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Sub. S. B. No. 240 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Grendell, Wagoner, Jones, Cafaro, Faber, Gibbs, Harris, Miller, R., Morano, Sawyer, Schaffer, Smith, Strahorn, Turner, Widener, Wilson, Carey, Kearney
A BILL
To amend sections 3517.01, 3517.105, 3517.1011,
3517.13, 3517.992, 3599.03, 5727.61, and 5733.27
of the Revised Code to permit domestic
corporations and labor organizations to make
independent expenditures and electioneering
communications in support of or opposition to
candidates for nomination or election, to require
a domestic corporation or labor organization that
makes such expenditures to file related campaign
finance statements, to require reporting of
independent expenditures only for expenditures of
five hundred dollars or more, to require
independent expenditures of ten thousand dollars
or more to be reported as electioneering
communications, and to revise the definition of a
political action committee for the purpose of the
Campaign Finance Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.01, 3517.105, 3517.1011,
3517.13, 3517.992, 3599.03, 5727.61, and 5733.27 of the Revised
Code be amended 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, that has more than two thousand five hundred
dollars in its treasury and makes aggregate total contributions
and expenditures of one thousand dollars or more per calendar
year, and 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 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, corporation, labor organization, or other
organization or group of persons, but not a labor organization or
a corporation unless the labor organization or corporation is a
political contributing entity.
(b) "Advocating" means any communication containing a message
advocating election or defeat.
(c) "Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent by
unambiguous reference.
(d) "Made in coordination, cooperation, or consultation with,
or at the request or suggestion of, any candidate or the campaign
committee or agent of the candidate" means made pursuant to any
arrangement, coordination, or direction by the candidate, the
candidate's campaign committee, or the candidate's agent prior to
the publication, distribution, display, or broadcast of the
communication. An expenditure is presumed to be so made when it is
any of the following:
(i) Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or has
been, receiving any form of compensation or reimbursement from the
candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a candidate, unless the expenditure is made by a political
party to conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written
authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate, or means any
person who has been placed in a position with the candidate's
campaign committee or organization such that it would reasonably
appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee
organization; a federation of labor unions, groups, locals, or
other employee organizations; an auxiliary of a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in which employees participate and that exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, hours, and other
terms and conditions of employment.
(19) "Separate segregated fund" means a separate segregated
fund established pursuant to the Federal Election Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21) "Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any section of
the Revised Code, or authorized by a final judgment of a court of
competent jurisdiction.
Sec. 3517.105. (A)(1) As used in this section, "public
political advertising" means advertising to the general public
through a broadcasting station, newspaper, magazine, poster, yard
sign, or outdoor advertising facility, by direct mail, or by any
other means of advertising to the general public.
(2) For purposes of this section and section 3517.20 of the
Revised Code, a person is a member of a political action committee
if the person makes one or more contributions to that political
action committee, and a person is a member of a political
contributing entity if the person makes one or more contributions
to, or pays dues, membership fees, or other assessments to, that
political contributing entity.
(B)(1) Whenever a candidate, a campaign committee, a
political action committee or political contributing entity with
ten or more members, a corporation, a labor organization, or a
legislative campaign fund makes an independent expenditure, or
whenever a political action committee or political contributing
entity with fewer than ten members makes an independent
expenditure in excess of one hundred dollars for a local
candidate, in excess of two hundred fifty dollars for a candidate
for the office of member of the general assembly, or in excess of
five hundred dollars for a statewide candidate, or more for the
purpose of financing communications advocating the election or
defeat of an identified candidate or solicits without the
candidate's express consent a contribution for or against an
identified candidate through public political advertising, a
statement shall appear or be presented in a clear and conspicuous
manner in the advertising that does both of the following:
(a) Clearly indicates that the communication or public
political advertising is not authorized by the candidate or the
candidate's campaign committee;
(b) Clearly identifies the candidate, campaign committee,
political action committee, political contributing entity,
corporation, labor organization, or legislative campaign fund that
has paid for the communication or public political advertising in
accordance with section 3517.20 of the Revised Code.
