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H. B. No. 413 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Goyal, Murray
Cosponsors:
Representatives Hagan, R., Foley, Okey, Yuko, Letson, Antonio, Ramos
A BILL
To amend sections 3501.05, 3517.16, and 5747.081 and
to enact sections 3525.01 to 3525.11 and 3525.99
of the Revised Code to create a public campaign
financing system for candidates for the office of
chief justice or justice of the Supreme Court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3517.16, and 5747.081 be
amended and sections 3525.01, 3525.02, 3525.03, 3525.04, 3525.05,
3525.06, 3525.07, 3525.08, 3525.09, 3525.10, 3525.11, and 3525.99
of the Revised Code be enacted to read as follows:
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members of
the boards as to the proper methods of conducting elections.;
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the
ballot for any proposed law or amendment to the constitution to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any local question or issue approved and transmitted
by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state
questions and issues and determine and certify to the sufficiency
of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or prosecuting
attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply
with or a violation of a provision in sections 3517.08 to 3517.13,
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with the
Ohio elections commission under section 3517.153 of the Revised
Code;.
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters from
the statewide voter registration database and, if applicable, from
the poll list or signature pollbook used in each precinct, which
rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses the
national change of address service provided by the United States
postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason for
that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration
forms through boards of elections, designated agencies, offices of
the registrar and deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database
of all legally registered voters under section 3503.15 of the
Revised Code that complies with the requirements of the "Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes
place.;
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification,
absent voters ballot, provisional ballot, and other voting
requirements;
(AA) Establish a procedure by which a registered elector may
make available to a board of elections a more recent signature to
be used in the poll list or signature pollbook produced by the
board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part
of the official explanations and arguments, by means of direct
mail or other written publication, broadcast, or other means or
combination of means, as directed by the Ohio ballot board under
division (F) of section 3505.062 of the Revised Code, in order to
inform the voters as fully as possible concerning each proposed
constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,
et seq., as amended, in this state. The secretary of state may
delegate to the boards of elections responsibilities for the
implementation of that act, including responsibilities arising
from amendments to that act made by the "Military and Overseas
Voter Empowerment Act," Subtitle H of the National Defense
Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123
Stat. 3190.
(DD) Administer the Ohio public financing program under
Chapter 3525. of the Revised Code;
(EE) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall establish
a deadline, notwithstanding any other deadline required under the
Revised Code, by which any or all of the following shall occur:
the filing of a declaration of candidacy and petitions or a
statement of candidacy and nominating petition together with the
applicable filing fee; the filing of protests against the
candidacy of any person filing a declaration of candidacy or
nominating petition; the filing of a declaration of intent to be a
write-in candidate; the filing of campaign finance reports; the
preparation of, and the making of corrections or challenges to,
precinct voter registration lists; the receipt of applications for
absent voter's ballots or armed service uniformed services or
overseas absent voter's ballots; the supplying of election
materials to precincts by boards of elections; the holding of
hearings by boards of elections to consider challenges to the
right of a person to appear on a voter registration list; and the
scheduling of programs to instruct or reinstruct election
officers.
In the performance of the secretary of state's duties as the
chief election officer, the secretary of state may administer
oaths, issue subpoenas, summon witnesses, compel the production of
books, papers, records, and other evidence, and fix the time and
place for hearing any matters relating to the administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds for registration,
the secretary of state may, through the attorney general, bring an
action in the name of the state in the court of common pleas of
the county where the cause of action arose or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised
Code wherein the interpretation of those laws is in issue in such
a manner that the result of the action will affect the lawful
duties of the secretary of state or of any board of elections, the
secretary of state may, on the secretary of state's motion, be
made a party.
The secretary of state may apply to any court that is hearing
a case in which the secretary of state is a party, for a change of
venue as a substantive right, and the change of venue shall be
allowed, and the case removed to the court of common pleas of an
adjoining county named in the application or, if there are cases
pending in more than one jurisdiction that involve the same or
similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries,
and the office of a county treasurer shall implement voter
registration programs as directed by the secretary of state
pursuant to this section.
Sec. 3517.16. (A) There is hereby created in the state
treasury the Ohio political party fund. All moneys received as a
result of individuals exercising the checkoff option on their
state income tax returns provided for in division (A) of section
5747.081 of the Revised Code shall be deposited in the fund. The
tax commissioner shall pay money from the fund to the auditor of
state and to political parties in the manner described in division
(B) of this section.
