Bill Text: OH HB55 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To regulate independent expenditures by corporations, labor organizations, and entities the primary purpose of which are to accept corporate or labor organization funds for use in making independent expenditures and to prohibit contributions made for the purpose of influencing a ballot issue from being made to or accepted by an entity that is not subject to campaign finance reporting requirements.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2011-01-26 - To State Government & Elections [HB55 Detail]
Download: Ohio-2011-HB55-Introduced.html
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Representatives Goyal, Murray
Cosponsors:
Representatives Foley, Garland, Weddington, Hagan, Pillich, Phillips, Heard, Boyd
To amend sections 3517.01, 3517.10, 3517.105, | 1 |
3517.106, 3517.1011, 3517.11, 3517.13, 3517.153, | 2 |
3517.154, 3517.20, 3517.992, 3599.03, 5727.61, and | 3 |
5733.27, to amend, for the purpose of adopting a | 4 |
new section number as indicated in parentheses, | 5 |
section 3517.106 (3517.1016), and to enact new | 6 |
section 3517.106 of the Revised Code to regulate | 7 |
independent expenditures by corporations, labor | 8 |
organizations, and entities the primary purpose of | 9 |
which are to accept corporate or labor | 10 |
organization funds for use in making independent | 11 |
expenditures and to prohibit contributions made | 12 |
for the purpose of influencing a ballot issue from | 13 |
being made to or accepted by an entity that is not | 14 |
subject to campaign finance reporting | 15 |
requirements. | 16 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.01, 3517.10, 3517.105, | 17 |
3517.106, 3517.1011, 3517.11, 3517.13, 3517.153, 3517.154, | 18 |
3517.20, 3517.992, 3599.03, 5727.61, and 5733.27 be amended, | 19 |
section 3517.106 (3517.1016) be amended, for the purpose of | 20 |
adopting a new section number as indicated in parentheses, and new | 21 |
section 3517.106 of the Revised Code be enacted to read as | 22 |
follows: | 23 |
Sec. 3517.01. (A)(1) A political party within the meaning of | 24 |
Title XXXV of the Revised Code is any group of voters that, at the | 25 |
most recent regular state election, polled for its candidate for | 26 |
governor in the state or nominees for presidential electors at | 27 |
least five per cent of the entire vote cast for that office or | 28 |
that filed with the secretary of state, subsequent to any election | 29 |
in which it received less than five per cent of that vote, a | 30 |
petition signed by qualified electors equal in number to at least | 31 |
one per cent of the total vote for governor or nominees for | 32 |
presidential electors at the most recent election, declaring their | 33 |
intention of organizing a political party, the name of which shall | 34 |
be stated in the declaration, and of participating in the | 35 |
succeeding primary election, held in even-numbered years, that | 36 |
occurs more than one hundred twenty days after the date of filing. | 37 |
No such group of electors shall assume a name or designation that | 38 |
is similar, in the opinion of the secretary of state, to that of | 39 |
an existing political party as to confuse or mislead the voters at | 40 |
an election. If any political party fails to cast five per cent of | 41 |
the total vote cast at an election for the office of governor or | 42 |
president, it shall cease to be a political party. | 43 |
(2) A campaign committee shall be legally liable for any | 44 |
debts, contracts, or expenditures incurred or executed in its | 45 |
name. | 46 |
(B) Notwithstanding the definitions found in section 3501.01 | 47 |
of the Revised Code, as used in this section and sections 3517.08 | 48 |
to 3517.14, 3517.99, and 3517.992 of the Revised Code: | 49 |
(1) "Campaign committee" means a candidate or a combination | 50 |
of two or more persons authorized by a candidate under section | 51 |
3517.081 of the Revised Code to receive contributions and make | 52 |
expenditures. | 53 |
(2) "Campaign treasurer" means an individual appointed by a | 54 |
candidate under section 3517.081 of the Revised Code. | 55 |
(3) "Candidate" has the same meaning as in division (H) of | 56 |
section 3501.01 of the Revised Code and also includes any person | 57 |
who, at any time before or after an election, receives | 58 |
contributions or makes expenditures or other use of contributions, | 59 |
has given consent for another to receive contributions or make | 60 |
expenditures or other use of contributions, or appoints a campaign | 61 |
treasurer, for the purpose of bringing about the person's | 62 |
nomination or election to public office. When two persons jointly | 63 |
seek the offices of governor and lieutenant governor, "candidate" | 64 |
means the pair of candidates jointly. "Candidate" does not include | 65 |
candidates for election to the offices of member of a county or | 66 |
state central committee, presidential elector, and delegate to a | 67 |
national convention or conference of a political party. | 68 |
(4) "Continuing association" means an association, other than | 69 |
a campaign committee, political party, legislative campaign fund, | 70 |
political contributing entity, or labor organization, that is | 71 |
intended to be a permanent organization that has a primary purpose | 72 |
other than supporting or opposing specific candidates, political | 73 |
parties, or ballot issues, and that functions on a regular basis | 74 |
throughout the year. "Continuing association" includes | 75 |
organizations that are determined to be not organized for profit | 76 |
under subsection 501 and that are described in subsection | 77 |
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. | 78 |
(5) "Contribution" means a loan, gift, deposit, forgiveness | 79 |
of indebtedness, donation, advance, payment, or transfer of funds | 80 |
or anything of value, including a transfer of funds from an inter | 81 |
vivos or testamentary trust or decedent's estate, and the payment | 82 |
by any person other than the person to whom the services are | 83 |
rendered for the personal services of another person, which | 84 |
contribution is made, received, or used for the purpose of | 85 |
influencing the results of an election. Any loan, gift, deposit, | 86 |
forgiveness of indebtedness, donation, advance, payment, or | 87 |
transfer of funds or of anything of value, including a transfer of | 88 |
funds from an inter vivos or testamentary trust or decedent's | 89 |
estate, and the payment by any campaign committee, political | 90 |
action committee, legislative campaign fund, political party, | 91 |
political contributing entity, or person other than the person to | 92 |
whom the services are rendered for the personal services of | 93 |
another person, that is made, received, or used by a state or | 94 |
county political party, other than moneys a state or county | 95 |
political party receives from the Ohio political party fund | 96 |
pursuant to section 3517.17 of the Revised Code and the moneys a | 97 |
state or county political party may receive under sections | 98 |
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be | 99 |
considered to be a "contribution" for the purpose of section | 100 |
3517.10 of the Revised Code and shall be included on a statement | 101 |
of contributions filed under that section. | 102 |
"Contribution" does not include any of the following: | 103 |
(a) Services provided without compensation by individuals | 104 |
volunteering a portion or all of their time on behalf of a person; | 105 |
(b) Ordinary home hospitality; | 106 |
(c) The personal expenses of a volunteer paid for by that | 107 |
volunteer campaign worker; | 108 |
(d) Any gift given to a state or county political party | 109 |
pursuant to section 3517.101 of the Revised Code. As used in | 110 |
division (B)(5)(d) of this section, "political party" means only a | 111 |
major political party; | 112 |
(e) Any contribution as defined in section 3517.1011 of the | 113 |
Revised Code that is made, received, or used to pay the direct | 114 |
costs of producing or airing an electioneering communication; | 115 |
(f) Any gift given to a state or county political party for | 116 |
the party's restricted fund under division (A)(2) of section | 117 |
3517.1012 of the Revised Code; | 118 |
(g) Any gift given to a state political party for deposit in | 119 |
a Levin account pursuant to section 3517.1013 of the Revised Code. | 120 |
As used in this division, "Levin account" has the same meaning as | 121 |
in that section. | 122 |
(h) Any donation given to a transition fund under section | 123 |
3517.1014 of the Revised Code. | 124 |
(6) "Expenditure" means the disbursement or use of a | 125 |
contribution for the purpose of influencing the results of an | 126 |
election or of making a charitable donation under division (G) of | 127 |
section 3517.08 of the Revised Code. Any disbursement or use of a | 128 |
contribution by a state or county political party is an | 129 |
expenditure and shall be considered either to be made for the | 130 |
purpose of influencing the results of an election or to be made as | 131 |
a charitable donation under division (G) of section 3517.08 of the | 132 |
Revised Code and shall be reported on a statement of expenditures | 133 |
filed under section 3517.10 of the Revised Code. During the thirty | 134 |
days preceding a primary or general election, any disbursement to | 135 |
pay the direct costs of producing or airing a broadcast, cable, or | 136 |
satellite communication that refers to a clearly identified | 137 |
candidate shall be considered to be made for the purpose of | 138 |
influencing the results of that election and shall be reported as | 139 |
an expenditure or as an independent expenditure under section | 140 |
3517.10 | 141 |
applicable, except that the information required to be reported | 142 |
regarding contributors for those expenditures or independent | 143 |
expenditures shall be the same as the information required to be | 144 |
reported under divisions (D)(1) and (2) of section 3517.1011 of | 145 |
the Revised Code. | 146 |
As used in this division, "broadcast, cable, or satellite | 147 |
communication" and "refers to a clearly identified candidate" have | 148 |
the same meanings as in section 3517.1011 of the Revised Code. | 149 |
(7) "Personal expenses" includes, but is not limited to, | 150 |
ordinary expenses for accommodations, clothing, food, personal | 151 |
motor vehicle or airplane, and home telephone. | 152 |
(8) "Political action committee" means a combination of two | 153 |
or more persons, the primary or major purpose of which is to | 154 |
support or oppose any candidate, political party, or issue, or to | 155 |
influence the result of any election through express advocacy, and | 156 |
that is not a political party, a campaign committee, a political | 157 |
contributing entity, or a legislative campaign fund. "Political | 158 |
action committee" does not include either of the following: | 159 |
(a) A continuing association that makes disbursements for the | 160 |
direct costs of producing or airing electioneering communications | 161 |
and that does not engage in express advocacy; | 162 |
(b) A political club that is formed primarily for social | 163 |
purposes and that consists of one hundred members or less, has | 164 |
officers and periodic meetings, has less than two thousand five | 165 |
hundred dollars in its treasury at all times, and makes an | 166 |
aggregate total contribution of one thousand dollars or less per | 167 |
calendar year. | 168 |
(9) "Public office" means any state, county, municipal, | 169 |
township, or district office, except an office of a political | 170 |
party, that is filled by an election and the offices of United | 171 |
States senator and representative. | 172 |
(10) "Anything of value" has the same meaning as in section | 173 |
1.03 of the Revised Code. | 174 |
(11) "Beneficiary of a campaign fund" means a candidate, a | 175 |
public official or employee for whose benefit a campaign fund | 176 |
exists, and any other person who has ever been a candidate or | 177 |
public official or employee and for whose benefit a campaign fund | 178 |
exists. | 179 |
(12) "Campaign fund" means money or other property, including | 180 |
contributions. | 181 |
(13) "Public official or employee" has the same meaning as in | 182 |
section 102.01 of the Revised Code. | 183 |
(14) "Caucus" means all of the members of the house of | 184 |
representatives or all of the members of the senate of the general | 185 |
assembly who are members of the same political party. | 186 |
(15) "Legislative campaign fund" means a fund that is | 187 |
established as an auxiliary of a state political party and | 188 |
associated with one of the houses of the general assembly. | 189 |
(16) "In-kind contribution" means anything of value other | 190 |
than money that is used to influence the results of an election or | 191 |
is transferred to or used in support of or in opposition to a | 192 |
candidate, campaign committee, legislative campaign fund, | 193 |
political party, political action committee, or political | 194 |
contributing entity and that is made with the consent of, in | 195 |
coordination, cooperation, or consultation with, or at the request | 196 |
or suggestion of the benefited candidate, committee, fund, party, | 197 |
or entity. The financing of the dissemination, distribution, or | 198 |
republication, in whole or part, of any broadcast or of any | 199 |
written, graphic, or other form of campaign materials prepared by | 200 |
the candidate, the candidate's campaign committee, or their | 201 |
authorized agents is an in-kind contribution to the candidate and | 202 |
an expenditure by the candidate. | 203 |
(17) "Independent expenditure" means an expenditure by a | 204 |
person advocating the election or defeat of an identified | 205 |
candidate or candidates, that is not made with the consent of, in | 206 |
coordination, cooperation, or consultation with, or at the request | 207 |
or suggestion of any candidate or candidates or of the campaign | 208 |
committee or agent of the candidate or candidates. As used in | 209 |
division (B)(17) of this section: | 210 |
(a) "Person" means an individual, partnership, unincorporated | 211 |
business organization or association, political action committee, | 212 |
political contributing entity, separate segregated fund, | 213 |
association, corporation, labor organization, or other | 214 |
organization or group of persons | 215 |
216 | |
217 |
(b) "Advocating" means any communication containing a message | 218 |
advocating election or defeat. | 219 |
(c) "Identified candidate" means that the name of the | 220 |
candidate appears, a photograph or drawing of the candidate | 221 |
appears, or the identity of the candidate is otherwise apparent by | 222 |
unambiguous reference. | 223 |
(d) "Made in coordination, cooperation, or consultation with, | 224 |
or at the request or suggestion of, any candidate or the campaign | 225 |
committee or agent of the candidate" means made pursuant to any | 226 |
arrangement, coordination, or direction by the candidate, the | 227 |
candidate's campaign committee, or the candidate's agent prior to | 228 |
the publication, distribution, display, or broadcast of the | 229 |
communication. An expenditure is presumed to be so made when it is | 230 |
any of the following: | 231 |
(i) Based on information about the candidate's plans, | 232 |
projects, or needs provided to the person making the expenditure | 233 |
by the candidate, or by the candidate's campaign committee or | 234 |
agent, with a view toward having an expenditure made; | 235 |
(ii) Made by or through any person who is, or has been, | 236 |
authorized to raise or expend funds, who is, or has been, an | 237 |
officer of the candidate's campaign committee, or who is, or has | 238 |
been, receiving any form of compensation or reimbursement from the | 239 |
candidate or the candidate's campaign committee or agent; | 240 |
(iii) Except as otherwise provided in division (D) of section | 241 |
3517.105 of the Revised Code, made by a political party in support | 242 |
of a candidate, unless the expenditure is made by a political | 243 |
party to conduct voter registration or voter education efforts. | 244 |
(e) "Agent" means any person who has actual oral or written | 245 |
authority, either express or implied, to make or to authorize the | 246 |
making of expenditures on behalf of a candidate, or means any | 247 |
person who has been placed in a position with the candidate's | 248 |
campaign committee or organization such that it would reasonably | 249 |
appear that in the ordinary course of campaign-related activities | 250 |
the person may authorize expenditures. | 251 |
(18) "Labor organization" means a labor union; an employee | 252 |
organization; a federation of labor unions, groups, locals, or | 253 |
other employee organizations; an auxiliary of a labor union, | 254 |
employee organization, or federation of labor unions, groups, | 255 |
locals, or other employee organizations; or any other bona fide | 256 |
organization in which employees participate and that exists for | 257 |
the purpose, in whole or in part, of dealing with employers | 258 |
concerning grievances, labor disputes, wages, hours, and other | 259 |
terms and conditions of employment. | 260 |
(19) "Separate segregated fund" means a separate segregated | 261 |
fund established pursuant to the Federal Election Campaign Act. | 262 |
(20) "Federal Election Campaign Act" means the "Federal | 263 |
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et | 264 |
seq., as amended. | 265 |
(21) "Restricted fund" means the fund a state or county | 266 |
political party must establish under division (A)(1) of section | 267 |
3517.1012 of the Revised Code. | 268 |
(22) "Electioneering communication" has the same meaning as | 269 |
in section 3517.1011 of the Revised Code. | 270 |
(23) "Express advocacy" means a communication that contains | 271 |
express words advocating the nomination, election, or defeat of a | 272 |
candidate or that contains express words advocating the adoption | 273 |
or defeat of a question or issue, as determined by a final | 274 |
judgment of a court of competent jurisdiction. | 275 |
(24) "Political committee" has the same meaning as in section | 276 |
3517.1011 of the Revised Code. | 277 |
(25) "Political contributing entity" means any entity, | 278 |
including a corporation or labor organization, that may lawfully | 279 |
make contributions and expenditures and that is not an individual | 280 |
or a political action committee, continuing association, campaign | 281 |
committee, political party, legislative campaign fund, designated | 282 |
state campaign committee, or state candidate fund. For purposes of | 283 |
this division, "lawfully" means not prohibited by any section of | 284 |
the Revised Code, or authorized by a final judgment of a court of | 285 |
competent jurisdiction. | 286 |
Sec. 3517.10. (A) Except as otherwise provided in this | 287 |
division, every campaign committee, political action committee, | 288 |
legislative campaign fund, political party, and political | 289 |
contributing entity that made or received a contribution or made | 290 |
an expenditure in connection with the nomination or election of | 291 |
any candidate or in connection with any ballot issue or question | 292 |
at any election held or to be held in this state shall file, on a | 293 |
form prescribed under this section or by electronic means of | 294 |
transmission as provided in this section and section | 295 |
3517.1016 of the Revised Code, a full, true, and itemized | 296 |
statement, made under penalty of election falsification, setting | 297 |
forth in detail the contributions and expenditures, not later than | 298 |
four p.m. of the following dates: | 299 |
(1) The twelfth day before the election to reflect | 300 |
contributions received and expenditures made from the close of | 301 |
business on the last day reflected in the last previously filed | 302 |
statement, if any, to the close of business on the twentieth day | 303 |
before the election; | 304 |
(2) The thirty-eighth day after the election to reflect the | 305 |
contributions received and expenditures made from the close of | 306 |
business on the last day reflected in the last previously filed | 307 |
statement, if any, to the close of business on the seventh day | 308 |
before the filing of the statement; | 309 |
(3) The last business day of January of every year to reflect | 310 |
the contributions received and expenditures made from the close of | 311 |
business on the last day reflected in the last previously filed | 312 |
statement, if any, to the close of business on the last day of | 313 |
December of the previous year; | 314 |
(4) The last business day of July of every year to reflect | 315 |
the contributions received and expenditures made from the close of | 316 |
business on the last day reflected in the last previously filed | 317 |
statement, if any, to the close of business on the last day of | 318 |
June of that year. | 319 |
A campaign committee shall only be required to file the | 320 |
statements prescribed under divisions (A)(1) and (2) of this | 321 |
section in connection with the nomination or election of the | 322 |
committee's candidate. | 323 |
The statement required under division (A)(1) of this section | 324 |
shall not be required of any campaign committee, political action | 325 |
committee, legislative campaign fund, political party, or | 326 |
political contributing entity that has received contributions of | 327 |
less than one thousand dollars and has made expenditures of less | 328 |
than one thousand dollars at the close of business on the | 329 |
twentieth day before the election. Those contributions and | 330 |
expenditures shall be reported in the statement required under | 331 |
division (A)(2) of this section. | 332 |
If an election to select candidates to appear on the general | 333 |
election ballot is held within sixty days before a general | 334 |
election, the campaign committee of a successful candidate in the | 335 |
earlier election may file the statement required by division | 336 |
(A)(1) of this section for the general election instead of the | 337 |
statement required by division (A)(2) of this section for the | 338 |
earlier election if the pregeneral election statement reflects the | 339 |
status of contributions and expenditures for the period twenty | 340 |
days before the earlier election to twenty days before the general | 341 |
election. | 342 |
If a person becomes a candidate less than twenty days before | 343 |
an election, the candidate's campaign committee is not required to | 344 |
file the statement required by division (A)(1) of this section. | 345 |
No statement under division (A)(3) of this section shall be | 346 |
required for any year in which a campaign committee, political | 347 |
action committee, legislative campaign fund, political party, or | 348 |
political contributing entity is required to file a postgeneral | 349 |
election statement under division (A)(2) of this section. However, | 350 |
a statement under division (A)(3) of this section may be filed, at | 351 |
the option of the campaign committee, political action committee, | 352 |
legislative campaign fund, political party, or political | 353 |
contributing entity. | 354 |
No campaign committee of a candidate for the office of chief | 355 |
justice or justice of the supreme court, and no campaign committee | 356 |
of a candidate for the office of judge of any court in this state, | 357 |
shall be required to file a statement under division (A)(4) of | 358 |
this section. | 359 |
Except as otherwise provided in this paragraph and in the | 360 |
next paragraph of this section, the only campaign committees | 361 |
required to file a statement under division (A)(4) of this section | 362 |
are the campaign committee of a statewide candidate and the | 363 |
campaign committee of a candidate for county office. The campaign | 364 |
committee of a candidate for any other nonjudicial office is | 365 |
required to file a statement under division (A)(4) of this section | 366 |
if that campaign committee receives, during that period, | 367 |
contributions exceeding ten thousand dollars. | 368 |
No statement under division (A)(4) of this section shall be | 369 |
required of a campaign committee, a political action committee, a | 370 |
legislative campaign fund, a political party, or a political | 371 |
contributing entity for any year in which the campaign committee, | 372 |
political action committee, legislative campaign fund, political | 373 |
party, or political contributing entity is required to file a | 374 |
postprimary election statement under division (A)(2) of this | 375 |
section. However, a statement under division (A)(4) of this | 376 |
section may be filed at the option of the campaign committee, | 377 |
political action committee, legislative campaign fund, political | 378 |
party, or political contributing entity. | 379 |
No statement under division (A)(3) or (4) of this section | 380 |
shall be required if the campaign committee, political action | 381 |
committee, legislative campaign fund, political party, or | 382 |
political contributing entity has no contributions that it has | 383 |
received and no expenditures that it has made since the last date | 384 |
reflected in its last previously filed statement. However, the | 385 |
campaign committee, political action committee, legislative | 386 |
campaign fund, political party, or political contributing entity | 387 |
shall file a statement to that effect, on a form prescribed under | 388 |
this section and made under penalty of election falsification, on | 389 |
the date required in division (A)(3) or (4) of this section, as | 390 |
applicable. | 391 |
The campaign committee of a statewide candidate shall file a | 392 |
monthly statement of contributions received during each of the | 393 |
months of July, August, and September in the year of the general | 394 |
election in which the candidate seeks office. The campaign | 395 |
committee of a statewide candidate shall file the monthly | 396 |
statement not later than three business days after the last day of | 397 |
the month covered by the statement. During the period beginning on | 398 |
the nineteenth day before the general election in which a | 399 |
statewide candidate seeks election to office and extending through | 400 |
the day of that general election, each time the campaign committee | 401 |
of the joint candidates for the offices of governor and lieutenant | 402 |
governor or of a candidate for the office of secretary of state, | 403 |
auditor of state, treasurer of state, or attorney general receives | 404 |
a contribution from a contributor that causes the aggregate amount | 405 |
of contributions received from that contributor during that period | 406 |
to equal or exceed ten thousand dollars and each time the campaign | 407 |
committee of a candidate for the office of chief justice or | 408 |
justice of the supreme court receives a contribution from a | 409 |
contributor that causes the aggregate amount of contributions | 410 |
received from that contributor during that period to exceed ten | 411 |
thousand dollars, the campaign committee shall file a | 412 |
two-business-day statement reflecting that contribution. During | 413 |
the period beginning on the nineteenth day before a primary | 414 |
election in which a candidate for statewide office seeks | 415 |
nomination to office and extending through the day of that primary | 416 |
election, each time either the campaign committee of a statewide | 417 |
candidate in that primary election that files a notice under | 418 |
division (C)(1) of section 3517.103 of the Revised Code or the | 419 |
campaign committee of a statewide candidate in that primary | 420 |
election to which, in accordance with division (D) of section | 421 |
3517.103 of the Revised Code, the contribution limitations | 422 |
prescribed in section 3517.102 of the Revised Code no longer apply | 423 |
receives a contribution from a contributor that causes the | 424 |
aggregate amount of contributions received from that contributor | 425 |
during that period to exceed ten thousand dollars, the campaign | 426 |
committee shall file a two-business-day statement reflecting that | 427 |
contribution. Contributions reported on a two-business-day | 428 |
statement required to be filed by a campaign committee of a | 429 |
statewide candidate in a primary election shall also be included | 430 |
in the postprimary election statement required to be filed by that | 431 |
campaign committee under division (A)(2) of this section. A | 432 |
two-business-day statement required by this paragraph shall be | 433 |
filed not later than two business days after receipt of the | 434 |
contribution. The statements required by this paragraph shall be | 435 |
filed in addition to any other statements required by this | 436 |
section. | 437 |
Subject to the secretary of state having implemented, tested, | 438 |
and verified the successful operation of any system the secretary | 439 |
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of | 440 |
this section and division (H)(1) of section | 441 |
the Revised Code for the filing of campaign finance statements by | 442 |
electronic means of transmission, a campaign committee of a | 443 |
statewide candidate shall file a two-business-day statement under | 444 |
the preceding paragraph by electronic means of transmission if the | 445 |
campaign committee is required to file a pre-election, | 446 |
postelection, or monthly statement of contributions and | 447 |
expenditures by electronic means of transmission under this | 448 |
section or section | 449 |
If a campaign committee or political action committee has no | 450 |
balance on hand and no outstanding obligations and desires to | 451 |
terminate itself, it shall file a statement to that effect, on a | 452 |
form prescribed under this section and made under penalty of | 453 |
election falsification, with the official with whom it files a | 454 |
statement under division (A) of this section after filing a final | 455 |
statement of contributions and a final statement of expenditures, | 456 |
if contributions have been received or expenditures made since the | 457 |
period reflected in its last previously filed statement. | 458 |
(B) Except as otherwise provided in division (C)(7) of this | 459 |
section, each statement required by division (A) of this section | 460 |