(2)(a) Whenever Subject to division (B)(2)(c) of this
section, whenever any campaign committee, legislative campaign
fund, political action committee, political contributing entity,
or political party makes an independent expenditure of five
hundred dollars or more in support of or opposition to any
candidate, the committee, entity, fund, or party shall report the
independent expenditure and identify the candidate on a statement
prescribed by the secretary of state and filed by the committee,
entity, fund, or party as part of its statement of contributions
and expenditures pursuant to division (A) of section 3517.10 and
division (A) of section 3517.11 of the Revised Code.
(b) Whenever Subject to division (B)(2)(c) of this section,
whenever any individual, partnership, corporation, labor
organization, or other entity, except a corporation, labor
organization, campaign committee, legislative campaign fund,
political action committee, political contributing entity, or
political party, makes one or more independent expenditures of
five hundred dollars or more in support of or opposition to any
candidate, the individual, partnership, corporation, labor
organization, or other entity shall file with the secretary of
state in the case of a statewide candidate, or with the board of
elections in the county in which the candidate files the
candidate's petitions for nomination or election for district or
local office, not later than the dates specified in divisions
(A)(1), (2), (3), and (4) of section 3517.10 of the Revised Code,
and, except as otherwise provided in that section, a statement
itemizing all independent expenditures made during the period
since the close of business on the last day reflected in the last
previously filed such statement, if any. The statement shall be
made on a form prescribed by the secretary of state or shall be
filed by electronic means of transmission pursuant to division (G)
of section 3517.106 of the Revised Code as authorized or required
by that division. The statement shall indicate the date and the
amount of each independent expenditure and the candidate on whose
behalf it was made and shall be made under penalty of election
falsification.
(c) Any independent expenditure of ten thousand dollars or
more in support of or opposition to any candidate that is made
during the period beginning on the ninetieth day before the
primary election and ending on the day of the general election
shall be deemed an electioneering communication for the purpose of
section 3517.1011 of the Revised Code and shall be reported in
accordance with the requirements of that section.
(d) If a corporation or labor organization files a statement
under division (B)(2)(b) or (c) of this section, the statement
also shall identify the source of any amounts the corporation or
labor organization received during the period since the close of
business on the last day reflected in the last previously filed
such statement that, in the aggregate, exceed five thousand
dollars and that were not received in the ordinary course of
business and were not received in exchange for goods and services
provided by the corporation or labor organization.
(C)(1) Whenever a corporation, labor organization, campaign
committee, political action committee with ten or more members, or
legislative campaign fund makes an independent expenditure, or
whenever a political action committee with fewer than ten members
makes an independent expenditure in excess of one hundred dollars
for a local ballot issue or question, or in excess of five hundred
dollars for a statewide ballot issue or question, or more for the
purpose of financing communications advocating support of or
opposition to an identified ballot issue or question or solicits
without the express consent of the ballot issue committee a
contribution for or against an identified ballot issue or question
through public political advertising, a statement shall appear or
be presented in a clear and conspicuous manner in the advertising
that does both of the following:
(a) Clearly indicates that the communication or public
political advertising is not authorized by the identified ballot
issue committee;
(b) Clearly identifies the corporation, labor organization,
campaign committee, legislative campaign fund, or political action
committee that has paid for the communication or public political
advertising in accordance with section 3517.20 of the Revised
Code.
(2)(a) Whenever any corporation, labor organization, campaign
committee, legislative campaign fund, political party, or
political action committee makes an independent expenditure of
five hundred dollars or more in support of or opposition to any
ballot issue or question, the corporation or labor organization
shall report the independent expenditure in accordance with
division (C) of section 3599.03 of the Revised Code, and the
campaign committee, legislative campaign fund, political party, or
political action committee shall report the independent
expenditure and identify the ballot issue or question on a
statement prescribed by the secretary of state and filed by the
committee, fund, or party as part of its statement of
contributions and expenditures pursuant to division (A) of section
3517.10 and division (A) of section 3517.11 of the Revised Code.
