Bill Text: OH HB538 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To increase from $5,000 to $100,000 the penalty for making a false statement in campaign materials related to the nomination or election of a statewide or General Assembly candidate if additional publications of the campaign materials containing the false statement are made after a panel of the Elections Commission has determined that there is probable cause to believe that the campaign materials contain a false statement, and to require the person who made the false statement to pay the complainant's reasonable attorney's fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-27 - To Elections & Ethics [HB538 Detail]
Download: Ohio-2009-HB538-Introduced.html
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Representative Baker
| To amend sections 3517.155 and 3517.992 of the | 1 |
| Revised Code to increase from $5,000 to $100,000 | 2 |
| the penalty for making a false statement in | 3 |
| campaign materials related to the nomination or | 4 |
| election of a statewide or General Assembly | 5 |
| candidate if additional publications of the | 6 |
| campaign materials containing the false statement | 7 |
| are made after a panel of the Elections Commission | 8 |
| has determined that there is probable cause to | 9 |
| believe that the campaign materials contain a | 10 |
| false statement, and to require the person who | 11 |
| made the false statement to pay the complainant's | 12 |
| reasonable attorney's fees. | 13 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 3517.155 and 3517.992 of the Revised | 14 |
| Code be amended to read as follows: | 15 |
| Sec. 3517.155. (A)(1) Except as otherwise provided in | 16 |
| division (B) of this section, the Ohio elections commission shall | 17 |
| hold its first hearing on a complaint filed with it, other than a | 18 |
| complaint that receives an expedited hearing under section | 19 |
| 3517.156 of the Revised Code, not later than ninety business days | 20 |
| after the complaint is filed unless the commission has good cause | 21 |
| to hold the hearing after that time, in which case it shall hold | 22 |
| the hearing not later than one hundred eighty business days after | 23 |
| the complaint is filed. At the hearing, the commission shall | 24 |
| determine whether or not the failure to act or the violation | 25 |
| alleged in the complaint has occurred and shall do only one of the | 26 |
| following, except as otherwise provided in division (B) of this | 27 |
| section or in division (B) of section 3517.151 of the Revised | 28 |
| Code: | 29 |
| (a) Enter a finding that good cause has been shown not to | 30 |
| impose a fine or not to refer the matter to the appropriate | 31 |
| prosecutor; | 32 |
| (b) Impose a fine under section 3517.993 of the Revised Code; | 33 |
| (c) Refer the matter to the appropriate prosecutor; | 34 |
| (d) Direct the secretary of state or appropriate board of | 35 |
| elections with the authority to certify a candidate to the ballot | 36 |
| to remove a candidate's name from the ballot if the candidate is | 37 |
| barred from the ballot under division (D) of section 3517.1010 of | 38 |
| the Revised Code. | 39 |
| (2) As used in division (A) of this section, "appropriate | 40 |
| prosecutor" means a prosecutor as defined in section 2935.01 of | 41 |
| the Revised Code and either of the following: | 42 |
| (a) In the case of a failure to comply with or a violation of | 43 |
| law involving a campaign committee or the committee's candidate, a | 44 |
| political party, a legislative campaign fund, a political action | 45 |
| committee, or a political contributing entity, that is required to | 46 |
| file a statement of contributions and expenditures with the | 47 |
| secretary of state under division (A) of section 3517.11 of the | 48 |
| Revised Code, the prosecutor of Franklin county; | 49 |
| (b) In the case of a failure to comply with or a violation of | 50 |
| law involving any other campaign committee or committee's | 51 |
| candidate, or any other political party, political action | 52 |
| committee, or political contributing entity either of the | 53 |
| following as determined by the commission: | 54 |
| (i) The prosecutor of Franklin county; | 55 |
| (ii) The prosecutor of the county in which the candidacy or | 56 |
| ballot question or issue is submitted to the electors or, if it is | 57 |
| submitted in more than one county, the most populous of those | 58 |
| counties. | 59 |
| (B)(1) If the commission decides that the evidence is | 60 |
| insufficient for it to determine whether or not the failure to act | 61 |
| or the violation alleged in the complaint has occurred, the | 62 |
| commission, by the affirmative vote of five members, may request | 63 |
| that an investigatory attorney investigate the complaint. Upon | 64 |
| that request, an investigatory attorney shall make an | 65 |
| investigation in order to produce sufficient evidence for the | 66 |