shall contain the following information: | 461 |
(1) The full name and address of each campaign committee, | 462 |
political action committee, legislative campaign fund, political | 463 |
party, or political contributing entity, including any treasurer | 464 |
of the committee, fund, party, or entity, filing a contribution | 465 |
and expenditure statement; | 466 |
(2)(a) In the case of a campaign committee, the candidate's | 467 |
full name and address; | 468 |
(b) In the case of a political action committee, the | 469 |
registration number assigned to the committee under division | 470 |
(D)(1) of this section. | 471 |
(3) The date of the election and whether it was or will be a | 472 |
general, primary, or special election; | 473 |
(4) A statement of contributions received, which shall | 474 |
include the following information: | 475 |
(a) The month, day, and year of the contribution; | 476 |
(b)(i) The full name and address of each person, political | 477 |
party, campaign committee, legislative campaign fund, political | 478 |
action committee, or political contributing entity from whom | 479 |
contributions are received and the registration number assigned to | 480 |
the political action committee under division (D)(1) of this | 481 |
section. The requirement of filing the full address does not apply | 482 |
to any statement filed by a state or local committee of a | 483 |
political party, to a finance committee of such committee, or to a | 484 |
committee recognized by a state or local committee as its | 485 |
fund-raising auxiliary. Notwithstanding division (F) of this | 486 |
section, the requirement of filing the full address shall be | 487 |
considered as being met if the address filed is the same address | 488 |
the contributor provided under division (E)(1) of this section. | 489 |
(ii) If a political action committee, political contributing | 490 |
entity, legislative campaign fund, or political party that is | 491 |
required to file campaign finance statements by electronic means | 492 |
of transmission under section | 493 |
Code or a campaign committee of a statewide candidate or candidate | 494 |
for the office of member of the general assembly receives a | 495 |
contribution from an individual that exceeds one hundred dollars, | 496 |
the name of the individual's current employer, if any, or, if the | 497 |
individual is self-employed, the individual's occupation and the | 498 |
name of the individual's business, if any; | 499 |
(iii) If a campaign committee of a statewide candidate or | 500 |
candidate for the office of member of the general assembly | 501 |
receives a contribution transmitted pursuant to section 3599.031 | 502 |
of the Revised Code from amounts deducted from the wages and | 503 |
salaries of two or more employees that exceeds in the aggregate | 504 |
one hundred dollars during any one filing period under division | 505 |
(A)(1), (2), (3), or (4) of this section, the full name of the | 506 |
employees' employer and the full name of the labor organization of | 507 |
which the employees are members, if any. | 508 |
(c) A description of the contribution received, if other than | 509 |
money; | 510 |
(d) The value in dollars and cents of the contribution; | 511 |
(e) A separately itemized account of all contributions and | 512 |
expenditures regardless of the amount, except a receipt of a | 513 |
contribution from a person in the sum of twenty-five dollars or | 514 |
less at one social or fund-raising activity and a receipt of a | 515 |
contribution transmitted pursuant to section 3599.031 of the | 516 |
Revised Code from amounts deducted from the wages and salaries of | 517 |
employees if the contribution from the amount deducted from the | 518 |
wages and salary of any one employee is twenty-five dollars or | 519 |
less aggregated in a calendar year. An account of the total | 520 |
contributions from each social or fund-raising activity shall | 521 |
include a description of and the value of each in-kind | 522 |
contribution received at that activity from any person who made | 523 |
one or more such contributions whose aggregate value exceeded two | 524 |
hundred fifty dollars and shall be listed separately, together | 525 |
with the expenses incurred and paid in connection with that | 526 |
activity. A campaign committee, political action committee, | 527 |
legislative campaign fund, political party, or political | 528 |
contributing entity shall keep records of contributions from each | 529 |
person in the amount of twenty-five dollars or less at one social | 530 |
or fund-raising activity and contributions from amounts deducted | 531 |
under section 3599.031 of the Revised Code from the wages and | 532 |
salary of each employee in the amount of twenty-five dollars or | 533 |
less aggregated in a calendar year. No continuing association that | 534 |
is recognized by a state or local committee of a political party | 535 |
as an auxiliary of the party and that makes a contribution from | 536 |
funds derived solely from regular dues paid by members of the | 537 |
auxiliary shall be required to list the name or address of any | 538 |
members who paid those dues. | 539 |
Contributions that are other income shall be itemized | 540 |
separately from all other contributions. The information required | 541 |
under division (B)(4) of this section shall be provided for all | 542 |
other income itemized. As used in this paragraph, "other income" | 543 |
means a loan, investment income, or interest income. | 544 |
(f) In the case of a campaign committee of a state elected | 545 |
officer, if a person doing business with the state elected officer | 546 |
in the officer's official capacity makes a contribution to the | 547 |
campaign committee of that officer, the information required under | 548 |
division (B)(4) of this section in regard to that contribution, | 549 |
which shall be filed together with and considered a part of the | 550 |
committee's statement of contributions as required under division | 551 |
(A) of this section but shall be filed on a separate form provided | 552 |
by the secretary of state. As used in this division: | 553 |
(i) "State elected officer" has the same meaning as in | 554 |
section 3517.092 of the Revised Code. | 555 |
(ii) "Person doing business" means a person or an officer of | 556 |
an entity who enters into one or more contracts with a state | 557 |
elected officer or anyone authorized to enter into contracts on | 558 |
behalf of that officer to receive payments for goods or services, | 559 |
if the payments total, in the aggregate, more than five thousand | 560 |
dollars during a calendar year. | 561 |
(5) A statement of expenditures which shall include the | 562 |
following information: | 563 |
(a) The month, day, and year of the expenditure; | 564 |
(b) The full name and address of each person, political | 565 |
party, campaign committee, legislative campaign fund, political | 566 |
action committee, or political contributing entity to whom the | 567 |
expenditure was made and the registration number assigned to the | 568 |
political action committee under division (D)(1) of this section; | 569 |
(c) The object or purpose for which the expenditure was made; | 570 |
(d) The amount of each expenditure. | 571 |
(C)(1) The statement of contributions and expenditures shall | 572 |
be signed by the person completing the form. If a statement of | 573 |
contributions and expenditures is filed by electronic means of | 574 |
transmission pursuant to this section or section | 575 |
3517.1016 of the Revised Code, the electronic signature of the | 576 |
person who executes the statement and transmits the statement by | 577 |
electronic means of transmission, as provided in division (H) of | 578 |
section | 579 |
to or associated with the statement and shall be binding on all | 580 |
persons and for all purposes under the campaign finance reporting | 581 |
law as if the signature had been handwritten in ink on a printed | 582 |
form. | 583 |
(2) The person filing the statement, under penalty of | 584 |
election falsification, shall include with it a list of each | 585 |
anonymous contribution, the circumstances under which it was | 586 |
received, and the reason it cannot be attributed to a specific | 587 |
donor. | 588 |
(3) Each statement of a campaign committee of a candidate who | 589 |
holds public office shall contain a designation of each | 590 |
contributor who is an employee in any unit or department under the | 591 |
candidate's direct supervision and control. In a space provided in | 592 |
the statement, the person filing the statement shall affirm that | 593 |
each such contribution was voluntarily made. | 594 |
(4) A campaign committee that did not receive contributions | 595 |
or make expenditures in connection with the nomination or election | 596 |
of its candidate shall file a statement to that effect, on a form | 597 |
prescribed under this section and made under penalty of election | 598 |
falsification, on the date required in division (A)(2) of this | 599 |
section. | 600 |
(5) The campaign committee of any person who attempts to | 601 |
become a candidate and who, for any reason, does not become | 602 |
certified in accordance with Title XXXV of the Revised Code for | 603 |
placement on the official ballot of a primary, general, or special | 604 |
election to be held in this state, and who, at any time prior to | 605 |
or after an election, receives contributions or makes | 606 |
expenditures, or has given consent for another to receive | 607 |
contributions or make expenditures, for the purpose of bringing | 608 |
about the person's nomination or election to public office, shall | 609 |
file the statement or statements prescribed by this section and a | 610 |
termination statement, if applicable. Division (C)(5) of this | 611 |
section does not apply to any person with respect to an election | 612 |
to the offices of member of a county or state central committee, | 613 |
presidential elector, or delegate to a national convention or | 614 |
conference of a political party. | 615 |
(6)(a) The statements required to be filed under this section | 616 |
shall specify the balance in the hands of the campaign committee, | 617 |
political action committee, legislative campaign fund, political | 618 |
party, or political contributing entity and the disposition | 619 |
intended to be made of that balance. | 620 |
(b) The secretary of state shall prescribe the form for all | 621 |
statements required to be filed under this section and shall | 622 |
furnish the forms to the boards of elections in the several | 623 |
counties. The boards of elections shall supply printed copies of | 624 |
those forms without charge. The secretary of state shall prescribe | 625 |
the appropriate methodology, protocol, and data file structure for | 626 |
statements required or permitted to be filed by electronic means | 627 |
of transmission under division (A) of this section, | 628 |
division (F) | 629 |
3517.1011, division (B) of section 3517.1012, division (C) of | 630 |
section 3517.1013, | 631 |
and divisions (E), (F), and (G) of section 3517.1016 of the | 632 |
Revised Code. Subject to division (A) of this section,
| 633 |
634 | |
section 3517.1011, division (B) of section 3517.1012, division (C) | 635 |
of section 3517.1013, | 636 |
3517.1014, and divisions (E), (F), and (G) of section 3517.1016 of | 637 |
the Revised Code, the statements required to be stored on computer | 638 |
by the secretary of state under division (B) of section | 639 |
3517.1016 of the Revised Code shall be filed in whatever format | 640 |
the secretary of state considers necessary to enable the secretary | 641 |
of state to store the information contained in the statements on | 642 |
computer. Any such format shall be of a type and nature that is | 643 |
readily available to whoever is required to file the statements in | 644 |
that format. | 645 |
(c) The secretary of state shall assess the need for training | 646 |
regarding the filing of campaign finance statements by electronic | 647 |
means of transmission and regarding associated technologies for | 648 |
candidates, campaign committees, political action committees, | 649 |
legislative campaign funds, political parties, or political | 650 |
contributing entities, for individuals, partnerships, | 651 |
corporations, labor organizations, or other entities, for persons | 652 |
making disbursements to pay the direct costs of producing or | 653 |
airing electioneering communications, or for treasurers of | 654 |
transition funds, required or permitted to file statements by | 655 |
electronic means of transmission under this section or section | 656 |
3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, | 657 |
or 3517.1016 of the Revised Code. If, in the opinion of the | 658 |
secretary of state, training in these areas is necessary, the | 659 |
secretary of state shall arrange for the provision of voluntary | 660 |
training programs for candidates, campaign committees, political | 661 |
action committees, legislative campaign funds, political parties, | 662 |
or political contributing entities, for individuals, partnerships, | 663 |
corporations, labor organizations, and other entities, for persons | 664 |
making disbursements to pay the direct costs of producing or | 665 |
airing electioneering communications, or for treasurers of | 666 |
transition funds, as appropriate. | 667 |
(7) Each monthly statement and each two-business-day | 668 |
statement required by division (A) of this section shall contain | 669 |
the information required by divisions (B)(1) to (4), (C)(2), and, | 670 |
if appropriate, (C)(3) of this section. Each statement shall be | 671 |
signed as required by division (C)(1) of this section. | 672 |
(D)(1) Prior to receiving a contribution or making an | 673 |
expenditure, every campaign committee, political action committee, | 674 |
legislative campaign fund, political party, or political | 675 |
contributing entity shall appoint a treasurer and shall file, on a | 676 |
form prescribed by the secretary of state, a designation of that | 677 |
appointment, including the full name and address of the treasurer | 678 |
and of the campaign committee, political action committee, | 679 |
legislative campaign fund, political party, or political | 680 |
contributing entity. That designation shall be filed with the | 681 |
official with whom the campaign committee, political action | 682 |
committee, legislative campaign fund, political party, or | 683 |
political contributing entity is required to file statements under | 684 |
section 3517.11 of the Revised Code. The name of a campaign | 685 |
committee shall include at least the last name of the campaign | 686 |
committee's candidate. If two or more candidates are the | 687 |
beneficiaries of a single campaign committee under division (B) of | 688 |
section 3517.081 of the Revised Code, the name of the campaign | 689 |
committee shall include at least the last name of each candidate | 690 |
who is a beneficiary of that campaign committee. The secretary of | 691 |
state shall assign a registration number to each political action | 692 |
committee that files a designation of the appointment of a | 693 |
treasurer under this division if the political action committee is | 694 |
required by division (A)(1) of section 3517.11 of the Revised Code | 695 |
to file the statements prescribed by this section with the | 696 |
secretary of state. | 697 |
(2) The treasurer appointed under division (D)(1) of this | 698 |
section shall keep a strict account of all contributions, from | 699 |
whom received and the purpose for which they were disbursed. | 700 |
(3)(a) Except as otherwise provided in section 3517.108 of | 701 |
the Revised Code, a campaign committee shall deposit all monetary | 702 |
contributions received by the committee into an account separate | 703 |
from a personal or business account of the candidate or campaign | 704 |
committee. | 705 |
(b) A political action committee shall deposit all monetary | 706 |
contributions received by the committee into an account separate | 707 |
from all other funds. | 708 |
(c) A state or county political party may establish a state | 709 |
candidate fund that is separate from an account that contains the | 710 |
public moneys received from the Ohio political party fund under | 711 |
section 3517.17 of the Revised Code and from all other funds. A | 712 |
state or county political party may deposit into its state | 713 |
candidate fund any amounts of monetary contributions that are made | 714 |
to or accepted by the political party subject to the applicable | 715 |
limitations, if any, prescribed in section 3517.102 of the Revised | 716 |
Code. A state or county political party shall deposit all other | 717 |
monetary contributions received by the party into one or more | 718 |
accounts that are separate from its state candidate fund and from | 719 |
its account that contains the public moneys received from the Ohio | 720 |
political party fund under section 3517.17 of the Revised Code. | 721 |
(d) Each state political party shall have only one | 722 |
legislative campaign fund for each house of the general assembly. | 723 |
Each such fund shall be separate from any other funds or accounts | 724 |
of that state party. A legislative campaign fund is authorized to | 725 |
receive contributions and make expenditures for the primary | 726 |
purpose of furthering the election of candidates who are members | 727 |
of that political party to the house of the general assembly with | 728 |
which that legislative campaign fund is associated. Each | 729 |
legislative campaign fund shall be administered and controlled in | 730 |
a manner designated by the caucus. As used in this division, | 731 |
"caucus" has the same meaning as in section 3517.01 of the Revised | 732 |
Code and includes, as an ex officio member, the chairperson of the | 733 |
state political party with which the caucus is associated or that | 734 |
chairperson's designee. | 735 |
(4) Every expenditure in excess of twenty-five dollars shall | 736 |
be vouched for by a receipted bill, stating the purpose of the | 737 |
expenditure, that shall be filed with the statement of | 738 |
expenditures. A canceled check with a notation of the purpose of | 739 |
the expenditure is a receipted bill for purposes of division | 740 |
(D)(4) of this section. | 741 |
(5) The secretary of state or the board of elections, as the | 742 |
case may be, shall issue a receipt for each statement filed under | 743 |
this section and shall preserve a copy of the receipt for a period | 744 |
of at least six years. All statements filed under this section | 745 |
shall be open to public inspection in the office where they are | 746 |
filed and shall be carefully preserved for a period of at least | 747 |
six years after the year in which they are filed. | 748 |
(6) The secretary of state, by rule adopted pursuant to | 749 |
section 3517.23 of the Revised Code, shall prescribe both of the | 750 |
following: | 751 |
(a) The manner of immediately acknowledging, with date and | 752 |
time received, and preserving the receipt of statements that are | 753 |
transmitted by electronic means of transmission to the secretary | 754 |
of state pursuant to this section or section 3517.106, 3517.1011, | 755 |
3517.1012, 3517.1013, | 756 |
Code; | 757 |
(b) The manner of preserving the contribution and | 758 |
expenditure, contribution and disbursement, deposit and | 759 |
disbursement, gift and disbursement, | 760 |
or contribution and independent expenditure information in the | 761 |
statements described in division (D)(6)(a) of this section. The | 762 |
secretary of state shall preserve the contribution and | 763 |
expenditure, contribution and disbursement, deposit and | 764 |
disbursement, gift and disbursement, | 765 |
or contribution and independent expenditure information in those | 766 |
statements for at least ten years after the year in which they are | 767 |
filed by electronic means of transmission. | 768 |
(7) The secretary of state, pursuant to division (I) of | 769 |
section | 770 |
available online to the public through the internet the | 771 |
contribution and expenditure, contribution and disbursement, | 772 |
deposit and disbursement, gift and disbursement, | 773 |
disbursement, or contribution and independent expenditure | 774 |
information in all statements, all addenda, amendments, or other | 775 |
corrections to statements, and all amended statements filed with | 776 |
the secretary of state by electronic or other means of | 777 |
transmission under this section, division (B)(2)(b) or (C)(2)(b) | 778 |
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012, | 779 |
3517.1013, 3517.1014, 3517.1016, or 3517.11 of the Revised Code. | 780 |
The secretary of state may remove the information from the | 781 |
internet after a reasonable period of time. | 782 |
(E)(1) Any person, political party, campaign committee, | 783 |
legislative campaign fund, political action committee, or | 784 |
political contributing entity that makes a contribution in | 785 |
connection with the nomination or election of any candidate or in | 786 |
connection with any ballot issue or question at any election held | 787 |
or to be held in this state shall provide its full name and | 788 |
address to the recipient of the contribution at the time the | 789 |
contribution is made. The political action committee also shall | 790 |
provide the registration number assigned to the committee under | 791 |
division (D)(1) of this section to the recipient of the | 792 |
contribution at the time the contribution is made. | 793 |
(2) Any individual who makes a contribution that exceeds one | 794 |
hundred dollars to a political action committee, political | 795 |
contributing entity, legislative campaign fund, or political party | 796 |
or to a campaign committee of a statewide candidate or candidate | 797 |
for the office of member of the general assembly shall provide the | 798 |
name of the individual's current employer, if any, or, if the | 799 |
individual is self-employed, the individual's occupation and the | 800 |
name of the individual's business, if any, to the recipient of the | 801 |
contribution at the time the contribution is made. Sections | 802 |
3599.39 and 3599.40 of the Revised Code do not apply to division | 803 |
(E)(2) of this section. | 804 |
(3) If a campaign committee shows that it has exercised its | 805 |
best efforts to obtain, maintain, and submit the information | 806 |
required under divisions (B)(4)(b)(ii) and (iii) of this section, | 807 |
that committee is considered to have met the requirements of those | 808 |
divisions. A campaign committee shall not be considered to have | 809 |
exercised its best efforts unless, in connection with written | 810 |
solicitations, it regularly includes a written request for the | 811 |
information required under division (B)(4)(b)(ii) of this section | 812 |
from the contributor or the information required under division | 813 |
(B)(4)(b)(iii) of this section from whoever transmits the | 814 |
contribution. | 815 |
(4) Any check that a political action committee uses to make | 816 |
a contribution or an expenditure shall contain the full name and | 817 |
address of the committee and the registration number assigned to | 818 |
the committee under division (D)(1) of this section. | 819 |
(F) As used in this section: | 820 |
(1)(a) Except as otherwise provided in division (F)(1) of | 821 |
this section, "address" means all of the following if they exist: | 822 |
apartment number, street, road, or highway name and number, rural | 823 |
delivery route number, city or village, state, and zip code as | 824 |
used in a person's post-office address, but not post-office box. | 825 |
(b) Except as otherwise provided in division (F)(1) of this | 826 |
section, if an address is required in this section, a post-office | 827 |
box and office, room, or suite number may be included in addition | 828 |
to, but not in lieu of, an apartment, street, road, or highway | 829 |
name and number. | 830 |
(c) If an address is required in this section, a campaign | 831 |
committee, political action committee, legislative campaign fund, | 832 |
political party, or political contributing entity may use the | 833 |
business or residence address of its treasurer or deputy | 834 |
treasurer. The post-office box number of the campaign committee, | 835 |
political action committee, legislative campaign fund, political | 836 |
party, or political contributing entity may be used in addition to | 837 |
that address. | 838 |
(d) For the sole purpose of a campaign committee's reporting | 839 |
of contributions on a statement of contributions received under | 840 |
division (B)(4) of this section, "address" has one of the | 841 |
following meanings at the option of the campaign committee: | 842 |
(i) The same meaning as in division (F)(1)(a) of this | 843 |
section; | 844 |
(ii) All of the following, if they exist: the contributor's | 845 |
post-office box number and city or village, state, and zip code as | 846 |
used in the contributor's post-office address. | 847 |
(e) As used with regard to the reporting under this section | 848 |
of any expenditure, "address" means all of the following if they | 849 |
exist: apartment number, street, road, or highway name and number, | 850 |
rural delivery route number, city or village, state, and zip code | 851 |
as used in a person's post-office address, or post-office box. If | 852 |
an address concerning any expenditure is required in this section, | 853 |
a campaign committee, political action committee, legislative | 854 |
campaign fund, political party, or political contributing entity | 855 |
may use the business or residence address of its treasurer or | 856 |
deputy treasurer or its post-office box number. | 857 |
(2) "Statewide candidate" means the joint candidates for the | 858 |
offices of governor and lieutenant governor or a candidate for the | 859 |
office of secretary of state, auditor of state, treasurer of | 860 |
state, attorney general, member of the state board of education, | 861 |
chief justice of the supreme court, or justice of the supreme | 862 |
court. | 863 |
(3) "Candidate for county office" means a candidate for the | 864 |
office of county auditor, county treasurer, clerk of the court of | 865 |
common pleas, judge of the court of common pleas, sheriff, county | 866 |
recorder, county engineer, county commissioner, prosecuting | 867 |
attorney, or coroner. | 868 |
(G) | 869 |
the Revised Code, an independent expenditure shall be reported | 870 |
whenever and in the same manner that an expenditure is required to | 871 |
be reported under this section and shall be reported pursuant to | 872 |
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised | 873 |
Code. | 874 |
(H)(1) Except as otherwise provided in division (H)(2) of | 875 |
this section, if, during the combined pre-election and | 876 |
postelection reporting periods for an election, a campaign | 877 |
committee has received contributions of five hundred dollars or | 878 |
less and has made expenditures in the total amount of five hundred | 879 |
dollars or less, it may file a statement to that effect, under | 880 |
penalty of election falsification, in lieu of the statement | 881 |
required by division (A)(2) of this section. The statement shall | 882 |
indicate the total amount of contributions received and the total | 883 |
amount of expenditures made during those combined reporting | 884 |
periods. | 885 |
(2) In the case of a successful candidate at a primary | 886 |
election, if either the total contributions received by or the | 887 |
total expenditures made by the candidate's campaign committee | 888 |
during the preprimary, postprimary, pregeneral, and postgeneral | 889 |
election periods combined equal more than five hundred dollars, | 890 |
the campaign committee may file the statement under division | 891 |
(H)(1) of this section only for the primary election. The first | 892 |
statement that the campaign committee files in regard to the | 893 |
general election shall reflect all contributions received and all | 894 |
expenditures made during the preprimary and postprimary election | 895 |
periods. | 896 |
(3) Divisions (H)(1) and (2) of this section do not apply if | 897 |
a campaign committee receives contributions or makes expenditures | 898 |
prior to the first day of January of the year of the election at | 899 |
which the candidate seeks nomination or election to office or if | 900 |
the campaign committee does not file a termination statement with | 901 |
its postprimary election statement in the case of an unsuccessful | 902 |
primary election candidate or with its postgeneral election | 903 |
statement in the case of other candidates. | 904 |
(I) In the case of a contribution made by a partner of a | 905 |
partnership or an owner or a member of another unincorporated | 906 |
business from any funds of the partnership or other unincorporated | 907 |
business, all of the following apply: | 908 |
(1) The recipient of the contribution shall report the | 909 |
contribution by listing both the partnership or other | 910 |
unincorporated business and the name of the partner, owner, or | 911 |
member making the contribution. | 912 |
(2) In reporting the contribution, the recipient of the | 913 |
contribution shall be entitled to conclusively rely upon the | 914 |
information provided by the partnership or other unincorporated | 915 |
business, provided that the information includes one of the | 916 |
following: | 917 |
(a) The name of each partner, owner, or member as of the date | 918 |
of the contribution or contributions, and a statement that the | 919 |
total contributions are to be allocated equally among all of the | 920 |
partners, owners, or members; or | 921 |
(b) The name of each partner, owner, or member as of the date | 922 |
of the contribution or contributions who is participating in the | 923 |
contribution or contributions, and a statement that the | 924 |
contribution or contributions are to be allocated to those | 925 |
individuals in accordance with the information provided by the | 926 |
partnership or other unincorporated business to the recipient of | 927 |
the contribution. | 928 |
(3) For purposes of section 3517.102 of the Revised Code, the | 929 |
contribution shall be considered to have been made by the partner, | 930 |
owner, or member reported under division (I)(1) of this section. | 931 |
(4) No contribution from a partner of a partnership or an | 932 |
