As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 222

Senator Husted 

Cosponsors: Senators Jones, Sawyer, Niehaus 

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A BILL

To amend sections 3517.01 and 3517.10 and to enact

1

section 3517.1014 of the Revised Code to require

2

vendors to disclose to campaign committees all

3

expenditures made on their behalf and to require

4

campaign committees to report all expenditures

5

made by third parties on their behalf.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3517.01 and 3517.10 be amended and	7
section 3517.1014 of the Revised Code be enacted to read as	8
follows:	9

Sec. 3517.01.  (A)(1) A political party within the meaning of	10
Title XXXV of the Revised Code is any group of voters that, at the	11
most recent regular state election, polled for its candidate for	12
governor in the state or nominees for presidential electors at	13
least five per cent of the entire vote cast for that office or	14
that filed with the secretary of state, subsequent to any election	15
in which it received less than five per cent of that vote, a	16
petition signed by qualified electors equal in number to at least	17
one per cent of the total vote for governor or nominees for	18
presidential electors at the most recent election, declaring their	19
intention of organizing a political party, the name of which shall	20
be stated in the declaration, and of participating in the	21
succeeding primary election, held in even-numbered years, that	22
occurs more than one hundred twenty days after the date of filing.	23
No such group of electors shall assume a name or designation that	24
is similar, in the opinion of the secretary of state, to that of	25
an existing political party as to confuse or mislead the voters at	26
an election. If any political party fails to cast five per cent of	27
the total vote cast at an election for the office of governor or	28
president, it shall cease to be a political party.	29

(2) A campaign committee shall be legally liable for any	30
debts, contracts, or expenditures incurred or executed in its	31
name.	32

(B) Notwithstanding the definitions found in section 3501.01	33
of the Revised Code, as used in this section and sections 3517.08	34
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	35

(1) "Campaign committee" means a candidate or a combination	36
of two or more persons authorized by a candidate under section	37
3517.081 of the Revised Code to receive contributions and make	38
expenditures.	39

(2) "Campaign treasurer" means an individual appointed by a	40
candidate under section 3517.081 of the Revised Code.	41

(3) "Candidate" has the same meaning as in division (H) of	42
section 3501.01 of the Revised Code and also includes any person	43
who, at any time before or after an election, receives	44
contributions or makes expenditures or other use of contributions,	45
has given consent for another to receive contributions or make	46
expenditures or other use of contributions, or appoints a campaign	47
treasurer, for the purpose of bringing about the person's	48
nomination or election to public office. When two persons jointly	49
seek the offices of governor and lieutenant governor, "candidate"	50
means the pair of candidates jointly. "Candidate" does not include	51
candidates for election to the offices of member of a county or	52
state central committee, presidential elector, and delegate to a	53
national convention or conference of a political party.	54

(4) "Continuing association" means an association, other than	55
a campaign committee, political party, legislative campaign fund,	56
political contributing entity, or labor organization, that is	57
intended to be a permanent organization that has a primary purpose	58
other than supporting or opposing specific candidates, political	59
parties, or ballot issues, and that functions on a regular basis	60
throughout the year. "Continuing association" includes	61
organizations that are determined to be not organized for profit	62
under subsection 501 and that are described in subsection	63
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	64

(5) "Contribution" means a loan, gift, deposit, forgiveness	65
of indebtedness, donation, advance, payment, or transfer of funds	66
or anything of value, including a transfer of funds from an inter	67
vivos or testamentary trust or decedent's estate, and the payment	68
by any person other than the person to whom the services are	69
rendered for the personal services of another person, which	70
contribution is made, received, or used for the purpose of	71
influencing the results of an election. Any loan, gift, deposit,	72
forgiveness of indebtedness, donation, advance, payment, or	73
transfer of funds or of anything of value, including a transfer of	74
funds from an inter vivos or testamentary trust or decedent's	75
estate, and the payment by any campaign committee, political	76
action committee, legislative campaign fund, political party,	77
political contributing entity, or person other than the person to	78
whom the services are rendered for the personal services of	79
another person, that is made, received, or used by a state or	80
county political party, other than moneys a state or county	81
political party receives from the Ohio political party fund	82
pursuant to section 3517.17 of the Revised Code and the moneys a	83
state or county political party may receive under sections	84
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	85
considered to be a "contribution" for the purpose of section	86
3517.10 of the Revised Code and shall be included on a statement	87
of contributions filed under that section.	88

"Contribution" does not include any of the following:

89

(a) Services provided without compensation by individuals	90
volunteering a portion or all of their time on behalf of a person;	91

(b) Ordinary home hospitality;

92

(c) The personal expenses of a volunteer paid for by that	93
volunteer campaign worker;	94

(d) Any gift given to a state or county political party	95
pursuant to section 3517.101 of the Revised Code. As used in	96
division (B)(5)(d) of this section, "political party" means only a	97
major political party;	98

(e) Any contribution as defined in section 3517.1011 of the	99
Revised Code that is made, received, or used to pay the direct	100
costs of producing or airing an electioneering communication;	101

(f) Any gift given to a state or county political party for	102
the party's restricted fund under division (A)(2) of section	103
3517.1012 of the Revised Code;	104

(g) Any gift given to a state political party for deposit in	105
a Levin account pursuant to section 3517.1013 of the Revised Code.	106
As used in this division, "Levin account" has the same meaning as	107
in that section.	108

(6) "Expenditure" means the disbursement or use of a	109
contribution for the purpose of influencing the results of an	110
election or of making a charitable donation under division (G) of	111
section 3517.08 of the Revised Code. Any disbursement or use of a	112
contribution by a state or county political party is an	113
expenditure and shall be considered either to be made for the	114
purpose of influencing the results of an election or to be made as	115
a charitable donation under division (G) of section 3517.08 of the	116
Revised Code and shall be reported on a statement of expenditures	117
filed under section 3517.10 of the Revised Code. During the thirty	118
days preceding a primary or general election, any disbursement to	119
pay the direct costs of producing or airing a broadcast, cable, or	120
satellite communication that refers to a clearly identified	121
candidate shall be considered to be made for the purpose of	122
influencing the results of that election and shall be reported as	123
an expenditure or as an independent expenditure under section	124
3517.10 or 3517.105 of the Revised Code, as applicable, except	125
that the information required to be reported regarding	126
contributors for those expenditures or independent expenditures	127
shall be the same as the information required to be reported under	128
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	129