| commission to decide the matter. If the commission requests an | 67 |
| investigation under this division, for good cause shown by the | 68 |
| investigatory attorney, the commission may extend by sixty days | 69 |
| the deadline for holding its first hearing on the complaint as | 70 |
| required in division (A) of this section. | 71 |
| (2) If all of the following apply, the commission shall | 72 |
| require a party who is fined under division (A)(1)(b) of this | 73 |
| section or referred for prosecution under division (A)(1)(c) of | 74 |
| this section, to also pay the reasonable attorney's fees of the | 75 |
| person who filed the complaint with the commission: | 76 |
| (a) The fine or referral for prosecution is made pursuant to | 77 |
| division (B) of section 3517.21 of the Revised Code for a false | 78 |
| statement; | 79 |
| (b) The false statement was made in regard to a campaign for | 80 |
| nomination or election to a statewide office or the office of | 81 |
| member of the general assembly; | 82 |
| (c) The commission determines that the violator made one or | 83 |
| more additional publications of the false statement after a panel | 84 |
| of the commission found probable cause to believe the statement | 85 |
| violated division (B) of section 3517.21 of the Revised Code. | 86 |
| (C) The commission shall take one of the actions required | 87 |
| under division (A) of this section not later than thirty days | 88 |
| after the close of all the evidence presented. | 89 |
| (D)(1) The commission shall make any finding of a failure to | 90 |
| comply with or a violation of law in regard to a complaint that | 91 |
| alleges a violation of division (D) of section 3517.1010, division | 92 |
| (A) or (B) of section 3517.21, or division (A) or (B) of section | 93 |
| 3517.22 of the Revised Code by clear and convincing evidence. The | 94 |
| commission shall make any finding of a failure to comply with or a | 95 |
| violation of law in regard to any other complaint by a | 96 |
| preponderance of the evidence. | 97 |
| (2) If the commission finds a violation of division (B) of | 98 |
| section 3517.21 or division (B) of section 3517.22 of the Revised | 99 |
| Code, it shall refer the matter to the appropriate prosecutor | 100 |
| under division (A)(1)(c) of this section and shall not impose a | 101 |
| fine under division (A)(1)(b) of this section or section 3517.993 | 102 |
| of the Revised Code. | 103 |
| (E) In an action before the commission or a panel of the | 104 |
| commission, if the allegations of the complainant are not proved, | 105 |
| and the commission takes the action described in division | 106 |
| (A)(1)(a) of this section or a panel of the commission takes the | 107 |
| action described in division (C)(1) of section 3517.156 of the | 108 |
| Revised Code, the commission or a panel of the commission may find | 109 |
| that the complaint is frivolous, and, if the commission or panel | 110 |
| so finds, the commission shall order the complainant to pay | 111 |
| reasonable attorney's fees and to pay the costs of the commission | 112 |
| or panel as determined by a majority of the members of the | 113 |
| commission. The costs paid to the commission or panel under this | 114 |
| division shall be deposited into the Ohio elections commission | 115 |
| fund. | 116 |
| Sec. 3517.992. This section establishes penalties only with | 117 |
| respect to acts or failures to act that occur on and after August | 118 |
| 24, 1995. | 119 |
| (A)(1) A candidate whose campaign committee violates division | 120 |
| (A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 121 |
| or a treasurer of a campaign committee who violates any of those | 122 |
| divisions, shall be fined not more than one hundred dollars for | 123 |
| each day of violation. | 124 |
| (2) Whoever violates division (E) or (X)(5) of section | 125 |
| 3517.13 of the Revised Code shall be fined not more than one | 126 |
| hundred dollars for each day of violation. | 127 |
| (B) A political party that violates division (F)(1) of | 128 |
| section 3517.101 of the Revised Code shall be fined not more than | 129 |
| one hundred dollars for each day of violation. | 130 |
| (C) Whoever violates division (F)(2) of section 3517.101 or | 131 |
| division (G) of section 3517.13 of the Revised Code shall be fined | 132 |
| not more than ten thousand dollars or, if the offender is a person | 133 |
| who was nominated or elected to public office, shall forfeit the | 134 |
| nomination or the office to which the offender was elected, or | 135 |
| both. | 136 |
| (D) Whoever violates division (F) of section 3517.13 of the | 137 |
| Revised Code shall be fined not more than three times the amount | 138 |
| contributed. | 139 |
| (E) Whoever violates division (H) of section 3517.13 of the | 140 |
| Revised Code shall be fined not more than one hundred dollars. | 141 |
| (F) Whoever violates division (O), (P), or (Q) of section | 142 |
| 3517.13 of the Revised Code is guilty of a misdemeanor of the | 143 |
| first degree. | 144 |