owner or a member of another unincorporated business shall be | 933 |
accepted from any funds of the partnership or other unincorporated | 934 |
business unless the recipient reports the contribution under | 935 |
division (I)(1) of this section together with the information | 936 |
provided under division (I)(2) of this section. | 937 |
(5) No partnership or other unincorporated business shall | 938 |
make a contribution or contributions solely in the name of the | 939 |
partnership or other unincorporated business. | 940 |
(6) As used in division (I) of this section, "partnership or | 941 |
other unincorporated business" includes, but is not limited to, a | 942 |
cooperative, a sole proprietorship, a general partnership, a | 943 |
limited partnership, a limited partnership association, a limited | 944 |
liability partnership, and a limited liability company. | 945 |
(J) A candidate shall have only one campaign committee at any | 946 |
given time for all of the offices for which the person is a | 947 |
candidate or holds office. | 948 |
(K)(1) In addition to filing a designation of appointment of | 949 |
a treasurer under division (D)(1) of this section, the campaign | 950 |
committee of any candidate for an elected municipal office that | 951 |
pays an annual amount of compensation of five thousand dollars or | 952 |
less, the campaign committee of any candidate for member of a | 953 |
board of education except member of the state board of education, | 954 |
or the campaign committee of any candidate for township trustee or | 955 |
township fiscal officer may sign, under penalty of election | 956 |
falsification, a certificate attesting that the committee will not | 957 |
accept contributions during an election period that exceed in the | 958 |
aggregate two thousand dollars from all contributors and one | 959 |
hundred dollars from any one individual, and that the campaign | 960 |
committee will not make expenditures during an election period | 961 |
that exceed in the aggregate two thousand dollars. | 962 |
The certificate shall be on a form prescribed by the | 963 |
secretary of state and shall be filed not later than ten days | 964 |
after the candidate files a declaration of candidacy and petition, | 965 |
a nominating petition, or a declaration of intent to be a write-in | 966 |
candidate. | 967 |
(2) Except as otherwise provided in division (K)(3) of this | 968 |
section, a campaign committee that files a certificate under | 969 |
division (K)(1) of this section is not required to file the | 970 |
statements required by division (A) of this section. | 971 |
(3) If, after filing a certificate under division (K)(1) of | 972 |
this section, a campaign committee exceeds any of the limitations | 973 |
described in that division during an election period, the | 974 |
certificate is void and thereafter the campaign committee shall | 975 |
file the statements required by division (A) of this section. If | 976 |
the campaign committee has not previously filed a statement, then | 977 |
on the first statement the campaign committee is required to file | 978 |
under division (A) of this section after the committee's | 979 |
certificate is void, the committee shall report all contributions | 980 |
received and expenditures made from the time the candidate filed | 981 |
the candidate's declaration of candidacy and petition, nominating | 982 |
petition, or declaration of intent to be a write-in candidate. | 983 |
(4) As used in division (K) of this section, "election | 984 |
period" means the period of time beginning on the day a person | 985 |
files a declaration of candidacy and petition, nominating | 986 |
petition, or declaration of intent to be a write-in candidate | 987 |
through the day of the election at which the person seeks | 988 |
nomination to office if the person is not elected to office, or, | 989 |
if the candidate was nominated in a primary election, the day of | 990 |
the election at which the candidate seeks office. | 991 |
(L) A political contributing entity that receives | 992 |
contributions from the dues, membership fees, or other assessments | 993 |
of its members or from its officers, shareholders, and employees | 994 |
may report the aggregate amount of contributions received from | 995 |
those contributors and the number of individuals making those | 996 |
contributions, for each filing period under divisions (A)(1), (2), | 997 |
(3), and (4) of this section, rather than reporting information as | 998 |
required under division (B)(4) of this section, including, when | 999 |
applicable, the name of the current employer, if any, of a | 1000 |
contributor whose contribution exceeds one hundred dollars or, if | 1001 |
such a contributor is self-employed, the contributor's occupation | 1002 |
and the name of the contributor's business, if any. Division | 1003 |
(B)(4) of this section applies to a political contributing entity | 1004 |
with regard to contributions it receives from all other | 1005 |
contributors. | 1006 |
Sec. 3517.105. (A)(1) As used in this section, "public | 1007 |
political advertising" means advertising to the general public | 1008 |
through a broadcasting station, newspaper, magazine, poster, yard | 1009 |
sign, or outdoor advertising facility, by direct mail, or by any | 1010 |
other means of advertising to the general public. | 1011 |
(2) For purposes of this section and section 3517.20 of the | 1012 |
Revised Code, a person is a member of a political action committee | 1013 |
if the person makes one or more contributions to that political | 1014 |
action committee, and a person is a member of a political | 1015 |
contributing entity if the person makes one or more contributions | 1016 |
to, or pays dues, membership fees, or other assessments to, that | 1017 |
political contributing entity. | 1018 |
(B)(1) | 1019 |
whenever a candidate, a campaign committee, a political action | 1020 |
committee or political contributing entity with ten or more | 1021 |
members, or a legislative campaign fund makes an independent | 1022 |
expenditure, or whenever a political action committee or political | 1023 |
contributing entity with fewer than ten members makes an | 1024 |
independent expenditure in excess of one hundred dollars for a | 1025 |
local candidate, in excess of two hundred fifty dollars for a | 1026 |
candidate for the office of member of the general assembly, or in | 1027 |
excess of five hundred dollars for a statewide candidate, for the | 1028 |
purpose of financing communications advocating the election or | 1029 |
defeat of an identified candidate or solicits without the | 1030 |
candidate's express consent a contribution for or against an | 1031 |
identified candidate through public political advertising, a | 1032 |
statement shall appear or be presented in a clear and conspicuous | 1033 |
manner in the advertising that does both of the following: | 1034 |
(a) Clearly indicates that the communication or public | 1035 |
political advertising is not authorized by the candidate or the | 1036 |
candidate's campaign committee; | 1037 |
(b) Clearly identifies the candidate, campaign committee, | 1038 |
political action committee, political contributing entity, or | 1039 |
legislative campaign fund that has paid for the communication or | 1040 |
public political advertising in accordance with section 3517.20 of | 1041 |
the Revised Code. | 1042 |
(2)(a) | 1043 |
whenever any campaign committee, legislative campaign fund, | 1044 |
political action committee, political contributing entity, or | 1045 |
political party makes an independent expenditure in support of or | 1046 |
opposition to any candidate, the committee, entity, fund, or party | 1047 |
shall report the independent expenditure and identify the | 1048 |
candidate on a statement prescribed by the secretary of state and | 1049 |
filed by the committee, entity, fund, or party as part of its | 1050 |
statement of contributions and expenditures pursuant to division | 1051 |
(A) of section 3517.10 and division (A) of section 3517.11 of the | 1052 |
Revised Code. | 1053 |
(b) | 1054 |
whenever any individual, partnership, or other entity, except a | 1055 |
corporation, labor organization, campaign committee, legislative | 1056 |
campaign fund, political action committee, political contributing | 1057 |
entity, or political party, makes one or more independent | 1058 |
expenditures in support of or opposition to any candidate, the | 1059 |
individual, partnership, or other entity shall file with the | 1060 |
secretary of state in the case of a statewide candidate, or with | 1061 |
the board of elections in the county in which the candidate files | 1062 |
the candidate's petitions for nomination or election for district | 1063 |
or local office, not later than the dates specified in divisions | 1064 |
(A)(1), (2), (3), and (4) of section 3517.10 of the Revised Code, | 1065 |
and, except as otherwise provided in that section, a statement | 1066 |
itemizing all independent expenditures made during the period | 1067 |
since the close of business on the last day reflected in the last | 1068 |
previously filed such statement, if any. The statement shall be | 1069 |
made on a form prescribed by the secretary of state or shall be | 1070 |
filed by electronic means of transmission pursuant to division (G) | 1071 |
of section | 1072 |
required by that division. The statement shall indicate the date | 1073 |
and the amount of each independent expenditure and the candidate | 1074 |
on whose behalf it was made and shall be made under penalty of | 1075 |
election falsification. | 1076 |
(3) Divisions (B)(1) and (2) of this section do not apply to | 1077 |
independent expenditures in support of or opposition to a | 1078 |
candidate that are made by any of the following: | 1079 |
(a) A corporation; | 1080 |
(b) A labor organization; or | 1081 |
(c) A political action committee or other entity the primary | 1082 |
purpose of which is to accept corporate or labor organization | 1083 |
funds for use in making independent expenditures. | 1084 |
Independent expenditures in support of or opposition to a | 1085 |
candidate that are made by any of these entities are subject to | 1086 |
section 3517.106 of the Revised Code. | 1087 |
(C)(1) Whenever a corporation, labor organization, campaign | 1088 |
committee, political action committee with ten or more members, or | 1089 |
legislative campaign fund makes an independent expenditure, or | 1090 |
whenever a political action committee with fewer than ten members | 1091 |
makes an independent expenditure in excess of one hundred dollars | 1092 |
for a local ballot issue or question, or in excess of five hundred | 1093 |
dollars for a statewide ballot issue or question, for the purpose | 1094 |
of financing communications advocating support of or opposition to | 1095 |
an identified ballot issue or question or solicits without the | 1096 |
express consent of the ballot issue committee a contribution for | 1097 |
or against an identified ballot issue or question through public | 1098 |
political advertising, a statement shall appear or be presented in | 1099 |
a clear and conspicuous manner in the advertising that does both | 1100 |
of the following: | 1101 |
(a) Clearly indicates that the communication or public | 1102 |
political advertising is not authorized by the identified ballot | 1103 |
issue committee; | 1104 |
(b) Clearly identifies the corporation, labor organization, | 1105 |
campaign committee, legislative campaign fund, or political action | 1106 |
committee that has paid for the communication or public political | 1107 |
advertising in accordance with section 3517.20 of the Revised | 1108 |
Code. | 1109 |
(2)(a) Whenever any corporation, labor organization, campaign | 1110 |
committee, legislative campaign fund, political party, or | 1111 |
political action committee makes an independent expenditure in | 1112 |
support of or opposition to any ballot issue or question, the | 1113 |
corporation or labor organization shall report the independent | 1114 |
expenditure in accordance with division (C) of section 3599.03 of | 1115 |
the Revised Code, and the campaign committee, legislative campaign | 1116 |
fund, political party, or political action committee shall report | 1117 |
the independent expenditure and identify the ballot issue or | 1118 |
question on a statement prescribed by the secretary of state and | 1119 |
filed by the committee, fund, or party as part of its statement of | 1120 |
contributions and expenditures pursuant to division (A) of section | 1121 |
3517.10 and division (A) of section 3517.11 of the Revised Code. | 1122 |
(b) Whenever any individual, partnership, or other entity, | 1123 |
except a corporation, labor organization, campaign committee, | 1124 |
legislative campaign fund, political action committee, or | 1125 |
political party, makes one or more independent expenditures in | 1126 |
excess of one hundred dollars in support of or opposition to any | 1127 |
ballot issue or question, the individual, partnership, or other | 1128 |
entity shall file with the secretary of state in the case of a | 1129 |
statewide ballot issue or question, or with the board of elections | 1130 |
in the county that certifies the issue or question for placement | 1131 |
on the ballot in the case of a district or local issue or | 1132 |
question, not later than the dates specified in divisions (A)(1), | 1133 |
(2), (3), and (4) of section 3517.10 of the Revised Code, and, | 1134 |
except as otherwise provided in that section, a statement | 1135 |
itemizing all independent expenditures made during the period | 1136 |
since the close of business on the last day reflected in the last | 1137 |
previously filed such statement, if any. The statement shall be | 1138 |
made on a form prescribed by the secretary of state or shall be | 1139 |
filed by electronic means of transmission pursuant to division (G) | 1140 |
of section | 1141 |
required by that division. The statement shall indicate the date | 1142 |
and the amount of each independent expenditure and the ballot | 1143 |
issue or question in support of or opposition to which it was made | 1144 |
and shall be made under penalty of election falsification. | 1145 |
(3) No person, campaign committee, legislative campaign fund, | 1146 |
political action committee, corporation, labor organization, or | 1147 |
other organization or association shall use or cause to be used a | 1148 |
false or fictitious name in making an independent expenditure in | 1149 |
support of or opposition to any candidate or any ballot issue or | 1150 |
question. A name is false or fictitious if the person, campaign | 1151 |
committee, legislative campaign fund, political action committee, | 1152 |
corporation, labor organization, or other organization or | 1153 |
association does not actually exist or operate, if the | 1154 |
corporation, labor organization, or other organization or | 1155 |
association has failed to file a fictitious name or other | 1156 |
registration with the secretary of state, if it is required to do | 1157 |
so, or if the person, campaign committee, legislative campaign | 1158 |
fund, or political action committee has failed to file a | 1159 |
designation of the appointment of a treasurer, if it is required | 1160 |
to do so by division (D)(1) of section 3517.10 of the Revised | 1161 |
Code. | 1162 |
(D) Any expenditure by a political party for the purpose of | 1163 |
financing communications advocating the election or defeat of a | 1164 |
candidate for judicial office shall be deemed to be an independent | 1165 |
expenditure subject to the provisions of this section. | 1166 |
Sec. 3517.106. (A) This section applies to an independent | 1167 |
expenditure or a contemplated independent expenditure advocating | 1168 |
the election or defeat of an identified candidate or candidates by | 1169 |
any of the following: | 1170 |
(1) A corporation; | 1171 |
(2) A labor organization; | 1172 |
(3) A political action committee or other entity the primary | 1173 |
purpose of which is to accept corporate or labor organization | 1174 |
funds for use in making independent expenditures. | 1175 |
(B)(1) No corporation or labor organization that is involved | 1176 |
in a government function shall make an independent expenditure or | 1177 |
make a contribution for the purpose of making an independent | 1178 |
expenditure. A corporation or labor organization to which any of | 1179 |
the following applies is involved in a government function: | 1180 |
(a) The corporation is regulated under section 113.06, | 1181 |
135.105, 135.63, 340.03, 1702.39, 1702.41, 1702.49, 1713.03, | 1182 |
3301.16, 3313.603, 3313.612, 3319.39, 3319.391, 3319.392, 3506.05, | 1183 |
3701.071, 3702.51 to 3702.62, 4905.04, 4905.06, 4905.10, 4905.13 | 1184 |
to 4905.18, 4905.20, 4905.22, 4905.231, 4905.24, 4905.241, | 1185 |
4905.242, 4905.243, 4905.244, 4905.25, 4905.26, 4905.27, 4905.28, | 1186 |
4905.29, 4905.30, 4905.302, 4905.303, 4905.304, 4905.31, 4905.35 | 1187 |
to 4905.38, 4905.381, 4905.39, 4905.40 to 4905.48, 4905.49, | 1188 |
4905.50, 4905.51, 4905.52, 4905.54 to 4905.61, 4905.62, 4905.64, | 1189 |
4905.65, 4905.70, 4905.71, 4905.72 to 4905.75, 4905.79, 4905.80 to | 1190 |
4905.82, 4905.83, 4905.84, 4905.86, 4905.91 to 4905.95, 4905.96, | 1191 |
4905.99, 4906.20, 4906.97, 4906.98, 4906.99, 4909.04 to 4909.10, | 1192 |
4909.13, 4909.14, 4909.151 to 4909.156, 4909.16, 4909.161, | 1193 |
4909.171, 4909.172, 4909.20, 4909.21, 4909.22, 4909.23, 4909.24 to | 1194 |
4909.28, 4909.30 to 4909.32, 4909.33 to 4909.39, 4909.41, 4909.43, | 1195 |
4909.45, 4909.99, 4911.18, 4919.79, 4919.99, 4923.03, 4923.04, | 1196 |
4923.05, 4923.06, 4923.07, 4923.08, 4923.10, 4923.11, 4923.20, | 1197 |
4923.99, 4927.03, 4927.04, 4928.03, 4928.05, 4928.06, 4928.07, | 1198 |
4928.08, 4928.09, 4928.10, 4928.11, 4928.12, 4928.13, 4928.14, | 1199 |
4928.141, 4928.142, 4928.143, 4928.144, 4928.145, 4928.15, | 1200 |
4928.151, 4928.16, 4928.17, 4928.18, 4928.20, 4928.31, 4928.33, | 1201 |
4928.36, 4928.51, 4928.52, 4928.53, 4928.54, 4928.58, 4928.61, | 1202 |
4928.62, 4928.64, 4928.65, 4928.66, 4928.67, 4928.68, 4928.69, | 1203 |
4929.04, 4929.05, 4929.051, 4929.07, 4929.08, 4929.09, 4929.11, | 1204 |
4929.14, 4929.15, 4929.20, 4929.21, 4929.22, 4929.24, 4929.25, | 1205 |
4929.29, 4931.02, 4931.03, 4931.04, 4931.06, 4931.07, 4931.11, | 1206 |
4931.12, 4931.13, 4931.14, 4931.15, 4931.16, 4931.17, 4931.18, | 1207 |
4931.19, 4931.27, 4931.28, 4931.29, 4931.30, 4931.31, 4931.35, | 1208 |
4931.40 to 4931.49, 4931.50, 4931.51 to 4931.54, 4931.60, 4931.66, | 1209 |
4931.68, 4931.99, 4933.02 to 4933.06, 4933.08 to 4933.11, 4933.12, | 1210 |
4933.121, 4933.122, 4933.123, 4933.13 to 4933.15, 4933.151, | 1211 |
4933.16, 4933.17, 4933.25, 4933.28, 4933.32, 4933.33, 4933.81 to | 1212 |
4933.90, 4933.99, 4935.03, 4935.04, 4937.03, 4937.05, 4955.30, | 1213 |
4955.31, 4999.10, 5119.611, 5119.63, 5119.631, 5123.05, 5123.082, | 1214 |
5123.36, 5123.37, or 5725.18 of the Revised Code, Chapter 145., | 1215 |
742., 1101., 1103., 1105., 1107., 1109., 1111., 1113., 1115., | 1216 |
1117., 1119., 1121., 1123., 1125., 1127., 1133., 1151., 1153., | 1217 |
1155., 1157., 1161., 1163., 1165., 1513., 1514., 1561., 1563., | 1218 |
1565., 1567., 1571., 1739., 1751., 3307., 3309., 3332., 3712., | 1219 |
3721., 3727., 4903., 4907., 4921., 4939., 4951., 4953., 4955., | 1220 |
4957., 4959., 4961., 4963., 4965., 4967., 4969., 4971., 4973., | 1221 |
4999., 5111., 5505., or 5729. of the Revised Code, or Title XXXIX | 1222 |
of the Revised Code. | 1223 |
(b) The corporation or labor organization is in negotiations | 1224 |
for, has placed a bid upon, or is the recipient of a contract from | 1225 |
the state for the rendition of personal services or furnishing of | 1226 |
any material, supplies, or equipment to the state or any | 1227 |
department or agency of the state or for selling any land or | 1228 |
building to the state or any department or agency of the state, if | 1229 |
payment for the performance of the contract or payment for the | 1230 |
material, supplies, equipment, land, or building is to be made | 1231 |
wholly or partially from funds appropriated by the general | 1232 |
assembly, and the revenue the entity receives or will receive from | 1233 |
the state pursuant to that contract is or will be greater than or | 1234 |
equal to ten per cent of the entity's total annual revenue. | 1235 |
(c) The corporation or labor organization is the recipient or | 1236 |
beneficiary of grants, loans, or tax credits from the state with a | 1237 |
total value exceeding the greater of five per cent of the entity's | 1238 |
total annual revenue or two hundred fifty thousand dollars in a | 1239 |
fiscal year. | 1240 |
(2)(a) The department of administrative services shall | 1241 |
forward to the secretary of state, on a quarterly basis, any | 1242 |
listing that it maintains of corporations or labor organizations | 1243 |
that are current recipients of state contracts. | 1244 |
(b) The department of development shall forward to the | 1245 |
secretary of state, on a quarterly basis, any listing that it | 1246 |
maintains of corporations or labor organizations that are current | 1247 |
recipients of grants or loans from the state. | 1248 |
(c) The department of taxation shall forward to the secretary | 1249 |
of state, on a quarterly basis, any listing that it maintains of | 1250 |
corporations or labor organizations that receive or are the | 1251 |
beneficiaries of any state tax credit. | 1252 |
(C) No corporation to which any of the following apply shall | 1253 |
make an independent expenditure or make a contribution for the | 1254 |
purpose of making an independent expenditure: | 1255 |
(1) The corporation is organized under the laws of, or has | 1256 |
its principal place of business in, a foreign country. | 1257 |
(2) The number of shares of the corporation that are owned | 1258 |
directly or indirectly by foreign principals that are, or that are | 1259 |
located within, a single foreign country is equal to or greater | 1260 |
than twenty-five per cent of the total number of outstanding | 1261 |
shares of the corporation. | 1262 |
(3) One or more foreign principals have the power to direct, | 1263 |
dictate, or control the decision-making process of the corporation | 1264 |
with respect to its interests in the United States. | 1265 |
(4) One or more foreign principals have the power to direct, | 1266 |
dictate, or control the decision-making process of the corporation | 1267 |
with respect to its activities in connection with a federal, | 1268 |
state, or local election. | 1269 |
(D)(1) No corporation shall make an independent expenditure | 1270 |
or make a contribution for the purpose of making an independent | 1271 |
expenditure unless the corporation has done both of the following: | 1272 |
(a) Conducted a vote of a majority of the board of directors | 1273 |
approving the specific independent expenditure or contribution in | 1274 |
advance; and | 1275 |
(b) Filed a statement with the secretary of state specifying | 1276 |
that the corporation has conducted the required vote and received | 1277 |
support from its board of directors to make the independent | 1278 |
expenditure or contribution. | 1279 |
(2) No labor organization shall make an independent | 1280 |
expenditure or make a contribution for the purpose of making an | 1281 |
independent expenditure unless the labor organization has done | 1282 |
both of the following: | 1283 |
(a) Conducted a vote of a majority of the members of its | 1284 |
board of directors or other governing board approving the specific | 1285 |
independent expenditure or contribution in advance; and | 1286 |
(b) Filed a statement with the secretary of state specifying | 1287 |
that the labor organization has conducted the required vote and | 1288 |
received support from its board of directors or other governing | 1289 |
board to make the independent expenditure or contribution. | 1290 |
(3) The secretary of state shall specify the form of the | 1291 |
statements required to be filed under divisions (D)(1) and (2) of | 1292 |
this section. | 1293 |
(E)(1) Notwithstanding any provision of section 3517.20 of | 1294 |
the Revised Code to the contrary, no corporation, labor | 1295 |
organization, political action committee, or other entity that is | 1296 |
subject to this section shall make an independent expenditure to | 1297 |
pay the costs of public political advertising unless the | 1298 |
advertising includes the following statement: | 1299 |
"This advertisement was paid for by (name of corporation, | 1300 |
labor organization, political action committee, or other entity | 1301 |
paying for the advertising), whose funders include (the names of | 1302 |
the five persons who provided the largest amount of funding to the | 1303 |
paying entity for any purpose during the twelve-month period | 1304 |
ending on the date that the entity paid for the advertising or, if | 1305 |
the paying entity is a labor organization, the names of the five | 1306 |
persons who provided the largest donations exceeding five thousand | 1307 |
dollars to the labor organization during the twelve-month period | 1308 |
ending on the date that the labor organization paid for the | 1309 |
advertising). For a list of contributors, go to (internet web site | 1310 |
address of the organization)." | 1311 |
(2) If the public political advertising is transmitted | 1312 |
through radio, the disclosure statement required under division | 1313 |
(E)(1) of this section shall be made by audio in a clearly spoken | 1314 |
manner. | 1315 |
(3) If the public political advertising is transmitted | 1316 |
through television, the disclosure statement required under | 1317 |
division (E)(1) of this section shall be conveyed by an | 1318 |
unobscured, full-screen view of a representative of the | 1319 |
organization, or by a representative of the organization, making | 1320 |
the statement in voice-over. The statement, together with clearly | 1321 |
readable logos of the organization and each contributor identified | 1322 |
in the disclosure statement, if any, also shall appear in writing | 1323 |
at the end of the communication in a clearly readable manner with | 1324 |
a reasonable degree of color contrast between the background and | 1325 |
the printed statement and logos, for a period of at least four | 1326 |
seconds. | 1327 |
(4)(a) Each corporation, political action committee, or other | 1328 |
entity except a labor organization that makes an independent | 1329 |
expenditure to pay the costs of public political advertising under | 1330 |
this section shall make available on a public internet web site a | 1331 |
full list of persons who provided funding to the entity for any | 1332 |
purpose during the twelve-month period ending on the date that the | 1333 |
entity paid for the advertising. | 1334 |
(b) Each labor organization that makes an independent | 1335 |
expenditure to pay the costs of public political advertising under | 1336 |
this section shall make available on a public internet web site a | 1337 |
full list of persons who provided donations exceeding five | 1338 |
thousand dollars to the labor organization during the twelve-month | 1339 |
period ending on the date that the labor organization paid for the | 1340 |
advertising. | 1341 |
(F)(1)(a) Each corporation or labor organization that makes a | 1342 |
contribution to a political action committee, or other entity the | 1343 |
primary purpose of which is to accept corporate or labor | 1344 |
organization funds for use in making independent expenditures | 1345 |
shall report that contribution in accordance with division (F)(2) | 1346 |
of this section. | 1347 |
(b) Each political action committee or other entity the | 1348 |
primary purpose of which is to accept corporate or labor | 1349 |
organization funds for use in making independent expenditures that | 1350 |
receives a contribution from a corporation or labor organization | 1351 |
shall report that contribution in accordance with division (F)(2) | 1352 |
of this section. | 1353 |
(c) Each corporation or labor organization, and each | 1354 |
political action committee or other entity the primary purpose of | 1355 |
which is to accept corporate or labor organization funds for use | 1356 |
in making independent expenditures, that makes one or more | 1357 |
independent expenditures shall report that independent expenditure | 1358 |
in accordance with division (F)(2) of this section. | 1359 |
(2) Each entity required to report a contribution or | 1360 |
independent expenditure under division (F)(1) of this section | 1361 |
shall file a contribution and independent expenditure statement | 1362 |
not later than the dates specified in divisions (A)(1), (2), (3), | 1363 |
and (4) of section 3517.10 of the Revised Code, except that a | 1364 |
corporation or labor organization shall file the statement within | 1365 |
seven days after the contribution is made or accepted or the | 1366 |
independent expenditure is made for a contribution made or | 1367 |
accepted or an independent expenditure made during the one hundred | 1368 |
twenty days preceding the date of a primary or general election. A | 1369 |
contribution and independent expenditure statement filed under | 1370 |
this division shall contain the following information: | 1371 |
(a) A statement of contributions made or accepted, which | 1372 |
shall include all the following: | 1373 |
(i) The month, day, and year that the corporation or labor | 1374 |
organization made the contribution or contributions; | 1375 |
(ii) The full name and address of the corporation or labor | 1376 |
organization that made the contribution; | 1377 |
(iii) A description of the contribution, if other than money; | 1378 |
(iv) The value in dollars and cents of the contribution. | 1379 |
(b) A statement of independent expenditures made, which shall | 1380 |
include all of the following: | 1381 |
(i) The full name and address of the entity making the | 1382 |
independent expenditure, of any person sharing or exercising | 1383 |
direction or control over the activities of that entity, and of | 1384 |
the custodian of the books and accounts of that entity; | 1385 |
(ii) The principal place of business of the entity making the | 1386 |
independent expenditure; | 1387 |
(iii) The amount of the independent expenditure, the identity | 1388 |
of the person to whom the independent expenditure was made, and | 1389 |
the type of activities or public political advertising being paid | 1390 |
for with the independent expenditure; | 1391 |
(iv) The original source of the contributions used by the | 1392 |