As used in this division, "broadcast, cable, or satellite	130
communication" and "refers to a clearly identified candidate" have	131
the same meanings as in section 3517.1011 of the Revised Code.	132

(7) "Personal expenses" includes, but is not limited to,	133
ordinary expenses for accommodations, clothing, food, personal	134
motor vehicle or airplane, and home telephone.	135

(8) "Political action committee" means a combination of two	136
or more persons, the primary or major purpose of which is to	137
support or oppose any candidate, political party, or issue, or to	138
influence the result of any election through express advocacy, and	139
that is not a political party, a campaign committee, a political	140
contributing entity, or a legislative campaign fund. "Political	141
action committee" does not include either of the following:	142

(a) A continuing association that makes disbursements for the	143
direct costs of producing or airing electioneering communications	144
and that does not engage in express advocacy;	145

(b) A political club that is formed primarily for social	146
purposes and that consists of one hundred members or less, has	147
officers and periodic meetings, has less than two thousand five	148
hundred dollars in its treasury at all times, and makes an	149
aggregate total contribution of one thousand dollars or less per	150
calendar year.	151

(9) "Public office" means any state, county, municipal,	152
township, or district office, except an office of a political	153
party, that is filled by an election and the offices of United	154
States senator and representative.	155

(10) "Anything of value" has the same meaning as in section	156
1.03 of the Revised Code.	157

(11) "Beneficiary of a campaign fund" means a candidate, a	158
public official or employee for whose benefit a campaign fund	159
exists, and any other person who has ever been a candidate or	160
public official or employee and for whose benefit a campaign fund	161
exists.	162

(12) "Campaign fund" means money or other property, including	163
contributions.	164

(13) "Public official or employee" has the same meaning as in	165
section 102.01 of the Revised Code.	166

(14) "Caucus" means all of the members of the house of	167
representatives or all of the members of the senate of the general	168
assembly who are members of the same political party.	169

(15) "Legislative campaign fund" means a fund that is	170
established as an auxiliary of a state political party and	171
associated with one of the houses of the general assembly.	172

(16) "In-kind contribution" means anything of value other	173
than money that is used to influence the results of an election or	174
is transferred to or used in support of or in opposition to a	175
candidate, campaign committee, legislative campaign fund,	176
political party, political action committee, or political	177
contributing entity and that is made with the consent of, in	178
coordination, cooperation, or consultation with, or at the request	179
or suggestion of the benefited candidate, committee, fund, party,	180
or entity. The financing of the dissemination, distribution, or	181
republication, in whole or part, of any broadcast or of any	182
written, graphic, or other form of campaign materials prepared by	183
the candidate, the candidate's campaign committee, or their	184
authorized agents is an in-kind contribution to the candidate and	185
an expenditure by the candidate.	186

(17) "Independent expenditure" means an expenditure by a	187
person advocating the election or defeat of an identified	188
candidate or candidates, that is not made with the consent of, in	189
coordination, cooperation, or consultation with, or at the request	190
or suggestion of any candidate or candidates or of the campaign	191
committee or agent of the candidate or candidates. As used in	192
division (B)(17) of this section:	193

(a) "Person" means an individual, partnership, unincorporated	194
business organization or association, political action committee,	195
political contributing entity, separate segregated fund,	196
association, or other organization or group of persons, but not a	197
labor organization or a corporation unless the labor organization	198
or corporation is a political contributing entity.	199

(b) "Advocating" means any communication containing a message	200
advocating election or defeat.	201

(c) "Identified candidate" means that the name of the	202
candidate appears, a photograph or drawing of the candidate	203
appears, or the identity of the candidate is otherwise apparent by	204
unambiguous reference.	205

(d) "Made in coordination, cooperation, or consultation with,	206
or at the request or suggestion of, any candidate or the campaign	207
committee or agent of the candidate" means made pursuant to any	208
arrangement, coordination, or direction by the candidate, the	209
candidate's campaign committee, or the candidate's agent prior to	210
the publication, distribution, display, or broadcast of the	211
communication. An expenditure is presumed to be so made when it is	212
any of the following:	213

(i) Based on information about the candidate's plans,	214
projects, or needs provided to the person making the expenditure	215
by the candidate, or by the candidate's campaign committee or	216
agent, with a view toward having an expenditure made;	217

(ii) Made by or through any person who is, or has been,	218
authorized to raise or expend funds, who is, or has been, an	219
officer of the candidate's campaign committee, or who is, or has	220
been, receiving any form of compensation or reimbursement from the	221
candidate or the candidate's campaign committee or agent;	222

(iii) Except as otherwise provided in division (D) of section	223
3517.105 of the Revised Code, made by a political party in support	224
of a candidate, unless the expenditure is made by a political	225
party to conduct voter registration or voter education efforts.	226

(e) "Agent" means any person who has actual oral or written	227
authority, either express or implied, to make or to authorize the	228
making of expenditures on behalf of a candidate, or means any	229
person who has been placed in a position with the candidate's	230
campaign committee or organization such that it would reasonably	231
appear that in the ordinary course of campaign-related activities	232
the person may authorize expenditures.	233

(18) "Labor organization" means a labor union; an employee	234
organization; a federation of labor unions, groups, locals, or	235
other employee organizations; an auxiliary of a labor union,	236
employee organization, or federation of labor unions, groups,	237
locals, or other employee organizations; or any other bona fide	238
organization in which employees participate and that exists for	239
the purpose, in whole or in part, of dealing with employers	240
concerning grievances, labor disputes, wages, hours, and other	241
terms and conditions of employment.	242