| (G) A state or county committee of a political party that | 145 |
| violates division (B)(1) of section 3517.18 of the Revised Code | 146 |
| shall be fined not more than twice the amount of the improper | 147 |
| expenditure. | 148 |
| (H) A state or county political party that violates division | 149 |
| (G) of section 3517.101 of the Revised Code shall be fined not | 150 |
| more than twice the amount of the improper expenditure or use. | 151 |
| (I)(1) Any individual who violates division (B)(1) of section | 152 |
| 3517.102 of the Revised Code and knows that the contribution the | 153 |
| individual makes violates that division shall be fined an amount | 154 |
| equal to three times the amount contributed in excess of the | 155 |
| amount permitted by that division. | 156 |
| (2) Any political action committee that violates division | 157 |
| (B)(2) of section 3517.102 of the Revised Code shall be fined an | 158 |
| amount equal to three times the amount contributed in excess of | 159 |
| the amount permitted by that division. | 160 |
| (3) Any campaign committee that violates division (B)(3) or | 161 |
| (5) of section 3517.102 of the Revised Code shall be fined an | 162 |
| amount equal to three times the amount contributed in excess of | 163 |
| the amount permitted by that division. | 164 |
| (4)(a) Any legislative campaign fund that violates division | 165 |
| (B)(6) of section 3517.102 of the Revised Code shall be fined an | 166 |
| amount equal to three times the amount transferred or contributed | 167 |
| in excess of the amount permitted by that division, as applicable. | 168 |
| (b) Any state political party, county political party, or | 169 |
| state candidate fund of a state political party or county | 170 |
| political party that violates division (B)(6) of section 3517.102 | 171 |
| of the Revised Code shall be fined an amount equal to three times | 172 |
| the amount transferred or contributed in excess of the amount | 173 |
| permitted by that division, as applicable. | 174 |
| (c) Any political contributing entity that violates division | 175 |
| (B)(7) of section 3517.102 of the Revised Code shall be fined an | 176 |
| amount equal to three times the amount contributed in excess of | 177 |
| the amount permitted by that division. | 178 |
| (5) Any political party that violates division (B)(4) of | 179 |
| section 3517.102 of the Revised Code shall be fined an amount | 180 |
| equal to three times the amount contributed in excess of the | 181 |
| amount permitted by that division. | 182 |
| (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 183 |
| of this section, no violation of division (B) of section 3517.102 | 184 |
| of the Revised Code occurs, and the secretary of state shall not | 185 |
| refer parties to the Ohio elections commission, if the amount | 186 |
| transferred or contributed in excess of the amount permitted by | 187 |
| that division meets either of the following conditions: | 188 |
| (a) It is completely refunded within five business days after | 189 |
| it is accepted. | 190 |
| (b) It is completely refunded on or before the tenth business | 191 |
| day after notification to the recipient of the excess transfer or | 192 |
| contribution by the board of elections or the secretary of state | 193 |
| that a transfer or contribution in excess of the permitted amount | 194 |
| has been received. | 195 |
| (J)(1) Any campaign committee that violates division (C)(1), | 196 |
| (2), (3), or (6) of section 3517.102 of the Revised Code shall be | 197 |
| fined an amount equal to three times the amount accepted in excess | 198 |
| of the amount permitted by that division. | 199 |
| (2)(a) Any county political party that violates division | 200 |
| (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 201 |
| shall be fined an amount equal to three times the amount accepted. | 202 |
| (b) Any county political party that violates division | 203 |
| (C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 204 |
| fined an amount from its state candidate fund equal to three times | 205 |
| the amount accepted in excess of the amount permitted by that | 206 |
| division. | 207 |
| (c) Any state political party that violates division | 208 |
| (C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 209 |
| an amount from its state candidate fund equal to three times the | 210 |
| amount accepted in excess of the amount permitted by that | 211 |
| division. | 212 |
| (3) Any legislative campaign fund that violates division | 213 |
| (C)(5) of section 3517.102 of the Revised Code shall be fined an | 214 |
| amount equal to three times the amount accepted in excess of the | 215 |
| amount permitted by that division. | 216 |
| (4) Any political action committee or political contributing | 217 |
| entity that violates division (C)(7) of section 3517.102 of the | 218 |
| Revised Code shall be fined an amount equal to three times the | 219 |
| amount accepted in excess of the amount permitted by that | 220 |
| division. | 221 |