entity to make the independent expenditure; and | 1393 |
(v) The nominations or elections to which the independent | 1394 |
expenditures pertain and the names, if known, of the candidates | 1395 |
identified or to be identified. | 1396 |
(c) A statement of government functions, which shall include | 1397 |
all of the following, if applicable: | 1398 |
(i) The amount of annual revenue the entity receives from the | 1399 |
state pursuant to any contract the entity receives from the state; | 1400 |
(ii) The entity's total annual revenue; | 1401 |
(iii) Any grants, loans, or tax credits that the entity | 1402 |
receives from the state, and the value of those grants, loans, and | 1403 |
tax credits. | 1404 |
(d) A statement that the contributions or independent | 1405 |
expenditures identified under divisions (F)(2)(a) and (b) of this | 1406 |
section were made in accordance with the requirements of this | 1407 |
section. | 1408 |
(3) Subject to the secretary of state having implemented, | 1409 |
tested, and verified the successful operation of any system the | 1410 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 1411 |
(D)(6) of section 3517.10 and division (H)(1) of section 3517.1016 | 1412 |
of the Revised Code for the filing of campaign finance statements | 1413 |
by electronic means of transmission, a person shall file the | 1414 |
contribution and independent expenditure statement prescribed | 1415 |
under division (F)(2) of this section by electronic means of | 1416 |
transmission to the office of the secretary of state. | 1417 |
Within five business days after the secretary of state | 1418 |
receives a contribution and independent expenditure statement | 1419 |
under this division, the secretary of state shall make available | 1420 |
online to the public through the internet, as provided in division | 1421 |
(I) of section 3517.1016 of the Revised Code, the contribution and | 1422 |
independent expenditure information in that statement. | 1423 |
If a filed contribution and independent expenditure statement | 1424 |
is found to be incomplete or inaccurate after its examination for | 1425 |
completeness and accuracy under division (B)(3)(a) of section | 1426 |
3517.11 of the Revised Code, the entity shall file by electronic | 1427 |
means of transmission to the office of the secretary of state any | 1428 |
addendum, amendment, or other correction to the statement that | 1429 |
provides the information necessary to complete or correct the | 1430 |
statement or, if required by the secretary of state under that | 1431 |
division, an amended statement. | 1432 |
Within five business days after the secretary of state | 1433 |
receives an addendum, amendment, or other correction to a | 1434 |
contribution and independent expenditure statement or an amended | 1435 |
statement by electronic means of transmission under this division | 1436 |
or division (B)(3)(a) of section 3517.11 of the Revised Code, the | 1437 |
secretary of state shall make the contribution and independent | 1438 |
expenditure information in the addendum, amendment, or other | 1439 |
correction to the statement or amended statement available online | 1440 |
to the public through the internet as provided in division (I) of | 1441 |
section 3517.1016 of the Revised Code. | 1442 |
(G) Any corporation or labor organization that makes a | 1443 |
contribution under this section shall provide the full name and | 1444 |
address of the corporation or labor organization to the recipient | 1445 |
of the contribution at the time the contribution is made. | 1446 |
(H) A corporation that makes a contribution or independent | 1447 |
expenditure under this section shall include the information that | 1448 |
the corporation is required to report to the secretary of state | 1449 |
under division (F)(2) of this section regarding that contribution | 1450 |
or independent expenditure in the information that the corporation | 1451 |
is required to report and make available to its shareholders under | 1452 |
the state or federal securities law, as applicable, at least once | 1453 |
per year. | 1454 |
(I) As used in this section: | 1455 |
(1) "Contribution" means any loan, gift, deposit, forgiveness | 1456 |
of indebtedness, donation, advance, payment, or transfer of funds | 1457 |
or of anything of value from a corporation or labor organization | 1458 |
to a political action committee or other entity for the purpose of | 1459 |
making independent expenditures. | 1460 |
(2) "Foreign principal" includes all of the following: | 1461 |
(a) A government of a foreign country and a foreign political | 1462 |
party; | 1463 |
(b) A person outside of the United States, unless it is | 1464 |
established that the person is an individual and a citizen of and | 1465 |
domiciled within the United States, or that the person is not an | 1466 |
individual and is organized under or created by the laws of the | 1467 |
United States or of any state or other place subject to the | 1468 |
jurisdiction of the United States and has its principal place of | 1469 |
business within the United States; and | 1470 |
(c) A partnership, association, corporation, organization, or | 1471 |
other combination of persons organized under the laws of or having | 1472 |
its principal place of business in a foreign country. | 1473 |
(3) "Public political advertising" has the same meaning as in | 1474 |
section 3517.105 of the Revised Code. | 1475 |
(J) If any provision of this section or the application | 1476 |
thereof to any person or circumstance is held invalid, the | 1477 |
invalidity does not affect other provisions or applications of | 1478 |
this section or related sections that can be given effect without | 1479 |
the invalid provision or application, and to this end the | 1480 |
provisions are severable. | 1481 |
Sec. 3517.1011. (A) As used in this section: | 1482 |
(1) "Address" has the same meaning as in section 3517.10 of | 1483 |
the Revised Code. | 1484 |
(2) "Broadcast, cable, or satellite communication" means a | 1485 |
communication that is publicly distributed by a television | 1486 |
station, radio station, cable television system, or satellite | 1487 |
system. | 1488 |
(3) "Candidate" has the same meaning as in section 3501.01 of | 1489 |
the Revised Code | 1490 |
(4) "Contribution" means any loan, gift, deposit, forgiveness | 1491 |
of indebtedness, donation, advance, payment, or transfer of funds | 1492 |
or of anything of value, including a transfer of funds from an | 1493 |
inter vivos or testamentary trust or decedent's estate, and the | 1494 |
payment by any person other than the person to whom the services | 1495 |
are rendered for the personal services of another person, that is | 1496 |
made, received, or used to pay the direct costs of producing or | 1497 |
airing electioneering communications. | 1498 |
(5)(a) "Coordinated electioneering communication" means any | 1499 |
electioneering communication that is made pursuant to any | 1500 |
arrangement, coordination, or direction by a candidate or a | 1501 |
candidate's campaign committee, by an officer, agent, employee, or | 1502 |
consultant of a candidate or a candidate's campaign committee, or | 1503 |
by a former officer, former agent, former employee, or former | 1504 |
consultant of a candidate or a candidate's campaign committee | 1505 |
prior to the airing, broadcasting, or cablecasting of the | 1506 |
communication. An electioneering communication is presumed to be a | 1507 |
"coordinated electioneering communication" when it is either of | 1508 |
the following: | 1509 |
(i) Based on information about a candidate's plans, projects, | 1510 |
or needs provided to the person making the disbursement by the | 1511 |
candidate or the candidate's campaign committee, by an officer, | 1512 |
agent, employee, or consultant of the candidate or the candidate's | 1513 |
campaign committee, or by a former officer, former agent, former | 1514 |
employee, or former consultant of the candidate or the candidate's | 1515 |
campaign committee, with a view toward having the communication | 1516 |
made; | 1517 |
(ii) Made by or through any person who is, or has been, | 1518 |
authorized to raise or expend funds on behalf of a candidate or | 1519 |
the candidate's campaign committee, who is, or has been, an | 1520 |
officer, agent, employee, or consultant of the candidate or of the | 1521 |
candidate's campaign committee, or who is, or has been, receiving | 1522 |
any form of compensation or reimbursement from the candidate or | 1523 |
the candidate's campaign committee or from an officer, agent, | 1524 |
employee, or consultant of the candidate or of the candidate's | 1525 |
campaign committee. | 1526 |
(b) An electioneering communication shall not be presumed to | 1527 |
be a "coordinated electioneering communication" under division | 1528 |
(A)(5)(a)(ii) of this section if the communication is made through | 1529 |
any person who provides a service that does not affect the content | 1530 |
of the communication, such as communications placed through the | 1531 |
efforts of a media buyer, unless that person also affects the | 1532 |
content of the communication. | 1533 |
(6) "Disclosure date" means both of the following: | 1534 |
(a) The first date during any calendar year by which a person | 1535 |
makes disbursements for the direct costs of producing or airing | 1536 |
electioneering communications aggregating in excess of ten | 1537 |
thousand dollars; | 1538 |
(b) The same day of the week of each remaining week in the | 1539 |
same calendar year as the day of the week of the initial | 1540 |
disclosure date established under division (A)(6)(a) of this | 1541 |
section, if, during that remaining week, the person makes | 1542 |
disbursements for the direct costs of producing or airing | 1543 |
electioneering communications aggregating in excess of one dollar. | 1544 |
(7)(a) "Electioneering communication" means any broadcast, | 1545 |
cable, or satellite communication that refers to a clearly | 1546 |
identified candidate and that is made during either of the | 1547 |
following periods of time: | 1548 |
(i) If the person becomes a candidate before the day of the | 1549 |
primary election at which candidates will be nominated for | 1550 |
election to that office, between the date that the person becomes | 1551 |
a candidate and the thirtieth day prior to that primary election, | 1552 |
and between the date of the primary election and the thirtieth day | 1553 |
prior to the general election at which a candidate will be elected | 1554 |
to that office; | 1555 |
(ii) If the person becomes a candidate after the day of the | 1556 |
primary election at which candidates were nominated for election | 1557 |
to that office, between the date of the primary election and the | 1558 |
thirtieth day prior to the general election at which a candidate | 1559 |
will be elected to that office. | 1560 |
(b) "Electioneering communication" does not include any of | 1561 |
the following: | 1562 |
(i) A communication that is publicly disseminated through a | 1563 |
means of communication other than a broadcast, cable, or satellite | 1564 |
television or radio station. For example, "electioneering | 1565 |
communication" does not include communications appearing in print | 1566 |
media, including a newspaper or magazine, handbill, brochure, | 1567 |
bumper sticker, yard sign, poster, billboard, and other written | 1568 |
materials, including mailings; communications over the internet, | 1569 |
including electronic mail; or telephone communications. | 1570 |
(ii) A communication that appears in a news story, | 1571 |
commentary, public service announcement, bona fide news | 1572 |
programming, or editorial distributed through the facilities of | 1573 |
any broadcast, cable, or satellite television or radio station, | 1574 |
unless those facilities are owned or controlled by any political | 1575 |
party, political committee, or candidate; | 1576 |
(iii) A communication that constitutes an expenditure or an | 1577 |
independent expenditure under section 3517.01 of the Revised Code; | 1578 |
(iv) A communication that constitutes a candidate debate or | 1579 |
forum or that solely promotes a candidate debate or forum and is | 1580 |
made by or on behalf of the person sponsoring the debate or forum. | 1581 |
(8) "Filing date" has the same meaning as in section 3517.109 | 1582 |
of the Revised Code. | 1583 |
(9) "Immigration and Nationality Act" means the Immigration | 1584 |
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., | 1585 |
as amended. | 1586 |
(10) "Person" has the same meaning as in section 1.59 of the | 1587 |
Revised Code and includes any political organization considered | 1588 |
exempt from income taxation under section 527 of the Internal | 1589 |
Revenue Code. | 1590 |
(11) "Political committee" means any of the following: | 1591 |
(a) Any committee, club, association, or other group of | 1592 |
persons that receives contributions aggregating in excess of one | 1593 |
thousand dollars during a calendar year or that makes expenditures | 1594 |
aggregating in excess of one thousand dollars during a calendar | 1595 |
year; | 1596 |
(b) Any separate segregated fund; | 1597 |
(c) Any state, county, or local committee of a political | 1598 |
party that does any of the following: | 1599 |
(i) Receives contributions aggregating in excess of five | 1600 |
thousand dollars during a calendar year; | 1601 |
(ii) Makes payments that do not constitute contributions or | 1602 |
expenditures aggregating in excess of five thousand dollars during | 1603 |
a calendar year; | 1604 |
(iii) Makes contributions or expenditures aggregating in | 1605 |
excess of one thousand dollars during a calendar year. | 1606 |
(12) "Publicly distributed" means aired, broadcast, | 1607 |
cablecast, or otherwise disseminated for a fee. | 1608 |
(13) "Refers to a clearly identified candidate" means that | 1609 |
the candidate's name, nickname, photograph, or drawing appears, or | 1610 |
the identity of the candidate is otherwise apparent through an | 1611 |
unambiguous reference to the person such as "the chief justice," | 1612 |
"the governor," "member of the Ohio senate," "member of the Ohio | 1613 |
house of representatives," "county auditor," "mayor," or "township | 1614 |
trustee" or through an unambiguous reference to the person's | 1615 |
status as a candidate. | 1616 |
(B) For the purposes of this section, a person shall be | 1617 |
considered to have made a disbursement if the person has entered | 1618 |
into a contract to make the disbursement. | 1619 |
(C) Any person intending to make a disbursement or | 1620 |
disbursements for the direct costs of producing or airing | 1621 |
electioneering communications, prior to making the first | 1622 |
disbursement for the direct costs of producing or airing an | 1623 |
electioneering communication, shall file a notice with the office | 1624 |
of the secretary of state that the person is intending to make | 1625 |
such disbursements. | 1626 |
(D)(1) Every person that makes a disbursement or | 1627 |
disbursements for the direct costs of producing and airing | 1628 |
electioneering communications aggregating in excess of ten | 1629 |
thousand dollars during any calendar year shall file, within | 1630 |
twenty-four hours of each disclosure date, a disclosure of | 1631 |
electioneering communications statement containing the following | 1632 |
information: | 1633 |
(a) The full name and address of the person making the | 1634 |
disbursement, of any person sharing or exercising direction or | 1635 |
control over the activities of the person making the disbursement, | 1636 |
and of the custodian of the books and accounts of the person | 1637 |
making the disbursement; | 1638 |
(b) The principal place of business of the person making the | 1639 |
disbursement, if not an individual; | 1640 |
(c) The amount of each disbursement of more than one dollar | 1641 |
during the period covered by the statement and the identity of the | 1642 |
person to whom the disbursement was made; | 1643 |
(d) The nominations or elections to which the electioneering | 1644 |
communications pertain and the names, if known, of the candidates | 1645 |
identified or to be identified; | 1646 |
(e) If the disbursements were paid out of a segregated bank | 1647 |
account that consists of funds contributed solely by individuals | 1648 |
who are United States citizens or nationals or lawfully admitted | 1649 |
for permanent residence as defined in section 101(a)(20) of the | 1650 |
Immigration and Nationality Act directly to the account for | 1651 |
electioneering communications, the information specified in | 1652 |
division (D)(2) of this section for all contributors who | 1653 |
contributed an aggregate amount of two hundred dollars or more to | 1654 |
the segregated bank account and whose contributions were used for | 1655 |
making the disbursement or disbursements required to be reported | 1656 |
under division (D) of this section during the period covered by | 1657 |
the statement. Nothing in this division prohibits or shall be | 1658 |
construed to prohibit the use of funds in such a segregated bank | 1659 |
account for a purpose other than electioneering communications. | 1660 |
(f) If the disbursements were paid out of funds not described | 1661 |
in division (D)(1)(e) of this section, the information specified | 1662 |
in division (D)(2) of this section for all contributors who | 1663 |
contributed an aggregate amount of two hundred dollars or more to | 1664 |
the person making the disbursement and whose contributions were | 1665 |
used for making the disbursement or disbursements required to be | 1666 |
reported under division (D) of this section during the period | 1667 |
covered by the statement. | 1668 |
(2) For each contributor for which information is required to | 1669 |
be reported under division (D)(1)(e) or (f) of this section, all | 1670 |
of the following shall be reported: | 1671 |
(a) The month, day, and year that the contributor made the | 1672 |
contribution or contributions aggregating two hundred dollars or | 1673 |
more; | 1674 |
(b)(i) The full name and address of the contributor, and, if | 1675 |
the contributor is a political action committee, the registration | 1676 |
number assigned to the political action committee under division | 1677 |
(D)(1) of section 3517.10 of the Revised Code; | 1678 |
(ii) If the contributor is an individual, the name of the | 1679 |
individual's current employer, if any, or, if the individual is | 1680 |
self-employed, the individual's occupation and the name of the | 1681 |
individual's business, if any; | 1682 |
(iii) If the contribution is transmitted pursuant to section | 1683 |
3599.031 of the Revised Code from amounts deducted from the wages | 1684 |
and salaries of two or more employees that exceed in the aggregate | 1685 |
one hundred dollars during the period specified in division | 1686 |
(D)(1)(e) or (f) of this section, as applicable, the full name of | 1687 |
the employees' employer and the full name of the labor | 1688 |
organization of which the employees are members, if any. | 1689 |
(c) A description of the contribution, if other than money; | 1690 |
(d) The value in dollars and cents of the contribution. | 1691 |
(3) Subject to the secretary of state having implemented, | 1692 |
tested, and verified the successful operation of any system the | 1693 |
secretary of state prescribes pursuant to divisions (C)(6)(b) and | 1694 |
(D)(6) of section 3517.10 and division (H)(1) of section | 1695 |
3517.1015 of the Revised Code for the filing of campaign finance | 1696 |
statements by electronic means of transmission, a person shall | 1697 |
file the disclosure of electioneering communications statement | 1698 |
prescribed under divisions (D)(1) and (2) of this section by | 1699 |
electronic means of transmission to the office of the secretary of | 1700 |
state. | 1701 |
Within five business days after the secretary of state | 1702 |
receives a disclosure of electioneering communications statement | 1703 |
under this division, the secretary of state shall make available | 1704 |
online to the public through the internet, as provided in division | 1705 |
(I) of section | 1706 |
contribution and disbursement information in that statement. | 1707 |
If a filed disclosure of electioneering communications | 1708 |
statement is found to be incomplete or inaccurate after its | 1709 |
examination for completeness and accuracy pursuant to division | 1710 |
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall | 1711 |
file by electronic means of transmission to the office of the | 1712 |
secretary of state any addendum, amendment, or other correction to | 1713 |
the statement that provides the information necessary to complete | 1714 |
or correct the statement or, if required by the secretary of state | 1715 |
under that division, an amended statement. | 1716 |
Within five business days after the secretary of state | 1717 |
receives an addendum, amendment, or other correction to a | 1718 |
disclosure of electioneering communications statement or an | 1719 |
amended statement by electronic means of transmission under this | 1720 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 1721 |
Code, the secretary of state shall make the contribution and | 1722 |
disbursement information in the addendum, amendment, or other | 1723 |
correction to the statement or amended statement available online | 1724 |
to the public through the internet as provided in division (I) of | 1725 |
section | 1726 |
(E)(1) Any person who makes a contribution for the purpose of | 1727 |
funding the direct costs of producing or airing an electioneering | 1728 |
communication under this section shall provide the person's full | 1729 |
name and address to the recipient of the contribution at the time | 1730 |
the contribution is made. | 1731 |
(2) Any individual who makes a contribution or contributions | 1732 |
aggregating two hundred dollars or more for the purpose of funding | 1733 |
the direct costs of producing or airing an electioneering | 1734 |
communication under this section shall provide the name of the | 1735 |
individual's current employer, if any, or, if the individual is | 1736 |
self-employed, the individual's occupation and the name of the | 1737 |
individual's business, if any, to the recipient of the | 1738 |
contribution at the time the contribution is made. | 1739 |
(F) In each electioneering communication, a statement shall | 1740 |
appear or be presented in a clear and conspicuous manner that does | 1741 |
both of the following: | 1742 |
(1) Clearly indicates that the electioneering communication | 1743 |
is not authorized by the candidate or the candidate's campaign | 1744 |
committee; | 1745 |
(2) Clearly identifies the person making the disbursement for | 1746 |
the electioneering communication in accordance with division (E) | 1747 |
of section 3517.106 or section 3517.20 of the Revised Code, as | 1748 |
applicable. | 1749 |
(G) Any coordinated electioneering communication is an | 1750 |
in-kind contribution, subject to the applicable contribution | 1751 |
limits prescribed in section 3517.102 of the Revised Code, to the | 1752 |
candidate by the person making disbursements to pay the direct | 1753 |
costs of producing or airing the communication. | 1754 |
| 1755 |
1756 | |
1757 | |
1758 | |
1759 |
| 1760 |
(1) "Statewide office" means any of the offices of governor, | 1761 |
lieutenant governor, secretary of state, auditor of state, | 1762 |
treasurer of state, attorney general, chief justice of the supreme | 1763 |
court, and justice of the supreme court. | 1764 |
(2) "Addendum to a statement" includes an amendment or other | 1765 |
correction to that statement. | 1766 |
(B)(1) The secretary of state shall store on computer the | 1767 |
information contained in statements of contributions and | 1768 |
expenditures and monthly statements required to be filed under | 1769 |
section 3517.10 of the Revised Code and in statements of | 1770 |
independent expenditures required to be filed under | 1771 |
sections 3517.105 and 3517.106 of the Revised Code by any of the | 1772 |
following: | 1773 |
(a) The campaign committees of candidates for statewide | 1774 |
office; | 1775 |
(b) The political action committees and political | 1776 |
contributing entities described in division (A)(1) of section | 1777 |
3517.11 of the Revised Code; | 1778 |
(c) Legislative campaign funds; | 1779 |
(d) State political parties; | 1780 |
(e) Individuals, partnerships, corporations, labor | 1781 |
organizations, or other entities that make independent | 1782 |
expenditures in support of or opposition to a statewide candidate | 1783 |
or a statewide ballot issue or question; | 1784 |
(f) The campaign committees of candidates for the office of | 1785 |
member of the general assembly; | 1786 |
(g) County political parties, with respect to their state | 1787 |
candidate funds; | 1788 |
(h) Corporations; | 1789 |
(i) Labor organizations; or | 1790 |
(j) Political action committees or other entities the primary | 1791 |
purpose of which is to accept corporate or labor funds for use in | 1792 |
making independent expenditures. | 1793 |
(2) The secretary of state shall store on computer the | 1794 |
information contained in disclosure of electioneering | 1795 |
communications statements required to be filed under section | 1796 |
3517.1011 of the Revised Code. | 1797 |
(3) The secretary of state shall store on computer the | 1798 |
information contained in deposit and disbursement statements | 1799 |
required to be filed with the office of the secretary of state | 1800 |
under section 3517.1012 of the Revised Code. | 1801 |
(4) The secretary of state shall store on computer the gift | 1802 |
and disbursement information contained in statements required to | 1803 |
be filed with the office of the secretary of state under section | 1804 |
3517.1013 of the Revised Code. | 1805 |
(5) The secretary of state shall store on computer the | 1806 |
information contained in donation and disbursement statements | 1807 |
required to be filed with the office of the secretary of state | 1808 |
under section 3517.1014 of the Revised Code. | 1809 |
(C)(1) The secretary of state shall make available to the | 1810 |
campaign committees, political action committees, political | 1811 |
contributing entities, legislative campaign funds, political | 1812 |
parties, individuals, partnerships, corporations, labor | 1813 |
organizations, treasurers of transition funds, and other entities | 1814 |
described in division (B) of this section, and to members of the | 1815 |
news media and other interested persons, for a reasonable fee, | 1816 |
computer programs that are compatible with the secretary of | 1817 |
state's method of storing the information contained in the | 1818 |
statements. | 1819 |
(2) The secretary of state shall make the information | 1820 |
required to be stored under division (B) of this section available | 1821 |
on computer at the secretary of state's office so that, to the | 1822 |
maximum extent feasible, individuals may obtain at the secretary | 1823 |
of state's office any part or all of that information for any | 1824 |
given year, subject to the limitation expressed in division (D) of | 1825 |
this section. | 1826 |
(D) The secretary of state shall keep the information stored | 1827 |
on computer under division (B) of this section for at least six | 1828 |
years. | 1829 |
(E)(1) Subject to division (L) of this section and subject to | 1830 |
the secretary of state having implemented, tested, and verified | 1831 |
the successful operation of any system the secretary of state | 1832 |
prescribes pursuant to division (H)(1) of this section and | 1833 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 1834 |
Code for the filing of campaign finance statements by electronic | 1835 |
means of transmission, the campaign committee of each candidate | 1836 |
for statewide office may file the statements prescribed by section | 1837 |
3517.10 of the Revised Code by electronic means of transmission | 1838 |
or, if the total amount of the contributions received or the total | 1839 |
amount of the expenditures made by the campaign committee for the | 1840 |
applicable reporting period as specified in division (A) of | 1841 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 1842 |
shall file those statements by electronic means of transmission. | 1843 |
Except as otherwise provided in this division, within five | 1844 |
business days after a statement filed by a campaign committee of a | 1845 |
candidate for statewide office is received by the secretary of | 1846 |
state by electronic or other means of transmission, the secretary | 1847 |
of state shall make available online to the public through the | 1848 |
internet, as provided in division (I) of this section, the | 1849 |
contribution and expenditure information in that statement. The | 1850 |
secretary of state shall not make available online to the public | 1851 |
through the internet any contribution or expenditure information | 1852 |
contained in a statement for any candidate until the secretary of | 1853 |
state is able to make available online to the public through the | 1854 |
internet the contribution and expenditure information for all | 1855 |
candidates for a particular office, or until the applicable filing | 1856 |
deadline for that statement has passed, whichever is sooner. As | 1857 |
soon as the secretary of state has available all of the | 1858 |
contribution and expenditure information for all candidates for a | 1859 |
particular office, or as soon as the applicable filing deadline | 1860 |
for a statement has passed, whichever is sooner, the secretary of | 1861 |
state shall simultaneously make available online to the public | 1862 |
through the internet the information for all candidates for that | 1863 |
office. | 1864 |
If a statement filed by electronic means of transmission is | 1865 |
found to be incomplete or inaccurate after the examination of the | 1866 |
statement for completeness and accuracy pursuant to division | 1867 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 1868 |
committee shall file by electronic means of transmission any | 1869 |
addendum to the statement that provides the information necessary | 1870 |
to complete or correct the statement or, if required by the | 1871 |
secretary of state under that division, an amended statement. | 1872 |
Within five business days after the secretary of state | 1873 |
receives from a campaign committee of a candidate for statewide | 1874 |
office an addendum to the statement or an amended statement by | 1875 |