(19) "Separate segregated fund" means a separate segregated	243
fund established pursuant to the Federal Election Campaign Act.	244

(20) "Federal Election Campaign Act" means the "Federal	245
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	246
seq., as amended.	247

(21) "Restricted fund" means the fund a state or county	248
political party must establish under division (A)(1) of section	249
3517.1012 of the Revised Code.	250

(22) "Electioneering communication" has the same meaning as	251
in section 3517.1011 of the Revised Code.	252

(23) "Express advocacy" means a communication that contains	253
express words advocating the nomination, election, or defeat of a	254
candidate or that contains express words advocating the adoption	255
or defeat of a question or issue, as determined by a final	256
judgment of a court of competent jurisdiction.	257

(24) "Political committee" has the same meaning as in section	258
3517.1011 of the Revised Code.	259

(25) "Political contributing entity" means any entity,	260
including a corporation or labor organization, that may lawfully	261
make contributions and expenditures and that is not an individual	262
or a political action committee, continuing association, campaign	263
committee, political party, legislative campaign fund, designated	264
state campaign committee, or state candidate fund. For purposes of	265
this division, "lawfully" means not prohibited by any section of	266
the Revised Code, or authorized by a final judgment of a court of	267
competent jurisdiction.	268

(26) "Vendor" means any individual, party, or entity who is	269
employed by, contractually related to, or otherwise affiliated	270
with a candidate or a campaign committee, that makes an	271
expenditure on behalf of, in support of, or in opposition to, a	272
candidate or a campaign committee.	273

Sec. 3517.10.  (A) Except as otherwise provided in this	274
division, every campaign committee, political action committee,	275
legislative campaign fund, political party, and political	276
contributing entity that made or received a contribution or made	277
an expenditure in connection with the nomination or election of	278
any candidate or in connection with any ballot issue or question	279
at any election held or to be held in this state shall file, on a	280
form prescribed under this section or by electronic means of	281
transmission as provided in this section and section 3517.106 of	282
the Revised Code, a full, true, and itemized statement, made under	283
penalty of election falsification, setting forth in detail the	284
contributions and expenditures, not later than four p.m. of the	285
following dates:	286

(1) The twelfth day before the election to reflect	287
contributions received and expenditures made from the close of	288
business on the last day reflected in the last previously filed	289
statement, if any, to the close of business on the twentieth day	290
before the election;	291

(2) The thirty-eighth day after the election to reflect the	292
contributions received and expenditures made from the close of	293
business on the last day reflected in the last previously filed	294
statement, if any, to the close of business on the seventh day	295
before the filing of the statement;	296

(3) The last business day of January of every year to reflect	297
the contributions received and expenditures made from the close of	298
business on the last day reflected in the last previously filed	299
statement, if any, to the close of business on the last day of	300
December of the previous year;	301

(4) The last business day of July of every year to reflect	302
the contributions received and expenditures made from the close of	303
business on the last day reflected in the last previously filed	304
statement, if any, to the close of business on the last day of	305
June of that year.	306

A campaign committee shall only be required to file the	307
statements prescribed under divisions (A)(1) and (2) of this	308
section in connection with the nomination or election of the	309
committee's candidate.	310

The statement required under division (A)(1) of this section	311
shall not be required of any campaign committee, political action	312
committee, legislative campaign fund, political party, or	313
political contributing entity that has received contributions of	314
less than one thousand dollars and has made expenditures of less	315
than one thousand dollars at the close of business on the	316
twentieth day before the election. Those contributions and	317
expenditures shall be reported in the statement required under	318
division (A)(2) of this section.	319

If an election to select candidates to appear on the general	320
election ballot is held within sixty days before a general	321
election, the campaign committee of a successful candidate in the	322
earlier election may file the statement required by division	323
(A)(1) of this section for the general election instead of the	324
statement required by division (A)(2) of this section for the	325
earlier election if the pregeneral election statement reflects the	326
status of contributions and expenditures for the period twenty	327
days before the earlier election to twenty days before the general	328
election.	329

If a person becomes a candidate less than twenty days before	330
an election, the candidate's campaign committee is not required to	331
file the statement required by division (A)(1) of this section.	332

No statement under division (A)(3) of this section shall be	333
required for any year in which a campaign committee, political	334
action committee, legislative campaign fund, political party, or	335
political contributing entity is required to file a postgeneral	336
election statement under division (A)(2) of this section. However,	337
a statement under division (A)(3) of this section may be filed, at	338
the option of the campaign committee, political action committee,	339
legislative campaign fund, political party, or political	340
contributing entity.	341

No campaign committee of a candidate for the office of chief	342
justice or justice of the supreme court, and no campaign committee	343
of a candidate for the office of judge of any court in this state,	344
shall be required to file a statement under division (A)(4) of	345
this section.	346

Except as otherwise provided in this paragraph and in the	347
next paragraph of this section, the only campaign committees	348
required to file a statement under division (A)(4) of this section	349
are the campaign committee of a statewide candidate and the	350
campaign committee of a candidate for county office. The campaign	351
committee of a candidate for any other nonjudicial office is	352
required to file a statement under division (A)(4) of this section	353
if that campaign committee receives, during that period,	354
contributions exceeding ten thousand dollars.	355

No statement under division (A)(4) of this section shall be	356
required of a campaign committee, a political action committee, a	357
legislative campaign fund, a political party, or a political	358
contributing entity for any year in which the campaign committee,	359
political action committee, legislative campaign fund, political	360
party, or political contributing entity is required to file a	361
postprimary election statement under division (A)(2) of this	362
section. However, a statement under division (A)(4) of this	363
section may be filed at the option of the campaign committee,	364
political action committee, legislative campaign fund, political	365
party, or political contributing entity.	366

No statement under division (A)(3) or (4) of this section	367
shall be required if the campaign committee, political action	368
committee, legislative campaign fund, political party, or	369
political contributing entity has no contributions that it has	370
received and no expenditures that it has made since the last date	371
reflected in its last previously filed statement. However, the	372
campaign committee, political action committee, legislative	373
campaign fund, political party, or political contributing entity	374
shall file a statement to that effect, on a form prescribed under	375
this section and made under penalty of election falsification, on	376
the date required in division (A)(3) or (4) of this section, as	377
applicable.	378