(B)(1) The auditor of state annually shall submit a report to
the tax commissioner estimating the costs that the auditor of
state will incur during that year in conducting audits under
section 3517.17 of the Revised Code. The tax commissioner shall
pay to the auditor of state, from the Ohio political party fund,
moneys sufficient to pay the auditor of state's estimated costs of
the audits referred to in this division.
(2) After the costs of audits are deducted under division
(B)(1) of this section, the tax commissioner shall pay any moneys
remaining in the fund only to political parties qualifying for
them under division (B) of section 3517.17 of the Revised Code.
Sec. 3525.01. As used in this chapter:
(A) "Campaign committee," "candidate," and "contribution"
have the same meanings as in section 3517.01 of the Revised Code.
(B) "Certified candidate" means a candidate for the office of
chief justice or justice of the supreme court, who chooses to
participate in the public financing program established by this
chapter and who is certified as a public financing program
candidate under section 3525.05 of the Revised Code.
(C) "Fund" means the Ohio public financing program fund
created by section 3525.03 of the Revised Code.
(D) "Nonparticipating candidate" means a candidate for the
office of chief justice or justice of the supreme court, who does
not choose to participate in the public financing program
established by this chapter, who is not seeking to be certified as
a public financing program candidate under section 3525.05 of the
Revised Code, or both.
(E) "Participating candidate" means a candidate for the
office of chief justice or justice of the supreme court, who
chooses to participate in the public financing program established
by this chapter and who is seeking to be certified as a public
financing program candidate under section 3525.05 of the Revised
Code.
(F) "Qualifying contribution" means a contribution to which
all of the following apply:
(1) The contribution is for twenty-five dollars and in the
form of a check or money order signed by the contributor and made
payable to the Ohio public financing program fund in support of a
candidate.
(2) The contribution is made by a person registered to vote
in this state whose voter registration has been verified by the
applicable board of elections.
(3) The contribution is made during the designated qualifying
period.
(4) The contributor acknowledges that the contribution was
made with the contributor's personal funds, was made in support of
the candidate, and was not given in exchange for anything of
value, on a form provided by the secretary of state.
(5) The candidate acknowledges that the contribution was
obtained with the candidate's knowledge and approval and that
nothing of value was given in exchange for the contribution, on a
form provided by the secretary of state.
(G) "Qualifying period" means the period beginning on the
first day of October in the year preceding the year in which the
candidate is seeking election to office and ending at five p.m. on
the day of the primary election.
Sec. 3525.02. (A) This chapter establishes a public campaign
financing option for candidates for the offices of chief justice
and justice of the supreme court. The secretary of state shall
administer the public campaign financing system established
pursuant to this chapter and the Ohio public financing program
fund established under section 3525.03 of the Revised Code.
Neither this section nor any other section of the Revised Code
exempts, or shall be construed to exempt, candidates who are
participating in the public campaign financing system from
complying with any otherwise applicable election or campaign
finance law or rule.
(B) The public campaign financing system established pursuant
to this chapter initially shall be available to candidates for the
offices of chief justice and justice of the supreme court for
elections to be held in the year 2014 and shall be available to
candidates for those offices in all subsequent elections.
(C) If the balance in the Ohio public financing fund exceeds
six million dollars following a year in which one or more
candidates for the office of chief justice or justice of the
supreme court have received public financing under this chapter,
the secretary of state, by rule, shall extend the public financing
system to candidates for the office of judge of a court of
appeals. In prescribing rules under this division, the secretary
of state may adjust the amounts of qualifying contributions a
candidate is required to receive, the value of contributions that
a candidate may accept to establish the candidate's campaign and
fund any applicable primary election, and any other similar number
or value as the secretary of state deems appropriate, so that the
public financing system for judges for a court of appeals operates
in a substantially similar manner to the operation of the public
financing system for candidates for the office of chief justice
and justice of the supreme court.
Sec. 3525.03. (A) There is hereby created in the state
treasury the Ohio public financing program fund to finance the
election campaigns of candidates for the office of chief justice
and justice of the supreme court, who are certified public
financing program candidates, and to pay administrative and
enforcement costs incurred by the secretary of state related to
the administration of the Ohio public financing program. Any
interest generated by the fund shall be credited to the fund.