(b) Whenever any individual, partnership, or other entity,
except a corporation, labor organization, campaign committee,
legislative campaign fund, political action committee, or
political party, makes one or more independent expenditures in
excess of one of five hundred dollars or more in support of or
opposition to any ballot issue or question, the individual,
partnership, or other entity shall file with the secretary of
state in the case of a statewide ballot issue or question, or with
the board of elections in the county that certifies the issue or
question for placement on the ballot in the case of a district or
local issue or question, not later than the dates specified in
divisions (A)(1), (2), (3), and (4) of section 3517.10 of the
Revised Code, and, except as otherwise provided in that section, a
statement itemizing all independent expenditures made during the
period since the close of business on the last day reflected in
the last previously filed such statement, if any. The statement
shall be made on a form prescribed by the secretary of state or
shall be filed by electronic means of transmission pursuant to
division (G) of section 3517.106 of the Revised Code as authorized
or required by that division. The statement shall indicate the
date and the amount of each independent expenditure and the ballot
issue or question in support of or opposition to which it was made
and shall be made under penalty of election falsification.
(3) No person, campaign committee, legislative campaign fund,
political action committee, corporation, labor organization, or
other organization or association shall use or cause to be used a
false or fictitious name in making an independent expenditure in
support of or opposition to any candidate or any ballot issue or
question. A name is false or fictitious if the person, campaign
committee, legislative campaign fund, political action committee,
corporation, labor organization, or other organization or
association does not actually exist or operate, if the
corporation, labor organization, or other organization or
association has failed to file a fictitious name or other
registration with the secretary of state, if it is required to do
so, or if the person, campaign committee, legislative campaign
fund, or political action committee has failed to file a
designation of the appointment of a treasurer, if it is required
to do so by division (D)(1) of section 3517.10 of the Revised
Code.
(D) Any expenditure by a political party for the purpose of
financing communications advocating the election or defeat of a
candidate for judicial office shall be deemed to be an independent
expenditure subject to the provisions of this section.
Sec. 3517.1011. (A) As used in this section:
(1) "Address" has the same meaning as in section 3517.10 of
the Revised Code.
(2) "Broadcast, cable, or satellite communication" means a
communication that is publicly distributed by a television
station, radio station, cable television system, or satellite
system.
(3) "Candidate" has the same meaning as in section 3501.01 of
the Revised Code;.
(4) "Contribution" means 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 person other than the person to whom the services
are rendered for the personal services of another person, that is
made, received, or used to pay the direct costs of producing or
airing electioneering communications.
(5)(a) "Coordinated electioneering communication" means any
electioneering communication that is made pursuant to any
arrangement, coordination, or direction by a candidate or a
candidate's campaign committee, by an officer, agent, employee, or
consultant of a candidate or a candidate's campaign committee, or
by a former officer, former agent, former employee, or former
consultant of a candidate or a candidate's campaign committee
prior to the airing, broadcasting, or cablecasting of the
communication. An electioneering communication is presumed to be a
"coordinated electioneering communication" when it is either of
the following:
(i) Based on information about a candidate's plans, projects,
or needs provided to the person making the disbursement by the
candidate or the candidate's campaign committee, by an officer,
agent, employee, or consultant of the candidate or the candidate's
campaign committee, or by a former officer, former agent, former
employee, or former consultant of the candidate or the candidate's
campaign committee, with a view toward having the communication
made;
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds on behalf of a candidate or
the candidate's campaign committee, who is, or has been, an
officer, agent, employee, or consultant of the candidate or 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 from an officer, agent,
employee, or consultant of the candidate or of the candidate's
campaign committee.
(b) An electioneering communication shall not be presumed to
be a "coordinated electioneering communication" under division
(A)(5)(a)(ii) of this section if the communication is made through
any person who provides a service that does not affect the content
of the communication, such as communications placed through the
efforts of a media buyer, unless that person also affects the
content of the communication.
(6) "Disclosure date" means both of the following:
(a) The first date during any calendar year by which a person
makes disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of ten
thousand dollars;
(b) The same day of the week of each remaining week in the
same calendar year as the day of the week of the initial
disclosure date established under division (A)(6)(a) of this
section, if, during that remaining week, the person makes
disbursements for the direct costs of producing or airing
electioneering communications aggregating in excess of one dollar.