The campaign committee of a statewide candidate shall file a	379
monthly statement of contributions received during each of the	380
months of July, August, and September in the year of the general	381
election in which the candidate seeks office. The campaign	382
committee of a statewide candidate shall file the monthly	383
statement not later than three business days after the last day of	384
the month covered by the statement. During the period beginning on	385
the nineteenth day before the general election in which a	386
statewide candidate seeks election to office and extending through	387
the day of that general election, each time the campaign committee	388
of the joint candidates for the offices of governor and lieutenant	389
governor or of a candidate for the office of secretary of state,	390
auditor of state, treasurer of state, or attorney general receives	391
a contribution from a contributor that causes the aggregate amount	392
of contributions received from that contributor during that period	393
to equal or exceed ten thousand dollars and each time the campaign	394
committee of a candidate for the office of chief justice or	395
justice of the supreme court receives a contribution from a	396
contributor that causes the aggregate amount of contributions	397
received from that contributor during that period to exceed ten	398
thousand dollars, the campaign committee shall file a	399
two-business-day statement reflecting that contribution. During	400
the period beginning on the nineteenth day before a primary	401
election in which a candidate for statewide office seeks	402
nomination to office and extending through the day of that primary	403
election, each time either the campaign committee of a statewide	404
candidate in that primary election that files a notice under	405
division (C)(1) of section 3517.103 of the Revised Code or the	406
campaign committee of a statewide candidate in that primary	407
election to which, in accordance with division (D) of section	408
3517.103 of the Revised Code, the contribution limitations	409
prescribed in section 3517.102 of the Revised Code no longer apply	410
receives a contribution from a contributor that causes the	411
aggregate amount of contributions received from that contributor	412
during that period to exceed ten thousand dollars, the campaign	413
committee shall file a two-business-day statement reflecting that	414
contribution. Contributions reported on a two-business-day	415
statement required to be filed by a campaign committee of a	416
statewide candidate in a primary election shall also be included	417
in the postprimary election statement required to be filed by that	418
campaign committee under division (A)(2) of this section. A	419
two-business-day statement required by this paragraph shall be	420
filed not later than two business days after receipt of the	421
contribution. The statements required by this paragraph shall be	422
filed in addition to any other statements required by this	423
section.	424

Subject to the secretary of state having implemented, tested,	425
and verified the successful operation of any system the secretary	426
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	427
this section and division (H)(1) of section 3517.106 of the	428
Revised Code for the filing of campaign finance statements by	429
electronic means of transmission, a campaign committee of a	430
statewide candidate shall file a two-business-day statement under	431
the preceding paragraph by electronic means of transmission if the	432
campaign committee is required to file a pre-election,	433
postelection, or monthly statement of contributions and	434
expenditures by electronic means of transmission under this	435
section or section 3517.106 of the Revised Code.	436

If a campaign committee or political action committee has no	437
balance on hand and no outstanding obligations and desires to	438
terminate itself, it shall file a statement to that effect, on a	439
form prescribed under this section and made under penalty of	440
election falsification, with the official with whom it files a	441
statement under division (A) of this section after filing a final	442
statement of contributions and a final statement of expenditures,	443
if contributions have been received or expenditures made since the	444
period reflected in its last previously filed statement.	445

(B) Except as otherwise provided in division (C)(7) of this	446
section, each statement required by division (A) of this section	447
shall contain the following information:	448

(1) The full name and address of each campaign committee,	449
political action committee, legislative campaign fund, political	450
party, or political contributing entity, including any treasurer	451
of the committee, fund, party, or entity, filing a contribution	452
and expenditure statement;	453

(2)(a) In the case of a campaign committee, the candidate's	454
full name and address;	455

(b) In the case of a political action committee, the	456
registration number assigned to the committee under division	457
(D)(1) of this section.	458

(3) The date of the election and whether it was or will be a	459
general, primary, or special election;	460

(4) A statement of contributions received, which shall	461
include the following information:	462

(a) The month, day, and year of the contribution;

463

(b)(i) The full name and address of each person, political	464
party, campaign committee, legislative campaign fund, political	465
action committee, or political contributing entity from whom	466
contributions are received and the registration number assigned to	467
the political action committee under division (D)(1) of this	468
section. The requirement of filing the full address does not apply	469
to any statement filed by a state or local committee of a	470
political party, to a finance committee of such committee, or to a	471
committee recognized by a state or local committee as its	472
fund-raising auxiliary. Notwithstanding division (F) of this	473
section, the requirement of filing the full address shall be	474
considered as being met if the address filed is the same address	475
the contributor provided under division (E)(1) of this section.	476

(ii) If a political action committee, political contributing	477
entity, legislative campaign fund, or political party that is	478
required to file campaign finance statements by electronic means	479
of transmission under section 3517.106 of the Revised Code or a	480
campaign committee of a statewide candidate or candidate for the	481
office of member of the general assembly receives a contribution	482
from an individual that exceeds one hundred dollars, the name of	483
the individual's current employer, if any, or, if the individual	484
is self-employed, the individual's occupation and the name of the	485
individual's business, if any;	486

(iii) If a campaign committee of a statewide candidate or	487
candidate for the office of member of the general assembly	488
receives a contribution transmitted pursuant to section 3599.031	489
of the Revised Code from amounts deducted from the wages and	490
salaries of two or more employees that exceeds in the aggregate	491
one hundred dollars during any one filing period under division	492
(A)(1), (2), (3), or (4) of this section, the full name of the	493
employees' employer and the full name of the labor organization of	494
which the employees are members, if any.	495

(c) A description of the contribution received, if other than	496
money;	497

(d) The value in dollars and cents of the contribution;