electronic or other means of transmission under this division or | 1876 |
division (B)(3)(a) of section 3517.11 of the Revised Code, the | 1877 |
secretary of state shall make the contribution and expenditure | 1878 |
information in the addendum or amended statement available online | 1879 |
to the public through the internet as provided in division (I) of | 1880 |
this section. | 1881 |
(2) Subject to the secretary of state having implemented, | 1882 |
tested, and verified the successful operation of any system the | 1883 |
secretary of state prescribes pursuant to division (H)(1) of this | 1884 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 1885 |
the Revised Code for the filing of campaign finance statements by | 1886 |
electronic means of transmission, a political action committee and | 1887 |
a political contributing entity described in division (B)(1)(b) of | 1888 |
this section, a legislative campaign fund, and a state political | 1889 |
party may file the statements prescribed by section 3517.10 of the | 1890 |
Revised Code by electronic means of transmission or, if the total | 1891 |
amount of the contributions received or the total amount of the | 1892 |
expenditures made by the political action committee, political | 1893 |
contributing entity, legislative campaign fund, or state political | 1894 |
party for the applicable reporting period as specified in division | 1895 |
(A) of section 3517.10 of the Revised Code exceeds ten thousand | 1896 |
dollars, shall file those statements by electronic means of | 1897 |
transmission. | 1898 |
Within five business days after a statement filed by a | 1899 |
political action committee or a political contributing entity | 1900 |
described in division (B)(1)(b) of this section, a legislative | 1901 |
campaign fund, or a state political party is received by the | 1902 |
secretary of state by electronic or other means of transmission, | 1903 |
the secretary of state shall make available online to the public | 1904 |
through the internet, as provided in division (I) of this section, | 1905 |
the contribution and expenditure information in that statement. | 1906 |
If a statement filed by electronic means of transmission is | 1907 |
found to be incomplete or inaccurate after the examination of the | 1908 |
statement for completeness and accuracy pursuant to division | 1909 |
(B)(3)(a) of section 3517.11 of the Revised Code, the political | 1910 |
action committee, political contributing entity, legislative | 1911 |
campaign fund, or state political party shall file by electronic | 1912 |
means of transmission any addendum to the statement that provides | 1913 |
the information necessary to complete or correct the statement or, | 1914 |
if required by the secretary of state under that division, an | 1915 |
amended statement. | 1916 |
Within five business days after the secretary of state | 1917 |
receives from a political action committee or a political | 1918 |
contributing entity described in division (B)(1)(b) of this | 1919 |
section, a legislative campaign fund, or a state political party | 1920 |
an addendum to the statement or an amended statement by electronic | 1921 |
or other means of transmission under this division or division | 1922 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 1923 |
state shall make the contribution and expenditure information in | 1924 |
the addendum or amended statement available online to the public | 1925 |
through the internet as provided in division (I) of this section. | 1926 |
(3) Subject to the secretary of state having implemented, | 1927 |
tested, and verified the successful operation of any system the | 1928 |
secretary of state prescribes pursuant to division (H)(1) of this | 1929 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 1930 |
the Revised Code for the filing of campaign finance statements by | 1931 |
electronic means of transmission, a county political party shall | 1932 |
file the statements prescribed by section 3517.10 of the Revised | 1933 |
Code with respect to its state candidate fund by electronic means | 1934 |
of transmission to the office of the secretary of state. | 1935 |
Within five business days after a statement filed by a county | 1936 |
political party with respect to its state candidate fund is | 1937 |
received by the secretary of state by electronic means of | 1938 |
transmission, the secretary of state shall make available online | 1939 |
to the public through the internet, as provided in division (I) of | 1940 |
this section, the contribution and expenditure information in that | 1941 |
statement. | 1942 |
If a statement is found to be incomplete or inaccurate after | 1943 |
the examination of the statement for completeness and accuracy | 1944 |
pursuant to division (B)(3)(a) of section 3517.11 of the Revised | 1945 |
Code, a county political party shall file by electronic means of | 1946 |
transmission any addendum to the statement that provides the | 1947 |
information necessary to complete or correct the statement or, if | 1948 |
required by the secretary of state under that division, an amended | 1949 |
statement. | 1950 |
Within five business days after the secretary of state | 1951 |
receives from a county political party an addendum to the | 1952 |
statement or an amended statement by electronic means of | 1953 |
transmission under this division or division (B)(3)(a) of section | 1954 |
3517.11 of the Revised Code, the secretary of state shall make the | 1955 |
contribution and expenditure information in the addendum or | 1956 |
amended statement available online to the public through the | 1957 |
internet as provided in division (I) of this section. | 1958 |
(F)(1) Subject to division (L) of this section and subject to | 1959 |
the secretary of state having implemented, tested, and verified | 1960 |
the successful operation of any system the secretary of state | 1961 |
prescribes pursuant to division (H)(1) of this section and | 1962 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 1963 |
Code for the filing of campaign finance statements by electronic | 1964 |
means of transmission, a campaign committee of a candidate for the | 1965 |
office of member of the general assembly or a campaign committee | 1966 |
of a candidate for the office of judge of a court of appeals may | 1967 |
file the statements prescribed by section 3517.10 of the Revised | 1968 |
Code in accordance with division (A)(2) of section 3517.11 of the | 1969 |
Revised Code or by electronic means of transmission to the office | 1970 |
of the secretary of state or, if the total amount of the | 1971 |
contributions received by the campaign committee for the | 1972 |
applicable reporting period as specified in division (A) of | 1973 |
section 3517.10 of the Revised Code exceeds ten thousand dollars, | 1974 |
shall file those statements by electronic means of transmission to | 1975 |
the office of the secretary of state. | 1976 |
Except as otherwise provided in this division, within five | 1977 |
business days after a statement filed by a campaign committee of a | 1978 |
candidate for the office of member of the general assembly or a | 1979 |
campaign committee of a candidate for the office of judge of a | 1980 |
court of appeals is received by the secretary of state by | 1981 |
electronic or other means of transmission, the secretary of state | 1982 |
shall make available online to the public through the internet, as | 1983 |
provided in division (I) of this section, the contribution and | 1984 |
expenditure information in that statement. The secretary of state | 1985 |
shall not make available online to the public through the internet | 1986 |
any contribution or expenditure information contained in a | 1987 |
statement for any candidate until the secretary of state is able | 1988 |
to make available online to the public through the internet the | 1989 |
contribution and expenditure information for all candidates for a | 1990 |
particular office, or until the applicable filing deadline for | 1991 |
that statement has passed, whichever is sooner. As soon as the | 1992 |
secretary of state has available all of the contribution and | 1993 |
expenditure information for all candidates for a particular | 1994 |
office, or as soon as the applicable filing deadline for a | 1995 |
statement has passed, whichever is sooner, the secretary of state | 1996 |
shall simultaneously make available online to the public through | 1997 |
the internet the information for all candidates for that office. | 1998 |
If a statement filed by electronic means of transmission is | 1999 |
found to be incomplete or inaccurate after the examination of the | 2000 |
statement for completeness and accuracy pursuant to division | 2001 |
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign | 2002 |
committee shall file by electronic means of transmission to the | 2003 |
office of the secretary of state any addendum to the statement | 2004 |
that provides the information necessary to complete or correct the | 2005 |
statement or, if required by the secretary of state under that | 2006 |
division, an amended statement. | 2007 |
Within five business days after the secretary of state | 2008 |
receives from a campaign committee of a candidate for the office | 2009 |
of member of the general assembly or a campaign committee of a | 2010 |
candidate for the office of judge of a court of appeals an | 2011 |
addendum to the statement or an amended statement by electronic or | 2012 |
other means of transmission under this division or division | 2013 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 2014 |
state shall make the contribution and expenditure information in | 2015 |
the addendum or amended statement available online to the public | 2016 |
through the internet as provided in division (I) of this section. | 2017 |
(2) If a statement, addendum, or amended statement is not | 2018 |
filed by electronic means of transmission to the office of the | 2019 |
secretary of state but is filed by printed version only under | 2020 |
division (A)(2) of section 3517.11 of the Revised Code with the | 2021 |
appropriate board of elections, the campaign committee of a | 2022 |
candidate for the office of member of the general assembly or a | 2023 |
campaign committee of a candidate for the office of judge of a | 2024 |
court of appeals shall file two copies of the printed version of | 2025 |
the statement, addendum, or amended statement with the board of | 2026 |
elections. The board of elections shall send one of those copies | 2027 |
by certified mail to the secretary of state before the close of | 2028 |
business on the day the board of elections receives the statement, | 2029 |
addendum, or amended statement. | 2030 |
(G) Subject to the secretary of state having implemented, | 2031 |
tested, and verified the successful operation of any system the | 2032 |
secretary of state prescribes pursuant to division (H)(1) of this | 2033 |
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of | 2034 |
the Revised Code for the filing of campaign finance statements by | 2035 |
electronic means of transmission, any individual, partnership, or | 2036 |
other entity that makes independent expenditures in support of or | 2037 |
opposition to a statewide candidate or a statewide ballot issue or | 2038 |
question as provided in division (B)(2)(b) or (C)(2)(b) of section | 2039 |
3517.105 of the Revised Code may file the statement specified in | 2040 |
that division by electronic means of transmission or, if the total | 2041 |
amount of independent expenditures made during the reporting | 2042 |
period under that division exceeds ten thousand dollars, shall | 2043 |
file the statement specified in that division by electronic means | 2044 |
of transmission. | 2045 |
Within five business days after a statement filed by an | 2046 |
individual, partnership, or other entity is received by the | 2047 |
secretary of state by electronic or other means of transmission, | 2048 |
the secretary of state shall make available online to the public | 2049 |
through the internet, as provided in division (I) of this section, | 2050 |
the expenditure information in that statement. | 2051 |
If a statement filed by electronic means of transmission is | 2052 |
found to be incomplete or inaccurate after the examination of the | 2053 |
statement for completeness and accuracy pursuant to division | 2054 |
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, | 2055 |
partnership, or other entity shall file by electronic means of | 2056 |
transmission any addendum to the statement that provides the | 2057 |
information necessary to complete or correct the statement or, if | 2058 |
required by the secretary of state under that division, an amended | 2059 |
statement. | 2060 |
Within five business days after the secretary of state | 2061 |
receives from an individual, partnership, or other entity | 2062 |
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 | 2063 |
of the Revised Code an addendum to the statement or an amended | 2064 |
statement by electronic or other means of transmission under this | 2065 |
division or division (B)(3)(a) of section 3517.11 of the Revised | 2066 |
Code, the secretary of state shall make the expenditure | 2067 |
information in the addendum or amended statement available online | 2068 |
to the public through the internet as provided in division (I) of | 2069 |
this section. | 2070 |
(H)(1) The secretary of state, by rule adopted pursuant to | 2071 |
section 3517.23 of the Revised Code, shall prescribe one or more | 2072 |
techniques by which a person who executes and transmits by | 2073 |
electronic means a statement of contributions and expenditures, a | 2074 |
statement of independent expenditures, a disclosure of | 2075 |
electioneering communications statement, a deposit and | 2076 |
disbursement statement, a gift and disbursement statement, | 2077 |
donation and disbursement statement, or a contribution and | 2078 |
independent expenditure statement, an addendum to any of those | 2079 |
statements, an amended statement of contributions and | 2080 |
expenditures, an amended statement of independent expenditures, an | 2081 |
amended disclosure of electioneering communications statement, an | 2082 |
amended deposit and disbursement statement, an amended gift and | 2083 |
disbursement statement, | 2084 |
statement, an amended contribution and independent expenditure | 2085 |
statement, under this section or section 3517.10, 3517.105, | 2086 |
3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the | 2087 |
Revised Code shall electronically sign the statement, addendum, or | 2088 |
amended statement. Any technique prescribed by the secretary of | 2089 |
state pursuant to this division shall create an electronic | 2090 |
signature that satisfies all of the following: | 2091 |
(a) It is unique to the signer. | 2092 |
(b) It objectively identifies the signer. | 2093 |
(c) It involves the use of a signature device or other means | 2094 |
or method that is under the sole control of the signer and that | 2095 |
cannot be readily duplicated or compromised. | 2096 |
(d) It is created and linked to the electronic record to | 2097 |
which it relates in a manner that, if the record or signature is | 2098 |
intentionally or unintentionally changed after signing, the | 2099 |
electronic signature is invalidated. | 2100 |
(2) An electronic signature prescribed by the secretary of | 2101 |
state under division (H)(1) of this section shall be attached to | 2102 |
or associated with the statement of contributions and | 2103 |
expenditures, the statement of independent expenditures, the | 2104 |
disclosure of electioneering communications statement, the deposit | 2105 |
and disbursement statement, the gift and disbursement statement, | 2106 |
2107 | |
independent expenditure statement, the addendum to any of those | 2108 |
statements, the amended statement of contributions and | 2109 |
expenditures, the amended statement of independent expenditures, | 2110 |
the amended disclosure of electioneering communications statement, | 2111 |
the amended deposit and disbursement statement, the amended gift | 2112 |
and disbursement statement, | 2113 |
disbursement statement, or the amended contribution and | 2114 |
independent expenditure statement that is executed and transmitted | 2115 |
by electronic means by the person to whom the electronic signature | 2116 |
is attributed. The electronic signature that is attached to or | 2117 |
associated with the statement, addendum, or amended statement | 2118 |
under this division shall be binding on all persons and for all | 2119 |
purposes under the campaign finance reporting law as if the | 2120 |
signature had been handwritten in ink on a printed form. | 2121 |
(I) The secretary of state shall make the contribution and | 2122 |
expenditure, the contribution and disbursement, the deposit and | 2123 |
disbursement, the gift and disbursement, | 2124 |
disbursement, or the contribution and independent expenditure | 2125 |
information in all statements, all addenda to the statements, and | 2126 |
all amended statements that are filed with the secretary of state | 2127 |
by electronic or other means of transmission under this section or | 2128 |
section 3517.10, 3517.105, 3517.106, 3517.1011, 3517.1012, | 2129 |
3517.1013, 3517.1014, or 3517.11 of the Revised Code available | 2130 |
online to the public by any means that are searchable, viewable, | 2131 |
and accessible through the internet. | 2132 |
(J)(1) As used in this division, "library" means a library | 2133 |
that is open to the public and that is one of the following: | 2134 |
(a) A library that is maintained and regulated under section | 2135 |
715.13 of the Revised Code; | 2136 |
(b) A library that is created, maintained, and regulated | 2137 |
under Chapter 3375. of the Revised Code. | 2138 |
(2) The secretary of state shall notify all libraries of the | 2139 |
location on the internet at which the contribution and | 2140 |
expenditure, contribution and disbursement, deposit and | 2141 |
disbursement, gift and disbursement, | 2142 |
or contribution and independent expenditure information in | 2143 |
campaign finance statements required to be made available online | 2144 |
to the public through the internet pursuant to division (I) of | 2145 |
this section may be accessed. | 2146 |
If that location is part of the world wide web and if the | 2147 |
secretary of state has notified a library of that world wide web | 2148 |
location as required by this division, the library shall include a | 2149 |
link to that world wide web location on each internet-connected | 2150 |
computer it maintains that is accessible to the public. | 2151 |
(3) If the system the secretary of state prescribes for the | 2152 |
filing of campaign finance statements by electronic means of | 2153 |
transmission pursuant to division (H)(1) of this section and | 2154 |
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 2155 |
Code includes filing those statements through the internet via the | 2156 |
world wide web, the secretary of state shall notify all libraries | 2157 |
of the world wide web location at which those statements may be | 2158 |
filed. | 2159 |
If those statements may be filed through the internet via the | 2160 |
world wide web and if the secretary of state has notified a | 2161 |
library of that world wide web location as required by this | 2162 |
division, the library shall include a link to that world wide web | 2163 |
location on each internet-connected computer it maintains that is | 2164 |
accessible to the public. | 2165 |
(K) It is an affirmative defense to a complaint or charge | 2166 |
brought against any campaign committee, political action | 2167 |
committee, political contributing entity, legislative campaign | 2168 |
fund, or political party, any individual, partnership, | 2169 |
corporation, labor organization, or other entity, any person | 2170 |
making disbursements to pay the direct costs of producing or | 2171 |
airing electioneering communications, or any treasurer of a | 2172 |
transition fund, for the failure to file by electronic means of | 2173 |
transmission a campaign finance statement as required by this | 2174 |
section or section 3517.10, 3517.105, 3517.106, 3517.1011, | 2175 |
3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of | 2176 |
the following apply to the campaign committee, political action | 2177 |
committee, political contributing entity, legislative campaign | 2178 |
fund, or political party, the individual, partnership, | 2179 |
corporation, labor organization, or other entity, the person | 2180 |
making disbursements to pay the direct costs of producing or | 2181 |
airing electioneering communications, or the treasurer of a | 2182 |
transition fund that failed to so file: | 2183 |
(1) The campaign committee, political action committee, | 2184 |
political contributing entity, legislative campaign fund, or | 2185 |
political party, the individual, partnership, corporation, labor | 2186 |
organization, or other entity, the person making disbursements to | 2187 |
pay the direct costs of producing or airing electioneering | 2188 |
communications, or the treasurer of a transition fund attempted to | 2189 |
file by electronic means of transmission the required statement | 2190 |
prior to the deadline set forth in the applicable section. | 2191 |
(2) The campaign committee, political action committee, | 2192 |
political contributing entity, legislative campaign fund, or | 2193 |
political party, the individual, partnership, corporation, labor | 2194 |
organization, or other entity, the person making disbursements to | 2195 |
pay the direct costs of producing or airing electioneering | 2196 |
communications, or the treasurer of a transition fund was unable | 2197 |
to file by electronic means of transmission due to an expected or | 2198 |
unexpected shutdown of the whole or part of the electronic | 2199 |
campaign finance statement-filing system, such as for maintenance | 2200 |
or because of hardware, software, or network connection failure. | 2201 |
(3) The campaign committee, political action committee, | 2202 |
political contributing entity, legislative campaign fund, or | 2203 |
political party, the individual, partnership, corporation, labor | 2204 |
organization, or other entity, the person making disbursements to | 2205 |
pay the direct costs of producing or airing electioneering | 2206 |
communications, or the treasurer of a transition fund filed by | 2207 |
electronic means of transmission the required statement within a | 2208 |
reasonable period of time after being unable to so file it under | 2209 |
the circumstance described in division (K)(2) of this section. | 2210 |
(L)(1) The secretary of state shall adopt rules pursuant to | 2211 |
Chapter 119. of the Revised Code to permit a campaign committee of | 2212 |
a candidate for statewide office that makes expenditures of less | 2213 |
than twenty-five thousand dollars during the filing period or a | 2214 |
campaign committee for the office of member of the general | 2215 |
assembly or the office of judge of a court of appeals that would | 2216 |
otherwise be required to file campaign finance statements by | 2217 |
electronic means of transmission under division (E) or (F) of this | 2218 |
section to file those statements by paper with the office of the | 2219 |
secretary of state. Those rules shall provide for all of the | 2220 |
following: | 2221 |
(a) An eligible campaign committee that wishes to file a | 2222 |
campaign finance statement by paper instead of by electronic means | 2223 |
of transmission shall file the statement on paper with the office | 2224 |
of the secretary of state not sooner than twenty-four hours after | 2225 |
the end of the filing period set forth in section 3517.10 of the | 2226 |
Revised Code that is covered by the applicable statement. | 2227 |
(b) The statement shall be accompanied by a fee, the amount | 2228 |
of which the secretary of state shall determine by rule. The | 2229 |
amount of the fee established under this division shall not exceed | 2230 |
the data entry and data verification costs the secretary of state | 2231 |
will incur to convert the information on the statement to an | 2232 |
electronic format as required under division (I) of this section. | 2233 |
(c) The secretary of state shall arrange for the information | 2234 |
in campaign finance statements filed pursuant to division (L) of | 2235 |
this section to be made available online to the public through the | 2236 |
internet in the same manner, and at the same times, as information | 2237 |
is made available under divisions (E), (F), and (I) of this | 2238 |
section for candidates whose campaign committees file those | 2239 |
statements by electronic means of transmission. | 2240 |
(d) The candidate of an eligible campaign committee that | 2241 |
intends to file a campaign finance statement pursuant to division | 2242 |
(L) of this section shall file a notice indicating that the | 2243 |
candidate's campaign committee intends to so file and stating that | 2244 |
filing the statement by electronic means of transmission would | 2245 |
constitute a hardship for the candidate or for the eligible | 2246 |
campaign committee. | 2247 |
(e) An eligible campaign committee that files a campaign | 2248 |
finance statement on paper pursuant to division (L) of this | 2249 |
section shall review the contribution and information made | 2250 |
available online by the secretary of state with respect to that | 2251 |
paper filing and shall notify the secretary of state of any errors | 2252 |
with respect to that filing that appear in the data made available | 2253 |
on that web site. | 2254 |
(f) If an eligible campaign committee whose candidate has | 2255 |
filed a notice in accordance with rules adopted under division | 2256 |
(L)(1)(d) of this section subsequently fails to file that | 2257 |
statement on paper by the applicable deadline established in rules | 2258 |
adopted under division (L)(1)(a) of this section, penalties for | 2259 |
the late filing of the campaign finance statement shall apply to | 2260 |
that campaign committee for each day after that paper filing | 2261 |
deadline, as if the campaign committee had filed the statement | 2262 |
after the applicable deadline set forth in division (A) of section | 2263 |
3517.10 of the Revised Code. | 2264 |
(2) The process for permitting campaign committees that would | 2265 |
otherwise be required to file campaign finance statements by | 2266 |
electronic means of transmission to file those statements on paper | 2267 |
with the office of the secretary of state that is required to be | 2268 |
developed under division (L)(1) of this section shall be in effect | 2269 |
and available for use by eligible campaign committees for all | 2270 |
campaign finance statements that are required to be filed on or | 2271 |
after June 30, 2005. Notwithstanding any provision of the Revised | 2272 |
Code to the contrary, if the process the secretary of state is | 2273 |
required to develop under division (L)(1) of this section is not | 2274 |
in effect and available for use on and after June 30, 2005, all | 2275 |
penalties for the failure of campaign committees to file campaign | 2276 |
finance statements by electronic means of transmission shall be | 2277 |
suspended until such time as that process is in effect and | 2278 |
available for use. | 2279 |
(3) Notwithstanding any provision of the Revised Code to the | 2280 |
contrary, any eligible campaign committee that files campaign | 2281 |
finance statements on paper with the office of the secretary of | 2282 |
state pursuant to division (L)(1) of this section shall be deemed | 2283 |
to have filed those campaign finance statements by electronic | 2284 |
means of transmission to the office of the secretary of state. | 2285 |
Sec. 3517.11. (A)(1) Campaign committees of candidates for | 2286 |
statewide office or the state board of education, political action | 2287 |
committees or political contributing entities that make | 2288 |
contributions to campaign committees of candidates that are | 2289 |
required to file the statements prescribed by section 3517.10 of | 2290 |
the Revised Code with the secretary of state, political action | 2291 |
committees or political contributing entities that make | 2292 |
contributions to campaign committees of candidates for member of | 2293 |
the general assembly, political action committees or political | 2294 |
contributing entities that make contributions to state and | 2295 |
national political parties and to legislative campaign funds, | 2296 |
political action committees or political contributing entities | 2297 |
that receive contributions or make expenditures in connection with | 2298 |
a statewide ballot issue, political action committees or political | 2299 |
contributing entities that make contributions to other political | 2300 |
action committees or political contributing entities, political | 2301 |
parties, and campaign committees, except as set forth in division | 2302 |
(A)(3) of this section, legislative campaign funds, and state and | 2303 |
national political parties shall file the statements prescribed by | 2304 |
section 3517.10 of the Revised Code with the secretary of state. | 2305 |
(2)(a) Except as otherwise provided in division (F) of | 2306 |
section | 2307 |
committees of candidates for all other offices shall file the | 2308 |
statements prescribed by section 3517.10 of the Revised Code with | 2309 |
the board of elections where their candidates are required to file | 2310 |
their petitions or other papers for nomination or election. | 2311 |
(b) A campaign committee of a candidate for office of member | 2312 |
of the general assembly or a campaign committee of a candidate for | 2313 |
the office of judge of a court of appeals shall file two copies of | 2314 |
the printed version of any statement, addendum, or amended | 2315 |
statement if the committee does not file pursuant to division | 2316 |
(F)(1) or (L) of section | 2317 |
but files by printed version only with the appropriate board of | 2318 |
elections. The board of elections shall send one of those copies | 2319 |
by certified mail to the secretary of state before the close of | 2320 |
business on the day the board of elections receives the statement, | 2321 |
addendum, or amended statement. | 2322 |
(3) Political action committees or political contributing | 2323 |
entities that only contribute to a county political party, | 2324 |
contribute to campaign committees of candidates whose nomination | 2325 |