(B) All of the following moneys shall be deposited into the
Ohio public financing program fund:
(1) Qualifying contributions that are required to be
submitted to the secretary of state under section 3525.05 of the
Revised Code;
(2) Any moneys a candidate receives pursuant to section
3525.04 of the Revised Code for campaign origination and primary
election purposes that remain unspent after the primary election;
(3) Moneys distributed from the fund to a certified candidate
that remain unspent after the conclusion of the general election
at which the candidate is seeking election;
(4) Moneys distributed from the fund to a certified candidate
who withdraws as a candidate or whose certification is revoked
under section 3525.09 of the Revised Code;
(5) All moneys received as a result of individuals exercising
the designation option on their state income tax returns provided
for in division (B) of section 5747.081 of the Revised Code;
(6) Fines imposed by the secretary of state under section
3525.99 of the Revised Code and moneys required to be returned to
the fund under that section.
(C) If the secretary of state determines that the fund will
not have sufficient moneys to cover the likely demand for moneys
from the Ohio public financing fund in an upcoming election, by
the first day of January the secretary of state shall provide a
report of the secretary's projections of the balances in the fund
to the governor, the speaker of the house of representatives, the
president of the senate, and the chief justice of the supreme
court.
Sec. 3525.04. (A) A participating candidate shall file a
declaration of intent to seek certification as a public financing
program candidate and otherwise comply with the requirements of
this chapter. Except as otherwise provided by rule of the
secretary of state under section 3525.10 of the Revised Code, a
participating candidate shall file the declaration of intent with
the secretary of state prior to or during the qualifying period
for the election in which the candidate is seeking to become a
certified candidate, and within five days of collecting any
qualifying contributions under this chapter. The declaration of
intent shall be filed on a form and in accordance with procedures
developed by the secretary of state.
(B) After becoming a candidate, but prior to certification as
a certified candidate, a participating candidate may accept
contributions only in accordance with this section and section
3525.05 of the Revised Code.
(C)(1) A participating candidate may accept contributions
aggregating not more than one hundred thousand dollars for the
purpose of originating the candidate's campaign and funding the
candidate's primary election campaign, if any. Contributions
accepted under this division are subject to any applicable limits
established under section 3517.102 of the Revised Code or
established by the supreme court pursuant to its authority under
Article IV, Section 5 of the Ohio Constitution.
A participating candidate shall limit the candidate's
expenditures for the purpose of originating the candidate's
campaign and funding the candidate's primary election to the
amount of contributions received under this division.
(2) In addition to the statements required to be filed under
Chapter 3517. of the Revised Code, a participating candidate or a
certified candidate shall file a statement, not later than seven
days after the primary election, identifying the amount of
contributions that the candidate's campaign committee received
under division (C)(1) of this section and the amount of those
contributions that remain unspent as of the day of the primary
election. The campaign committee of a participating candidate or
certified candidate shall pay any amounts remaining unspent as of
the day of the primary election into the Ohio public financing
program fund established under section 3525.03 of the Revised Code
not later than the seventh day after the day of the primary
election.
Sec. 3525.05. (A)(1) In order to qualify for certification as
a public financing candidate, a participating candidate shall
obtain five hundred qualifying contributions during the qualifying
period.
No payment, gift, or anything of value shall be given in
exchange for a qualifying contribution.
(2) A candidate may pay the fee for a money order that is a
qualifying contribution in the amount of five dollars as long as
the contributor making the qualifying contribution pays the five
dollar amount reflected on the money order. Any money order fees
paid by a participating candidate shall be paid for with
contributions received pursuant to section 3525.04 of the Revised
Code and reported in accordance with rules adopted by the
secretary of state. A money order shall be signed by the
contributor to be a valid qualifying contribution. The secretary
of state may establish, by rule, a procedure for qualifying
contributions to be made by a credit or debit transaction and by
electronic funds transfer over the internet. Records containing
information provided by contributions who have made qualifying
contributions over the internet are confidential, except for the
following information:
(a) The name and residential address of the individual making
the contribution;
(b) The date of the contribution;
(c) The name and office sought of the candidate in whose
support the contribution was made.
(3) No participating candidate or agent of a participating
candidate shall misrepresent the purpose of soliciting qualifying
contributions and obtaining the contributor's signed
acknowledgment.