498

(e) A separately itemized account of all contributions and	499
expenditures regardless of the amount, except a receipt of a	500
contribution from a person in the sum of twenty-five dollars or	501
less at one social or fund-raising activity and a receipt of a	502
contribution transmitted pursuant to section 3599.031 of the	503
Revised Code from amounts deducted from the wages and salaries of	504
employees if the contribution from the amount deducted from the	505
wages and salary of any one employee is twenty-five dollars or	506
less aggregated in a calendar year. An account of the total	507
contributions from each social or fund-raising activity shall	508
include a description of and the value of each in-kind	509
contribution received at that activity from any person who made	510
one or more such contributions whose aggregate value exceeded two	511
hundred fifty dollars and shall be listed separately, together	512
with the expenses incurred and paid in connection with that	513
activity. A campaign committee, political action committee,	514
legislative campaign fund, political party, or political	515
contributing entity shall keep records of contributions from each	516
person in the amount of twenty-five dollars or less at one social	517
or fund-raising activity and contributions from amounts deducted	518
under section 3599.031 of the Revised Code from the wages and	519
salary of each employee in the amount of twenty-five dollars or	520
less aggregated in a calendar year. No continuing association that	521
is recognized by a state or local committee of a political party	522
as an auxiliary of the party and that makes a contribution from	523
funds derived solely from regular dues paid by members of the	524
auxiliary shall be required to list the name or address of any	525
members who paid those dues.	526

Contributions that are other income shall be itemized	527
separately from all other contributions. The information required	528
under division (B)(4) of this section shall be provided for all	529
other income itemized. As used in this paragraph, "other income"	530
means a loan, investment income, or interest income.	531

(f) In the case of a campaign committee of a state elected	532
officer, if a person doing business with the state elected officer	533
in the officer's official capacity makes a contribution to the	534
campaign committee of that officer, the information required under	535
division (B)(4) of this section in regard to that contribution,	536
which shall be filed together with and considered a part of the	537
committee's statement of contributions as required under division	538
(A) of this section but shall be filed on a separate form provided	539
by the secretary of state. As used in this division:	540

(i) "State elected officer" has the same meaning as in	541
section 3517.092 of the Revised Code.	542

(ii) "Person doing business" means a person or an officer of	543
an entity who enters into one or more contracts with a state	544
elected officer or anyone authorized to enter into contracts on	545
behalf of that officer to receive payments for goods or services,	546
if the payments total, in the aggregate, more than five thousand	547
dollars during a calendar year.	548

(5) A statement of expenditures which shall include the	549
following information:	550

(a) The month, day, and year of the expenditure;

551

(b) The full name and address of each person, political	552
party, campaign committee, legislative campaign fund, political	553
action committee, or political contributing entity to whom the	554
expenditure was made and the registration number assigned to the	555
political action committee under division (D)(1) of this section;	556

(c) The object or purpose for which the expenditure was made;

557

(d) The amount of each expenditure;

558

(e) In the case of a campaign committee, the full name and	559
address of each vendor to whom an expenditure was made and an	560
itemized record of all expenditure information reported by the	561
vendor to the campaign committee under section 3517.1014 of the	562
Revised Code.	563

(C)(1) The statement of contributions and expenditures shall	564
be signed by the person completing the form. If a statement of	565
contributions and expenditures is filed by electronic means of	566
transmission pursuant to this section or section 3517.106 of the	567
Revised Code, the electronic signature of the person who executes	568
the statement and transmits the statement by electronic means of	569
transmission, as provided in division (H) of section 3517.106 of	570
the Revised Code, shall be attached to or associated with the	571
statement and shall be binding on all persons and for all purposes	572
under the campaign finance reporting law as if the signature had	573
been handwritten in ink on a printed form.	574

(2) The person filing the statement, under penalty of	575
election falsification, shall include with it a list of each	576
anonymous contribution, the circumstances under which it was	577
received, and the reason it cannot be attributed to a specific	578
donor.	579

(3) Each statement of a campaign committee of a candidate who	580
holds public office shall contain a designation of each	581
contributor who is an employee in any unit or department under the	582
candidate's direct supervision and control. In a space provided in	583
the statement, the person filing the statement shall affirm that	584
each such contribution was voluntarily made.	585

(4) A campaign committee that did not receive contributions	586
or make expenditures in connection with the nomination or election	587
of its candidate shall file a statement to that effect, on a form	588
prescribed under this section and made under penalty of election	589
falsification, on the date required in division (A)(2) of this	590
section.	591

(5) The campaign committee of any person who attempts to	592
become a candidate and who, for any reason, does not become	593
certified in accordance with Title XXXV of the Revised Code for	594
placement on the official ballot of a primary, general, or special	595
election to be held in this state, and who, at any time prior to	596
or after an election, receives contributions or makes	597
expenditures, or has given consent for another to receive	598
contributions or make expenditures, for the purpose of bringing	599
about the person's nomination or election to public office, shall	600
file the statement or statements prescribed by this section and a	601
termination statement, if applicable. Division (C)(5) of this	602
section does not apply to any person with respect to an election	603
to the offices of member of a county or state central committee,	604
presidential elector, or delegate to a national convention or	605
conference of a political party.	606

(6)(a) The statements required to be filed under this section	607
shall specify the balance in the hands of the campaign committee,	608
political action committee, legislative campaign fund, political	609
party, or political contributing entity and the disposition	610
intended to be made of that balance.	611

(b) The secretary of state shall prescribe the form for all	612
statements required to be filed under this section and shall	613
furnish the forms to the boards of elections in the several	614
counties. The boards of elections shall supply printed copies of	615
those forms without charge. The secretary of state shall prescribe	616
the appropriate methodology, protocol, and data file structure for	617
statements required or permitted to be filed by electronic means	618
of transmission under division (A) of this section, divisions (E),	619
(F), and (G) of section 3517.106, division (D) of section	620
3517.1011, division (B) of section 3517.1012, and division (C) of	621
section 3517.1013 of the Revised Code. Subject to division (A) of	622
this section, divisions (E), (F), and (G) of section 3517.106,	623
division (D) of section 3517.1011, division (B) of section	624
3517.1012, and division (C) of section 3517.1013 of the Revised	625
Code, the statements required to be stored on computer by the	626
secretary of state under division (B) of section 3517.106 of the	627
Revised Code shall be filed in whatever format the secretary of	628
state considers necessary to enable the secretary of state to	629
store the information contained in the statements on computer. Any	630
such format shall be of a type and nature that is readily	631
available to whoever is required to file the statements in that	632
format.	633