| (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 222 |
| this section, no violation of division (C) of section 3517.102 of | 223 |
| the Revised Code occurs, and the secretary of state shall not | 224 |
| refer parties to the Ohio elections commission, if the amount | 225 |
| transferred or contributed in excess of the amount permitted to be | 226 |
| accepted by that division meets either of the following | 227 |
| conditions: | 228 |
| (a) It is completely refunded within five business days after | 229 |
| its acceptance. | 230 |
| (b) It is completely refunded on or before the tenth business | 231 |
| day after notification to the recipient of the excess transfer or | 232 |
| contribution by the board of elections or the secretary of state | 233 |
| that a transfer or contribution in excess of the permitted amount | 234 |
| has been received. | 235 |
| (K)(1) Any legislative campaign fund that violates division | 236 |
| (F)(1) of section 3517.102 of the Revised Code shall be fined | 237 |
| twenty-five dollars for each day of violation. | 238 |
| (2) Any legislative campaign fund that violates division | 239 |
| (F)(2) of section 3517.102 of the Revised Code shall give to the | 240 |
| treasurer of state for deposit into the state treasury to the | 241 |
| credit of the Ohio elections commission fund all excess | 242 |
| contributions not disposed of as required by division (E) of | 243 |
| section 3517.102 of the Revised Code. | 244 |
| (L) Whoever violates section 3517.105 of the Revised Code | 245 |
| shall be fined one thousand dollars. | 246 |
| (M)(1) Whoever solicits a contribution in violation of | 247 |
| section 3517.092 or violates division (B) of section 3517.09 of | 248 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 249 |
| (2) Whoever knowingly accepts a contribution in violation of | 250 |
| division (B) or (C) of section 3517.092 of the Revised Code shall | 251 |
| be fined an amount equal to three times the amount accepted in | 252 |
| violation of either of those divisions and shall return to the | 253 |
| contributor any amount so accepted. Whoever unknowingly accepts a | 254 |
| contribution in violation of division (B) or (C) of section | 255 |
| 3517.092 of the Revised Code shall return to the contributor any | 256 |
| amount so accepted. | 257 |
| (N) Whoever violates division (S) of section 3517.13 of the | 258 |
| Revised Code shall be fined an amount equal to three times the | 259 |
| amount of funds transferred or three times the value of the assets | 260 |
| transferred in violation of that division. | 261 |
| (O) Any campaign committee that accepts a contribution or | 262 |
| contributions in violation of section 3517.108 of the Revised | 263 |
| Code, uses a contribution in violation of that section, or fails | 264 |
| to dispose of excess contributions in violation of that section | 265 |
| shall be fined an amount equal to three times the amount accepted, | 266 |
| used, or kept in violation of that section. | 267 |
| (P) Any political party, state candidate fund, legislative | 268 |
| candidate fund, or campaign committee that violates division (T) | 269 |
| of section 3517.13 of the Revised Code shall be fined an amount | 270 |
| equal to three times the amount contributed or accepted in | 271 |
| violation of that section. | 272 |
| (Q) A treasurer of a committee or another person who violates | 273 |
| division (U) of section 3517.13 of the Revised Code shall be fined | 274 |
| not more than two hundred fifty dollars. | 275 |
| (R) Whoever violates division (I) or (J) of section 3517.13 | 276 |
| of the Revised Code shall be fined not more than one thousand | 277 |
| dollars. Whenever a person is found guilty of violating division | 278 |
| (I) or (J) of section 3517.13 of the Revised Code, the contract | 279 |
| awarded in violation of either of those divisions shall be | 280 |
| rescinded if its terms have not yet been performed. | 281 |
| (S) A candidate whose campaign committee violates or a | 282 |
| treasurer of a campaign committee who violates section 3517.081 of | 283 |
| the Revised Code, and a candidate whose campaign committee | 284 |
| violates or a treasurer of a campaign committee or another person | 285 |
| who violates division (C) of section 3517.10 of the Revised Code, | 286 |
| shall be fined not more than five hundred dollars. | 287 |
| (T) A candidate whose campaign committee violates or a | 288 |
| treasurer of a committee who violates division (B) of section | 289 |
| 3517.09 of the Revised Code, or a candidate whose campaign | 290 |
| committee violates or a treasurer of a campaign committee or | 291 |
| another person who violates division (C) of section 3517.09 of the | 292 |
| Revised Code shall be fined not more than one thousand dollars. | 293 |
| (U) Whoever violates section 3517.20 of the Revised Code | 294 |
| shall be fined not more than five hundred dollars. | 295 |
| (V) Whoever violates section 3517.21 or 3517.22 of the | 296 |