(B) Participating candidates shall submit all qualifying
contributions received, along with their associated acknowledgment
forms, to the secretary of state during the qualifying period. The
secretary of state shall develop procedures for the submission of
qualifying contributions and required information under this
division.
(C) After receiving all of the qualifying contributions from
a participating candidate under division (B) of this section, the
secretary of state shall determine whether the candidate has done
all of the following:
(1) Signed and filed a declaration of intent under section
3525.04 of the Revised Code;
(2) Submitted the appropriate number of valid qualifying
contributions;
(3) Qualified as a candidate for the office for which the
person is seeking election;
(4) Not accepted contributions other than contributions for
originating the candidate's campaign and funding the candidate's
primary election under section 3525.04 of the Revised Code and
qualifying contributions;
(5) Not been found to have made a material false statement in
a report or other document submitted to the secretary of state
under this chapter;
(6) Not had prior requests for certification denied on the
basis of substantial violations of this chapter or Chapter 3517.
of the Revised Code or had a prior certification revoked under
section 3525.09 of the Revised Code;
(7) Not failed to pay any fine assessed by the secretary of
state under this chapter, except that a candidate has three
business days from the date of the request for certification to
pay any outstanding fines and remain eligible for certification;
(8) Otherwise complied with the requirements for
participation in the Ohio public financing program.
(D) Except as otherwise provided in this division, if the
secretary of state determines that the participating candidate has
complied with divisions (C)(1) to (8) of this section, the
secretary of state shall certify the candidate as a public
financing program candidate as soon as possible, and in no event
later than three days after the candidate's final submission of
qualifying contributions and required information. The secretary
of state may take additional time to certify a participating
candidate if further investigation is necessary to verify
compliance with divisions (C)(1) to (8) of this section, as long
as the secretary of state notifies the candidate regarding the
anticipated schedule for the conclusion of the investigation.
(E)(1) After a candidate has been certified by the secretary
of state under division (D) of this section, the candidate shall
limit the candidate's general election campaign expenditures to
the moneys distributed to the candidate from the Ohio public
financing program fund and shall not accept any other
contributions for that election unless authorized by the secretary
of state. Certified candidates may also accept and spend interest
earned on fund moneys that have been distributed to the candidate
and kept in campaign accounts. All moneys distributed to certified
candidates from the fund shall only be used for campaign-related
purposes. No candidate, campaign committee, campaign treasurer, or
agent of a candidate or campaign committee shall use moneys
distributed to a candidate from the fund for any purpose other
than campaign-related purposes. The secretary of state shall
prepare and publish guidelines specifying what expenditures
constitute permissible campaign-related expenditures.
(2) No certified candidate shall serve as a treasurer or
deputy treasurer for that candidate's campaign.
As used in this division, "treasurer" means a campaign
treasurer appointed under division (D) of section 3517.10 of the
Revised Code, and "deputy treasurer" means a deputy campaign
treasurer permitted to be appointed under division (A) of section
3517.081 of the Revised Code.
(3) No candidate and no person who later becomes a candidate,
who is seeking certification as a clean election program
candidate, and no agent of such a candidate or person shall assist
another person in qualifying as a candidate for the same office,
if such a candidacy would result in the distribution of moneys
from the fund under section 3525.06 of the Revised Code for
certified candidates in a contested election.
(4) A candidate shall not make expenditures using moneys
distributed from the fund to pay the candidate or a sole
proprietorship of the candidate for campaign-related services.
(5) A candidate shall not make expenditures using moneys
distributed from the fund to pay a member of the candidate's
immediate family or household, or a business, corporation, or
nonprofit entity in which the candidate or a member of the
candidate's immediate family or household holds a significant
proprietary or financial interest, unless the candidate submits
evidence according to procedures established by the secretary of
state that the expenditure will be made:
(a) For a legitimate campaign-related purpose;
(b) To an individual or business that provides goods or
services being purchased in the normal course of the person's
occupation or business operation;
(c) In an amount that is reasonable, taking into
consideration current market value and other factors that the
secretary of state may choose to consider.
Division (E)(5) of this section shall not prohibit
reimbursement to a member of the candidate's household when made
in accordance with this chapter and rules adopted by the secretary
of state.
(F) No certified candidate shall fail to comply with any of
the requirements of this chapter after certification and
throughout the primary and general election periods.