(7)(a) "Electioneering communication" means any broadcast,
cable, or satellite communication that refers to a clearly
identified candidate and that is made during either of the
following periods of time:
(i) If the person becomes a candidate before the day of the
primary election at which candidates will be nominated for
election to that office, between the date that the person becomes
a candidate and the thirtieth day prior to that primary election,
and between the date of the primary election and the thirtieth day
prior to the general election at which a candidate will be elected
to that office;
(ii) If the person becomes a candidate after the day of the
primary election at which candidates were nominated for election
to that office, between the date of the primary election and the
thirtieth day prior to the general election at which a candidate
will be elected to that office.
(b) "Electioneering communication" does not include any of
the following:
(i) A communication that is publicly disseminated through a
means of communication other than a broadcast, cable, or satellite
television or radio station. For example, "electioneering
communication" does not include communications appearing in print
media, including a newspaper or magazine, handbill, brochure,
bumper sticker, yard sign, poster, billboard, and other written
materials, including mailings; communications over the internet,
including electronic mail; or telephone communications.
(ii) A communication that appears in a news story,
commentary, public service announcement, bona fide news
programming, or editorial distributed through the facilities of
any broadcast, cable, or satellite television or radio station,
unless those facilities are owned or controlled by any political
party, political committee, or candidate;
(iii) A communication that constitutes an expenditure or an
independent expenditure under section 3517.01 of the Revised Code;
(iv) A communication that constitutes a candidate debate or
forum or that solely promotes a candidate debate or forum and is
made by or on behalf of the person sponsoring the debate or forum.
(8) "Filing date" has the same meaning as in section 3517.109
of the Revised Code.
(9) "Immigration and Nationality Act" means the Immigration
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq.,
as amended.
(10) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any political organization considered
exempt from income taxation under section 527 of the Internal
Revenue Code.
(11) "Political committee" means any of the following:
(a) Any committee, club, association, or other group of
persons that receives contributions aggregating in excess of one
thousand dollars during a calendar year or that makes expenditures
aggregating in excess of one thousand dollars during a calendar
year;
(b) Any separate segregated fund;
(c) Any state, county, or local committee of a political
party that does any of the following:
(i) Receives contributions aggregating in excess of five
thousand dollars during a calendar year;
(ii) Makes payments that do not constitute contributions or
expenditures aggregating in excess of five thousand dollars during
a calendar year;
(iii) Makes contributions or expenditures aggregating in
excess of one thousand dollars during a calendar year.
(12) "Publicly distributed" means aired, broadcast,
cablecast, or otherwise disseminated for a fee.
(13) "Refers to a clearly identified candidate" means that
the candidate's name, nickname, photograph, or drawing appears, or
the identity of the candidate is otherwise apparent through an
unambiguous reference to the person such as "the chief justice,"
"the governor," "member of the Ohio senate," "member of the Ohio
house of representatives," "county auditor," "mayor," or "township
trustee" or through an unambiguous reference to the person's
status as a candidate.
(B) For the purposes of this section, a person shall be
considered to have made a disbursement if the person has entered
into a contract to make the disbursement.
(C) Any person intending to make a disbursement or
disbursements for the direct costs of producing or airing
electioneering communications, prior to making the first
disbursement for the direct costs of producing or airing an
electioneering communication, shall file a notice with the office
of the secretary of state that the person is intending to make
such disbursements.
(D)(1) Every person that makes a disbursement or
disbursements for the direct costs of producing and airing
electioneering communications aggregating in excess of ten
thousand dollars during any calendar year shall file, within
twenty-four hours of each disclosure date, a disclosure of
electioneering communications statement containing the following
information:
(a) The full name and address of the person making the
disbursement, of any person sharing or exercising direction or
control over the activities of the person making the disbursement,
and of the custodian of the books and accounts of the person
making the disbursement;
(b) The principal place of business of the person making the
disbursement, if not an individual;
(c) The amount of each disbursement of more than one dollar
during the period covered by the statement and the identity of the
person to whom the disbursement was made;
(d) The nominations or elections to which the electioneering
communications pertain and the names, if known, of the candidates
identified or to be identified;
(e) If the disbursements were paid out of a segregated bank
account that consists of funds contributed solely by individuals
who are United States citizens or nationals or lawfully admitted
for permanent residence as defined in section 101(a)(20) of the
Immigration and Nationality Act directly to the account for
electioneering communications, the information specified in
division (D)(2) of this section for all contributors who
contributed an aggregate amount of two hundred dollars or more to
the segregated bank account and whose contributions were used for
making the disbursement or disbursements required to be reported
under division (D) of this section during the period covered by
the statement. Nothing in this division prohibits or shall be
construed to prohibit the use of funds in such a segregated bank
account for a purpose other than electioneering communications.