(c) The secretary of state shall assess the need for training	634
regarding the filing of campaign finance statements by electronic	635
means of transmission and regarding associated technologies for	636
candidates, campaign committees, political action committees,	637
legislative campaign funds, political parties, or political	638
contributing entities, for individuals, partnerships, or other	639
entities, or for persons making disbursements to pay the direct	640
costs of producing or airing electioneering communications,	641
required or permitted to file statements by electronic means of	642
transmission under this section or section 3517.105, 3517.106,	643
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the	644
opinion of the secretary of state, training in these areas is	645
necessary, the secretary of state shall arrange for the provision	646
of voluntary training programs for candidates, campaign	647
committees, political action committees, legislative campaign	648
funds, political parties, or political contributing entities, for	649
individuals, partnerships, and other entities, or for persons	650
making disbursements to pay the direct costs of producing or	651
airing electioneering communications, as appropriate.	652

(7) Each monthly statement and each two-business-day	653
statement required by division (A) of this section shall contain	654
the information required by divisions (B)(1) to (4), (C)(2), and,	655
if appropriate, (C)(3) of this section. Each statement shall be	656
signed as required by division (C)(1) of this section.	657

(D)(1) Prior to receiving a contribution or making an	658
expenditure, every campaign committee, political action committee,	659
legislative campaign fund, political party, or political	660
contributing entity shall appoint a treasurer and shall file, on a	661
form prescribed by the secretary of state, a designation of that	662
appointment, including the full name and address of the treasurer	663
and of the campaign committee, political action committee,	664
legislative campaign fund, political party, or political	665
contributing entity. That designation shall be filed with the	666
official with whom the campaign committee, political action	667
committee, legislative campaign fund, political party, or	668
political contributing entity is required to file statements under	669
section 3517.11 of the Revised Code. The name of a campaign	670
committee shall include at least the last name of the campaign	671
committee's candidate. If two or more candidates are the	672
beneficiaries of a single campaign committee under division (B) of	673
section 3517.081 of the Revised Code, the name of the campaign	674
committee shall include at least the last name of each candidate	675
who is a beneficiary of that campaign committee. The secretary of	676
state shall assign a registration number to each political action	677
committee that files a designation of the appointment of a	678
treasurer under this division if the political action committee is	679
required by division (A)(1) of section 3517.11 of the Revised Code	680
to file the statements prescribed by this section with the	681
secretary of state.	682

(2) The treasurer appointed under division (D)(1) of this	683
section shall keep a strict account of all contributions, from	684
whom received and the purpose for which they were disbursed.	685

(3)(a) Except as otherwise provided in section 3517.108 of	686
the Revised Code, a campaign committee shall deposit all monetary	687
contributions received by the committee into an account separate	688
from a personal or business account of the candidate or campaign	689
committee.	690

(b) A political action committee shall deposit all monetary	691
contributions received by the committee into an account separate	692
from all other funds.	693

(c) A state or county political party may establish a state	694
candidate fund that is separate from an account that contains the	695
public moneys received from the Ohio political party fund under	696
section 3517.17 of the Revised Code and from all other funds. A	697
state or county political party may deposit into its state	698
candidate fund any amounts of monetary contributions that are made	699
to or accepted by the political party subject to the applicable	700
limitations, if any, prescribed in section 3517.102 of the Revised	701
Code. A state or county political party shall deposit all other	702
monetary contributions received by the party into one or more	703
accounts that are separate from its state candidate fund and from	704
its account that contains the public moneys received from the Ohio	705
political party fund under section 3517.17 of the Revised Code.	706

(d) Each state political party shall have only one	707
legislative campaign fund for each house of the general assembly.	708
Each such fund shall be separate from any other funds or accounts	709
of that state party. A legislative campaign fund is authorized to	710
receive contributions and make expenditures for the primary	711
purpose of furthering the election of candidates who are members	712
of that political party to the house of the general assembly with	713
which that legislative campaign fund is associated. Each	714
legislative campaign fund shall be administered and controlled in	715
a manner designated by the caucus. As used in this division,	716
"caucus" has the same meaning as in section 3517.01 of the Revised	717
Code and includes, as an ex officio member, the chairperson of the	718
state political party with which the caucus is associated or that	719
chairperson's designee.	720

(4) Every expenditure in excess of twenty-five dollars shall	721
be vouched for by a receipted bill, stating the purpose of the	722
expenditure, that shall be filed with the statement of	723
expenditures. A canceled check with a notation of the purpose of	724
the expenditure is a receipted bill for purposes of division	725
(D)(4) of this section.	726

(5) The secretary of state or the board of elections, as the	727
case may be, shall issue a receipt for each statement filed under	728
this section and shall preserve a copy of the receipt for a period	729
of at least six years. All statements filed under this section	730
shall be open to public inspection in the office where they are	731
filed and shall be carefully preserved for a period of at least	732
six years after the year in which they are filed.	733

(6) The secretary of state, by rule adopted pursuant to	734
section 3517.23 of the Revised Code, shall prescribe both of the	735
following:	736

(a) The manner of immediately acknowledging, with date and	737
time received, and preserving the receipt of statements that are	738
transmitted by electronic means of transmission to the secretary	739
of state pursuant to this section or section 3517.106, 3517.1011,	740
3517.1012, or 3517.1013 of the Revised Code;	741