Sec. 3525.06. (A)(1) Within three days after a certified
candidate files the statement required under division (C)(2) of
section 3525.04 of the Revised Code and the campaign committee of
that candidate pays any remaining campaign origination and primary
election moneys into the Ohio public financing program fund under
that division, the secretary of state shall distribute to the
certified candidate moneys from the Ohio public financing program
fund.
(2) The secretary of state shall adopt rules under Chapter
119. of the Revised Code specifying the manner in which moneys
shall be distributed under this section. Those rules shall include
provisions to ensure that the moneys are distributed in an
expeditious manner, using a method that ensures accountability and
safeguards the integrity of the fund.
(3) The candidate or the candidate's campaign committee
authorized under Chapter 3517. of the Revised Code shall deposit
all moneys received from the fund in a campaign account maintained
in a bank or other financial institution. The campaign funds shall
be segregated from, and shall not be commingled with, any other
funds.
(B)(1) Not later than July 1, 2013, and at least every four
years after that date, the secretary of state shall determine the
amount of moneys that is to be distributed to certified
candidates. The amount of moneys to be distributed shall be the
average amount of campaign expenditures made by each candidate's
campaign committee during all general election races for the
immediately preceding two general elections for the respective
office, as determined by combining the expenditures reported on
the pregeneral and postgeneral statements of contributions and
expenditures filed by campaign committees of candidates for the
respective office under section 3517.10 of the Revised Code.
(2) If, in the opinion of the secretary of state, the
immediately preceding two election cycles do not contain
sufficient electoral data to make the calculations required under
division (B)(1) of this section, the secretary of state shall use
information from the most recent applicable elections.
(3) If the public financing program is extended to candidates
for the office of judge of a court of appeals pursuant to division
(C) of section 3525.02 of the Revised Code, the amount to be
distributed to a certified candidate for the office of judge of a
court of appeals shall be one hundred thousand dollars.
(C) The secretary of state shall not distribute moneys to
certified candidates in excess of the total amount of money
credited to the fund under division (B) of section 3525.03 of the
Revised Code. Notwithstanding any provision of this chapter to the
contrary, if the secretary of state determines that the fund is
insufficient to fulfill the required distributions under division
(A) of this section, the secretary of state may permit, in
accordance with rules adopted by the secretary of state, certified
candidates to receive and expend contributions, subject to
contribution limits applicable under section 3517.102 of the
Revised Code or established by the supreme court pursuant to its
authority under Article IV, Section 5 of the Ohio Constitution, up
to the applicable limit for distribution under division (B) of
this section.
Sec. 3525.07. (A) Notwithstanding any provision of the
Revised Code to the contrary, participating candidates and
certified candidates shall report any contributions received,
expenditures made, and obligations and related activities to the
secretary of state in accordance with procedures the secretary of
state shall develop. In developing the reporting procedures, the
secretary of state shall utilize the existing campaign finance
reporting requirements of Chapter 3517. of the Revised Code
whenever practicable. The secretary of state shall ensure timely
public access to campaign finance data reported under this section
and may use electronic means of reporting and storing information.
(B) If a certified candidate pays moneys received from the
Ohio public financing program fund to a member of the candidate's
immediate family or household or a business or nonprofit entity
affiliated with a member of the candidate's immediate family or
household, the candidate shall disclose the family or household
relationship in the manner prescribed by the secretary of state.
(C) The treasurer of a campaign committee of a participating
candidate or a certified candidate shall obtain and keep all of
the following:
(1) Bank or other account statements for the campaign account
covering the duration of the campaign;
(2) A vendor invoice stating the particular goods or services
purchased for every expenditure of fifty dollars or more;
(3) A record proving that a vendor received payment for every
expenditure of fifty dollars or more in the form of a canceled
check, cash receipt from the vendor, or a bank or credit card
statement identifying the vendor as the payee.
The treasurer shall preserve the records for two years
following the candidate's final campaign finance report under
Chapter 3517. of the Revised Code for the applicable election
period. The candidate and treasurer shall submit photocopies of
the records to the secretary of state upon request.
(D) The secretary of state shall audit the campaigns of the
candidates who receive funds under this chapter to verify
compliance with election and campaign laws and rules. Within one
month of declaring an intention to qualify for public financing, a
candidate for the office of chief justice or justice of the
supreme court, the treasurer of the candidate's campaign
committee, and any other relevant campaign staff shall meet with
the staff of the office of the secretary of state to discuss audit
standards, expenditure guidelines, and recordkeeping requirements.