| Revised Code shall be imprisoned for not more than six months or | 297 |
| fined not more than five thousand dollars, or both. If the | 298 |
| violation involves a false statement made under division (B) of | 299 |
| section 3517.21 of the Revised Code, the false statement was made | 300 |
| in regard to a campaign for nomination or election to a statewide | 301 |
| office or the office of member of the general assembly, and the | 302 |
| violator made one or more additional publications of the false | 303 |
| statement after a panel of the elections commission found probable | 304 |
| cause to believe the statement violated that division, the | 305 |
| violator shall be imprisoned for not more than six months or fined | 306 |
| one hundred thousand dollars, or both, and the violator shall pay | 307 |
| the reasonable attorney's fees of the person filing the complaint. | 308 |
| (W) A campaign committee that is required to file a | 309 |
| declaration of no limits under division (D)(2) of section 3517.103 | 310 |
| of the Revised Code that, before filing that declaration, accepts | 311 |
| a contribution or contributions that exceed the limitations | 312 |
| prescribed in section 3517.102 of the Revised Code, shall return | 313 |
| that contribution or those contributions to the contributor. | 314 |
| (X) Any campaign committee that fails to file the declaration | 315 |
| of filing-day finances required by division (F) of section | 316 |
| 3517.109 or the declaration of primary-day finances or declaration | 317 |
| of year-end finances required by division (E) of section 3517.1010 | 318 |
| of the Revised Code shall be fined twenty-five dollars for each | 319 |
| day of violation. | 320 |
| (Y) Any campaign committee that fails to dispose of excess | 321 |
| funds or excess aggregate contributions under division (B) of | 322 |
| section 3517.109 of the Revised Code in the manner required by | 323 |
| division (C) of that section or under division (B) of section | 324 |
| 3517.1010 of the Revised Code in the manner required by division | 325 |
| (C) of that section shall give to the treasurer of state for | 326 |
| deposit into the Ohio elections commission fund created under | 327 |
| division (I) of section 3517.152 of the Revised Code all funds not | 328 |
| disposed of pursuant to those divisions. | 329 |
| (Z) Any individual, campaign committee, political action | 330 |
| committee, political contributing entity, legislative campaign | 331 |
| fund, political party, or other entity that violates any provision | 332 |
| of sections 3517.09 to 3517.12 of the Revised Code for which no | 333 |
| penalty is provided for under any other division of this section | 334 |
| shall be fined not more than one thousand dollars. | 335 |
| (AA)(1) Whoever knowingly violates division (W)(1) of section | 336 |
| 3517.13 of the Revised Code shall be fined an amount equal to | 337 |
| three times the amount contributed, expended, or promised in | 338 |
| violation of that division or ten thousand dollars, whichever | 339 |
| amount is greater. | 340 |
| (2) Whoever knowingly violates division (W)(2) of section | 341 |
| 3517.13 of the Revised Code shall be fined an amount equal to | 342 |
| three times the amount solicited or accepted in violation of that | 343 |
| division or ten thousand dollars, whichever amount is greater. | 344 |
| (BB) Whoever knowingly violates division (C) or (D) of | 345 |
| section 3517.1011 of the Revised Code shall be fined not more than | 346 |
| ten thousand dollars plus not more than one thousand dollars for | 347 |
| each day of violation. | 348 |
| (CC)(1) Subject to division (CC)(2) of this section, whoever | 349 |
| violates division (H) of section 3517.1011 of the Revised Code | 350 |
| shall be fined an amount up to three times the amount disbursed | 351 |
| for the direct costs of airing the communication made in violation | 352 |
| of that division. | 353 |
| (2) Whoever has been ordered by the Ohio elections commission | 354 |
| or by a court of competent jurisdiction to cease making | 355 |
| communications in violation of division (H) of section 3517.1011 | 356 |
| of the Revised Code who again violates that division shall be | 357 |
| fined an amount equal to three times the amount disbursed for the | 358 |
| direct costs of airing the communication made in violation of that | 359 |
| division. | 360 |
| (DD)(1) Any corporation or labor organization that violates | 361 |
| division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 362 |
| fined an amount equal to three times the amount given in excess of | 363 |
| the amount permitted by that division. | 364 |
| (2) Any state or county political party that violates | 365 |
| division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 366 |
| fined an amount equal to three times the amount accepted in excess | 367 |
| of the amount permitted by that division. | 368 |
| Section 2. That existing sections 3517.155 and 3517.992 of | 369 |
| the Revised Code are hereby repealed. | 370 |
