure on behalf of, in support of, or in opposition to, a
candidate or a campaign committee.
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;
(e) In the case of a campaign committee, the full name and
address of each vendor to whom an expenditure was made and an
itemized record of all expenditure information reported by the
vendor to the campaign committee under section 3517.1014 of the
Revised Code.
(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 of the Revised Code. Subject to division (A) of
this section, divisions (E), (F), and (G) of section 3517.106,
division (D) of section 3517.1011, division (B) of section
3517.1012, and division (C) of section 3517.1013 of the Revised
Code, the statements required to be stored on computer by the
secretary of state under division (B) of section 3517.106 of the
Revised Code shall be filed in whatever format the secretary of
state considers necessary to enable the secretary of state to
store the information contained in the statements on computer. Any
such format shall be of a type and nature that is readily
available to whoever is required to file the statements in that
format.
(c) The secretary of state shall assess the need for training
regarding the filing of campaign finance statements by electronic
means of transmission and regarding associated technologies for
candidates, campaign committees, political action committees,
legislative campaign funds, political parties, or political
contributing entities, for individuals, partnerships, or other
entities, or for persons making disbursements to pay the direct
costs of producing or airing electioneering communications,
required or permitted to file statements by electronic means of
transmission under this section or section 3517.105, 3517.106,
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the
opinion of the secretary of state, training in these areas is
necessary, the secretary of state shall arrange for the provision
of voluntary training programs for candidates, campaign
committees, political action committees, legislative campaign
funds, political parties, or political contributing entities, for
individuals, partnerships, and other entities, or for persons
making disbursements to pay the direct costs of producing or
airing electioneering communications, as appropriate.
(7) Each monthly statement and each two-business-day
statement required by division (A) of this section shall contain
the information required by divisions (B)(1) to (4), (C)(2), and,
if appropriate, (C)(3) of this section. Each statement shall be
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an
expenditure, every campaign committee, political action committee,
legislative campaign fund, 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 of the Revised Code;
(b) The manner of preserving the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, or gift and disbursement information in the
statements described in division (D)(6)(a) of this section. The
secretary of state shall preserve the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, or gift and disbursement information in those
statements for at least ten years after the year in which they are
filed by electronic means of transmission.
(7) The secretary of state, pursuant to division (I) of
section 3517.106 of the Revised Code, shall make available online
to the public through the internet the contribution and
expenditure, contribution and disbursement, deposit and
disbursement, or gift and disbursement information in all
statements, all addenda, amendments, or other corrections to
statements, and all amended statements filed with the secretary of
state by electronic or other means of transmission under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of
the Revised Code. The secretary of state may remove the
information from the internet after a reasonable period of time.
(E)(1) Any person, political party, campaign committee,
legislative campaign fund, 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. 3517.1014. Any vendor that makes an expenditure on
behalf of, in support of, or in opposition to a candidate or
campaign committee shall promptly transmit a record of the
expenditure to the campaign committee of the candidate upon whose
behalf the expenditure was made. The record shall include all of
the following:
(A) The full name and address of the vendor;
(B) The month, day, and year of the expenditure;
(C) The full name and address of the entity to whom the
expenditure was made;
(D) The object or purpose for which the expenditure was made;
and
(E) The amount of the expenditure.
Section 2. That existing sections 3517.01 and 3517.10 of the
Revised Code are hereby repealed.
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