(f) If the disbursements were paid out of funds not described
in division (D)(1)(e) of this section, the information specified
in division (D)(2) of this section for all contributors who
contributed an aggregate amount of two hundred dollars or more to
the person making the disbursement and whose contributions were
used for making the disbursement or disbursements required to be
reported under division (D) of this section during the period
covered by the statement.
(2) For each contributor for which information is required to
be reported under division (D)(1)(e) or (f) of this section, all
of the following shall be reported:
(a) The month, day, and year that the contributor made the
contribution or contributions aggregating two hundred dollars or
more;
(b)(i) The full name and address of the contributor, and, if
the contributor is a political action committee, the registration
number assigned to the political action committee under division
(D)(1) of section 3517.10 of the Revised Code;
(ii) If the contributor is an individual, 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 the contribution is transmitted pursuant to section
3599.031 of the Revised Code from amounts deducted from the wages
and salaries of two or more employees that exceed in the aggregate
one hundred dollars during the period specified in division
(D)(1)(e) or (f) of this section, as applicable, 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, if other than money;
(d) The value in dollars and cents of the contribution.
(3) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to divisions (C)(6)(b) and
(D)(6) of section 3517.10 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 person shall file the
disclosure of electioneering communications statement prescribed
under divisions (D)(1) and (2) of this section by electronic means
of transmission to the office of the secretary of state.
Within five business days after the secretary of state
receives a disclosure of electioneering communications statement
under this division, the secretary of state shall make available
online to the public through the internet, as provided in division
(I) of section 3517.106 of the Revised Code, the contribution and
disbursement information in that statement.
If a filed disclosure of electioneering communications
statement is found to be incomplete or inaccurate after its
examination for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall
file by electronic means of transmission to the office of the
secretary of state any addendum, amendment, or other correction to
the statement that provides the information necessary to complete
or correct the statement or, if required by the secretary of state
under that division, an amended statement.
Within five business days after the secretary of state
receives an addendum, amendment, or other correction to a
disclosure of electioneering communications statement or an
amended statement by electronic means of transmission under this
division or division (B)(3)(a) of section 3517.11 of the Revised
Code, the secretary of state shall make the contribution and
disbursement information in the addendum, amendment, or other
correction to the statement or amended statement available online
to the public through the internet as provided in division (I) of
section 3517.106 of the Revised Code.
(E)(1) Any person who makes a contribution for the purpose of
funding the direct costs of producing or airing an electioneering
communication under this section shall provide the person's full
name and address to the recipient of the contribution at the time
the contribution is made.
(2) Any individual who makes a contribution or contributions
aggregating two hundred dollars or more for the purpose of funding
the direct costs of producing or airing an electioneering
communication under this section 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.
(F) In each electioneering communication, a statement shall
appear or be presented in a clear and conspicuous manner that does
both of the following:
(1) Clearly indicates that the electioneering communication
is not authorized by the candidate or the candidate's campaign
committee;
(2) Clearly identifies the person making the disbursement for
the electioneering communication in accordance with section
3517.20 of the Revised Code.
(G) Any coordinated electioneering communication is an
in-kind contribution, subject to the applicable contribution
limits prescribed in section 3517.102 of the Revised Code, to the
candidate by the person making disbursements to pay the direct
costs of producing or airing the communication.
(H) No person shall make, during the thirty days preceding a
primary election or during the thirty days preceding a general
election, any broadcast, cable, or satellite communication that
refers to a clearly identified candidate using any contributions
received from a corporation or labor organization.
