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H. B. No. 554 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Becker, Bishoff, Hagan, R., Phillips, Letson
A BILL
To amend sections 3517.13 and 3517.992 of the Revised
Code to prohibit a person who holds an elective
office and who is a candidate from using public
funds to mail to individuals unsolicited
applications for absent voter's ballots that
contain the name of the candidate or an image of
the candidate's signature.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.13 and 3517.992 of the Revised
Code be amended to read as follows:
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate shall fail to file a complete and accurate statement
required under division (A)(1) of section 3517.10 of the Revised
Code.
(2) No campaign committee of a statewide candidate shall fail
to file a complete and accurate monthly statement, and no campaign
committee of a statewide candidate or a candidate for the office
of chief justice or justice of the supreme court shall fail to
file a complete and accurate two-business-day statement, as
required under section 3517.10 of the Revised Code.
As used in this division, "statewide candidate" has the same
meaning as in division (F)(2) of section 3517.10 of the Revised
Code.
(B) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(1) of section
3517.10 of the Revised Code.
(C) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(2) of section
3517.10 of the Revised Code.
(D) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(3) or (4) of
section 3517.10 of the Revised Code.
(E) No person other than a campaign committee shall knowingly
fail to file a statement required under section 3517.10 or
3517.107 of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election.
(G)(1) No person shall knowingly conceal or misrepresent
contributions given or received, expenditures made, or any other
information required to be reported by a provision in sections
3517.08 to 3517.13 and 3517.17 of the Revised Code.
(2)(a) No person shall make a contribution to a campaign
committee, political action committee, political contributing
entity, legislative campaign fund, political party, or person
making disbursements to pay the direct costs of producing or
airing electioneering communications in the name of another
person.
(b) A person does not make a contribution in the name of
another when either of the following applies:
(i) An individual makes a contribution from a partnership or
other unincorporated business account, if the contribution is
reported by listing both the name of the partnership or other
unincorporated business and the name of the partner or owner
making the contribution as required under division (I) of section
3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's
name or in both of their names.
(H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the same
area as that encompassed by the particular office that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees.
No person within this state, operating a radio or television
station or network of stations in this state, shall charge a
campaign committee for political broadcasts a rate that exceeds:
(1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of a
general or special election in which the candidate of the campaign
committee is seeking office, the lowest unit charge of the station
for the same class and amount of time for the same period;
(2) At any other time, the charges made for comparable use of
that station by its other users.
(I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse has
made, or any partner, shareholder, administrator, executor, or
trustee or the spouse of any of them has made, as an individual,
within the two previous calendar years, one or more contributions
totaling in excess of one thousand dollars to the holder of the
public office having ultimate responsibility for the award of the
contract or to the public officer's campaign committee.
(J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of that person has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign
committee.
(K) For purposes of divisions (I) and (J) of this section, if
a public officer who is responsible for the award of a contract is
appointed by the governor, whether or not the appointment is
subject to the advice and consent of the senate, excluding members
of boards, commissions, committees, authorities, councils, boards
of trustees, task forces, and other such entities appointed by the
governor, the office of the governor is considered to have
ultimate responsibility for the award of the contract.
(L) For purposes of divisions (I) and (J) of this section, if
a public officer who is responsible for the award of a contract is
appointed by the elected chief executive officer of a municipal
corporation, or appointed by the elected chief executive officer
of a county operating under an alternative form of county
government or county charter, excluding members of boards,
commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive officer
is considered to have ultimate responsibility for the award of the
contract.
(M)(1) Divisions (I) and (J) of this section do not apply to
contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall
apply to the specified entity only if the members of the entity
act collectively in the award of a contract for goods or services.
(2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board.
(N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to the
public officer's campaign committee, during the time the person
holds the office and during any time such person was a candidate
for the office. Those divisions do not apply to contributions made
to, or to the campaign committee of, a candidate for or holder of
the office other than the holder of the office at the time of the
award of the contract.