(b) The manner of preserving the contribution and	742
expenditure, contribution and disbursement, deposit and	743
disbursement, or gift and disbursement information in the	744
statements described in division (D)(6)(a) of this section. The	745
secretary of state shall preserve the contribution and	746
expenditure, contribution and disbursement, deposit and	747
disbursement, or gift and disbursement information in those	748
statements for at least ten years after the year in which they are	749
filed by electronic means of transmission.	750

(7) The secretary of state, pursuant to division (I) of	751
section 3517.106 of the Revised Code, shall make available online	752
to the public through the internet the contribution and	753
expenditure, contribution and disbursement, deposit and	754
disbursement, or gift and disbursement information in all	755
statements, all addenda, amendments, or other corrections to	756
statements, and all amended statements filed with the secretary of	757
state by electronic or other means of transmission under this	758
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or	759
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of	760
the Revised Code. The secretary of state may remove the	761
information from the internet after a reasonable period of time.	762

(E)(1) Any person, political party, campaign committee,	763
legislative campaign fund, political action committee, or	764
political contributing entity that makes a contribution in	765
connection with the nomination or election of any candidate or in	766
connection with any ballot issue or question at any election held	767
or to be held in this state shall provide its full name and	768
address to the recipient of the contribution at the time the	769
contribution is made. The political action committee also shall	770
provide the registration number assigned to the committee under	771
division (D)(1) of this section to the recipient of the	772
contribution at the time the contribution is made.	773

(2) Any individual who makes a contribution that exceeds one	774
hundred dollars to a political action committee, political	775
contributing entity, legislative campaign fund, or political party	776
or to a campaign committee of a statewide candidate or candidate	777
for the office of member of the general assembly shall provide the	778
name of the individual's current employer, if any, or, if the	779
individual is self-employed, the individual's occupation and the	780
name of the individual's business, if any, to the recipient of the	781
contribution at the time the contribution is made. Sections	782
3599.39 and 3599.40 of the Revised Code do not apply to division	783
(E)(2) of this section.	784

(3) If a campaign committee shows that it has exercised its	785
best efforts to obtain, maintain, and submit the information	786
required under divisions (B)(4)(b)(ii) and (iii) of this section,	787
that committee is considered to have met the requirements of those	788
divisions. A campaign committee shall not be considered to have	789
exercised its best efforts unless, in connection with written	790
solicitations, it regularly includes a written request for the	791
information required under division (B)(4)(b)(ii) of this section	792
from the contributor or the information required under division	793
(B)(4)(b)(iii) of this section from whoever transmits the	794
contribution.	795

(4) Any check that a political action committee uses to make	796
a contribution or an expenditure shall contain the full name and	797
address of the committee and the registration number assigned to	798
the committee under division (D)(1) of this section.	799

(F) As used in this section:

800

(1)(a) Except as otherwise provided in division (F)(1) of	801
this section, "address" means all of the following if they exist:	802
apartment number, street, road, or highway name and number, rural	803
delivery route number, city or village, state, and zip code as	804
used in a person's post-office address, but not post-office box.	805

(b) Except as otherwise provided in division (F)(1) of this	806
section, if an address is required in this section, a post-office	807
box and office, room, or suite number may be included in addition	808
to, but not in lieu of, an apartment, street, road, or highway	809
name and number.	810

(c) If an address is required in this section, a campaign	811
committee, political action committee, legislative campaign fund,	812
political party, or political contributing entity may use the	813
business or residence address of its treasurer or deputy	814
treasurer. The post-office box number of the campaign committee,	815
political action committee, legislative campaign fund, political	816
party, or political contributing entity may be used in addition to	817
that address.	818

(d) For the sole purpose of a campaign committee's reporting	819
of contributions on a statement of contributions received under	820
division (B)(4) of this section, "address" has one of the	821
following meanings at the option of the campaign committee:	822

(i) The same meaning as in division (F)(1)(a) of this	823
section;	824

(ii) All of the following, if they exist: the contributor's	825
post-office box number and city or village, state, and zip code as	826
used in the contributor's post-office address.	827

(e) As used with regard to the reporting under this section	828
of any expenditure, "address" means all of the following if they	829
exist: apartment number, street, road, or highway name and number,	830
rural delivery route number, city or village, state, and zip code	831
as used in a person's post-office address, or post-office box. If	832
an address concerning any expenditure is required in this section,	833
a campaign committee, political action committee, legislative	834
campaign fund, political party, or political contributing entity	835
may use the business or residence address of its treasurer or	836
deputy treasurer or its post-office box number.	837

(2) "Statewide candidate" means the joint candidates for the	838
offices of governor and lieutenant governor or a candidate for the	839
office of secretary of state, auditor of state, treasurer of	840
state, attorney general, member of the state board of education,	841
chief justice of the supreme court, or justice of the supreme	842
court.	843

(3) "Candidate for county office" means a candidate for the	844
office of county auditor, county treasurer, clerk of the court of	845
common pleas, judge of the court of common pleas, sheriff, county	846
recorder, county engineer, county commissioner, prosecuting	847
attorney, or coroner.	848

(G) An independent expenditure shall be reported whenever and	849
in the same manner that an expenditure is required to be reported	850
under this section and shall be reported pursuant to division	851
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	852

(H)(1) Except as otherwise provided in division (H)(2) of	853
this section, if, during the combined pre-election and	854
postelection reporting periods for an election, a campaign	855
committee has received contributions of five hundred dollars or	856
less and has made expenditures in the total amount of five hundred	857
dollars or less, it may file a statement to that effect, under	858
penalty of election falsification, in lieu of the statement	859
required by division (A)(2) of this section. The statement shall	860
indicate the total amount of contributions received and the total	861
amount of expenditures made during those combined reporting	862
periods.	863

(2) In the case of a successful candidate at a primary	864
election, if either the total contributions received by or the	865
total expenditures made by the candidate's campaign committee	866
during the preprimary, postprimary, pregeneral, and postgeneral	867
election periods combined equal more than five hundred dollars,	868
the campaign committee may file the statement under division	869
(H)(1) of this section only for the primary election. The first	870
statement that the campaign committee files in regard to the	871
general election shall reflect all contributions received and all	872
expenditures made during the preprimary and postprimary election	873
periods.	874