or election is to be submitted only to electors within a county, | 2326 |
subdivision, or district, excluding candidates for member of the | 2327 |
general assembly, and receive contributions or make expenditures | 2328 |
in connection with ballot questions or issues to be submitted only | 2329 |
to electors within a county, subdivision, or district shall file | 2330 |
the statements prescribed by section 3517.10 of the Revised Code | 2331 |
with the board of elections in that county or in the county | 2332 |
contained in whole or part within the subdivision or district | 2333 |
having a population greater than that of any other county | 2334 |
contained in whole or part within that subdivision or district, as | 2335 |
the case may be. | 2336 |
(4) Except as otherwise provided in division (E)(3) of | 2337 |
section | 2338 |
state candidate funds, county political parties shall file the | 2339 |
statements prescribed by section 3517.10 of the Revised Code with | 2340 |
the board of elections of their respective counties. | 2341 |
(B)(1) The official with whom petitions and other papers for | 2342 |
nomination or election to public office are filed shall furnish | 2343 |
each candidate at the time of that filing a copy of sections | 2344 |
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and | 2345 |
3599.031 of the Revised Code and any other materials that the | 2346 |
secretary of state may require. Each candidate receiving the | 2347 |
materials shall acknowledge their receipt in writing. | 2348 |
(2) On or before the tenth day before the dates on which | 2349 |
statements are required to be filed by section 3517.10 of the | 2350 |
Revised Code, every candidate subject to the provisions of this | 2351 |
section and sections 3517.10 and | 2352 |
Code shall be notified of the requirements and applicable | 2353 |
penalties of those sections. The secretary of state, by certified | 2354 |
mail, return receipt requested, shall notify all candidates | 2355 |
required to file those statements with the secretary of state's | 2356 |
office. The board of elections of every county shall notify by | 2357 |
first class mail any candidate who has personally appeared at the | 2358 |
office of the board on or before the tenth day before the | 2359 |
statements are required to be filed and signed a form, to be | 2360 |
provided by the secretary of state, attesting that the candidate | 2361 |
has been notified of the candidate's obligations under the | 2362 |
campaign finance law. The board shall forward the completed form | 2363 |
to the secretary of state. The board shall use certified mail, | 2364 |
return receipt requested, to notify all other candidates required | 2365 |
to file those statements with it. | 2366 |
(3)(a) Any statement required to be filed under sections | 2367 |
3517.081 to 3517.17 of the Revised Code that is found to be | 2368 |
incomplete or inaccurate by the officer to whom it is submitted | 2369 |
shall be accepted on a conditional basis, and the person who filed | 2370 |
it shall be notified by certified mail as to the incomplete or | 2371 |
inaccurate nature of the statement. The secretary of state may | 2372 |
examine statements filed for candidates for the office of member | 2373 |
of the general assembly and candidates for the office of judge of | 2374 |
a court of appeals for completeness and accuracy. The secretary of | 2375 |
state shall examine for completeness and accuracy statements that | 2376 |
campaign committees of candidates for the office of member of the | 2377 |
general assembly and campaign committees of candidates for the | 2378 |
office of judge of a court of appeals file pursuant to division | 2379 |
(F) or (L) of section | 2380 |
an officer at the board of elections where a statement filed for a | 2381 |
candidate for the office of member of the general assembly or for | 2382 |
a candidate for the office of judge of a court of appeals was | 2383 |
submitted finds the statement to be incomplete or inaccurate, the | 2384 |
officer shall immediately notify the secretary of state of its | 2385 |
incomplete or inaccurate nature. If either an officer at the board | 2386 |
of elections or the secretary of state finds a statement filed for | 2387 |
a candidate for the office of member of the general assembly or | 2388 |
for a candidate for the office of judge of a court of appeals to | 2389 |
be incomplete or inaccurate, only the secretary of state shall | 2390 |
send the notification as to the incomplete or inaccurate nature of | 2391 |
the statement. | 2392 |
Within twenty-one days after receipt of the notice, in the | 2393 |
case of a pre-election statement, a postelection statement, a | 2394 |
monthly statement, an annual statement, or a semiannual statement | 2395 |
prescribed by section 3517.10, an annual statement prescribed by | 2396 |
section 3517.101, or a statement prescribed by division (B)(2)(b) | 2397 |
or (C)(2)(b) of section 3517.105 or section 3517.107 of the | 2398 |
Revised Code, the recipient shall file an addendum, amendment, or | 2399 |
other correction to the statement providing the information | 2400 |
necessary to complete or correct the statement. The secretary of | 2401 |
state may require that, in lieu of filing an addendum, amendment, | 2402 |
or other correction to a statement that is filed by electronic | 2403 |
means of transmission to the office of the secretary of state | 2404 |
pursuant to section | 2405 |
recipient of the notice described in this division file by | 2406 |
electronic means of transmission an amended statement that | 2407 |
incorporates the information necessary to complete or correct the | 2408 |
statement. | 2409 |
The secretary of state shall determine by rule when an | 2410 |
addendum, amendment, or other correction to any of the following | 2411 |
or when an amended statement of any of the following shall be | 2412 |
filed: | 2413 |
(i) A two-business-day statement prescribed by section | 2414 |
3517.10 of the Revised Code; | 2415 |
(ii) A disclosure of electioneering communications statement | 2416 |
prescribed by division (D) of section 3517.1011 of the Revised | 2417 |
Code; | 2418 |
(iii) A deposit and disbursement statement prescribed under | 2419 |
division (B) of section 3517.1012 of the Revised Code; | 2420 |
(iv) A gift and disbursement statement prescribed under | 2421 |
section 3517.1013 of the Revised Code; | 2422 |
(v) A donation and disbursement statement prescribed under | 2423 |
section 3517.1014 of the Revised Code; or | 2424 |
(vi) A contribution and independent expenditure statement | 2425 |
prescribed under section 3517.106 of the Revised Code. | 2426 |
An addendum, amendment, or other correction to a statement | 2427 |
that is filed by electronic means of transmission pursuant to | 2428 |
section | 2429 |
the same manner as the statement. | 2430 |
The provisions of sections 3517.10, 3517.106, 3517.1011, | 2431 |
3517.1012, 3517.1013, | 2432 |
Code pertaining to the filing of statements of contributions and | 2433 |
expenditures, statements of independent expenditures, disclosure | 2434 |
of electioneering communications statements, deposit and | 2435 |
disbursement statements, gift and disbursement statements, | 2436 |
donation and disbursement statements, and contribution and | 2437 |
independent expenditure statements by electronic means of | 2438 |
transmission apply to the filing of addenda, amendments, or other | 2439 |
corrections to those statements by electronic means of | 2440 |
transmission and the filing of amended statements by electronic | 2441 |
means of transmission. | 2442 |
(b) Within five business days after the secretary of state | 2443 |
receives, by electronic or other means of transmission, an | 2444 |
addendum, amendment, or other correction to a statement or an | 2445 |
amended statement under division (B)(3)(a) of this section, the | 2446 |
secretary of state, pursuant to divisions (E), (F), (G), and (I) | 2447 |
of section | 2448 |
of the Revised Code, shall make the contribution and expenditure, | 2449 |
contribution and disbursement, deposit and disbursement, gift and | 2450 |
disbursement, | 2451 |
independent expenditure information in that addendum, amendment, | 2452 |
correction, or amended statement available online to the public | 2453 |
through the internet. | 2454 |
(4)(a) The secretary of state or the board of elections shall | 2455 |
examine all statements for compliance with sections 3517.08 to | 2456 |
3517.17 of the Revised Code. | 2457 |
(b) The secretary of state may contract with an individual or | 2458 |
entity not associated with the secretary of state and experienced | 2459 |
in interpreting the campaign finance law of this state to conduct | 2460 |
examinations of statements filed by any statewide candidate, as | 2461 |
defined in section 3517.103 of the Revised Code. | 2462 |
(c) The examination shall be conducted by a person or entity | 2463 |
qualified to conduct it. The results of the examination shall be | 2464 |
available to the public, and, when the examination is conducted by | 2465 |
an individual or entity not associated with the secretary of | 2466 |
state, the results of the examination shall be reported to the | 2467 |
secretary of state. | 2468 |
(C)(1) In the event of a failure to file or a late filing of | 2469 |
a statement required to be filed under sections 3517.081 to | 2470 |
3517.17 of the Revised Code, or if a filed statement or any | 2471 |
addendum, amendment, or other correction to a statement or any | 2472 |
amended statement, if an addendum, amendment, or other correction | 2473 |
or an amended statement is required to be filed, is incomplete or | 2474 |
inaccurate or appears to disclose a failure to comply with or a | 2475 |
violation of law, the official whose duty it is to examine the | 2476 |
statement shall promptly file a complaint with the Ohio elections | 2477 |
commission under section 3517.153 of the Revised Code if the law | 2478 |
is one over which the commission has jurisdiction to hear | 2479 |
complaints, or the official shall promptly report the failure or | 2480 |
violation to the board of elections and the board shall promptly | 2481 |
report it to the prosecuting attorney in accordance with division | 2482 |
(J) of section 3501.11 of the Revised Code. If the official files | 2483 |
a complaint with the commission, the commission shall proceed in | 2484 |
accordance with sections 3517.154 to 3517.157 of the Revised Code. | 2485 |
(2) For purposes of division (C)(1) of this section, a | 2486 |
statement or an addendum, amendment, or other correction to a | 2487 |
statement or an amended statement required to be filed under | 2488 |
sections 3517.081 to 3517.17 of the Revised Code is incomplete or | 2489 |
inaccurate under this section if the statement, addendum, | 2490 |
amendment, other correction, or amended statement fails to | 2491 |
disclose substantially all contributions, gifts, or donations that | 2492 |
are received or deposits that are made that are required to be | 2493 |
reported under sections 3517.10, 3517.106, 3517.107, 3517.108, | 2494 |
3517.1011, 3517.1012, 3517.1013, and 3517.1014 of the Revised Code | 2495 |
or if the statement, addendum, amendment, other correction, or | 2496 |
amended statement fails to disclose at least ninety per cent of | 2497 |
the total contributions, gifts, or donations received or deposits | 2498 |
made or of the total expenditures, independent expenditures, or | 2499 |
disbursements made during the reporting period. | 2500 |
(D) No certificate of nomination or election shall be issued | 2501 |
to a person, and no person elected to an office shall enter upon | 2502 |
the performance of the duties of that office, until that person or | 2503 |
that person's campaign committee, as appropriate, has fully | 2504 |
complied with this section and sections 3517.08, 3517.081, | 2505 |
3517.10, and 3517.13 of the Revised Code. | 2506 |
Sec. 3517.13. (A)(1) No campaign committee of a statewide | 2507 |
candidate shall fail to file a complete and accurate statement | 2508 |
required under division (A)(1) of section 3517.10 of the Revised | 2509 |
Code. | 2510 |
(2) No campaign committee of a statewide candidate shall fail | 2511 |
to file a complete and accurate monthly statement, and no campaign | 2512 |
committee of a statewide candidate or a candidate for the office | 2513 |
of chief justice or justice of the supreme court shall fail to | 2514 |
file a complete and accurate two-business-day statement, as | 2515 |
required under section 3517.10 of the Revised Code. | 2516 |
As used in this division, "statewide candidate" has the same | 2517 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 2518 |
Code. | 2519 |
(B) No campaign committee shall fail to file a complete and | 2520 |
accurate statement required under division (A)(1) of section | 2521 |
3517.10 of the Revised Code. | 2522 |
(C) No campaign committee shall fail to file a complete and | 2523 |
accurate statement required under division (A)(2) of section | 2524 |
3517.10 of the Revised Code. | 2525 |
(D) No campaign committee shall fail to file a complete and | 2526 |
accurate statement required under division (A)(3) or (4) of | 2527 |
section 3517.10 of the Revised Code. | 2528 |
(E) No person other than a campaign committee shall knowingly | 2529 |
fail to file a statement required under section 3517.10 or | 2530 |
3517.107 of the Revised Code. | 2531 |
(F) No person shall make cash contributions to any person | 2532 |
totaling more than one hundred dollars in each primary, special, | 2533 |
or general election. | 2534 |
(G)(1) No person shall knowingly conceal or misrepresent | 2535 |
contributions given or received, expenditures made, or any other | 2536 |
information required to be reported by a provision in sections | 2537 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 2538 |
(2)(a) No person shall make a contribution to a campaign | 2539 |
committee, political action committee, political contributing | 2540 |
entity, legislative campaign fund, political party, or person | 2541 |
making disbursements to pay the direct costs of producing or | 2542 |
airing electioneering communications in the name of another | 2543 |
person. | 2544 |
(b) A person does not make a contribution in the name of | 2545 |
another when either of the following applies: | 2546 |
(i) An individual makes a contribution from a partnership or | 2547 |
other unincorporated business account, if the contribution is | 2548 |
reported by listing both the name of the partnership or other | 2549 |
unincorporated business and the name of the partner or owner | 2550 |
making the contribution as required under division (I) of section | 2551 |
3517.10 of the Revised Code. | 2552 |
(ii) A person makes a contribution in that person's spouse's | 2553 |
name or in both of their names. | 2554 |
(H) No person within this state, publishing a newspaper or | 2555 |
other periodical, shall charge a campaign committee for political | 2556 |
advertising a rate in excess of the rate such person would charge | 2557 |
if the campaign committee were a general rate advertiser whose | 2558 |
advertising was directed to promoting its business within the same | 2559 |
area as that encompassed by the particular office that the | 2560 |
candidate of the campaign committee is seeking. The rate shall | 2561 |
take into account the amount of space used, as well as the type of | 2562 |
advertising copy submitted by or on behalf of the campaign | 2563 |
committee. All discount privileges otherwise offered by a | 2564 |
newspaper or periodical to general rate advertisers shall be | 2565 |
available upon equal terms to all campaign committees. | 2566 |
No person within this state, operating a radio or television | 2567 |
station or network of stations in this state, shall charge a | 2568 |
campaign committee for political broadcasts a rate that exceeds: | 2569 |
(1) During the forty-five days preceding the date of a | 2570 |
primary election and during the sixty days preceding the date of a | 2571 |
general or special election in which the candidate of the campaign | 2572 |
committee is seeking office, the lowest unit charge of the station | 2573 |
for the same class and amount of time for the same period; | 2574 |
(2) At any other time, the charges made for comparable use of | 2575 |
that station by its other users. | 2576 |
(I) Subject to divisions (K), (L), (M), and (N) of this | 2577 |
section, no agency or department of this state or any political | 2578 |
subdivision shall award any contract, other than one let by | 2579 |
competitive bidding or a contract incidental to such contract or | 2580 |
which is by force account, for the purchase of goods costing more | 2581 |
than five hundred dollars or services costing more than five | 2582 |
hundred dollars to any individual, partnership, association, | 2583 |
including, without limitation, a professional association | 2584 |
organized under Chapter 1785. of the Revised Code, estate, or | 2585 |
trust if the individual has made or the individual's spouse has | 2586 |
made, or any partner, shareholder, administrator, executor, or | 2587 |
trustee or the spouse of any of them has made, as an individual, | 2588 |
within the two previous calendar years, one or more contributions | 2589 |
totaling in excess of one thousand dollars to the holder of the | 2590 |
public office having ultimate responsibility for the award of the | 2591 |
contract or to the public officer's campaign committee. | 2592 |
(J) Subject to divisions (K), (L), (M), and (N) of this | 2593 |
section, no agency or department of this state or any political | 2594 |
subdivision shall award any contract, other than one let by | 2595 |
competitive bidding or a contract incidental to such contract or | 2596 |
which is by force account, for the purchase of goods costing more | 2597 |
than five hundred dollars or services costing more than five | 2598 |
hundred dollars to a corporation or business trust, except a | 2599 |
professional association organized under Chapter 1785. of the | 2600 |
Revised Code, if an owner of more than twenty per cent of the | 2601 |
corporation or business trust or the spouse of that person has | 2602 |
made, as an individual, within the two previous calendar years, | 2603 |
taking into consideration only owners for all of that period, one | 2604 |
or more contributions totaling in excess of one thousand dollars | 2605 |
to the holder of a public office having ultimate responsibility | 2606 |
for the award of the contract or to the public officer's campaign | 2607 |
committee. | 2608 |
(K) For purposes of divisions (I) and (J) of this section, if | 2609 |
a public officer who is responsible for the award of a contract is | 2610 |
appointed by the governor, whether or not the appointment is | 2611 |
subject to the advice and consent of the senate, excluding members | 2612 |
of boards, commissions, committees, authorities, councils, boards | 2613 |
of trustees, task forces, and other such entities appointed by the | 2614 |
governor, the office of the governor is considered to have | 2615 |
ultimate responsibility for the award of the contract. | 2616 |
(L) For purposes of divisions (I) and (J) of this section, if | 2617 |
a public officer who is responsible for the award of a contract is | 2618 |
appointed by the elected chief executive officer of a municipal | 2619 |
corporation, or appointed by the elected chief executive officer | 2620 |
of a county operating under an alternative form of county | 2621 |
government or county charter, excluding members of boards, | 2622 |
commissions, committees, authorities, councils, boards of | 2623 |
trustees, task forces, and other such entities appointed by the | 2624 |
chief executive officer, the office of the chief executive officer | 2625 |
is considered to have ultimate responsibility for the award of the | 2626 |
contract. | 2627 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 2628 |
contracts awarded by the board of commissioners of the sinking | 2629 |
fund, municipal legislative authorities, boards of education, | 2630 |
boards of county commissioners, boards of township trustees, or | 2631 |
other boards, commissions, committees, authorities, councils, | 2632 |
boards of trustees, task forces, and other such entities created | 2633 |
by law, by the supreme court or courts of appeals, by county | 2634 |
courts consisting of more than one judge, courts of common pleas | 2635 |
consisting of more than one judge, or municipal courts consisting | 2636 |
of more than one judge, or by a division of any court if the | 2637 |
division consists of more than one judge. This division shall | 2638 |
apply to the specified entity only if the members of the entity | 2639 |
act collectively in the award of a contract for goods or services. | 2640 |
(2) Divisions (I) and (J) of this section do not apply to | 2641 |
actions of the controlling board. | 2642 |
(N)(1) Divisions (I) and (J) of this section apply to | 2643 |
contributions made to the holder of a public office having | 2644 |
ultimate responsibility for the award of a contract, or to the | 2645 |
public officer's campaign committee, during the time the person | 2646 |
holds the office and during any time such person was a candidate | 2647 |
for the office. Those divisions do not apply to contributions made | 2648 |
to, or to the campaign committee of, a candidate for or holder of | 2649 |
the office other than the holder of the office at the time of the | 2650 |
award of the contract. | 2651 |
(2) Divisions (I) and (J) of this section do not apply to | 2652 |
contributions of a partner, shareholder, administrator, executor, | 2653 |
trustee, or owner of more than twenty per cent of a corporation or | 2654 |
business trust made before the person held any of those positions | 2655 |
or after the person ceased to hold any of those positions in the | 2656 |
partnership, association, estate, trust, corporation, or business | 2657 |
trust whose eligibility to be awarded a contract is being | 2658 |
determined, nor to contributions of the person's spouse made | 2659 |
before the person held any of those positions, after the person | 2660 |
ceased to hold any of those positions, before the two were | 2661 |
married, after the granting of a decree of divorce, dissolution of | 2662 |
marriage, or annulment, or after the granting of an order in an | 2663 |
action brought solely for legal separation. Those divisions do not | 2664 |
apply to contributions of the spouse of an individual whose | 2665 |
eligibility to be awarded a contract is being determined made | 2666 |
before the two were married, after the granting of a decree of | 2667 |
divorce, dissolution of marriage, or annulment, or after the | 2668 |
granting of an order in an action brought solely for legal | 2669 |
separation. | 2670 |
(O) No beneficiary of a campaign fund or other person shall | 2671 |
convert for personal use, and no person shall knowingly give to a | 2672 |
beneficiary of a campaign fund or any other person, for the | 2673 |
beneficiary's or any other person's personal use, anything of | 2674 |
value from the beneficiary's campaign fund, including, without | 2675 |
limitation, payments to a beneficiary for services the beneficiary | 2676 |
personally performs, except as reimbursement for any of the | 2677 |
following: | 2678 |
(1) Legitimate and verifiable prior campaign expenses | 2679 |
incurred by the beneficiary; | 2680 |
(2) Legitimate and verifiable ordinary and necessary prior | 2681 |
expenses incurred by the beneficiary in connection with duties as | 2682 |
the holder of a public office, including, without limitation, | 2683 |
expenses incurred through participation in nonpartisan or | 2684 |
bipartisan events if the participation of the holder of a public | 2685 |
office would normally be expected; | 2686 |
(3) Legitimate and verifiable ordinary and necessary prior | 2687 |
expenses incurred by the beneficiary while doing any of the | 2688 |
following: | 2689 |
(a) Engaging in activities in support of or opposition to a | 2690 |
candidate other than the beneficiary, political party, or ballot | 2691 |
issue; | 2692 |
(b) Raising funds for a political party, political action | 2693 |
committee, political contributing entity, legislative campaign | 2694 |
fund, campaign committee, or other candidate; | 2695 |
(c) Participating in the activities of a political party, | 2696 |
political action committee, political contributing entity, | 2697 |
legislative campaign fund, or campaign committee; | 2698 |
(d) Attending a political party convention or other political | 2699 |
meeting. | 2700 |
For purposes of this division, an expense is incurred | 2701 |
whenever a beneficiary has either made payment or is obligated to | 2702 |
make payment, as by the use of a credit card or other credit | 2703 |
procedure or by the use of goods or services received on account. | 2704 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 2705 |
and no person shall knowingly give to the beneficiary of a | 2706 |
campaign fund, reimbursement for an expense under division (O) of | 2707 |
this section to the extent that the expense previously was | 2708 |
reimbursed or paid from another source of funds. If an expense is | 2709 |
reimbursed under division (O) of this section and is later paid or | 2710 |
reimbursed, wholly or in part, from another source of funds, the | 2711 |
beneficiary shall repay the reimbursement received under division | 2712 |
(O) of this section to the extent of the payment made or | 2713 |
reimbursement received from the other source. | 2714 |
(Q) No candidate or public official or employee shall accept | 2715 |
for personal or business use anything of value from a political | 2716 |
party, political action committee, political contributing entity, | 2717 |
legislative campaign fund, or campaign committee other than the | 2718 |
candidate's or public official's or employee's own campaign | 2719 |
committee, and no person shall knowingly give to a candidate or | 2720 |
public official or employee anything of value from a political | 2721 |
party, political action committee, political contributing entity, | 2722 |
legislative campaign fund, or such a campaign committee, except | 2723 |
for the following: | 2724 |
(1) Reimbursement for legitimate and verifiable ordinary and | 2725 |
necessary prior expenses not otherwise prohibited by law incurred | 2726 |
by the candidate or public official or employee while engaged in | 2727 |
any legitimate activity of the political party, political action | 2728 |
committee, political contributing entity, legislative campaign | 2729 |
fund, or such campaign committee. Without limitation, reimbursable | 2730 |
expenses under this division include those incurred while doing | 2731 |
any of the following: | 2732 |
(a) Engaging in activities in support of or opposition to | 2733 |
another candidate, political party, or ballot issue; | 2734 |
(b) Raising funds for a political party, legislative campaign | 2735 |
fund, campaign committee, or another candidate; | 2736 |
(c) Attending a political party convention or other political | 2737 |
meeting. | 2738 |
(2) Compensation not otherwise prohibited by law for actual | 2739 |
and valuable personal services rendered under a written contract | 2740 |
to the political party, political action committee, political | 2741 |
contributing entity, legislative campaign fund, or such campaign | 2742 |
committee for any legitimate activity of the political party, | 2743 |
political action committee, political contributing entity, | 2744 |
legislative campaign fund, or such campaign committee. | 2745 |
Reimbursable expenses under this division do not include, and | 2746 |
it is a violation of this division for a candidate or public | 2747 |
official or employee to accept, or for any person to knowingly | 2748 |
give to a candidate or public official or employee from a | 2749 |
political party, political action committee, political | 2750 |
contributing entity, legislative campaign fund, or campaign | 2751 |
committee other than the candidate's or public official's or | 2752 |
employee's own campaign committee, anything of value for | 2753 |
activities primarily related to the candidate's or public | 2754 |
official's or employee's own campaign for election, except for | 2755 |
contributions to the candidate's or public official's or | 2756 |
employee's campaign committee. | 2757 |
For purposes of this division, an expense is incurred | 2758 |
whenever a candidate or public official or employee has either | 2759 |
made payment or is obligated to make payment, as by the use of a | 2760 |
credit card or other credit procedure, or by the use of goods or | 2761 |
services on account. | 2762 |
(R)(1) Division (O) or (P) of this section does not prohibit | 2763 |
a campaign committee from making direct advance or post payment | 2764 |
from contributions to vendors for goods and services for which | 2765 |
reimbursement is permitted under division (O) of this section, | 2766 |
except that no campaign committee shall pay its candidate or other | 2767 |
beneficiary for services personally performed by the candidate or | 2768 |
other beneficiary. | 2769 |
(2) If any expense that may be reimbursed under division (O), | 2770 |
(P), or (Q) of this section is part of other expenses that may not | 2771 |
be paid or reimbursed, the separation of the two types of expenses | 2772 |
for the purpose of allocating for payment or reimbursement those | 2773 |
expenses that may be paid or reimbursed may be by any reasonable | 2774 |
accounting method, considering all of the surrounding | 2775 |
circumstances. | 2776 |
(3) For purposes of divisions (O), (P), and (Q) of this | 2777 |
section, mileage allowance at a rate not greater than that allowed | 2778 |
by the internal revenue service at the time the travel occurs may | 2779 |
be paid instead of reimbursement for actual travel expenses | 2780 |
allowable. | 2781 |
(S)(1) As used in division (S) of this section: | 2782 |
(a) "State elective office" has the same meaning as in | 2783 |
section 3517.092 of the Revised Code. | 2784 |
(b) "Federal office" means a federal office as defined in the | 2785 |
Federal Election Campaign Act. | 2786 |
(c) "Federal campaign committee" means a principal campaign | 2787 |
committee or authorized committee as defined in the Federal | 2788 |
Election Campaign Act. | 2789 |
(2) No person who is a candidate for state elective office | 2790 |
and who previously sought nomination or election to a federal | 2791 |
office shall transfer any funds or assets from that person's | 2792 |