(2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation or
business trust made before the person held any of those positions
or after the person ceased to hold any of those positions in the
partnership, association, estate, trust, corporation, or business
trust whose eligibility to be awarded a contract is being
determined, nor to contributions of the person's spouse made
before the person held any of those positions, after the person
ceased to hold any of those positions, before the two were
married, after the granting of a decree of divorce, dissolution of
marriage, or annulment, or after the granting of an order in an
action brought solely for legal separation. Those divisions do not
apply to contributions of the spouse of an individual whose
eligibility to be awarded a contract is being determined made
before the two were married, after the granting of a decree of
divorce, dissolution of marriage, or annulment, or after the
granting of an order in an action brought solely for legal
separation.
(O) No beneficiary of a campaign fund or other person shall
convert for personal use, and no person shall knowingly give to a
beneficiary of a campaign fund or any other person, for the
beneficiary's or any other person's personal use, anything of
value from the beneficiary's campaign fund, including, without
limitation, payments to a beneficiary for services the beneficiary
personally performs, except as reimbursement for any of the
following:
(1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary in connection with duties as
the holder of a public office, including, without limitation,
expenses incurred through participation in nonpartisan or
bipartisan events if the participation of the holder of a public
office would normally be expected;
(3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the
following:
(a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue;
(b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee, or other candidate;
(c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or campaign committee;
(d) Attending a political party convention or other political
meeting.
For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly accept,
and no person shall knowingly give to the beneficiary of a
campaign fund, reimbursement for an expense under division (O) of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense is
reimbursed under division (O) of this section and is later paid or
reimbursed, wholly or in part, from another source of funds, the
beneficiary shall repay the reimbursement received under division
(O) of this section to the extent of the payment made or
reimbursement received from the other source.
(Q) No candidate or public official or employee shall accept
for personal or business use anything of value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or campaign committee other than the
candidate's or public official's or employee's own campaign
committee, and no person shall knowingly give to a candidate or
public official or employee anything of value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or such a campaign committee, except
for the following:
(1) Reimbursement for legitimate and verifiable ordinary and
necessary prior expenses not otherwise prohibited by law incurred
by the candidate or public official or employee while engaged in
any legitimate activity of the political party, political action
committee, political contributing entity, legislative campaign
fund, or such campaign committee. Without limitation, reimbursable
expenses under this division include those incurred while doing
any of the following:
(a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative campaign
fund, campaign committee, or another candidate;
(c) Attending a political party convention or other political
meeting.
(2) Compensation not otherwise prohibited by law for actual
and valuable personal services rendered under a written contract
to the political party, political action committee, political
contributing entity, legislative campaign fund, or such campaign
committee for any legitimate activity of the political party,
political action committee, political contributing entity,
legislative campaign fund, or such campaign committee.
Reimbursable expenses under this division do not include, and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political
contributing entity, legislative campaign fund, or campaign
committee other than the candidate's or public official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election, except for
contributions to the candidate's or public official's or
employee's campaign committee.
For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account.
(R)(1) Division (O) or (P) of this section does not prohibit
a campaign committee from making direct advance or post payment
from contributions to vendors for goods and services for which
reimbursement is permitted under division (O) of this section,
except that no campaign committee shall pay its candidate or other
beneficiary for services personally performed by the candidate or
other beneficiary.
(2) If any expense that may be reimbursed under division (O),
(P), or (Q) of this section is part of other expenses that may not
be paid or reimbursed, the separation of the two types of expenses
for the purpose of allocating for payment or reimbursement those
expenses that may be paid or reimbursed may be by any reasonable
accounting method, considering all of the surrounding
circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that allowed
by the internal revenue service at the time the travel occurs may
be paid instead of reimbursement for actual travel expenses
allowable.
(S)(1) As used in division (S) of this section:
(a) "State elective office" has the same meaning as in
section 3517.092 of the Revised Code.
(b) "Federal office" means a federal office as defined in the
Federal Election Campaign Act.
(c) "Federal campaign committee" means a principal campaign
committee or authorized committee as defined in the Federal
Election Campaign Act.