Sec. 3525.08. Upon the filing of a final report under section
3525.07 of the Revised Code for the general election for which the
candidate received public financing program funds, the campaign
committee of a certified candidate shall return all unspent
distributed moneys to the secretary of state for deposit into the
Ohio public financing program fund.
Sec. 3525.09. (A) The certification of a certified candidate
may be revoked at any time if the secretary of state determines
that the candidate or an agent of the candidate did any of the
following:
(1) Failed to submit the required number of valid qualifying
contributions;
(2) Failed to qualify as a candidate for the office for which
the person is seeking election;
(3) Submitted any fraudulent qualifying contributions or
qualifying contributions that were not made by the named
contributor;
(4) Misrepresented to a contributor the purpose of the
qualifying contribution or the purpose of obtaining the
contributor's signature on the receipt and acknowledgement form;
(5) Except as otherwise provided in section 3525.04 of the
Revised Code, knowingly accepted any contributions, including any
in-kind contributions, or used funds other than Ohio public
financing program fund moneys distributed under this chapter, to
make campaign-related expenditures without the permission of the
secretary of state;
(6) Knowingly made a false statement or material
misrepresentation in any report or other document required to be
filed under this chapter or Chapter 3517. of the Revised Code;
(7) Otherwise substantially violated the provisions of this
chapter or Chapter 3517. of the Revised Code.
(B) A candidate whose certification may be revoked shall be
provided with the opportunity for a hearing on the potential
revocation. A candidate whose certification is revoked shall
return all unspent funds to the secretary of state within three
days after the secretary of state's decision and may be required
to return all funds distributed to the candidate. In addition to
the requirement to return funds, the candidate may be required to
pay a fine under section 3525.99 of the Revised Code. The
candidate may appeal the secretary of state's decision to revoke
certification under division (C)(3) of this section.
(C) A candidate who has been denied certification as a public
financing program candidate, the opponent of a candidate who has
been granted that certification, or any other interested person
may challenge the secretary of state's decision denying or
granting the certification as follows:
(1) A challenger may appeal to the secretary of state within
seven days after the certification decision. The appeal shall be
in writing and set forth the reasons for the appeal.
(2) Except as otherwise provided in this division, within
five days after an appeal is properly made and after the secretary
of state provides notice to the challenger and any opponents of
that challenger, the secretary of state shall hold a hearing on
the appeal. The secretary of state may extend the five-day period
upon agreement of the challenger and the candidate whose
certification is the subject of the appeal or in response to the
request of either party upon a showing of good cause. The
challenger has the burden of proving that the secretary of state's
decision denying or granting certification was in error as a
matter of law or was based on factual error. The secretary of
state shall rule on the appeal within five business days after the
hearing.
(3)(a) Within five days after the secretary of state rules on
an appeal under division (C)(2) of this section, a challenger may
appeal that ruling by commencing an action in the court of common
pleas of Franklin county. The court shall conduct a hearing on the
appeal within ten days after the date of the secretary of state's
ruling under division (C)(2) of this section and shall issue a
written decision containing findings of fact and conclusions of
law within twenty days after the date of the secretary of state's
ruling. Upon timely application, any person may intervene in the
appeal if the applicant claims an interest relating to the
certification decision, unless the applicant's interest is
adequately represented by existing parties to the appeal.
(b) Any aggrieved party may appeal the decision of the court
of common pleas by filing a notice of appeal within three days
after the court renders its decision under division (C)(3)(a) of
this section. The record on appeal shall be transmitted to the
court of appeals within three days after the notice of appeal is
filed. After the filing of the notice of appeal, the parties shall
file their briefs and appendices with the clerk of the court of
appeals within four days. As soon as the record and briefs have
been so filed, the court of appeals shall consider the case. The
court of appeals shall issue its decision within fourteen days
after the date of the decision of the court of common pleas.
(4) If the secretary of state, a court of common pleas, or a
court of appeals determines that an appeal was made under this
section frivolously or for the purpose of causing delay or
hardship, the secretary of state or court may order the challenger
to pay the costs incurred by the secretary of state, opposing
parties, or the court in relation to the appeal.