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, disbursement for the direct costs of producing and
airing electioneering communications, or independent expenditure
or promise, either expressly or implicitly, to make a
contribution, expenditure, disbursement for the direct costs of
producing and airing electioneering communications, 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, disbursement for the direct costs of producing and
airing electioneering communications, 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, disbursement for the direct costs of
producing and airing electioneering communications, or independent
expenditure in violation of this division to return the
contribution, expenditure, disbursement for the direct costs of
producing and airing electioneering communications, or independent
expenditure or, if it is not possible to return the contribution,
expenditure, disbursement for the direct costs of producing and
airing electioneering communications, 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 foreign corporation shall make an independent
expenditure, make a disbursement for the direct costs of producing
and airing electioneering communications, or make a contribution
to another entity for the purpose of funding the direct costs of
producing and airing electioneering communications.
(2) For the purpose of division (AA) of this section, the
determination of whether a corporation is a foreign corporation
shall be made as of the date the independent expenditure,
disbursement for the direct costs of producing or airing
electioneering communications, or contribution to another entity
for the purpose of funding the direct costs of producing or airing
electioneering communications is made.
(3) As used in division (AA) of this section, "foreign
corporation" has the same meaning as defined by section 7701 of
the Internal Revenue Code, 26 U.S.C. 7701.
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.
(DD) Whoever knowingly violates division (AA)(1) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount expended, disbursed, or contributed in
violation of that division.
Sec. 3599.03. (A)(1) Except to carry on activities specified
in sections 3517.082 and 3517.1011, division (A)(2) of section
3517.1012, division (B) of section 3517.1013, and section 3599.031
of the Revised Code and except as provided in divisions (D), (E),
and (F) of this section, no No corporation, no nonprofit
corporation, and no labor organization, directly or indirectly,
shall pay or use, or offer, advise, consent, or agree to pay or
use, the corporation's money or property, or the labor
organization's money, including dues, initiation fees, or other
assessments paid by members, or property, for or in aid of or
opposition to make a contribution to a political party, a
candidate for election or nomination to public office, a political
action committee including a political action committee of the
corporation or labor organization, or a legislative campaign fund,
or any organization that supports or opposes any such candidate,
or for any partisan political purpose, shall violate any law
requiring the filing of an affidavit or statement respecting such
use of those funds, or shall pay or use the corporation's or labor
organization's money for the expenses of a social fund-raising
event for its political action committee if an employee's or labor
organization member's right to attend such an event is predicated
on the employee's or member's contribution to the corporation's or
labor organization's political action committee.
(2) Whoever violates division (A)(1) of this section shall be
fined not less than five hundred nor more than five thousand
dollars.
(B)(1) No officer, stockholder, attorney, or agent of a
corporation or nonprofit corporation, no member, including an
officer, attorney, or agent, of a labor organization, and no
candidate, political party official, or other individual shall
knowingly aid, advise, solicit, or receive money or other property
in violation of division (A)(1) of this section.
(2) Whoever violates division (B)(1) of this section shall be
fined not more than one thousand dollars, or imprisoned not more
than one year, or both.
(C)(1) A corporation, a nonprofit corporation, or a labor
organization may use its funds or property to make an independent
expenditure for or in aid of or opposition to a candidate or a
proposed or certified ballot issue. Such use of funds or property
shall be reported on a form prescribed by the secretary of state.
Reports
(2) Reports of independent expenditures regarding a candidate
shall be filed under division (B)(2)(b) of section 3517.105 of the
Revised Code.
(3) Reports of contributions in connection with statewide
ballot issues shall be filed with the secretary of state. Reports
of contributions in connection with local issues shall be filed
with the board of elections of the most populous county of the
district in which the issue is submitted or to be submitted to the
electors. Reports made pursuant to this division shall be filed by
the times specified in divisions (A)(1) and (2) of section 3517.10
of the Revised Code.
(D)(1) Any gift made pursuant to section 3517.101 of the
Revised Code does not constitute a violation of this section or of
any other section of the Revised Code.