federal campaign committee for nomination or election to the | 2793 |
federal office to that person's campaign committee as a candidate | 2794 |
for state elective office. | 2795 |
(3) No campaign committee of a person who is a candidate for | 2796 |
state elective office and who previously sought nomination or | 2797 |
election to a federal office shall accept any funds or assets from | 2798 |
that person's federal campaign committee for that person's | 2799 |
nomination or election to the federal office. | 2800 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 2801 |
section 3517.102 of the Revised Code, a state or county political | 2802 |
party shall not disburse moneys from any account other than a | 2803 |
state candidate fund to make contributions to any of the | 2804 |
following: | 2805 |
(a) A state candidate fund; | 2806 |
(b) A legislative campaign fund; | 2807 |
(c) A campaign committee of a candidate for the office of | 2808 |
governor, lieutenant governor, secretary of state, auditor of | 2809 |
state, treasurer of state, attorney general, member of the state | 2810 |
board of education, or member of the general assembly. | 2811 |
(2) No state candidate fund, legislative campaign fund, or | 2812 |
campaign committee of a candidate for any office described in | 2813 |
division (T)(1)(c) of this section shall knowingly accept a | 2814 |
contribution in violation of division (T)(1) of this section. | 2815 |
(U) No person shall fail to file a statement required under | 2816 |
section 3517.12 of the Revised Code. | 2817 |
(V) No campaign committee shall fail to file a statement | 2818 |
required under division (K)(3) of section 3517.10 of the Revised | 2819 |
Code. | 2820 |
(W)(1) No foreign national shall, directly or indirectly | 2821 |
through any other person or entity, make a contribution, | 2822 |
expenditure, or independent expenditure or promise, either | 2823 |
expressly or implicitly, to make a contribution, expenditure, or | 2824 |
independent expenditure in support of or opposition to a candidate | 2825 |
for any elective office in this state, including an office of a | 2826 |
political party. | 2827 |
(2) No candidate, campaign committee, political action | 2828 |
committee, political contributing entity, legislative campaign | 2829 |
fund, state candidate fund, political party, or separate | 2830 |
segregated fund shall solicit or accept a contribution, | 2831 |
expenditure, or independent expenditure from a foreign national. | 2832 |
The secretary of state may direct any candidate, committee, | 2833 |
entity, fund, or party that accepts a contribution, expenditure, | 2834 |
or independent expenditure in violation of this division to return | 2835 |
the contribution, expenditure, or independent expenditure or, if | 2836 |
it is not possible to return the contribution, expenditure, or | 2837 |
independent expenditure, then to return instead the value of it, | 2838 |
to the contributor. | 2839 |
(3) As used in division (W) of this section, "foreign | 2840 |
national" has the same meaning as in section 441e(b) of the | 2841 |
Federal Election Campaign Act. | 2842 |
(X)(1) No state or county political party shall transfer any | 2843 |
moneys from its restricted fund to any account of the political | 2844 |
party into which contributions may be made or from which | 2845 |
contributions or expenditures may be made. | 2846 |
(2)(a) No state or county political party shall deposit a | 2847 |
contribution or contributions that it receives into its restricted | 2848 |
fund. | 2849 |
(b) No state or county political party shall make a | 2850 |
contribution or an expenditure from its restricted fund. | 2851 |
(3)(a) No corporation or labor organization shall make a gift | 2852 |
or gifts from the corporation's or labor organization's money or | 2853 |
property aggregating more than ten thousand dollars to any one | 2854 |
state or county political party for the party's restricted fund in | 2855 |
a calendar year. | 2856 |
(b) No state or county political party shall accept a gift or | 2857 |
gifts for the party's restricted fund aggregating more than ten | 2858 |
thousand dollars from any one corporation or labor organization in | 2859 |
a calendar year. | 2860 |
(4) No state or county political party shall transfer any | 2861 |
moneys in the party's restricted fund to any other state or county | 2862 |
political party. | 2863 |
(5) No state or county political party shall knowingly fail | 2864 |
to file a statement required under section 3517.1012 of the | 2865 |
Revised Code. | 2866 |
(Y) The administrator of workers' compensation and the | 2867 |
employees of the bureau of workers' compensation shall not conduct | 2868 |
any business with or award any contract, other than one awarded by | 2869 |
competitive bidding, for the purchase of goods costing more than | 2870 |
five hundred dollars or services costing more than five hundred | 2871 |
dollars to any individual, partnership, association, including, | 2872 |
without limitation, a professional association organized under | 2873 |
Chapter 1785. of the Revised Code, estate, or trust, if the | 2874 |
individual has made, or the individual's spouse has made, or any | 2875 |
partner, shareholder, administrator, executor, or trustee, or the | 2876 |
spouses of any of those individuals has made, as an individual, | 2877 |
within the two previous calendar years, one or more contributions | 2878 |
totaling in excess of one thousand dollars to the campaign | 2879 |
committee of the governor or lieutenant governor or to the | 2880 |
campaign committee of any candidate for the office of governor or | 2881 |
lieutenant governor. | 2882 |
(Z) The administrator of workers' compensation and the | 2883 |
employees of the bureau of workers' compensation shall not conduct | 2884 |
business with or award any contract, other than one awarded by | 2885 |
competitive bidding, for the purchase of goods costing more than | 2886 |
five hundred dollars or services costing more than five hundred | 2887 |
dollars to a corporation or business trust, except a professional | 2888 |
association organized under Chapter 1785. of the Revised Code, if | 2889 |
an owner of more than twenty per cent of the corporation or | 2890 |
business trust, or the spouse of the owner, has made, as an | 2891 |
individual, within the two previous calendar years, taking into | 2892 |
consideration only owners for all of such period, one or more | 2893 |
contributions totaling in excess of one thousand dollars to the | 2894 |
campaign committee of the governor or lieutenant governor or to | 2895 |
the campaign committee of any candidate for the office of governor | 2896 |
or lieutenant governor. | 2897 |
(AA)(1) No person shall make a contribution for the purpose | 2898 |
of influencing the outcome of an election on a question or issue | 2899 |
to a person or entity that is not subject to the reporting | 2900 |
requirements of this chapter. | 2901 |
(2) A person or entity that is not subject to the reporting | 2902 |
requirements of this chapter shall not accept any contribution | 2903 |
from a person for the purpose of influencing the outcome of an | 2904 |
election on a question or issue. | 2905 |
Sec. 3517.153. (A) Upon the filing of a complaint with the | 2906 |
Ohio elections commission, which shall be made by affidavit of any | 2907 |
person, on personal knowledge, and subject to the penalties for | 2908 |
perjury, or upon the filing of a complaint made by the secretary | 2909 |
of state or an official at the board of elections, setting forth a | 2910 |
failure to comply with or a violation of any provision in sections | 2911 |
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, | 2912 |
or 3599.031 of the Revised Code, the commission shall proceed in | 2913 |
accordance with sections 3517.154 to 3517.157 of the Revised Code. | 2914 |
(B) The commission shall prescribe the form for complaints | 2915 |
made under division (A) of this section. The secretary of state | 2916 |
and boards of elections shall furnish the information that the | 2917 |
commission requests. The commission or a member of the commission | 2918 |
may administer oaths, and the commission may issue subpoenas to | 2919 |
any person in the state compelling the attendance of witnesses and | 2920 |
the production of relevant papers, books, accounts, and reports. | 2921 |
In the case of an alleged violation of division (AA) of section | 2922 |
3517.13 of the Revised Code, the commission may issue subpoenas to | 2923 |
any person inside or outside this state compelling the attendance | 2924 |
of witnesses and the production of relevant papers, books, | 2925 |
accounts, and reports, for the purpose of determining the source | 2926 |
and amounts of contributions made or accepted in violation of that | 2927 |
division. Section 101.42 of the Revised Code governs the issuance | 2928 |
of subpoenas insofar as applicable. Upon the refusal of any person | 2929 |
to obey a subpoena or to be sworn or to answer as a witness, the | 2930 |
commission may apply to the court of common pleas of Franklin | 2931 |
county under section 2705.03 of the Revised Code. The court shall | 2932 |
hold proceedings in accordance with Chapter 2705. of the Revised | 2933 |
Code. | 2934 |
(C) No prosecution shall commence for a violation of a | 2935 |
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, | 2936 |
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code | 2937 |
unless a complaint has been filed with the commission under this | 2938 |
section and all proceedings of the commission or a panel of the | 2939 |
commission, as appropriate, under sections 3517.154 to 3517.157 of | 2940 |
the Revised Code are completed. | 2941 |
(D) The commission may recommend legislation and render | 2942 |
advisory opinions concerning sections 3517.08, 3517.082, 3517.092, | 2943 |
3517.102, 3517.103, 3517.105, 3517.106, 3517.1014, 3517.13, | 2944 |
3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised | 2945 |
Code for persons over whose acts it has or may have jurisdiction. | 2946 |
When the commission renders an advisory opinion relating to a | 2947 |
specific set of circumstances involving any of those sections | 2948 |
stating that there is no violation of a provision in those | 2949 |
sections, the person to whom the opinion is directed or a person | 2950 |
who is similarly situated may reasonably rely on the opinion and | 2951 |
is immune from criminal prosecution and a civil action, including, | 2952 |
without limitation, a civil action for removal from public office | 2953 |
or employment, based on facts and circumstances covered by the | 2954 |
opinion. | 2955 |
(E) The commission shall establish a web site on which it | 2956 |
shall post, at a minimum, all decisions and advisory opinions | 2957 |
issued by the commission and copies of each election law as it is | 2958 |
amended by the general assembly. The commission shall update the | 2959 |
web site regularly to reflect any changes to those decisions and | 2960 |
advisory opinions and any new decisions and advisory opinions. | 2961 |
Sec. 3517.154. (A)(1) The full-time attorney for the Ohio | 2962 |
elections commission shall review each complaint filed with the | 2963 |
commission under section 3517.153 of the Revised Code, shall | 2964 |
determine the nature of the complaint, and, unless division | 2965 |
(A)(2)(a) of this section requires that the complaint receive an | 2966 |
automatic expedited hearing, shall make a recommendation to the | 2967 |
commission for its disposition, in accordance with this section. | 2968 |
The attorney shall make the determination and the recommendation, | 2969 |
if required, not later than one business day after the complaint | 2970 |
is filed. | 2971 |
(2)(a) If the attorney determines that the complaint sets | 2972 |
forth a violation of division (B) of section 3517.21 or division | 2973 |
(B) of section 3517.22 of the Revised Code and that the complaint | 2974 |
is filed during one of the periods of time specified in division | 2975 |
(B)(1) of section 3517.156 of the Revised Code, or that the | 2976 |
complaint sets forth a violation of section 3517.103 of the | 2977 |
Revised Code or a violation described in division (D) of section | 2978 |
3517.1010 of the Revised Code, the complaint shall receive an | 2979 |
automatic expedited hearing under section 3517.156 of the Revised | 2980 |
Code. | 2981 |
(b) If the attorney determines that the complaint sets forth | 2982 |
a failure to comply with or a violation of division (G), (I), (J), | 2983 |
(O), (P), or (Q) of section 3517.13, division (A) of section | 2984 |
3517.21, or division (A) of section 3517.22 of the Revised Code | 2985 |
and that the complaint is filed during one of the periods of time | 2986 |
specified in division (B)(1) of section 3517.156 of the Revised | 2987 |
Code, the attorney shall recommend to the commission that the | 2988 |
complaint receive an expedited hearing under section 3517.156 of | 2989 |
the Revised Code, and the complaint shall receive such a hearing. | 2990 |
(c) If the attorney determines that the complaint sets forth | 2991 |
a failure to comply with or a violation of a section of the | 2992 |
Revised Code over which the commission has jurisdiction to hear | 2993 |
complaints other than the sections described in divisions | 2994 |
(A)(2)(a) and (b) of this section, and unless the attorney makes a | 2995 |
determination as provided for in division (A)(3) of this section, | 2996 |
the attorney shall recommend to the commission that the complaint | 2997 |
be submitted to the commission under section 3517.155 of the | 2998 |
Revised Code. After the attorney makes that recommendation, the | 2999 |
attorney shall notify all parties to the complaint of the | 3000 |
attorney's recommendation. | 3001 |
(3)(a) If a complaint sets forth a failure to comply with or | 3002 |
a violation of a section of the Revised Code over which the | 3003 |
commission has jurisdiction to hear complaints other than the | 3004 |
sections described in divisions (A)(2)(a) and (b) of this section | 3005 |
and if the complaint is filed during one of the periods of time | 3006 |
specified in division (B)(1) of section 3517.156 of the Revised | 3007 |
Code, the attorney may determine that the complaint should receive | 3008 |
an expedited hearing under that section. The attorney shall make | 3009 |
that determination by considering one or more of the following: | 3010 |
(i) The number of prior failures to comply with or violations | 3011 |
of Title XXXV of the Revised Code that the person or entity | 3012 |
against whom the complaint has been brought has committed and any | 3013 |
prior penalties the commission has imposed on the person or | 3014 |
entity; | 3015 |
(ii) If the complaint involves a statement required to be | 3016 |
filed under section 3517.10, division (E) of section 3517.102, or | 3017 |
section 3517.103, 3517.105, 3517.106, 3517.107, 3517.108, | 3018 |
3517.109, 3517.1011, 3517.1012, or 3517.1014 of the Revised Code | 3019 |
or an addendum required to be filed under section 3517.11 of the | 3020 |
Revised Code that is filed late, how late the filing is and how | 3021 |
much time has elapsed between the deadline for filing the | 3022 |
statement or addendum and the filing of the complaint; | 3023 |
(iii) If the complaint involves contributions and | 3024 |
expenditures, contributions and disbursements, deposits and | 3025 |
disbursements, gifts and disbursements, | 3026 |
disbursements, or contributions and independent expenditures | 3027 |
required to be reported under section 3517.10, division (E) of | 3028 |
section 3517.102, or section 3517.105, 3517.106, 3517.107, | 3029 |
3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 | 3030 |
of the Revised Code that are either not reported or reported late, | 3031 |
the number of contributions and expenditures, contributions and | 3032 |
disbursements, deposits and disbursements, gifts and | 3033 |
disbursements, | 3034 |
and independent expenditures not reported or how late they were | 3035 |
reported; | 3036 |
(iv) If the complaint involves contributions required to be | 3037 |
reported by a campaign committee under section 3517.10, division | 3038 |
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, | 3039 |
or 3517.109 of the Revised Code that are not reported, whether any | 3040 |
of the contributors of the contributions not reported have a | 3041 |
personal or professional relationship with the campaign | 3042 |
committee's candidate; | 3043 |
(v) If the complaint involves a statement required to be | 3044 |
filed under section 3517.10, division (E) of section 3517.102, or | 3045 |
section 3517.103, 3517.105, 3517.106, 3517.107, 3517.108, | 3046 |
3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the | 3047 |
Revised Code that is incomplete, the degree to which it is | 3048 |
incomplete; | 3049 |
(vi) If the complaint involves the receipt of contributions | 3050 |
in violation of section 3599.03 of the Revised Code, the dollar | 3051 |
amount and number of contributions received in violation of that | 3052 |
section; | 3053 |
(vii) If the complaint involves a failure to make the | 3054 |
identification or a misstatement of the identification required | 3055 |
under section 3517.105, 3517.106, or 3517.20 of the Revised Code, | 3056 |
whether the failure or misstatement was purposely made; | 3057 |
(viii) If the complaint sets forth a failure to comply with | 3058 |
or a violation of a section of the Revised Code described in | 3059 |
division (A)(2)(c) of this section, whether the person or entity | 3060 |
against whom the complaint has been made has committed more than | 3061 |
one such failure or violation within a reasonable amount of time, | 3062 |
or whether the cumulative nature of the failures or violations | 3063 |
indicates a systematic disregard for the law. | 3064 |
(b) Prior to making a determination under division (A)(3)(a) | 3065 |
of this section that the complaint should receive an expedited | 3066 |
hearing under section 3517.156 of the Revised Code, the attorney | 3067 |
shall take into consideration the number of panels of the | 3068 |
commission that have cases pending before them and the number of | 3069 |
cases pending before the panels and shall not make a determination | 3070 |
that will place an undue burden on a panel of the commission. | 3071 |
(c) If the attorney determines that the complaint should | 3072 |
receive an expedited hearing under section 3517.156 of the Revised | 3073 |
Code, the attorney shall recommend to the commission that the | 3074 |
complaint receive an expedited hearing, and, if a majority of the | 3075 |
members of the commission agrees with the recommendation, the | 3076 |
complaint shall receive an expedited hearing under that section. | 3077 |
(4) The attorney may join two or more complaints if the | 3078 |
attorney determines that the allegations in each complaint are of | 3079 |
the same or similar character, are based on the same act or | 3080 |
failure to act, or are based on two or more acts or failures to | 3081 |
act constituting parts of a common scheme or plan. If one | 3082 |
complaint contains two or more allegations, the attorney may | 3083 |
separate the allegations if they are not of the same or similar | 3084 |
character, if they are not based on the same act or failure to | 3085 |
act, or if they are not based on two or more acts or failures to | 3086 |
act constituting parts of a common scheme or plan. If the attorney | 3087 |
separates the allegations in a complaint, the attorney may make | 3088 |
separate recommendations under division (A)(2) or (3) of this | 3089 |
section for each allegation. | 3090 |
(B) Whenever a person or other entity files a complaint with | 3091 |
the commission setting forth a failure to comply with or a | 3092 |
violation of a section of the Revised Code as described in | 3093 |
division (A)(2)(c) of this section and the complaint is filed | 3094 |
during one of the periods of time specified in division (B)(1) of | 3095 |
section 3517.156 of the Revised Code, the person or entity may | 3096 |
request an expedited hearing under that section at the time the | 3097 |
complaint is filed. The attorney for the commission shall inform | 3098 |
the members of the commission of that request at the time the | 3099 |
attorney makes a recommendation under division (A) of this | 3100 |
section. The commission may grant the request for an expedited | 3101 |
hearing under this division if it determines that an expedited | 3102 |
hearing is practicable. | 3103 |
Sec. 3517.20. (A)(1) As used in this section: | 3104 |
(a) "Political publication for or against a candidate" means | 3105 |
a notice, placard, advertisement, sample ballot, brochure, flyer, | 3106 |
direct mailer, or other form of general publication that is | 3107 |
designed to promote the nomination, election, or defeat of a | 3108 |
candidate. | 3109 |
(b) "Political publication for or against an issue" means a | 3110 |
notice, placard, advertisement, sample ballot, brochure, flyer, | 3111 |
direct mailer, or other form of general publication that is | 3112 |
designed to promote the adoption or defeat of a ballot issue or | 3113 |
question or to influence the voters in an election. | 3114 |
(c) "Public political advertising" means newspapers, | 3115 |
magazines, outdoor advertising facilities, direct mailings, or | 3116 |
other similar types of general public political advertising, or | 3117 |
flyers, handbills, or other nonperiodical printed matter. | 3118 |
(d) "Statewide candidate" has the same meaning as in section | 3119 |
3517.102 of the Revised Code. | 3120 |
(e) "Legislative candidate" means a candidate for the office | 3121 |
of member of the general assembly. | 3122 |
(f) "Local candidate" means a candidate for an elective | 3123 |
office of a political subdivision of this state. | 3124 |
(g) "Legislative campaign fund" has the same meaning as in | 3125 |
section 3517.01 of the Revised Code. | 3126 |
(h) "Limited political action committee" means a political | 3127 |
action committee of fewer than ten members. | 3128 |
(i) "Limited political contributing entity" means a political | 3129 |
contributing entity of fewer than ten members. | 3130 |
(j) "Designated amount" means one hundred dollars in the case | 3131 |
of a local candidate or a local ballot issue, two hundred fifty | 3132 |
dollars in the case of a legislative candidate, or five hundred | 3133 |
dollars in the case of a statewide candidate or a statewide ballot | 3134 |
issue. | 3135 |
(k) "To issue" includes to print, post, distribute, reproduce | 3136 |
for distribution, or cause to be issued, printed, posted, | 3137 |
distributed, or reproduced for distribution. | 3138 |
(l) "Telephone bank" means more than five hundred telephone | 3139 |
calls of an identical or substantially similar nature within any | 3140 |
thirty-day period, whether those telephone calls are made by | 3141 |
individual callers or by recording. | 3142 |
(2) No candidate, campaign committee, legislative campaign | 3143 |
fund, political party, or other entity, except a political action | 3144 |
committee or political contributing entity, shall issue a form of | 3145 |
political publication for or against a candidate, or shall make an | 3146 |
expenditure for the purpose of financing political communications | 3147 |
in support of or opposition to a candidate through public | 3148 |
political advertising, unless the name and residence or business | 3149 |
address of the candidate or the chairperson, treasurer, or | 3150 |
secretary of the campaign committee, legislative campaign fund, | 3151 |
political party, or other entity that issues or otherwise is | 3152 |
responsible for that political publication or that makes an | 3153 |
expenditure for that political communication appears in a | 3154 |
conspicuous place on that political publication or is contained | 3155 |
within that political communication. | 3156 |
(3) No limited political action committee or limited | 3157 |
political contributing entity shall do either of the following | 3158 |
unless the name and residence or business address of the | 3159 |
chairperson, treasurer, or secretary of the limited political | 3160 |
action committee or limited political contributing entity involved | 3161 |
appears in a conspicuous place in the political publication for or | 3162 |
against a candidate described in division (A)(3)(a) of this | 3163 |
section or is contained within the political communication | 3164 |
described in division (A)(3)(b) of this section: | 3165 |
(a) Issue a form of political publication for or against a | 3166 |
candidate that costs in excess of the designated amount or that is | 3167 |
issued in cooperation, consultation, or concert with, or at the | 3168 |
request or suggestion of, a candidate, a campaign committee, a | 3169 |
legislative campaign fund, a political party, a political action | 3170 |
committee with ten or more members, a political contributing | 3171 |
entity with ten or more members, or a limited political action | 3172 |
committee or limited political contributing entity that spends in | 3173 |
excess of the designated amount on a related or the same or | 3174 |
similar political publication for or against a candidate; | 3175 |
(b) Make an expenditure in excess of the designated amount in | 3176 |
support of or opposition to a candidate or make an expenditure in | 3177 |
cooperation, consultation, or concert with, or at the request or | 3178 |
suggestion of, a candidate, a campaign committee, a legislative | 3179 |
campaign fund, a political party, a political action committee | 3180 |
with ten or more members, a political contributing entity with ten | 3181 |
or more members, or a limited political action committee or | 3182 |
limited political contributing entity that spends in excess of the | 3183 |
designated amount in support of or opposition to the same | 3184 |
candidate, for the purpose of financing political communications | 3185 |
in support of or opposition to that candidate through public | 3186 |
political advertising. | 3187 |
(4) No political action committee with ten or more members | 3188 |
and no political contributing entity with ten or more members | 3189 |
shall issue a form of political publication for or against a | 3190 |
candidate, or shall make an expenditure for the purpose of | 3191 |
financing political communications in support of or opposition to | 3192 |
a candidate through public political advertising, unless the name | 3193 |
and residence or business address of the chairperson, treasurer, | 3194 |
or secretary of the political action committee or political | 3195 |
contributing entity that issues or otherwise is responsible for | 3196 |
that political publication or that makes an expenditure for that | 3197 |
political communication through public political advertising | 3198 |
appears in a conspicuous place in that political publication or is | 3199 |
contained within that political communication. | 3200 |
(5) No corporation, labor organization, campaign committee, | 3201 |
legislative campaign fund, political party, or other entity, | 3202 |
except a political action committee, shall issue a form of | 3203 |
political publication for or against an issue, or shall make an | 3204 |
expenditure for the purpose of financing political communications | 3205 |
in support of or opposition to a ballot issue or question through | 3206 |
public political advertising, unless the name and residence or | 3207 |
business address of the chairperson, treasurer, or secretary of | 3208 |
the corporation, labor organization, campaign committee, | 3209 |
legislative campaign fund, political party, or other entity that | 3210 |
issues or otherwise is responsible for that political publication | 3211 |
or that makes an expenditure for that political communication | 3212 |
through public political advertising appears in a conspicuous | 3213 |
place in that political publication or is contained within that | 3214 |
political communication. | 3215 |
(6) No limited political action committee shall do either of | 3216 |
the following unless the name and residence or business address of | 3217 |
the chairperson, treasurer, or secretary of the limited political | 3218 |
action committee involved appears in a conspicuous place in the | 3219 |
political publication for or against a ballot issue described in | 3220 |
division (A)(6)(a) of this section or is contained within the | 3221 |
political communication described in division (A)(6)(b) of this | 3222 |
section: | 3223 |
(a) Issue a form of political publication for or against a | 3224 |
ballot issue that costs in excess of the designated amount or that | 3225 |
is issued in cooperation, consultation, or concert with, or at the | 3226 |
request or suggestion of, a candidate, a campaign committee, a | 3227 |
legislative campaign fund, a political party, a political action | 3228 |
committee with ten or more members, or a limited political action | 3229 |
committee that spends in excess of the designated amount for a | 3230 |
related or the same or similar political publication for or | 3231 |
against an issue; | 3232 |
(b) Make an expenditure in excess of the designated amount in | 3233 |
support of or opposition to a ballot issue or make an expenditure | 3234 |
in cooperation, consultation, or concert with, or at the request | 3235 |
or suggestion of, a candidate, a campaign committee, a legislative | 3236 |
campaign fund, a political party, a political action committee | 3237 |
with ten or more members, or a limited political action committee | 3238 |
that spends in excess of the designated amount in support of or | 3239 |
opposition to the same ballot issue, for the purpose of financing | 3240 |
political communications in support of or opposition to that | 3241 |
ballot issue through public political advertising. | 3242 |
(7) No political action committee with ten or more members | 3243 |
shall issue a form of political publication for or against an | 3244 |
issue, or shall make an expenditure for the purpose of financing | 3245 |
political communications in support of or opposition to a ballot | 3246 |
issue or question through public political advertising, unless the | 3247 |
name and residence or business address of the chairperson, | 3248 |
treasurer, or secretary of the political action committee that | 3249 |
issues or otherwise is responsible for that political publication | 3250 |
or that makes an expenditure for that political communication | 3251 |
appears in a conspicuous place in that political publication or is | 3252 |