(2) No person who is a candidate for state elective office
and who previously sought nomination or election to a federal
office shall transfer any funds or assets from that person's
federal campaign committee for nomination or election to the
federal office to that person's campaign committee as a candidate
for state elective office.
(3) No campaign committee of a person who is a candidate for
state elective office and who previously sought nomination or
election to a federal office shall accept any funds or assets from
that person's federal campaign committee for that person's
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102 of the Revised Code, a state or county political
party shall not disburse moneys from any account other than a
state candidate fund to make contributions to any of the
following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, member of the state
board of education, or member of the general assembly.
(2) No state candidate fund, legislative campaign fund, or
campaign committee of a candidate for any office described in
division (T)(1)(c) of this section shall knowingly accept a
contribution in violation of division (T)(1) of this section.
(U) No person shall fail to file a statement required under
section 3517.12 of the Revised Code.
(V) No campaign committee shall fail to file a statement
required under division (K)(3) of section 3517.10 of the Revised
Code.
(W)(1) No foreign national shall, directly or indirectly
through any other person or entity, make a contribution,
expenditure, or independent expenditure or promise, either
expressly or implicitly, to make a contribution, expenditure, or
independent expenditure in support of or opposition to a candidate
for any elective office in this state, including an office of a
political party.
(2) No candidate, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, state candidate fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or independent expenditure from a foreign national.
The secretary of state may direct any candidate, committee,
entity, fund, or party that accepts a contribution, expenditure,
or independent expenditure in violation of this division to return
the contribution, expenditure, or independent expenditure or, if
it is not possible to return the contribution, expenditure, or
independent expenditure, then to return instead the value of it,
to the contributor.
(3) As used in division (W) of this section, "foreign
national" has the same meaning as in section 441e(b) of the
Federal Election Campaign Act.
(X)(1) No state or county political party shall transfer any
moneys from its restricted fund to any account of the political
party into which contributions may be made or from which
contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a
contribution or contributions that it receives into its restricted
fund.
(b) No state or county political party shall make a
contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift
or gifts from the corporation's or labor organization's money or
property aggregating more than ten thousand dollars to any one
state or county political party for the party's restricted fund in
a calendar year.
(b) No state or county political party shall accept a gift or
gifts for the party's restricted fund aggregating more than ten
thousand dollars from any one corporation or labor organization in
a calendar year.
(4) No state or county political party shall transfer any
moneys in the party's restricted fund to any other state or county
political party.
(5) No state or county political party shall knowingly fail
to file a statement required under section 3517.1012 of the
Revised Code.
(Y) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract, other than one awarded by
competitive bidding, for the purchase of goods costing more than
five hundred dollars or services costing more than five hundred
dollars to any individual, partnership, association, including,
without limitation, a professional association organized under
Chapter 1785. of the Revised Code, estate, or trust, if the
individual has made, or the individual's spouse has made, or any
partner, shareholder, administrator, executor, or trustee, or the
spouses of any of those individuals has made, as an individual,
within the two previous calendar years, one or more contributions
totaling in excess of one thousand dollars to the campaign
committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
(Z) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
business with or award any contract, other than one awarded by
competitive bidding, for the purchase of goods costing more than
five hundred dollars or services costing more than five hundred
dollars to a corporation or business trust, except a professional
association organized under Chapter 1785. of the Revised Code, if
an owner of more than twenty per cent of the corporation or
business trust, or the spouse of the owner, has made, as an
individual, within the two previous calendar years, taking into
consideration only owners for all of such period, one or more
contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to
the campaign committee of any candidate for the office of governor
or lieutenant governor.
(AA)(1) No person who holds an elective office and who is a
candidate shall use public funds to mail to individuals
unsolicited applications for absent voter's ballots that contain
the name of the candidate or an image of the candidate's
signature.
(2) As used in division (AA) of this section, "candidate" has
the same meaning as in section 3501.01 of the Revised Code.
Sec. 3517.992. This section establishes penalties only with
respect to acts or failures to act that occur on and after August
24, 1995.