(2) Any gift made pursuant to division (A)(2) of section
3517.1012 of the Revised Code does not constitute a violation of
this section.
(3) Any gift made pursuant to division (B) of section
3517.1013 of the Revised Code does not constitute a violation of
this section.
(E) Any compensation or fees paid by a financial institution
to a state political party for services rendered pursuant to
division (B) of section 3517.19 of the Revised Code do not
constitute a violation of this section or of any other section of
the Revised Code.
(F)(1) The use by a A nonprofit corporation of that uses its
money or property for communicating information for a political
purpose specified in division (A) of this section is not a
violation of that division required to report that communication
as an independent expenditure or an electioneering communication
if the stockholders, members, donors, trustees, or officers of the
nonprofit corporation are the predominant recipients of the
communication.
(2) The placement of a campaign sign on the property of a
corporation, nonprofit corporation, or labor organization is not a
use of property contribution in violation of division (A) of this
section by that corporation, nonprofit corporation, or labor
organization.
(3) The use by a A corporation or labor organization of that
uses its money or property for communicating information for a
political purpose
specified in division (A) of this section is
not a violation of that division required to report that
communication as an independent expenditure or an electioneering
communication if it is not a communication made by mass broadcast
such as radio or television or made by advertising in a newspaper
of general circulation but is a communication sent exclusively to
members, employees, officers, or trustees of that labor
organization or shareholders, employees, officers, or directors of
that corporation or to members of the immediate families of any
such individuals or if the communication intended to be so sent
exclusively is unintentionally sent as well to a de minimis number
of other individuals.
(G) In addition to the laws listed in division (A) of section
4117.10 of the Revised Code that prevail over conflicting
agreements between employee organizations and public employers,
this section prevails over any conflicting provisions of
agreements between labor organizations and public employers that
are entered into on or after the effective date of this section
March 31, 2005, pursuant to Chapter 4117. of the Revised Code.
(H) As used in this section, "labor organization" has the
same meaning as in section 3517.01 of the Revised Code.
Sec. 5727.61. Every public utility required by law to make
returns, statements, or reports to the tax commissioner under
sections 5727.01 to 5727.62 of the Revised Code shall file
therewith, in such form as the commissioner prescribes, an
affidavit subscribed and sworn to by a person or officer having
knowledge of the facts setting forth that such public utility has
not, during the preceding year, except as permitted by sections
3517.082, 3599.03, and 3599.031 under Title XXXV of the Revised
Code, directly or indirectly paid, used or offered, consented, or
agreed to pay or use any of its money or property for or in aid of
or opposition to make a contribution to a political party, a
candidate for election or nomination to public office, or a
political action committee, or legislative campaign fund, or
organization that supports or opposes any such candidate or in any
manner used any of its money or property for any partisan
political purpose whatever, or for the reimbursement or
indemnification of any person for money or property so used. Such
forms of affidavit as the commissioner prescribes shall be
attached to or made a part of the return, statement, or report
required to be made by such public utility under sections 5727.01
to 5727.62 of the Revised Code.
Sec. 5733.27. Every corporation required by law to make
returns, statements, or reports to the tax commissioner shall file
therewith, in such form as the commissioner prescribes, an
affidavit subscribed and sworn to by a person or officer having
knowledge of the facts setting forth that such corporation has
not, during the preceding year, except as permitted by sections
3517.082, 3599.03, and 3599.031 under Title XXXV of the Revised
Code, directly or indirectly paid, used or offered, consented, or
agreed to pay or use any of its money or property for or in aid of
or opposition to make a contribution to a political party, a
candidate for election or nomination to public office,
or a
political action committee, or legislative campaign fund, or
organization that supports or opposes any such candidate or in any
manner used any of its money or property for any partisan
political purpose whatever, or for the reimbursement or
indemnification of any person for money or property so used. Such
forms of affidavit as the commissioner prescribes shall be
attached to or made a part of the return, statement, or report
required to be made by such corporation.
Section 2. That existing sections 3517.01, 3517.105,
3517.1011, 3517.13, 3517.992, 3599.03, 5727.61, and 5733.27 of the
Revised Code are hereby repealed.
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