(3) Divisions (H)(1) and (2) of this section do not apply if	875
a campaign committee receives contributions or makes expenditures	876
prior to the first day of January of the year of the election at	877
which the candidate seeks nomination or election to office or if	878
the campaign committee does not file a termination statement with	879
its postprimary election statement in the case of an unsuccessful	880
primary election candidate or with its postgeneral election	881
statement in the case of other candidates.	882

(I) In the case of a contribution made by a partner of a	883
partnership or an owner or a member of another unincorporated	884
business from any funds of the partnership or other unincorporated	885
business, all of the following apply:	886

(1) The recipient of the contribution shall report the	887
contribution by listing both the partnership or other	888
unincorporated business and the name of the partner, owner, or	889
member making the contribution.	890

(2) In reporting the contribution, the recipient of the	891
contribution shall be entitled to conclusively rely upon the	892
information provided by the partnership or other unincorporated	893
business, provided that the information includes one of the	894
following:	895

(a) The name of each partner, owner, or member as of the date	896
of the contribution or contributions, and a statement that the	897
total contributions are to be allocated equally among all of the	898
partners, owners, or members; or	899

(b) The name of each partner, owner, or member as of the date	900
of the contribution or contributions who is participating in the	901
contribution or contributions, and a statement that the	902
contribution or contributions are to be allocated to those	903
individuals in accordance with the information provided by the	904
partnership or other unincorporated business to the recipient of	905
the contribution.	906

(3) For purposes of section 3517.102 of the Revised Code, the	907
contribution shall be considered to have been made by the partner,	908
owner, or member reported under division (I)(1) of this section.	909

(4) No contribution from a partner of a partnership or an	910
owner or a member of another unincorporated business shall be	911
accepted from any funds of the partnership or other unincorporated	912
business unless the recipient reports the contribution under	913
division (I)(1) of this section together with the information	914
provided under division (I)(2) of this section.	915

(5) No partnership or other unincorporated business shall	916
make a contribution or contributions solely in the name of the	917
partnership or other unincorporated business.	918

(6) As used in division (I) of this section, "partnership or	919
other unincorporated business" includes, but is not limited to, a	920
cooperative, a sole proprietorship, a general partnership, a	921
limited partnership, a limited partnership association, a limited	922
liability partnership, and a limited liability company.	923

(J) A candidate shall have only one campaign committee at any	924
given time for all of the offices for which the person is a	925
candidate or holds office.	926

(K)(1) In addition to filing a designation of appointment of	927
a treasurer under division (D)(1) of this section, the campaign	928
committee of any candidate for an elected municipal office that	929
pays an annual amount of compensation of five thousand dollars or	930
less, the campaign committee of any candidate for member of a	931
board of education except member of the state board of education,	932
or the campaign committee of any candidate for township trustee or	933
township fiscal officer may sign, under penalty of election	934
falsification, a certificate attesting that the committee will not	935
accept contributions during an election period that exceed in the	936
aggregate two thousand dollars from all contributors and one	937
hundred dollars from any one individual, and that the campaign	938
committee will not make expenditures during an election period	939
that exceed in the aggregate two thousand dollars.	940

The certificate shall be on a form prescribed by the	941
secretary of state and shall be filed not later than ten days	942
after the candidate files a declaration of candidacy and petition,	943
a nominating petition, or a declaration of intent to be a write-in	944
candidate.	945

(2) Except as otherwise provided in division (K)(3) of this	946
section, a campaign committee that files a certificate under	947
division (K)(1) of this section is not required to file the	948
statements required by division (A) of this section.	949

(3) If, after filing a certificate under division (K)(1) of	950
this section, a campaign committee exceeds any of the limitations	951
described in that division during an election period, the	952
certificate is void and thereafter the campaign committee shall	953
file the statements required by division (A) of this section. If	954
the campaign committee has not previously filed a statement, then	955
on the first statement the campaign committee is required to file	956
under division (A) of this section after the committee's	957
certificate is void, the committee shall report all contributions	958
received and expenditures made from the time the candidate filed	959
the candidate's declaration of candidacy and petition, nominating	960
petition, or declaration of intent to be a write-in candidate.	961

(4) As used in division (K) of this section, "election	962
period" means the period of time beginning on the day a person	963
files a declaration of candidacy and petition, nominating	964
petition, or declaration of intent to be a write-in candidate	965
through the day of the election at which the person seeks	966
nomination to office if the person is not elected to office, or,	967
if the candidate was nominated in a primary election, the day of	968
the election at which the candidate seeks office.	969

(L) A political contributing entity that receives	970
contributions from the dues, membership fees, or other assessments	971
of its members or from its officers, shareholders, and employees	972
may report the aggregate amount of contributions received from	973
those contributors and the number of individuals making those	974
contributions, for each filing period under divisions (A)(1), (2),	975
(3), and (4) of this section, rather than reporting information as	976
required under division (B)(4) of this section, including, when	977
applicable, the name of the current employer, if any, of a	978
contributor whose contribution exceeds one hundred dollars or, if	979
such a contributor is self-employed, the contributor's occupation	980
and the name of the contributor's business, if any. Division	981
(B)(4) of this section applies to a political contributing entity	982
with regard to contributions it receives from all other	983
contributors.	984

Sec. 3517.1014. Any vendor that makes an expenditure on	985
behalf of, in support of, or in opposition to a candidate or	986
campaign committee shall promptly transmit a record of the	987
expenditure to the campaign committee of the candidate upon whose	988
behalf the expenditure was made. The record shall include all of	989
the following:	990

(A) The full name and address of the vendor;

991

(B) The month, day, and year of the expenditure;

992

(C) The full name and address of the entity to whom the	993
expenditure was made;	994

(D) The object or purpose for which the expenditure was made;	995
and	996

(E) The amount of the expenditure.

997

Section 2. That existing sections 3517.01 and 3517.10 of the	998
Revised Code are hereby repealed.	999