contained within that political communication. | 3253 |
(8) The disclaimer "paid political advertisement" is not | 3254 |
sufficient to meet the requirements of this section. | 3255 |
(9) If the political publication described in division (A) of | 3256 |
this section is issued by the regularly constituted central or | 3257 |
executive committee of a political party that is organized as | 3258 |
provided in this chapter, it shall be sufficiently identified if | 3259 |
it bears the name of the committee and its chairperson or | 3260 |
treasurer. | 3261 |
(10) If more than one piece of printed matter or printed | 3262 |
political communications are mailed as a single packet, the | 3263 |
requirements of division (A) of this section are met if one of the | 3264 |
pieces of printed matter or printed political communications in | 3265 |
the packet contains the name and residence or business address of | 3266 |
the chairperson, treasurer, or secretary of the organization or | 3267 |
entity that issues or is responsible for the printed matter or | 3268 |
other printed political communications. | 3269 |
(11) This section does not apply to the transmittal of | 3270 |
personal correspondence that is not reproduced by machine for | 3271 |
general distribution. | 3272 |
(12) The secretary of state, by rule, may exempt from the | 3273 |
requirements of this section, printed matter and certain other | 3274 |
kinds of printed communications such as campaign buttons, | 3275 |
balloons, pencils, or similar items, the size or nature of which | 3276 |
makes it unreasonable to add an identification or disclaimer. | 3277 |
(13) The disclaimer or identification described in division | 3278 |
(A) of this section, when paid for by a campaign committee, shall | 3279 |
be identified by the words "paid for by" followed by the name and | 3280 |
address of the campaign committee and the appropriate officer of | 3281 |
the committee, identified by name and title. The identification or | 3282 |
disclaimer may use reasonable abbreviations for common terms such | 3283 |
as "treasurer" or "committee". | 3284 |
(B)(1) | 3285 |
Revised Code, no candidate, campaign committee, legislative | 3286 |
campaign fund, political party, political action committee, | 3287 |
limited political action committee, political contributing entity, | 3288 |
limited political contributing entity, or other entity shall utter | 3289 |
or cause to be uttered, over the broadcasting facilities of any | 3290 |
radio or television station within this state, any communication | 3291 |
that is designed to promote the nomination, election, or defeat of | 3292 |
a candidate, or the adoption or defeat of an issue or to influence | 3293 |
the voters in an election, unless the speaker identifies the | 3294 |
speaker with the speaker's name and residence address or unless | 3295 |
the communication identifies the chairperson, treasurer, or | 3296 |
secretary of the organization responsible for the communication | 3297 |
with the name and residence or business address of that officer, | 3298 |
except that communications by radio need not broadcast the | 3299 |
residence or business address of the officer. However, a radio | 3300 |
station, for a period of at least six months, shall keep the | 3301 |
residence or business address on file and divulge it to any person | 3302 |
upon request. | 3303 |
No person operating a broadcast station or an organ of | 3304 |
printed media shall broadcast or print a paid political | 3305 |
communication that does not contain the identification required by | 3306 |
this section. | 3307 |
(2) Division (B) of this section does not apply to any | 3308 |
communications made on behalf of a radio or television station or | 3309 |
network by any employee of such radio or television station or | 3310 |
network while acting in the course of the employee's employment. | 3311 |
(3) No candidate or entity described in division (B)(1) of | 3312 |
this section shall use or cause to be used a false, fictitious, or | 3313 |
fraudulent name or address in the making or issuing of a | 3314 |
publication or communication included within the provisions of | 3315 |
this section. | 3316 |
(C) No candidate, campaign committee, legislative campaign | 3317 |
fund, political party, political action committee, limited | 3318 |
political action committee, political contributing entity, limited | 3319 |
political contributing entity, or other person or entity shall | 3320 |
conduct a telephone bank for the purpose of promoting the | 3321 |
nomination, election, or defeat of a candidate or the adoption or | 3322 |
defeat of an issue or to influence the voters in an election, | 3323 |
unless the call includes a disclaimer that identifies the name of | 3324 |
the candidate, campaign committee, legislative campaign fund, | 3325 |
political party, political action committee, limited political | 3326 |
action committee, political contributing entity, limited political | 3327 |
contributing entity, or other person or entity paying for the | 3328 |
telephone bank. | 3329 |
(D) Before a prosecution may commence under this section, a | 3330 |
complaint shall be filed with the Ohio elections commission under | 3331 |
section 3517.153 of the Revised Code. After the complaint is | 3332 |
filed, the commission shall proceed in accordance with sections | 3333 |
3517.154 to 3517.157 of the Revised Code. | 3334 |
Sec. 3517.992. This section establishes penalties only with | 3335 |
respect to acts or failures to act that occur on and after August | 3336 |
24, 1995. | 3337 |
(A)(1) A candidate whose campaign committee violates | 3338 |
division (A), (B), (C), (D), or (V) of section 3517.13 of the | 3339 |
Revised Code, or a treasurer of a campaign committee who violates | 3340 |
any of those divisions, shall be fined not more than one hundred | 3341 |
dollars for each day of violation. | 3342 |
(2) Whoever violates division (E) or (X)(5) of section | 3343 |
3517.13 or division (E)(1) of section 3517.1014 of the Revised | 3344 |
Code shall be fined not more than one hundred dollars for each day | 3345 |
of violation. | 3346 |
(B) A political party that violates division (F)(1) of | 3347 |
section 3517.101 of the Revised Code shall be fined not more than | 3348 |
one hundred dollars for each day of violation. | 3349 |
(C) Whoever violates division (F)(2) of section 3517.101, | 3350 |
division (G) of section 3517.13, or division (E)(2) or (3) of | 3351 |
section 3517.1014 of the Revised Code shall be fined not more than | 3352 |
ten thousand dollars or, if the offender is a person who was | 3353 |
nominated or elected to public office, shall forfeit the | 3354 |
nomination or the office to which the offender was elected, or | 3355 |
both. | 3356 |
(D) Whoever violates division (F) of section 3517.13 of the | 3357 |
Revised Code shall be fined not more than three times the amount | 3358 |
contributed. | 3359 |
(E) Whoever violates division (H) of section 3517.13 of the | 3360 |
Revised Code shall be fined not more than one hundred dollars. | 3361 |
(F) Whoever violates division (O), (P), or (Q) of section | 3362 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 3363 |
first degree. | 3364 |
(G) A state or county committee of a political party that | 3365 |
violates division (B)(1) of section 3517.18 of the Revised Code | 3366 |
shall be fined not more than twice the amount of the improper | 3367 |
expenditure. | 3368 |
(H) A state or county political party that violates division | 3369 |
(G) of section 3517.101 of the Revised Code shall be fined not | 3370 |
more than twice the amount of the improper expenditure or use. | 3371 |
(I)(1) Any individual who violates division (B)(1) of section | 3372 |
3517.102 of the Revised Code and knows that the contribution the | 3373 |
individual makes violates that division shall be fined an amount | 3374 |
equal to three times the amount contributed in excess of the | 3375 |
amount permitted by that division. | 3376 |
(2) Any political action committee that violates division | 3377 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 3378 |
amount equal to three times the amount contributed in excess of | 3379 |
the amount permitted by that division. | 3380 |
(3) Any campaign committee that violates division (B)(3) or | 3381 |
(5) of section 3517.102 of the Revised Code shall be fined an | 3382 |
amount equal to three times the amount contributed in excess of | 3383 |
the amount permitted by that division. | 3384 |
(4)(a) Any legislative campaign fund that violates division | 3385 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 3386 |
amount equal to three times the amount transferred or contributed | 3387 |
in excess of the amount permitted by that division, as applicable. | 3388 |
(b) Any state political party, county political party, or | 3389 |
state candidate fund of a state political party or county | 3390 |
political party that violates division (B)(6) of section 3517.102 | 3391 |
of the Revised Code shall be fined an amount equal to three times | 3392 |
the amount transferred or contributed in excess of the amount | 3393 |
permitted by that division, as applicable. | 3394 |
(c) Any political contributing entity that violates division | 3395 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 3396 |
amount equal to three times the amount contributed in excess of | 3397 |
the amount permitted by that division. | 3398 |
(5) Any political party that violates division (B)(4) of | 3399 |
section 3517.102 of the Revised Code shall be fined an amount | 3400 |
equal to three times the amount contributed in excess of the | 3401 |
amount permitted by that division. | 3402 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 3403 |
of this section, no violation of division (B) of section 3517.102 | 3404 |
of the Revised Code occurs, and the secretary of state shall not | 3405 |
refer parties to the Ohio elections commission, if the amount | 3406 |
transferred or contributed in excess of the amount permitted by | 3407 |
that division meets either of the following conditions: | 3408 |
(a) It is completely refunded within five business days after | 3409 |
it is accepted. | 3410 |
(b) It is completely refunded on or before the tenth business | 3411 |
day after notification to the recipient of the excess transfer or | 3412 |
contribution by the board of elections or the secretary of state | 3413 |
that a transfer or contribution in excess of the permitted amount | 3414 |
has been received. | 3415 |
(J)(1) Any campaign committee that violates division (C)(1), | 3416 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 3417 |
fined an amount equal to three times the amount accepted in excess | 3418 |
of the amount permitted by that division. | 3419 |
(2)(a) Any county political party that violates division | 3420 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 3421 |
shall be fined an amount equal to three times the amount accepted. | 3422 |
(b) Any county political party that violates division | 3423 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 3424 |
fined an amount from its state candidate fund equal to three times | 3425 |
the amount accepted in excess of the amount permitted by that | 3426 |
division. | 3427 |
(c) Any state political party that violates division | 3428 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 3429 |
an amount from its state candidate fund equal to three times the | 3430 |
amount accepted in excess of the amount permitted by that | 3431 |
division. | 3432 |
(3) Any legislative campaign fund that violates division | 3433 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 3434 |
amount equal to three times the amount accepted in excess of the | 3435 |
amount permitted by that division. | 3436 |
(4) Any political action committee or political contributing | 3437 |
entity that violates division (C)(7) of section 3517.102 of the | 3438 |
Revised Code shall be fined an amount equal to three times the | 3439 |
amount accepted in excess of the amount permitted by that | 3440 |
division. | 3441 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 3442 |
this section, no violation of division (C) of section 3517.102 of | 3443 |
the Revised Code occurs, and the secretary of state shall not | 3444 |
refer parties to the Ohio elections commission, if the amount | 3445 |
transferred or contributed in excess of the amount permitted to be | 3446 |
accepted by that division meets either of the following | 3447 |
conditions: | 3448 |
(a) It is completely refunded within five business days after | 3449 |
its acceptance. | 3450 |
(b) It is completely refunded on or before the tenth business | 3451 |
day after notification to the recipient of the excess transfer or | 3452 |
contribution by the board of elections or the secretary of state | 3453 |
that a transfer or contribution in excess of the permitted amount | 3454 |
has been received. | 3455 |
(K)(1) Any legislative campaign fund that violates division | 3456 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 3457 |
twenty-five dollars for each day of violation. | 3458 |
(2) Any legislative campaign fund that violates division | 3459 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 3460 |
treasurer of state for deposit into the state treasury to the | 3461 |
credit of the Ohio elections commission fund all excess | 3462 |
contributions not disposed of as required by division (E) of | 3463 |
section 3517.102 of the Revised Code. | 3464 |
(L) Whoever violates section 3517.105 of the Revised Code | 3465 |
shall be fined one thousand dollars. | 3466 |
(M)(1) Whoever solicits a contribution in violation of | 3467 |
section 3517.092 or violates division (B) of section 3517.09 of | 3468 |
the Revised Code is guilty of a misdemeanor of the first degree. | 3469 |
(2) Whoever knowingly accepts a contribution in violation of | 3470 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 3471 |
be fined an amount equal to three times the amount accepted in | 3472 |
violation of either of those divisions and shall return to the | 3473 |
contributor any amount so accepted. Whoever unknowingly accepts a | 3474 |
contribution in violation of division (B) or (C) of section | 3475 |
3517.092 of the Revised Code shall return to the contributor any | 3476 |
amount so accepted. | 3477 |
(N) Whoever violates division (S) of section 3517.13 of the | 3478 |
Revised Code shall be fined an amount equal to three times the | 3479 |
amount of funds transferred or three times the value of the assets | 3480 |
transferred in violation of that division. | 3481 |
(O) Any campaign committee that accepts a contribution or | 3482 |
contributions in violation of section 3517.108 of the Revised | 3483 |
Code, uses a contribution in violation of that section, or fails | 3484 |
to dispose of excess contributions in violation of that section | 3485 |
shall be fined an amount equal to three times the amount accepted, | 3486 |
used, or kept in violation of that section. | 3487 |
(P) Any political party, state candidate fund, legislative | 3488 |
candidate fund, or campaign committee that violates division (T) | 3489 |
of section 3517.13 of the Revised Code shall be fined an amount | 3490 |
equal to three times the amount contributed or accepted in | 3491 |
violation of that section. | 3492 |
(Q) A treasurer of a committee or another person who violates | 3493 |
division (U) of section 3517.13 of the Revised Code shall be fined | 3494 |
not more than two hundred fifty dollars. | 3495 |
(R) Whoever violates division (I) or (J) of section 3517.13 | 3496 |
of the Revised Code shall be fined not more than one thousand | 3497 |
dollars. Whenever a person is found guilty of violating division | 3498 |
(I) or (J) of section 3517.13 of the Revised Code, the contract | 3499 |
awarded in violation of either of those divisions shall be | 3500 |
rescinded if its terms have not yet been performed. | 3501 |
(S) A candidate whose campaign committee violates or a | 3502 |
treasurer of a campaign committee who violates section 3517.081 of | 3503 |
the Revised Code, and a candidate whose campaign committee | 3504 |
violates or a treasurer of a campaign committee or another person | 3505 |
who violates division (C) of section 3517.10 of the Revised Code, | 3506 |
shall be fined not more than five hundred dollars. | 3507 |
(T) A candidate whose campaign committee violates or a | 3508 |
treasurer of a committee who violates division (B) of section | 3509 |
3517.09 of the Revised Code, or a candidate whose campaign | 3510 |
committee violates or a treasurer of a campaign committee or | 3511 |
another person who violates division (C) of section 3517.09 of the | 3512 |
Revised Code shall be fined not more than one thousand dollars. | 3513 |
(U) Whoever violates division (E) of section 3517.106 or | 3514 |
section 3517.20 of the Revised Code shall be fined not more than | 3515 |
five hundred dollars. | 3516 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 3517 |
Revised Code shall be imprisoned for not more than six months or | 3518 |
fined not more than five thousand dollars, or both. | 3519 |
(W) A campaign committee that is required to file a | 3520 |
declaration of no limits under division (D)(2) of section 3517.103 | 3521 |
of the Revised Code that, before filing that declaration, accepts | 3522 |
a contribution or contributions that exceed the limitations | 3523 |
prescribed in section 3517.102 of the Revised Code, shall return | 3524 |
that contribution or those contributions to the contributor. | 3525 |
(X) Any campaign committee that fails to file the declaration | 3526 |
of filing-day finances required by division (F) of section | 3527 |
3517.109 of the Revised Code or the declaration of primary-day | 3528 |
finances or declaration of year-end finances required by division | 3529 |
(E) of section 3517.1010 of the Revised Code shall be fined | 3530 |
twenty-five dollars for each day of violation. | 3531 |
(Y)(1) Any campaign committee that fails to dispose of excess | 3532 |
funds or excess aggregate contributions under division (B) of | 3533 |
section 3517.109 of the Revised Code in the manner required by | 3534 |
division (C) of that section or under division (B) of section | 3535 |
3517.1010 of the Revised Code in the manner required by division | 3536 |
(C) of that section shall give to the treasurer of state for | 3537 |
deposit into the Ohio elections commission fund created under | 3538 |
division (I) of section 3517.152 of the Revised Code all funds not | 3539 |
disposed of pursuant to those divisions. | 3540 |
(2) Any treasurer of a transition fund that fails to dispose | 3541 |
of assets remaining in the transition fund as required under | 3542 |
division (H)(1) or (2) of section 3517.1014 of the Revised Code | 3543 |
shall give to the treasurer of state for deposit into the Ohio | 3544 |
elections commission fund all assets not disposed of pursuant to | 3545 |
that division. | 3546 |
(Z) Any individual, campaign committee, political action | 3547 |
committee, political contributing entity, legislative campaign | 3548 |
fund, political party, treasurer of a transition fund, or other | 3549 |
entity that violates any provision of sections 3517.09 to 3517.12 | 3550 |
of the Revised Code for which no penalty is provided for under any | 3551 |
other division of this section shall be fined not more than one | 3552 |
thousand dollars. | 3553 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 3554 |
3517.13 of the Revised Code shall be fined an amount equal to | 3555 |
three times the amount contributed, expended, or promised in | 3556 |
violation of that division or ten thousand dollars, whichever | 3557 |
amount is greater. | 3558 |
(2) Whoever knowingly violates division (W)(2) of section | 3559 |
3517.13 of the Revised Code shall be fined an amount equal to | 3560 |
three times the amount solicited or accepted in violation of that | 3561 |
division or ten thousand dollars, whichever amount is greater. | 3562 |
(BB) Whoever knowingly violates division (C) or (D) of | 3563 |
section 3517.1011 of the Revised Code shall be fined not more than | 3564 |
ten thousand dollars plus not more than one thousand dollars for | 3565 |
each day of violation. | 3566 |
(CC) | 3567 |
3568 | |
3569 | |
3570 | |
3571 |
| 3572 |
3573 | |
3574 | |
3575 | |
3576 | |
3577 | |
3578 |
| 3579 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 3580 |
fined an amount equal to three times the amount given in excess of | 3581 |
the amount permitted by that division. | 3582 |
(2) Any state or county political party that violates | 3583 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 3584 |
fined an amount equal to three times the amount accepted in excess | 3585 |
of the amount permitted by that division. | 3586 |
| 3587 |
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code | 3588 |
shall be fined an amount equal to three times the amount donated | 3589 |
in excess of the amount permitted by that division. | 3590 |
(2) Any officeholder or treasurer of a transition fund who | 3591 |
violates division (C)(3)(a) or (b) of section 3517.1014 of the | 3592 |
Revised Code shall be fined an amount equal to three times the | 3593 |
amount accepted in excess of the amount permitted by that | 3594 |
division. | 3595 |
(EE)(1) Whoever violates division (B)(1), (C), or (D) of | 3596 |
section 3517.106 of the Revised Code shall be fined three times | 3597 |
the amount of the independent expenditure or contribution made in | 3598 |
violation of that division. | 3599 |
(2) Whoever violates division (F) of section 3517.106 of the | 3600 |
Revised Code shall be fined not more than one thousand dollars for | 3601 |
each day of violation. | 3602 |
(FF) Whoever violates division (AA) of section 3517.13 of the | 3603 |
Revised Code shall be fined the larger of either one thousand | 3604 |
dollars or three times the amount contributed or accepted in | 3605 |
violation of that division. If the amount contributed or accepted | 3606 |
in violation of that division cannot be determined, the amount | 3607 |
fined shall be one thousand dollars. | 3608 |
Sec. 3599.03. (A)(1) Except | 3609 |
3610 | |
3611 | |
3612 | |
3613 | |
3517.106 of the Revised Code, no corporation, no nonprofit | 3614 |
corporation, and no labor organization, directly or indirectly, | 3615 |
shall pay or use, or offer, advise, consent, or agree to pay or | 3616 |
use, the corporation's money or property, or the labor | 3617 |
organization's money, including dues, initiation fees, or other | 3618 |
assessments paid by members, or property, | 3619 |
3620 | |
candidate for election or nomination to public office, a political | 3621 |
action committee including a political action committee of the | 3622 |
corporation or labor organization, or a legislative campaign fund, | 3623 |
3624 | |
3625 | |
requiring the filing of an affidavit or statement respecting such | 3626 |
use of those funds, or shall pay or use the corporation's or labor | 3627 |
organization's money for the expenses of a social fund-raising | 3628 |
event for its political action committee if an employee's or labor | 3629 |
organization member's right to attend such an event is predicated | 3630 |
on the employee's or member's contribution to the corporation's or | 3631 |
labor organization's political action committee. | 3632 |
(2) Whoever violates division (A)(1) of this section shall be | 3633 |
fined not less than five hundred nor more than five thousand | 3634 |
dollars. | 3635 |
(B)(1) No officer, stockholder, attorney, or agent of a | 3636 |
corporation or nonprofit corporation, no member, including an | 3637 |
officer, attorney, or agent, of a labor organization, and no | 3638 |
candidate, political party official, or other individual shall | 3639 |
knowingly aid, advise, solicit, or receive money or other property | 3640 |
in violation of division (A)(1) of this section. | 3641 |
(2) Whoever violates division (B)(1) of this section shall be | 3642 |
fined not more than one thousand dollars, or imprisoned not more | 3643 |
than one year, or both. | 3644 |
(C)(1) A corporation, a nonprofit corporation, or a labor | 3645 |
organization may use its funds or property to make an independent | 3646 |
expenditure for or in aid of or opposition to a candidate or a | 3647 |
proposed or certified ballot issue. Such use of funds or property | 3648 |
shall be reported on a form prescribed by the secretary of state. | 3649 |
3650 |
(2) Reports of independent expenditures regarding a candidate | 3651 |
shall be filed under division (F) of section 3517.106 of the | 3652 |
Revised Code. | 3653 |
(3) Reports of contributions in connection with statewide | 3654 |
ballot issues shall be filed with the secretary of state. Reports | 3655 |
of contributions in connection with local issues shall be filed | 3656 |
with the board of elections of the most populous county of the | 3657 |
district in which the issue is submitted or to be submitted to the | 3658 |
electors. Reports made pursuant to this division shall be filed by | 3659 |
the times specified in divisions (A)(1) and (2) of section 3517.10 | 3660 |
of the Revised Code. | 3661 |
(D)(1) Any gift made pursuant to section 3517.101 of the | 3662 |
Revised Code does not constitute a violation of this section or of | 3663 |
any other section of the Revised Code. | 3664 |
(2) Any gift made pursuant to division (A)(2) of section | 3665 |
3517.1012 of the Revised Code does not constitute a violation of | 3666 |
this section. | 3667 |
(3) Any gift made pursuant to division (B) of section | 3668 |
3517.1013 of the Revised Code does not constitute a violation of | 3669 |
this section. | 3670 |
(4) Any donation made pursuant to division (C)(1) of section | 3671 |
3517.1014 of the Revised Code does not constitute a violation of | 3672 |
this section. | 3673 |
(E) Any compensation or fees paid by a financial institution | 3674 |
to a state political party for services rendered pursuant to | 3675 |
division (B) of section 3517.19 of the Revised Code do not | 3676 |
constitute a violation of this section or of any other section of | 3677 |
the Revised Code. | 3678 |
(F)(1) | 3679 |
prohibited from making a contribution or independent expenditure | 3680 |
under section 3517.106 of the Revised Code may use its money or | 3681 |
property for communicating information for a purpose specified in | 3682 |
division (A) of this section | 3683 |
without violating section 3517.106 of the Revised Code if the | 3684 |
stockholders, members, donors, trustees, or officers of the | 3685 |
nonprofit corporation are the predominant recipients of the | 3686 |
communication. | 3687 |
(2) The placement of a campaign sign on the property of a | 3688 |
corporation, nonprofit corporation, or labor organization is not a | 3689 |
3690 | |
section by that corporation, nonprofit corporation, or labor | 3691 |
organization. | 3692 |
(3) | 3693 |
is prohibited from making a contribution or independent | 3694 |
expenditure under section 3517.106 of the Revised Code may use its | 3695 |
money or property for communicating information for a purpose | 3696 |
specified in division (A) of this section | 3697 |
3698 | |
Code if it is not a communication made by mass broadcast such as | 3699 |
radio or television or made by advertising in a newspaper of | 3700 |
general circulation but is a communication sent exclusively to | 3701 |
members, employees, officers, or trustees of that labor | 3702 |
organization or shareholders, employees, officers, or directors of | 3703 |
that corporation or to members of the immediate families of any | 3704 |
such individuals or if the communication intended to be so sent | 3705 |
exclusively is unintentionally sent as well to a de minimis number | 3706 |
of other individuals. | 3707 |
(G) In addition to the laws listed in division (A) of section | 3708 |
4117.10 of the Revised Code that prevail over conflicting | 3709 |
agreements between employee organizations and public employers, | 3710 |
this section prevails over any conflicting provisions of | 3711 |
agreements between labor organizations and public employers that | 3712 |
are entered into on or after March 31, 2005, pursuant to Chapter | 3713 |
4117. of the Revised Code. | 3714 |
(H) As used in this section, "labor organization" has the | 3715 |
same meaning as in section 3517.01 of the Revised Code. | 3716 |
Sec. 5727.61. Every public utility required by law to make | 3717 |
returns, statements, or reports to the tax commissioner under | 3718 |
sections 5727.01 to 5727.62 of the Revised Code shall file | 3719 |
therewith, in such form as the commissioner prescribes, an | 3720 |
affidavit subscribed and sworn to by a person or officer having | 3721 |
knowledge of the facts setting forth that such public utility has | 3722 |
not, during the preceding year, except as permitted | 3723 |
3724 | |
Code, directly or indirectly paid, used or offered, consented, or | 3725 |
agreed to pay or use any of its money or property | 3726 |
3727 | |
candidate for election or nomination to public office, | 3728 |
political action committee, or legislative campaign fund | 3729 |
3730 | |
3731 | |
3732 | |
indemnification of any person for money or property so used. Such | 3733 |
forms of affidavit as the commissioner prescribes shall be | 3734 |
attached to or made a part of the return, statement, or report | 3735 |
required to be made by such public utility under sections 5727.01 | 3736 |
to 5727.62 of the Revised Code. | 3737 |
Sec. 5733.27. Every corporation required by law to make | 3738 |
returns, statements, or reports to the tax commissioner shall file | 3739 |
therewith, in such form as the commissioner prescribes, an | 3740 |
affidavit subscribed and sworn to by a person or officer having | 3741 |
knowledge of the facts setting forth that such corporation has | 3742 |
not, during the preceding year, except as permitted | 3743 |
3744 | |
Code, directly or indirectly paid, used or offered, consented, or | 3745 |
agreed to pay or use any of its money or property | 3746 |
3747 | |
candidate for election or nomination to public office,
| 3748 |
political action committee, or legislative campaign fund | 3749 |
3750 | |
3751 | |
3752 | |
indemnification of any person for money or property so used. Such | 3753 |
forms of affidavit as the commissioner prescribes shall be | 3754 |
attached to or made a part of the return, statement, or report | 3755 |
required to be made by such corporation. | 3756 |
Section 2. That existing sections 3517.01, 3517.10, | 3757 |
3517.105, 3517.106, 3517.1011, 3517.11, 3517.13, 3517.153, | 3758 |
3517.154, 3517.20, 3517.992, 3599.03, 5727.61, and 5733.27 of the | 3759 |
Revised Code are hereby repealed. | 3760 |