(A)(1) A candidate whose campaign committee violates division
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,
or a treasurer of a campaign committee who violates any of those
divisions, shall be fined not more than one hundred dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 or division (E)(1) of section 3517.1014 of the Revised
Code shall be fined not more than one hundred dollars for each day
of violation.
(B) An entity that violates division (G)(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 (G)(2) of section 3517.101,
division (G) of section 3517.13, or division (E)(2) or (3) of
section 3517.1014 of the Revised Code shall be fined not more than
ten thousand dollars or, if the offender is a person who was
nominated or elected to public office, shall forfeit the
nomination or the office to which the offender was elected, or
both.
(D) Whoever violates division (F) of section 3517.13 of the
Revised Code shall be fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of section 3517.13 of the
Revised Code shall be fined not more than one hundred dollars.
(F) Whoever violates division (O), (P), or (Q) of section
3517.13 of the Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a political party that
violates division (B)(1) of section 3517.18 of the Revised Code
shall be fined not more than twice the amount of the improper
expenditure.
(H) An entity that violates division (H) 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 of the Revised Code shall be fined twenty-five dollars
for each day of violation.
(Y)(1) Any campaign committee that fails to dispose of excess
funds or excess aggregate contributions under division (B) of
section 3517.109 of the Revised Code in the manner required by
division (C) of that section 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 that division.
(2) Any treasurer of a transition fund that fails to dispose
of assets remaining in the transition fund as required under
division (H)(1) or (2) of section 3517.1014 of the Revised Code
shall give to the treasurer of state for deposit into the Ohio
elections commission fund all assets not disposed of pursuant to
that division.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political party, treasurer of a transition fund, or other
entity that violates any provision of sections 3517.09 to 3517.12
of the Revised Code for which no penalty is provided for under any
other division of this section shall be fined not more than one
thousand dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount contributed, expended, or promised in
violation of that division or ten thousand dollars, whichever
amount is greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount solicited or accepted in violation of that
division or ten thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(1) Any campaign committee or person who violates
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount donated
in excess of the amount permitted by that division.
(2) Any officeholder or treasurer of a transition fund who
violates division (C)(3)(a) or (b) of section 3517.1014 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
(FF)(1)(a) Whoever violates division (AA) of section 3517.13
of the Revised Code is guilty of improper mailing of applications
for absent voter's ballots. Except as otherwise provided in
division (FF)(1)(b) or (c) of this section, improper mailing of
applications for absent voter's ballots is a felony of the fifth
degree.
(b) If the amount of the public funds expended in conducting
the improper mailing of applications for absent voter's ballots is
one thousand dollars or more and is less than seven thousand five
hundred dollars, the offense is a felony of the fourth degree.
(c) If the amount of the public funds expended in conducting
the improper mailing of applications for absent voter's ballots is
seven thousand five hundred dollars or more, the offense is a
felony of the third degree.
(2)(a) A court that imposes a sentence for improper mailing
of applications for absent voter's ballots shall require the
offender to make restitution for the amount of the public funds
expended in conducting the mailing, in addition to the term of
imprisonment and any fine imposed.
(b) If the offender, at the time of the commission of the
offense or at any other time, was a member, electing employee,
participating employee, continuing member, or participant in a
retirement system, pension fund, alternative retirement plan, or
deferred compensation program described in division (C)(2)(b)(i)
of section 2921.41 of the Revised Code, the entity to which
restitution is to be made may file a motion with the sentencing
court specifying any such system, fund, plan, or program and
requesting the court to issue an order requiring that the amount
of the restitution be withheld from the benefits that have been or
will be granted to the offender by that system, fund, plan, or
program, in accordance with the requirements of division (C)(2)(b)
of that section. The court shall process the request in accordance
with that division.
(c) Upon the filing of charges against a person for improper
mailing of applications for absent voter's ballots, the prosecutor
who is assigned the case shall send written notice that charges
have been filed against that person to the entities listed in
division (D) of section 2921.41 of the Revised Code. The written
notice shall specifically identify the person charged.
Section 2. That existing sections 3517.13 and 3517.992 of
the Revised Code are hereby repealed.
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