(D) A candidate whose certification as a public financing
program candidate is revoked on an appeal under this section shall
return to the secretary of state any unspent moneys the secretary
of state distributed to that candidate under division (A) of
section 3525.06 of the Revised Code. Those moneys shall be
deposited into the Ohio public financing program fund.
Sec. 3525.10. The secretary of state shall adopt rules under
Chapter 119. of the Revised Code to ensure the effective
administration of this chapter. Those rules shall include, but are
not limited to, procedures for all of the following:
(A) Obtaining qualifying contributions;
(B) Certification as a public financing program candidate;
(C) The operation of the Ohio public financing program as it
applies to ballot vacancies, candidate withdrawals, and
replacement candidates;
(D) The operation of the Ohio public financing program as it
applies to special elections and recounts;
(E) Collection of moneys for the fund;
(F) Distribution of moneys to certified candidates;
(G) Return of unspent distributions to the fund;
(H) Disposition of equipment purchased with moneys
distributed from the fund;
(I) Compliance with the Ohio public financing program.
Sec. 3525.11. Not later than January 31, 2015, and every year
after that date, the secretary of state shall prepare and submit
to the governor, the speaker of the house of representatives, the
president of the senate, and the chief justice of the supreme
court a report documenting, evaluating, and making recommendations
relating to the administration, implementation, and enforcement of
the Ohio public financing program and the Ohio public financing
program fund.
Sec. 3525.99. (A) If the secretary of state finds that a
violation of any provision of this chapter has occurred, the
secretary of state shall impose a fine upon the violator in
accordance with division (B) of this section. In determining
whether a candidate has violated the expenditure limits of this
chapter, the secretary of state may consider as a mitigating
factor any circumstances out of the candidate's control. In
addition to any fine, for good cause shown, the secretary of state
may require a candidate, treasurer, consultant, or other agent of
the candidate or campaign committee found to be in violation of
this chapter or the secretary of state's rules to return to the
secretary of state all moneys distributed to that candidate under
division (A) of section 3525.06 of the Revised Code for deposit
into the Ohio public financing program fund.
(B)(1) A participating candidate who accepts contributions or
makes expenditures in violation of division (C)(1) of section
3525.04 of the Revised Code shall be fined an amount equal to
three times the amount accepted or expended in violation of that
division and shall be ineligible for certification as a public
financing program candidate under section 3525.05 of the Revised
Code.
(2) A certified candidate who accepts contributions or makes
expenditures in violation of division (E)(1) of section 3525.05 of
the Revised Code shall be fined an amount equal to three times the
amount accepted or expended in violation of that division and
shall return to the secretary of state all moneys distributed to
the candidate under division (A) of section 3525.06 of the Revised
Code for deposit into the Ohio public financing program fund.
(3) Whoever violates any other provision of this chapter
shall be fined an amount not to exceed ten thousand dollars.
(C) Fines imposed under this section shall be paid into the
Ohio public financing program fund.
Sec. 5747.081. An individual whose state income tax
liability for a tax year is one dollar or more may designate that
one dollar be paid into the Ohio political party fund to be
divided among qualifying political parties. If a husband and wife
who file a joint tax return have a tax liability of two dollars or
more, each spouse may designate that one dollar be paid into the
fund. The (A) An individual taxpayer whose net tax liability under
this chapter for the taxable year for which the return is filed is
one dollar or more, or two dollars or more in the case of a joint
return, may designate on the return that one dollar, or one or two
dollars in the case of a joint return, be paid into the Ohio
political party fund created in section 3517.16 of the Revised
Code.
(B) An individual taxpayer whose net liability under this
chapter for the taxable year for which the return is filed is
fifty dollars or more may designate that fifty dollars be paid
into the Ohio public financing program fund created in section
3525.03 of the Revised Code. If two individuals file a joint
return and their net tax liability is one hundred dollars or more,
each individual may designate that fifty dollars be paid into the
fund. This division does not apply to an individual who claims a
credit under section 5747.29 of the Revised Code for the taxable
year for which the return is filed.
(C) The tax commissioner shall provide, on the face of the
individual income tax return form, a place where a taxpayer may
make the designation designations authorized in this section. The
tax commissioner shall include language informing the taxpayer of
the purpose of the each designation and indicating that a
designation will not increase or decrease the taxpayer's tax
liability.
Section 2. That existing sections 3501.05, 3517.16, and
5747.081 of the Revised Code are hereby repealed.
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